(a) In respect of paragraph (1) and (2) of Article 7, where an enterprise of one of the States sells goods or merchandise or carries on
business in the other State through a permanent establishment situated therein, the
profits of that permanent establishment shall not be determined on the basis of the
total amount received by the enterprise, but shall be determined only on the basis
of that part of the receipts which is attributable to the actual activity of the permanent
establishment for such sales or business.
Especially, in the case of contracts for the survey, supply, installation or construction
of industrial, commercial or scientific equipment or premises, or of public works,
when the enterprise has a permanent establishment, the profits of such permanent establishment
shall not be determined on the basis of the total amount of the contract, but shall
be determined only on the basis of that part of the contract which is effectively
carried out by the permanent establishment in the State where the permanent establishment
is situated. The profits related to that part of the contract which is carried out
by the head office of the enterprise shall be taxable only in the State of which the
enterprise is a resident.
(b) In the application of paragraph (3) of Article 7 no deduction shall be allowed in respect of amounts, if any, paid (otherwise than
towards reimbursement of actual expenses) by the permanent establishment to the head
office of the enterprise or any of its other offices, by way of royalties, fees or
other similar payments in return for the use of patents or other rights, or by way
of commission, for specific services performed or for management, or, except in the
case of a banking enterprise, by way of interest on moneys lent to the permanent establishment.
Likewise, no account shall be taken, in the determination of the profits of a permanent
establishment, for amounts charged (otherwise than towards reimbursement of actual
expenses), by the permanent establishment to the head office to the enterprise or
any of its other offices, by way of royalties, fees or other similar payments in return
for the use of patents or other rights, or by way of commission, for specific services
performed or for management, or, except in the case of a banking enterprise, by way
of interest on moneys lent to the head office of the enterprise or any of its other
offices.