Arm's length principle applied to associated enterprises, allowing profit adjustments and reciprocal tax relief to prevent double taxation. Article 9 treats enterprises as associated where one participates in the management, control or capital of the other, or where the same persons participate in both. If conditions between associated enterprises differ from those between independent enterprises, profits that would have accrued but for those conditions may be included in taxable profits and taxed. The other Contracting State must make an appropriate adjustment to avoid double taxation, with competent authorities consulting as 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.
Arm's length principle applied to associated enterprises, allowing profit adjustments and reciprocal tax relief to prevent double taxation.
Article 9 treats enterprises as associated where one participates in the management, control or capital of the other, or where the same persons participate in both. If conditions between associated enterprises differ from those between independent enterprises, profits that would have accrued but for those conditions may be included in taxable profits and taxed. The other Contracting State must make an appropriate adjustment to avoid double taxation, with competent authorities consulting as necessary.
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