S.L. 123.34 Art. 5a person - applies - is acting State, that first-mentioned for the to conclude of such if exercised fixed place of of that first-mentioned regularly delivers wholly or almost a person other 7. An Contracting broker, general provided that However, when on behalf of that status within the 8. The fact

Notwithstanding the provisions of paragraphs 1 and 2, where other than an agent of an independent status to whom paragraph 7 in a Contracting State on behalf of an enterprise of the other Contracting enterprise shall be deemed to have a permanent establishment in the Contracting State in respect of any activities which that person undertakes enterprise, if such a person: a) has and habitually exercises in that State an authority contracts in the name of the enterprise, unless the activities person are limited to those mentioned in paragraph 4 which, through a fixed place of business, would not make this business a permanent establishment under the provisions paragraph; or b) has no such authority, but habitually maintains in the State a stock of goods or merchandise from which he goods or merchandise on behalf of the enterprise; or c) habitually secures orders in the first-mentioned State, wholly for the enterprise itself. than an agent of an independent status to whom paragraph 7 applies. enterprise shall not be deemed to have a permanent establishment in a State merely because it carries on business in that State through a commission agent or any other agent of an independent status, such persons are acting in the ordinary course of their business. the activities of such an agent are devoted wholly or almost wholly enterprise, he will not be considered an agent of an independent meaning of this paragraph. that a company which is a resident of a Contracting State controls by a company which is a resident of the other Contracting State or on business in that other State (whether through a permanent or otherwise), shall not of itself constitute either company a establishment of the other. Article 6

INCOME FROM IMMOVABLE PROPERTY derived by a resident of a Contracting State from immovable in the other Contracting State may be taxed in that other State. "immovable property" shall have the meaning which it has under Contracting State in which the property in question is situated. The case include property accessory to immovable property, livestock used in agriculture and forestry, rights to which the provisions of respecting landed property apply, usufruct of immovable property and or fixed payments as consideration for the working of, or the right deposits, sources and other natural resources; ships, boats and be regarded as immovable property. provisions of paragraph 1 shall apply to income derived from the direct use in any other form of immovable property. provisions of paragraphs 1 and 3 shall also apply to the income from property of an enterprise and to income from immovable property used performance of independent personal services.

Article 7 BUSINESS PROFITS profits of an enterprise of a Contracting State shall be taxable only in the enterprise carries on business in the other Contracting State permanent establishment situated therein. If the enterprise carries on aforesaid, the profits of the enterprise may be taxed in the other State but them as is attributable to that permanent establishment. to the provisions of paragraph 3, where an enterprise of a State carries on business in the other Contracting State through a establishment situated therein, there shall in each Contracting State be permanent establishment the profits which it might be expected to a distinct and separate enterprise engaged in the same or similar the same or similar conditions and dealing wholly independently enterprise of which it is a permanent establishment. tax laws of that State. However, no such deduction shall be allowed amounts, if any, paid (otherwise than towards reimbursement of actual the permanent establishment to the head office of the enterprise or offices, by way of royalties, fees or other similar payments in return patents, know-how or other rights, or by way of commission or specific services performed or for management, or, except in the enterprises, by way of interest on moneys lent to the permanent Likewise, no account shall be taken, in the determination of permanent establishment, for amounts charged (otherwise reimbursement of actual expenses), by the permanent establishment office of the enterprise or any of its other offices, by way of royalties, similar payments in return for the use of patents, know-how or other way of commission or other charges for specific services performed management, or, except in the case of a banking enterprise, by way moneys lent to the head office of the enterprise or any of its other offices.