Associated enterprises adjustment permits arm's length profit reallocation and tax adjustment to prevent double taxation. Article 9 permits inclusion in taxable profits where enterprises of the two Contracting States are associated and conditions between them differ from those between independent enterprises; profits that would have accrued absent those conditions may be adjusted and taxed. When one State taxes such adjusted profits that have also been taxed in the other State, the other State must make an appropriate tax adjustment, taking into account the Convention and after consultation between the competent authorities if necessary.
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 adjustment permits arm's length profit reallocation and tax adjustment to prevent double taxation.
Article 9 permits inclusion in taxable profits where enterprises of the two Contracting States are associated and conditions between them differ from those between independent enterprises; profits that would have accrued absent those conditions may be adjusted and taxed. When one State taxes such adjusted profits that have also been taxed in the other State, the other State must make an appropriate tax adjustment, taking into account the Convention and after consultation between the competent authorities if necessary.
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