In the case of a person established in both countries, his or her tax residence is determined by the location of his permanent residence, but if permanent housing is in either country or in neither country, the centre of vital interest is taken into account. If long-term interest rate factors do not determine where you live, a regular stay is considered. and if the person does not have a habitual residence in both countries, nationality is taken into account; And if the person is a national of either country or one of them, the States Parties determine the place of residence by mutual agreement. Profits of a business in a contracting state are taxable only in that state, unless the company operates in the other contracting state through a business management activity located there. But only the portion of the profit actually attributable to the MOU can be taxed in the other contracting state. In determining the benefits of the MOU, all expenses and deductions reasonably attributable to the MOU are permitted and all expenses and deductions are deductible if the MOU is an independent business; and the profits of the MOU are determined to be a self-sustaining and autonomous company which, under the same or similar conditions, carries out the same or similar activities and acts independently with the company of which it is the company. The mere purchase of goods or goods by an MOU for the company does not have the effect of attributing profits to this MOU. In the case of France, the income and corporate tax provisions apply and include withholding tax or instalments related to income and corporate tax. In the case of Singapore, income tax applies. This provision does not apply where the beneficiary has an MOU in the contracting state where the company`s dividend is set and the dividend received is effectively linked to that MOU. These PE-related dividends are considered a commercial benefit and subject to tax treatment accordingly.
The DBA also provides that these profits may be subject to a withholding tax provided by the laws of this other contracting state, but that this tax may not exceed 15% of PE`s profit after the payment of corporation tax on those profits.