(1) Management fees arising in a Contracting State and paid to a resident of the other Contracting State may be taxed that other state.
(2) However, such management fees may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the management fees is a resident of the other Contracting State, the tax so charged shall not exceed 5 percent of the gross amount of the management fees. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation.
(3) The term "management fees" as used in this Article means payments of any kind received as a consideration for or in respect of the provision of industrial or commercial advice or for management or technical services or similar services or facilities, but does not include payments for professional services mentioned in Article 16 hereunder.
(4) The provisions of paragraphs (1) and (2) shall not apply if the beneficial owner of the management fees, being a resident of a Contracting State, carries on business in the other Contracting State in which the management fees arise through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the advice or services in respect of which the management fees are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 8 or Article 16, as the case may be, shall apply.
(5) Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the management fees, having regard to the advice or services for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount.
(6) In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.