Royalties taxation: income typically taxable only in the recipient's residence, subject to permanent establishment and arm's length limits. Article 12 provides that royalties arising in a Contracting State and beneficially owned by a resident of the other Contracting State are taxable only in the resident State; it defines royalties to cover payments for use of copyrights, patents, trademarks, designs, secret formulas, processes and technical information. The paragraph excludes royalties effectively connected with a permanent establishment in the source State, in which case business profits rules apply, and limits treaty relief to arm's length amounts where special relationships inflate payments, leaving any excess taxable under domestic law.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Royalties taxation: income typically taxable only in the recipient's residence, subject to permanent establishment and arm's length limits.
Article 12 provides that royalties arising in a Contracting State and beneficially owned by a resident of the other Contracting State are taxable only in the resident State; it defines royalties to cover payments for use of copyrights, patents, trademarks, designs, secret formulas, processes and technical information. The paragraph excludes royalties effectively connected with a permanent establishment in the source State, in which case business profits rules apply, and limits treaty relief to arm's length amounts where special relationships inflate payments, leaving any excess taxable under domestic law.
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