{"query":"Does exclusivity alone destroy an agent's independent status under the India–US ","matches":[{"id":"independent_agent_carve_back_india_usa","question":"Does exclusivity alone destroy an agent's independent status under the India–US treaty?","answer":"No. Article 5(5)'s carve-back is CONJUNCTIVE: independent status is lost only where the agent's activities are devoted wholly or almost wholly to the enterprise AND the agent–enterprise dealings are not at arm's length. Near-exclusive devotion with arm's-length dealings leaves independence intact — a deliberate departure from the OECD pattern.","pinpoint":"Article 5(5), India–US DTAA (1990), second sentence","confidence":"settled","as_at":"14 Aug 2026","match_score":2,"treaty":"India–USA","quote":"devoted wholly or almost wholly on behalf of that enterprise and the transactions between the agent and the enterprise are not made under arm's-length conditions","quote_string_verified":true,"quote_source":"provision:IN-US.ART5"}],"engine":"deterministic","llm_in_path":false}