ARTICLE 8
Associated Enterprises
(1) Where:
- (a) an enterprise of a Contracting State, directly or indirectly, participates in the management, control or capital of an enterprise of the other Contracting State, or
- (b) the same persons, directly or indirectly, participate 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 imposed on or agreed between the two enterprises in their commercial or financial relations, which differ from those that would have been agreed between independent enterprises, then any profits, which would have accrued to one of the enterprises, but for those conditions, have not so accrued, may be included in the profits of that enterprise and taxed according to the provisions of Article 5, 6 and 7 of this Convention.
(2) Where the information available to the taxation authority is inadequate to determine for the purposes of paragraph (1) of this Article, the profits that might be expected to accrue to an enterprise, then the provisions of that paragraph shall not affect the application of law of either Contracting State in relation to the liability of that enterprise to pay tax on an amount determined by the exercise of a discretion or the making of an estimate by taxation authority of that State, provided that such discretion shall be exercised or such estimate shall be made, so far as the information available to the taxation authority permits, in accordance with the principle stated in that paragraph.