DT5958 - DT: Denmark: double taxation agreement, Article 9: Associated enterprises
- Where:
- 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
- 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 income, deductions, receipts or outgoings which would, but for those conditions, have been attributed to one of the enterprises, but, by reason of those conditions, have not been so attributed, may be included in the profits or losses of that enterprise and taxed accordingly.
- 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 items so included comprise income,
deductions, receipts or outgoings which would have been attributed
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 the competent
authorities of the Contracting States may consult together with a
view to reaching an agreement on the adjustment of profits or
losses in both Contracting States.
