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ΕΠΙΣΗΜΟΣ ΕΦΗΜΕΡΙΣ ΤΗΣ 7ης ΜΑ'Ι'ΟΥ 1982 429
6. Αη enterprίse shall not be deemed Ιο have
a ρermanent esta:blishment ίη a Contracting State
merely because it carries ση bu'siness ίη that
State through a broker, general commission agent
ΟΓ any other agent of an independentstatus, pro–
vided that such persons are acι.ing ίη the ordinary
course οί their business.
7. The fact th'at a company whιίch is a resident
οί a Contracting State controls σΓ is controlled
by a company which is a resident οί the other
Contracting State. or which carries ση business ίιn
the other State (whether through a permanent
establishment or otherwise), shall not οί itself
consitute either company a permanent establish–
ment of the other.
Article 6
INCOME FROM IMIMOVABLE PROPERTY
attributed to a perma'nent establishment ση the
basis of an apportionment of the total profits of
the enterprise to its various parts, ησthing ίn
'paragraph 2 shalJ Ρ reclude that Contracting
State from determining th'e profits to be taxed
bysuch an apporNonment as may be custom,ary.
The method ofapportionment adopted shaJI,
however, be such that the result shall be ίη
accordance with the prinaiples contained ία this
Article.
5. Νο profits shall be attributed to a perma–
nent establishment by reason of the mere purchase
by that permanent establishment of goods ΟΓ
merchandise for the enterpri,se.
6. For the ρurpοse.ς of the preceding para–
grapl1s, the profits ιο be attributed ιο the perma–
nent establishment. shall be determined by the
same method year by year unless there is good
1. Income derived by aresident of a Contract- and sufficient reason to the contrary.
!ng State from ~mmovable property μηcΙudί~g 7. Where profits include items of income which
lncome from agrι~u1ture ΟΓ forestry) sltuCl;ted ιη Ι are dea1. t with separarely ίη other Articles οί this
the other Contracting State may be taxed ιη that Convention, then the provisions οί those Articles
other State. shall not be affected by the provisions of thi,s
2. The term "immovable property" shall have Article.
the meaning which it has under the law of the Article 8
Contracting State ίη which the property in
question is situated. The term sh'all ίη any case
include property accessory 10 immovable pro–
perty, livestσck and equipment used ίη agή­
culture and forestry, rights to which the provi–
sions of general law respecting landed property
apply. usufruct of immovable property and ήghts
to variable or fixed payments as consideration
for the workίng οί, ΟΓ the right to work, mineral
deposits, sources and other natural resources;
ships. boats and aίrcraft shall not be regarded as
immovable property.
3. The provisions of paragraph 1 shall apply
to income deήved from the direct use, letting. or
use ίη any other form of immovable propeny.
4. The provisions οί paragraphs 1 and 3 sha1l
also apply to the income from immovable pro–
perty σί an enterprise and to income from
immovable property used for the performance
of independent personal services.
Article 7
BOSINESS PROFITS
1. The profits οί aπ enterpήse σf a Contracting
State shal1 be taxable only ίn that State unless
the enterΡήse carήes οη business in the other
Contracting State through a permanent establish–
ment situated therein. Π the enterprise carrίes οη
business as afσresaίd the profits of the enterprise
may be taxed ίη the other State but οηlΥ so much
οί them as is attήbutaJbΙe to that permanent
estab1ishment.
2. Subject to the provisions of ρaragraph 3,
where an enterpnse οί a Contracting S,tate carήes
οη business ίη the other Cσntractίng State
through a permanent estabIishment situated
therein, there shall ίη each Cσntracting State be
attήbutedtο that peιmanent establishment the
profits which ίι might be exρected to make ίί it
were a distinct and separate enterpιise engaged
ίη the same or similar activities underthe same
or simiIar conditions and dealing whoHy inde–
pendently with the enterρήse οί which it js a
permanent establishment.
3. In determining the profits οί a ρermanent
estabIishment, there sh'a1l be allowed as de–
ductions 'expenses which areincurred for the
purρoses οί the permanent establίshment, ίn­
cludίng executive and general administrative
expenses so lncurred, whether ίη the State ίη
which the permanent establis'hment j,s situated οτ
elsewhere.
4. Ιη so far as it has been customary ίη a
Contracting State to determine the profits to be
INTERNATIONA,L TRANSιPORΤ
1. Prσfits from the operation οί ships, aircraft
ΟΓ road transρort vehicles ίη ,international traffic
shall be taxable only ίη the Cσntracting State
ίη which the place of effecti ve management οί
the enterprise is situated.
2. Profits from the operation οί boats, engaged
ίη inland waterway transpoct shal1 be taxable
only ίη the Contractίng State ίη which the place
σί effective management of the ooterprise is
situated.
3. Π the place οί effectίve management οί a
shipping enterprise or σf aπ inlaπd waterways
transρort enterprise is aboard a ship or boat.
then it shall be deemed to be situated ίη the
Contracting State ίη which the home harbour οί
the ship ΟΓ boat is situated, ΟΓ, ίί there is ηο
such home harbour, ίη the Contracting State οί
which the oρerator of the ship ΟΓ boat is a re–
sident.
4. The provisions οί paragraph 1 shall a]so
apply to ,profits from the participation ίη a pool,
a joint business ΟΓ an intematiσnal operating
agency.
Article 9
ASSOCIATED ENTERPRISES
W,here- .
(a) an enterprise οί a Contracting State
participates directly ΟΓ indirect1y ίη the
management, . control σΓ capital οί an
enterΡήse οί the other Contracting
State, ΟΓ
(b) the same persons participate directly ΟΓ
Indirectly ίη the managenient, control or
capital ofan enterprise οί a Contracting
State and an enterpήse οί the other
Contracting State.
and ίη either case conditions are made ΟΓ im–
posed between the two enterprises ίn their
commercial ΟΓ financial relations which differ
from those which would be made between inde–
pendent enterprises, then any profits which
would, but for those conditions, have accrued
to one of -the enterprises, but, by reason οί those
conditions, have not so accrued, may be included
ίη the profits οί th'at enterprise and taxed
accoιxtingly.
Article 10
DIVIDENDS
Ι. Dividends paid by a company which is a
resident οί a Contracting State to a resident of
the other ContraotIng State may be taxed ίη that
other State.