The tax treaty rules on dividends, interest and royalties (Art. 10 to 12 OECD Model) generally take precedence over the provisions on business profits (Art. 7 OECD Model), even if the participations, debt claims and rights etc. are part of an enterprise's business property (see Art. 7 para. 7 OECD Model). However, Art. 10 para. 4, Art. 11 para. 4 and Art. 12 para. 3 provide an exception for cases where the participations etc. form part of a permanent establishment maintained by the enterprise in the state of source. Therefore the state of source, has to apply the article on business profits (including dividends, interest and royalties) to the extent that such income is attributable to the permanent establishment. Michael Lang deals with the question of wether the state of residence has to treat those dividends etc. as dividends or has to apply the business profit article. This question has been raised by the Supreme Tax Court in Germany (Bundesfinanzhof).