Chapter 3 - Location of an Entity
Article 6 - Location of a Constituent Entity that Is a Permanent Establishment
For the purposes of applying the provisions of Article 5 of the Law, the location of a Constituent Entity that is a Permanent Establishment shall be determined as follows:
Where the Constituent Entity is a Permanent Establishment in accordance with Paragraph A of the definition of a Permanent Establishment under Article 1 of the Law, it shall be located in the jurisdiction in which it is treated as a Permanent Establishment and to which the Tax Treaty allocates taxing rights.
Where the Constituent Entity is a Permanent Establishment in accordance with Paragraph B of the definition of Permanent Establishment under Article 1 of the Law, it shall be located in the jurisdiction where it is subject to net basis income taxation based on its place of business or deemed place of business.
Where the Constituent Entity is a Permanent Establishment in accordance with Paragraph C of the definition of Permanent Establishment under Article 1 of the Law, it shall be located in the jurisdiction where it is situated.