Limitation of Benefits: treaty access conditioned on qualified person tests, active business exception, and anti abuse safeguards. Article 24 conditions treaty benefits on a person (other than an individual) being a qualified person: governmental entities; listed companies on recognised stock exchanges; companies, partnerships or associations meeting a fifty percent ownership test by residents or qualifying domestic persons; or charitable/tax exempt entities with primary activities in either Contracting State. It disqualifies entities whose majority gross income is paid to non residents as deductible payments (with certain business and bank payment exceptions), provides an active business exception, authorises competent authority determinations on principled purpose, and includes an overarching anti abuse prohibition.
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.
Limitation of Benefits: treaty access conditioned on qualified person tests, active business exception, and anti abuse safeguards.
Article 24 conditions treaty benefits on a person (other than an individual) being a qualified person: governmental entities; listed companies on recognised stock exchanges; companies, partnerships or associations meeting a fifty percent ownership test by residents or qualifying domestic persons; or charitable/tax exempt entities with primary activities in either Contracting State. It disqualifies entities whose majority gross income is paid to non residents as deductible payments (with certain business and bank payment exceptions), provides an active business exception, authorises competent authority determinations on principled purpose, and includes an overarching anti abuse prohibition.
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