■8 বাংলাদেশ গেজেট, অতিরিক্ত জানুয়ারী ত, ১৯৮৯ 2. Profits from the operation of ships in international traffic may be taxed in the State in which the place of effective management of the enterprise is situated. However, such profits arising in the other State may also be taxed in that State in accordance with its domestic law, but the tax so charged shall be reduced by fifty per cent. 3. If the place of effective management of a shipping enterprise is abroad a ship, then it shall be deemed to be situated in the State in which the home harbour of the ship is situated, or, if there is no such home harbour, in the State of which the operator of the ship is a resident. 4. The provisions of paragraphs 1 and 2 shall also apply to profits derived by such enterprises from the participation in a pool, a joint business or an international operating agency and to incidental income derived by such enterprises from the use of containers for the transport of goods or merchandise. ARTICLE 9 ASSOCIATED ENTERPRISES Where - (a) an enterprise of a State participates directly or indirectly in tht management, control or capital of an enterprise of the other State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a State and an enterprise of the other State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly, ARTICLE 10 DIWIDENDS 1. Dividends paid by a company which is a resident of a States to a resident of the other State may be taxed in that other State. 2. However, such dividends may also be taxed in the State of which the company paying the dividends is a resident and according to the laws of that State, but if the recipient is the benficial owner of the dividends the tax 50 charged shall not exceed : - (a) 10 per cent of the gross amount of the dividends if the Beneficial owner is a company (other than a partnership) which holds directly at least 10 per cent of the capital of the company paying the dividends;
