(1) Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under Article 38, paragraph (1), to that of the Contracting State of which he is a national.
(2) If the competent authority considers the objection to be justified and if it is not itself able to arrive at a satisfactory solution, it shall endeavour to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.
(3) The competent authorities of the Contracting States may, in accordance with Article 39 or the preceding provisions of this Article, in particular consult in order where possible to reach an agreement that:
- (a) Profit accruing to an enterprise of a Contracting State and its permanent establishment situated in the other Contracting State shall be attributed consistently;
- (b) Profits of associated enterprises within the meaning of Article 9, paragraph (1), shall be delimited consistently;
- (c) Income which is assimilated for tax purposes in the State of source to income from company shares shall be treated in the other State as income from distributions on holdings in joint stock companies;
- (d) Debts with respect to capital, estate, inheritance and gift taxes shall be treated consistently.