Associated enterprises transfer pricing: profits adjusted and taxed where conditions differ from independent enterprises, with matching tax adjustments. Article 9 applies the arm's length principle to associated enterprises: when management, control or capital links produce conditions differing from those between independent enterprises, profits that would have accrued but for those conditions may be included in an enterprise's taxable profits and taxed. A corresponding adjustment by the other Contracting State is required where it has already taxed those profits, with due regard to Convention provisions and consultation between competent authorities; the UN Model excludes such corresponding adjustments where final legal proceedings establish liability for fraud, gross negligence or wilful default.
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 transfer pricing: profits adjusted and taxed where conditions differ from independent enterprises, with matching tax adjustments.
Article 9 applies the arm's length principle to associated enterprises: when management, control or capital links produce conditions differing from those between independent enterprises, profits that would have accrued but for those conditions may be included in an enterprise's taxable profits and taxed. A corresponding adjustment by the other Contracting State is required where it has already taxed those profits, with due regard to Convention provisions and consultation between competent authorities; the UN Model excludes such corresponding adjustments where final legal proceedings establish liability for fraud, gross negligence or wilful default.
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