Associated enterprises rule permits transfer pricing adjustments to taxable profits, with corresponding tax adjustments by the other State. Article 9 treats enterprises as associated where control or common persons lead to non arm's length conditions; profits that would have accrued but for those conditions may be included in an enterprise's taxable income and taxed. If one State taxes such adjusted profits though they were charged in the other State, that other State shall make an appropriate tax adjustment, with due regard to the Convention and consultation between the competent authorities.
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Provisions expressly mentioned in the judgment/order text.
Associated enterprises rule permits transfer pricing adjustments to taxable profits, with corresponding tax adjustments by the other State.
Article 9 treats enterprises as associated where control or common persons lead to non arm's length conditions; profits that would have accrued but for those conditions may be included in an enterprise's taxable income and taxed. If one State taxes such adjusted profits though they were charged in the other State, that other State shall make an appropriate tax adjustment, with due regard to the Convention and consultation between the competent authorities.
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