Marketing support and subcontracted client contracts: no agency permanent establishment under Article 5 DTAA; arm's-length pricing bars profit attribu...
Dispute concerns whether a settlement resolution applicant (SRA) qualified as a related party and thus was ineligible to submit a resolution plan. The tribunal noted the alleged transaction rested on a non-binding term sheet and no definitive contract or allotment of shares occurred, meaning the factual elements underpinning related party attribution were absent, yet the SRA was treated as a related party. The adjudicating authority previously considered and rejected the ineligibility challenge, rendering that determination final and permitting approval of the resolution plan; accordingly the appellate challenge to that approval was dismissed.
Dispute concerns whether a settlement resolution applicant (SRA) qualified as a related party and thus was ineligible to submit a resolution plan. The tribunal noted the alleged transaction rested on a non-binding term sheet and no definitive contract or allotment of shares occurred, meaning the factual elements underpinning related party attribution were absent, yet the SRA was treated as a related party. The adjudicating authority previously considered and rejected the ineligibility challenge, rendering that determination final and permitting approval of the resolution plan; accordingly the appellate challenge to that approval was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
