ARTICLE 9
Associated Enterprises
1. Where:
a) an enterprise of a Contracting state participates
directly or indirectly in the management, control or capital
of an enterprise of the other Contracting state; or
b) the same persons participate directly or indirectly
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 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, but for those conditions
would 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.
2. Where a Contracting State includes in the profits of an
enterprise of that state, and taxes accordingly, profits on which
an enterprise of the other Contracting state has been charged to
tax in that other state, and the profits so included are profits
which would have accrued to the enterprise of the first-mentioned
State if the conditions made between the two enterprises had been
those which would have been made between independent enterprises,
then that other state shall make an appropriate adjustment to the
amount of the tax charged therein on those profits. In
determining such adjustment, due regard shall be had to the
other provisions of this Convention and the competent authorities
of the Contracting States shall if necessary consult each other.