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 either case conditions are made or imposed between the two enterprises in their commercial or financial relations that differ from those that would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
#(2) If, in a Contracting State, profits are attributed to a company in that Contracting State, and they are correspondingly taxed, with which a company of the other Contracting States in this State is taxed, and these profits are such that the company of the first State would have earned if the conditions agreed upon between the two companies had been the same as those that independent companies would arrange with each other, then the other State will make a corresponding correction to the tax assessed on these profits, if this State deems this correction justified. In this correction, the remaining provisions of this Convention must be taken into account; if necessary the responsible authorities of the Contracting States will consult each other.