Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.
ARTICLE 9
Profit Adjustment
Where:
- (a) an enterprise of a Contracting State directly or indirectly exercises control over the management or the capital of an enterprise in the other Contracting State, or
- (b) the same persons directly or indirectly exercise control over the management or the capital of an enterprise of a Contracting State and in 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 which differ from those which 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.