ARTICLE 8
SHIPPING, INLAND WATERWAYS TRANSPORT
AND AIR TRANSPORT
1. Profits from the operation of ships or aircraft in international traffic shall be
taxable only in the Contracting State in which the place of effective management of the
enterprise is situated.
2. Profits from the operation of boats engaged in inland waterways transport shall
be taxable only in the Contracting State in which the place of effective management of
the enterprise is situated.
3. If the place of effective management of a shipping enterprise or of an inland
waterways transport enterprise is aboard a ship or boat, then it shall be deemed to be
situated in the Contracting State in which the home harbour of the ship or boat is
situated, or, if there is no such home harbour, in the Contracting State of which the
operator of the ship or boat is a resident.
4. The provisions of paragraph 1 shall also apply to profits from the participation in
a pool, a joint business or an international operating agency.
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 would, but for those
conditions, 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.