Permanent establishment attribution determines which State may tax the portion of enterprise profits tied to local business activities. Profits are taxable only in the State of residence unless an enterprise operates in the other Contracting State through a permanent establishment, in which case only profits attributable directly or indirectly to that permanent establishment may be taxed there. Attribution must reflect the profits the permanent establishment would make as a distinct and separate enterprise, allow deductions for business expenses subject to the taxing State's rules, permit customary apportionment consistent with the Article's principles, exclude mere purchase activity from attribution, and be applied consistently year to year unless justified otherwise.
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Provisions expressly mentioned in the judgment/order text.
Permanent establishment attribution determines which State may tax the portion of enterprise profits tied to local business activities.
Profits are taxable only in the State of residence unless an enterprise operates in the other Contracting State through a permanent establishment, in which case only profits attributable directly or indirectly to that permanent establishment may be taxed there. Attribution must reflect the profits the permanent establishment would make as a distinct and separate enterprise, allow deductions for business expenses subject to the taxing State's rules, permit customary apportionment consistent with the Article's principles, exclude mere purchase activity from attribution, and be applied consistently year to year unless justified otherwise.
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