Associated enterprises: profits may be reallocated under arms length adjustments when related party conditions differ, and taxed accordingly under the treaty. Article 10 provides that where enterprises of the Contracting States are associated through participation in management, control or capital, and conditions between them differ from those between independent enterprises, only the profits that would have accrued but for those conditions may be included in and taxed as the enterprise's profits. The provision implements the arms length principle, permitting profit reallocation in commercial and financial relations between related parties under the Double Taxation Agreement.
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.
Associated enterprises: profits may be reallocated under arms length adjustments when related party conditions differ, and taxed accordingly under the treaty.
Article 10 provides that where enterprises of the Contracting States are associated through participation in management, control or capital, and conditions between them differ from those between independent enterprises, only the profits that would have accrued but for those conditions may be included in and taxed as the enterprise's profits. The provision implements the arms length principle, permitting profit reallocation in commercial and financial relations between related parties under the Double Taxation Agreement.
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