ARTICLE 9
Associated Enterprises
(1) Where:
- (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or
- (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State,
and in such cases both enterprises in their commercial or financial relations are obliged to observe conditions that are agreed to or are imposed on them and that differ from those that would exist between independent enterprises, the profits that could have been derived by one of the enterprises in the absence of such conditions, but, because of the conditions, were not derived, may be regarded as profits of that enterprise and taxed accordingly.
(2) If, in a Contracting State, profits for which an enterprise of the other Contracting State has been taxed in that other State are regarded as profits of an enterprise of the first State and, accordingly, are subject to tax and if the attributed profits involve amounts that could have been derived by the enterprise of the first-mentioned State and the conditions agreed to between the enterprises coincide with conditions that would have been agreed to between independent enterprises, the other State shall make the appropriate adjustment of the tax it levies on those profits. Notwithstanding such an adjustment, the rest of the provisions of this Agreement must be observed; if necessary, the competent authorities of the Contracting States shall consult each other.