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ARTICLE 5
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Permanent Establishment
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1. For the purposes of this Convention, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on.
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2. The term "permanent establishment" includes especially:
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( a ) a place of management;
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( b ) a branch;
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( c ) an office;
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( d ) a factory;
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( e ) a workshop; and
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( f ) a mine, an oil or gas well, a quarry, or any other place of extraction of natural resources.
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3. A building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months.
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4. Notwithstanding the preceding provisions of this Article, the term "permanent establishment" shall be deemed not to include:
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( a ) the use of facilities solely for the purpose of storage, display, or delivery of goods or merchandise belonging to the enterprise;
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( b ) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display, or delivery;
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( c ) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
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( d ) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the enterprise;
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( e ) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character;
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( f ) the maintenance of a fixed place of business solely for any combination of the activities mentioned in subparagraphs (a) to ( e ), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
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5. Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of an independent status to which paragraph 6 applies - is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.
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6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent, or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business as independent agents.
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7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.