Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or (b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 25 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting Statedividends, the tax so charged to the beneficial owner shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (not being debt-claims)) participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a resident, througha permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends thedividends are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, no tax may be imposed on the beneficial owner in that other State may not impose any tax on the dividends paid by the company, company except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if evenif the dividends paid or the undistributed profits consist wholly or partly of profits or income arising incomearising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of in a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However2nd Notwithstanding the provisions of paragraph 1 may, such however, dividends may also be are taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner recipient of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) exceed 15 per cent of the gross amount amount. If the person entitled to the investigation is a company (other than a partnership) holding at least 25 percent of the company making the payment, exempt dividends from taxation in all other cases. The competent authorities the State of which the Contracting States shall settle company paying the mode of application of these limitations by mutual agreementdividends is a resident. This paragraph shall not affect the taxation of the company in respect of the company's taxable profits out of which the dividends are paid.
3. third The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the in a company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of in which the distributing company is a resident, resident for tax purposes is treated in the same way as a dividend or distribution of a company.
4income from shares. 4th The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being dividends is a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. 5th Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated lasted device in that other this State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 15 per cent of the gross amount of the dividends if the recipient is the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
32. The term "“dividends" ” as used in this Article means means:
(a) dividends on shares including income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), as well as participating in profits, and
(b) other income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated and, for the purpose of taxation in the Federal Republic of Germany, income derived by a sleeping partner (“▇▇▇▇▇▇▇ Gesellschafter”) from his participation as a dividend such and distributions on certificates of an investment fund or distribution investment trust or for the purpose of taxation in Papua New Guinea specific gains derived by shareholders in a company.
43. The provisions of paragraphs paragraph 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
54. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent exceed 10% of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this the Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, therein or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State State, derives profits or income from the other Contracting State, State that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (not being debt-debt- claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Stateboth Contracting States.
2. However, such dividends may also be taxed in the Contracting State of Where a company which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of Pakistan pays dividends to a company which is a resident of Canada and which owns 25 per cent or more of the other Contracting Stateshare capital of the first-mentioned company, the tax so charged in Pakistan on such dividends shall not exceed:exceed FBR, Government of Pakistan
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends where the first-mentioned company is engaged in an industrial undertaking; and
(b) 20 percent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. Where a company which is a resident of Canada pays dividends to a resident of Pakistan who is the beneficial owner thereof, the tax charged in Canada on such dividends shall not exceed 15 per cent of their gross amount.
(a) The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident resident.
(b) The term "industrial undertaking" as used in this Article means an undertaking engaged in
(i) the manufacture of goods or materials or the subjection of goods or materials to any process which results in substantially changing their original condition;
(ii) ship-building;
(iii) electricity, hydraulic power, gas and also includes water supply;
(iv) mining including working of an oil-well or the source of any mineral deposit; and
(v) any other item whichundertaking, under which may be declared by the laws competent authority to be an industrial undertaking for the purposes of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a companythis Article.
4. The provisions of paragraphs 1 2 and 2 3 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such a case, the provisions of Article 7 VII or Article 14, as the case may be, XIV shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income Tax Convention
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 15 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights rights, not being debt- claims, participating in profits (not being debt-claims)profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid paid, or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that Contracting State, but but, if the recipient is the beneficial owner of the dividends and is a resident of the other Contracting Statecompany, excluding partnership, the tax so charged shall not exceed:
(a) 5 15 per cent of the gross amount of the dividends if the beneficial owner is a company which recipient holds directly at least 10 25 per cent of the capital shares of the company paying the dividends; or,
(b) 15 20 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. .This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the tax laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other Contracting State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other Contracting State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other Contracting State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other Contracting State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other Contracting State.
Appears in 1 contract
Sources: Double Taxation Avoidance Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if a resident of the other Contracting State is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds that controls at least 10 per cent of the capital of voting power in the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means means:
(a) dividends on shares including income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights rights, not being debt- claims, participating in profits profits, and
(not being debt-claims), as well as b) other income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, and for the purpose of taxation in the Federal Republic of Germany, income derived by a "▇▇▇▇▇▇▇ Gesellschafter" (sleeping partner) from the partner's participation as such, income from a "partiarisches Darlehen" (loan, with interest rate linked to borrower's profit) or "Gewinnobligationen" (profit sharing bonds) and similar remuneration which is treated dependent on profits as a dividend or distribution well as distributions on certificates of a companyan investment trust.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State and not also a resident of the other Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Notwithstanding any provision in this Agreement, Canada may impose on the earnings of a company attributable to permanent establishments in Canada, or on the earnings attributable to the alienation of immovable property situated in Canada by a company carrying on a trade in immovable property, tax in addition to the tax which would be chargeable on the earnings of a company that is a resident of Canada, provided that the rate of such additional tax so imposed shall not exceed the percentage limitation provided for under subparagraph (a) of paragraph 2 of the amount of such earnings which have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term "earnings" means:
(a) the earnings attributable to the alienation of such immovable property situated in Canada as may be taxed by Canada under the provisions of Article 6 or of paragraph 1 of Article 13, and
(b) the profits attributable to such permanent establishments in Canada (including gains from the alienation of property forming part of the business property, referred to in paragraph 2 of Article 13, of such permanent establishments) in accordance with Article 7 in a year and previous years after deducting therefrom:
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceedexceed 5% of the dividends.
3. Notwithstanding the provisions of paragraph 2 of this Article, dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State shall be taxable only in the other Contracting State if:
(a) 5 per cent of the gross amount beneficial owner of the dividends if is a company that is resident of the other Contracting State and that holds directly at least 10% of the capital of the company paying the dividends,
b) the beneficial owner of the dividends is the other Contracting State, a company which political subdivision, a local authority or a statutory body thereof or an entity wholly owned by that State or authority, including, in the case of Qatar, Qatar Investment Authority and Qatar Holding, provided that such State, authority or entity holds directly at least 10 per cent 5% of the capital of the company paying the dividends; or
(bc) 15 per cent the dividends are paid by a company the shares of which are substantially and regularly traded on a Stock Exchange of a Contracting State and the gross amount beneficial owner of the dividends in all is a resident of the other casesContracting State that holds directly at least 1% of the capital of the company paying the dividends. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph 2 and this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
34. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 1, 2 and 2 3 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws law of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner recipient is a company which itself, or jointly within a partnership with other companies, holds at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) in all other cases, 15 per cent of the gross amount of the dividends.
(3) Notwithstanding the provisions of paragraph (2), the tax of a Contracting State on dividends paid by a company which is a resident of that State may exceed the rates provided for in all other cases. The competent authorities that paragraph, but shall not exceed 25.75 per cent of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation gross amount of the company in respect dividends, if
(a) the rate of the corporation tax of that State on distributed profits out of which is lower than that on undistributed profits and the difference between those two rates is 20 percentage points or more, and
(b) such dividends are paidpaid by a company which is a resident of that State to a company which is a resident of the other Contracting State and which itself or together with other persons controlling it or being under common control with it, holds, directly or indirectly, at least 25 per cent of the capital of the first-mentioned company.
3. (4) The term "“dividends" ” as used in this Article means income from shares, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated and income derived by a sleeping partner from his participation as a dividend or distribution such and distributions on certificates of a companyan investment-trust.
4. (5) The provisions of paragraphs 1 and 2 (1) to (3) shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. (6) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and resident. In the case of Austria the term "dividends" as used in this Article includes also includes any other item which, under income from "participation shares" ("Partizipationsscheine") in the laws sense of the Contracting State Austrian Law on credit affairs ("Kreditwesengesetz").
4. Notwithstanding the provisions of paragraph 2 - as long as Cyprus does not impose tax at source on dividends - dividends paid by a company which is a resident of Cyprus to a resident of Austria shall not be subject to any tax imposed by Cyprus in excess of the tax imposed with respect to the profits or earnings out of which such dividends are paid. An individual resident of Austria shall be entitled to a refund of any Cyprus tax imposed with respect to the company is a resident, is treated as profits or earnings out of which a dividend or distribution of a is paid, to the extent that this tax exceeds the individual's tax liability in Cyprus, but may not be subject to any tax in addition to the one paid by the company.
45. The provisions of paragraphs 1 1, 2 and 2 4 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Tax Treaty
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws law of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner recipient is a company (excluding partnership) which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) In all other cases, 15 per cent of the gross amount of the dividends in all other casesdividends. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementthis limitation. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article article means income from shares, jouissance shares or jouissance rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs paragraph 1 and 2 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such a case, the provisions of Article article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Agreement
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may shall be taxed taxable only in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if provided such resident is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:dividends.
(a2) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" “dividends as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as other income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. (3) The provisions of paragraphs 1 and 2 paragraph (1) shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 (7) or Article (14), as the case may be, shall apply.
5. (4) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that the other Contracting State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other Contracting State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other Contracting State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other Contracting State.
(5) The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent except as provided in sub-paragraph b), such dividends shall be exempt from tax in the Contracting State of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; ordividends is a resident;
(b) other than where the beneficial owner of the dividends is a pension scheme, where dividends are paid out of income (including gains) derived directly or indirectly from immovable property within the meaning of Article 6 by an investment vehicle which distributes most of this income annually and whose income from such immovable property is exempted from tax, the tax charged by the Contracting State of which the company paying the dividends is a resident shall not exceed 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementdividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" ìdividendsî as used in this Article means income from shares, ìjouissanceî shares or ìjouissanceî rights, foundersí shares or other rights rights, not being debt- claims, participating in profits (not being debt-claims)profits, as well as income from any other corporate rights item which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s companyís undistributed profits to a tax on the companyís undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
6. No relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.
Appears in 1 contract
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 five (5) per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 ten (10) per cent of the capital of the company paying the dividends; or;
(b) 15 ten (10) per cent of the gross amount of the dividends in all other cases. The competent authorities ;
c) notwithstanding the provisions of sub-paragraphs a and b, fifteen (15) per cent of the Contracting States shall settle gross amount of the mode dividends if the distributing company is a real estate investment company that is tax-exempt regarding all or parts of application of these limitations by mutual agreementits profits or that can deduct the distributions in determining its profits. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
(3. ) The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws distributions on certificates of the Contracting State of which the company is a resident, is treated as a dividend an investment fund or distribution of a companyinvestment trust.
(4. ) The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14Article14, as the case may be, shall apply.
(5. ) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds controls, directly or indirectly, at least 10 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases.
3. The Notwithstanding the provisions of paragraphs 1 and 2 of this Article, dividends paid by a company which is a resident of a Contracting State shall be taxable only in the other Contracting State if the beneficial owner of the dividends is that other State itself, a political subdivision, local government , or the Central Bank thereof, the Abu Dhabi Investment Authority, International Petroleum Investment Company or any other institution created by the Government of, a political subdivision of, or local government of that other State which is recognised as an integral part of that Government as shall be agreed by mutual agreement of the competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paidStates.
34. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
7. The provisions of this Article shall not apply in any case where it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid, to take advantage of this Article by means of that creation or assignment.
Appears in 1 contract
Sources: Income and Capital Tax Convention
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws law of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent 5% of the gross amount of the dividends if the beneficial owner recipient is a company (excluding partnerships) which holds owns directly at least 10 per cent 25% of the capital of the company paying the dividends; or;
(b) 15 per cent in all other cases, 15% of the gross amount of the dividends in all other casesdividends. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementthis limitation. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected subject to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, State carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, therein or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, a case the provisions of Article 7 or Article 14, as the case may be, shall applydividends are taxable in that other Contracting State according to its own law.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, State that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceedexceed :
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 25 per cent of the capital shares of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by under the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding holding, in respect of which which, the dividends are paid paid, is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
Appears in 1 contract
Sources: Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such su ch dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of but:
(a) where the dividends are paid by a company which is a resident of Malta to a resident of South Africa who is the other Contracting Statebeneficial owner thereof, Malta tax on the gross amount of the dividends shall not exceed that chargeable on the profits out of which the dividends are paid;
(b) where the dividends are paid by a company which is a resident of South Af rica to a resident of Malta who is the beneficial owner thereof, the South African tax so charged shall not exceed:
(a) exceed 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which wh ich is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:;
(a) 5 per cent except as provided in sub-paragraph 2 (b) such dividends shall be exempt from tax in the Contracting State of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; ordividends is a resident;
(b) other than where the beneficial owner of the dividends is a pension scheme, where dividends are paid out of income derived directly or indirectly from immovable property within the meaning of Article 6 by an investment vehicle which distributes most of this income annually and whose income from such immovable property is exempted from tax, the tax charged by the Contracting State of which the company paying the dividends is a resident shall not exceed 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementdividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
(3. ) The term "dividends" as used in this Article means income from shares shares, or other rights rights, not being debt- claims, participating in profits (not being debt-claims)profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company paying the dividend is a resident, is treated as a dividend or distribution of a company.
(4. ) The provisions of paragraphs 1 (1) and 2 (2) of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, of this Agreement shall apply.
(5. ) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
(6) The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to obtain a tax advantage under this Article by means of that creation or assignment.
Appears in 1 contract
Sources: Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws law of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs paragraph 1 and 2 shall not apply if the person beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 (Business Profits) or Article 14, (Independent Personal Services) as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State.
6. Profit of a company which is a resident of one of the Contracting States and carries out its economic activity in that State through the permanent establishment located there, nor subject may after being taxed under Article 7 (Business Profits) be taxed on the company’s undistributed profits to a rest part in that Contracting State, where the permanent establishment is located and in accordance with the Law of that State, provided that the rate of the tax on undistributed profits, even if charged therein shall not exceed the dividends paid or the undistributed profits consist wholly or partly of profits or income arising rate stipulated in such other Stateparagraph 2.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends paid by a company which is a resident of a Contracting State may also be taxed in the Contracting that State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent exceed 10 percent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Nothing in this Agreement shall prevent a Contracting State from imposing on the profits attributable to a permanent establishment situated in that State, of a company which is a resident of the other Contracting State, a tax in addition to the taxes allowable under the other provisions of the Agreement provided that any additional tax so imposed shall not exceed 10 per cent of the profits attributable to the permanent establishment after the payment of corporate income tax on those profits.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State Party to a resident of the other Contracting State Party may be taxed in that other StateContracting Party.
2. However, such dividends paid by a company which is a resident of a Contracting Party may also be taxed in the that Contracting State of which the company paying the dividends is a resident and Party according to the laws of that StateContracting Party, but if the beneficial owner of the dividends is a resident of the other Contracting StateParty, the tax so charged shall not exceed:
(a) 5 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 25 per cent of the capital of the company paying the dividends throughout a 365 day period that includes the day of the payment of the dividends (for the purpose of computing that period, no account shall be taken of changes of ownership that would directly result from a corporate reorganization, such as a merger or divisive reorganization, of the company that holds the shares or that pays the dividends; or);
(b) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State Party of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend and income derived from an investment fund or distribution of a companyinvestment trust.
4. Profits of a company of a Contracting Party carrying on business in the other Contracting Party through a permanent establishment situated therein may, after having been taxed under Article 7, be taxed on the remaining amount in the Contracting Party in which the permanent establishment is situated and in accordance with paragraph 2(a) of this Article.
5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting StateParty, carries on business in the other Contracting State Party of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State Contracting Party independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Relief Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 20 per cent of the capital of the company paying the dividends; orcompany.
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends dividend paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
6. Notwithstanding any other provisions of this Agreement where a company which is a resident of a Contracting State has a permanent establishment in the other Contracting State, the profits of the permanent establishment may be subjected to an additional tax in that other State in accordance with its law, but the additional tax so charged shall not exceed 10 per cent of the amount of such profits after deducting therefrom income tax and other taxes on income imposed thereon in that other State.
7. The provisions of paragraph 6 of this Article shall not affect the provisions contained in any production sharing contracts or any other similar contracts relating to oil and gas sector or other mining sector concluded by the Government of Indonesia, its instrumentality, its relevant state oil and gas company or any other entity thereof with a person who is a resident of Poland.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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; ordividends throughout a 365 day period that includes the day of the payment of the dividend (for the purpose of computing that period, no account shall be taken of changes of ownership that would directly result from a corporate reorganisation, such as a merger or divisive reorganisation, of the company that holds the shares or that pays the dividend);
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such Such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws law of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, . However
(a) the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) exceed 15 per cent of the gross amount of the said dividends in all other cases. The competent authorities paid by a company which is a resident of the Contracting States Belgium;
(b) dividends paid by a company which is a resident of Ireland shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paidbe exempt from Irish sur-tax.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident. In the case of a company which is a resident and also of Belgium, other than a company with share capital (societe autre qu'une societe par actions), the term “dividends” includes any other item which, under payments by the laws company--even if made in the form of interest--which are taxable in the hands of members of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a companyincome on invested capital.
4. The provisions Neither the limitation of paragraphs 1 and rate of tax nor the exemption for which paragraph 2 provides shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall applyconnected.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of company outside that other State to persons who are not residents thereof or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State, unless the dividends are excluded from the basis upon which German tax is imposed according to paragraph 2(a) of Article 23.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent exceed 15 percent of the gross amount of the dividends.
3. Notwithstanding the provisions of paragraph 2 German tax on dividends if the beneficial owner is paid to a company which holds being a resident of Kenya by a company being a resident of the Federal Republic of Germany, at least 10 per cent 25 percent of the capital voting shares of which is owned directly or indirectly by the former company paying the dividends; or
(b) 15 per cent itself, or by it together with other persons controlling it or being under common control with it, shall not exceed 25 percent of the gross amount of such dividends as long as the dividends in all other cases. The competent authorities rate of German corporation tax on distributed profits is lower than that on undistributed profits and the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paiddifference between those two rates is 15 percentage points or more.
34. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares or any other items which is deemed to be a dividend or distribution of a company by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated distributions on certificates of an investment trust and also, in the Federal Republic of Germany, income derived by a sleeping partner from his participation as a dividend or distribution of a companysuch.
45. The provisions of paragraphs 1 1, 2 and 2 3 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with connected; in such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
Appears in 1 contract
Sources: Double Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 1415, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives income or profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of income or profits or income arising in such other State.
6. Nothing in this Agreement shall be construed as preventing a Contracting State from imposing tax on the disposal of profits out of a Contracting State in accordance with the provisions of its domestic law. The tax so charged shall in no case exceed the tax charged on dividends in a Contracting State in accordance with the provisions of paragraph 2 of this Article.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State one of the States to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent 10 percent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) 15 20 per cent of the gross amount of the dividends in all other cases.
3. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph 2 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
34. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (not being debt-claims)profits, as well as income from profit-sharing bonds and income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting Stateone of the States, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State one of the States derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, State the tax so charged shall not exceed:
(a) 5 per cent 5% of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of has directly invested in the capital of the company paying not less than the dividends; orequivalent of 100,000 US dollars;
(b) 15 per cent 10% of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares shares, or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on or carried on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated thereinestablishment, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with attributable to such permanent establishment or fixed base. In such case, case the provisions of Article Articles 7 or Article 1415 of this Agreement, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Treaty
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting Statedividends, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) exceed 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementdividends. This paragraph shall not affect the taxation of the company Company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, a case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly or indirectly at least 10 20 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementthis limitation. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares shares, or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions items of Article 7 or Article 14, as the case may be, shall applyincome are taxable in that other Contracting State according to its own law.
5. Where a company which is a resident of a Contracting State State, derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights -- even paid in the form of interest -- which is subjected to the same taxation treatment treated as income from shares by the laws internal tax legislation of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the paying company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Notwithstanding the provisions of paragraph 5, where a company which is a resident of a Contracting State has in the other Contracting State a permanent establishment, that other State may subject the profits of the permanent establishment, after deduction of the tax which may be levied thereon in accordance with the provisions of Article 7, to an additional tax on deemed distribution of income according to its laws, but the tax so charged shall not exceed 10 per cent of the profits thus reduced.
7. The provision of paragraph 6 shall not affect the provisions contained in any production sharing contracts and contracts of work (or any other similar contracts) relating to [the] oil and gas sector or other mining sector concluded on or before 31 December, 1983, by the Government of Indonesia, its instrumentality, its relevant state oil and gas company or any other entity thereof with a person who is a resident of Belgium.
Appears in 1 contract
Sources: Double Taxation Avoidance Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 exceed fifteen per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance rights", mining shares, founders shares or other rights rights, not being debt claims, participating in profits (not being debt-claims)profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State State, of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article article 7 or Article 14, article 14 as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Tax Treaty
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent 15% of the gross amount of the dividends if the beneficial owner recipient is a company which holds owns at least 10 per cent 25% of the capital voting shares of the company paying the dividends during the period of six months immediately preceding the date of payment of the dividends; or;
(b) 15 per cent 25% of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares or any other item which is deemed to be a dividend or distribution of a company by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend but does not include any interest or distribution royalties to which Articles IX and X of a companythis Convention apply.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such case, a case the provisions of Article 7 or Article 14, as the case may be, IV shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, State that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
6. Dividends paid by a company being a resident of Kenya to a company which is a resident of Sweden shall be exempt from tax in Sweden to the extent that the dividends would have been exempt under Swedish law if both companies had been residents of Sweden. This exemption shall not apply unless the profits out of which the dividends are paid have been subjected in Kenya to the normal income tax which applies at the date of signature of this Convention or an income tax comparable thereto, or the principal part of the profits of the company paying the dividends arises, directly or indirectly, from business activities other than the management of securities and other similar property and such activities are carried on within Kenya by the company paying the dividends or by a company in which it owns at least 25% of the voting power.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State one of the States to a resident of the other Contracting State may be taxed in that other State.:
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws law of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) exceed 15 per cent of the gross amount of the dividends.
3. Notwithstanding the provisions of paragraph 2 the State of which the company is a resident shall not levy a tax on dividends paid by that company to a company the capital of which is wholly or partly divided into shares and which is a resident of the other State and holds directly at least 25 per cent of the voting power in all other casesthe company paying the dividends.
4. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementparagraphs 2 and 3.
5. This paragraph The provisions of paragraphs 2 and 3 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
36. Notwithstanding the provisions of paragraph 2, dividends paid by a company which is a resident of Ireland to a resident of the Netherlands shall be exempt from Irish sur-tax.
7. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
48. The provisions of paragraphs 1 1, 2, 3 and 2 6 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting Stateone of the States, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such a case, the provisions of Article 7 or Article 14, as the case may be, 5 shall apply.
59. Where a company which is a resident of a Contracting State one of the States derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to State, being dividends which are beneficially owned by a resident of the other Contracting State State, may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) exceed 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementdividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or.
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement3. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
34. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company paying the dividend is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State State, of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Avoidance Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State Party to a resident of the other Contracting State Party may be taxed in that other StateContracting Party.
2. However, such dividends may also be taxed in the Contracting State Party of which the company paying the dividends is a resident and according to the laws of that StateContracting Party, but if the beneficial owner of the dividends is a resident of the other Contracting StateParty, the tax so charged shall not exceed:
(a) 5 exceed 10 per cent of the gross amount of the dividends.
3. Notwithstanding the provisions of paragraph 2, the Contracting Party of which the company paying the dividends is a resident shall not levy a tax on dividends paid by that company, if the beneficial owner of the dividends is:
(a) a company, other than a partnership, which is a company which resident of the other Contracting Party and holds directly at least 10 per cent of the capital of the company paying the dividends, provided that:
(i) the shares of the company receiving the dividends are regularly traded on a recognised stock exchange; or
(bii) 15 at least 50 per cent of the gross amount shares of the company receiving the dividends is owned by a company the shares of which are regularly traded on a recognised stock exchange, but only if the last mentioned company:
(A) is a resident of either Contracting Party; or
(B) is a resident of a member State of the European Union (EU) and that company would be entitled to similar or more favourable benefits as provided by this Article pursuant to a comprehensive arrangement for the avoidance of double taxation between its State of residence and the Contracting Party from which the benefits of this Article are claimed or pursuant to a multilateral agreement to which its State of residence and the Contracting Party from which the benefits of this Article are claimed are a party;
(b) a bank or insurance company that is established and regulated as such under the laws of the Contracting Party of which it is a resident;
(c) a Contracting Party, or a political subdivision or local authority thereof;
(d) an institution created by the Government of a Contracting Party, or a political subdivision or local authority thereof, which is recognised as an integral part of that Government as shall be agreed by mutual agreement of the competent authorities of the Contracting Parties;
(e) a headquarters company for a multinational corporate group which provides a substantial portion of the overall supervision and administration of the group and which has, and exercises, independent discretionary authority to carry out these functions;
(f) a pension fund or scheme as referred to in all paragraph 2 of Article 4; or
(g) a company other casesthan a company mentioned under subparagraphs (a), (b), (d), or (e) provided that the competent authority of the Contracting Party which has to grant the benefits determines that the establishment, acquisition or maintenance of the company does not have as its main purpose or one of its main purposes to secure the benefits of this Article.
4. The competent authorities of the Contracting States Parties shall by mutual agreement settle the mode of application of these limitations by mutual agreementlimitations.
5. This paragraph The provisions of paragraphs 2 and 3 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
36. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State Party of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
47. The provisions of paragraphs 1 1, 2, 3 and 2 9 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting StateParty, carries on business in the other Contracting State Party, of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.respect
58. Where a company which is a resident of a Contracting State Party derives profits or income from the other Contracting StateParty, that other State Contracting Party may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State Contracting Party or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other StateContracting Party, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other StateContracting Party.
9. Notwithstanding the provisions of paragraphs 1, 2 and 8, dividends paid by a company whose capital is divided into shares and which under the laws of a Contracting Party is a resident of that Contracting Party, to an individual who is a resident of the other Contracting Party may be taxed in the first-mentioned Contracting Party in accordance with the laws of that Contracting Party, if that individual - either alone or with his or her spouse - or one of their relations by blood or marriage in the direct line directly or indirectly holds at least 5 per cent of the issued capital of a particular class of shares in that company.
Appears in 1 contract
Sources: Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner recipient is a company which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. In the case of Cyprus, however, dividends paid by a company which is a resident of Cyprus to a resident of the Hungarian People's Republic shall be exempt from any tax in Cyprus which may be chargeable on dividends in addition to the tax chargeable on the profits or income of the company.
4. The term "“dividends" ” as used in this Article means income from shares shares, or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that StateState but, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting Statedividends, the tax so charged shall not exceed:
(a) 5 per cent exceed 15% of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such casecases, the provisions of Article 7 or Article 14, as the case may be, dividends shall applybe taxable in that other Contracting State in accordance with its domestic laws.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company company, which is a resident of a Contracting State to a resident of the other Contracting State who is the beneficial owner of such dividends, may be taxed in that other Contracting State.
2. However, such dividends may also be taxed in the Contracting State of in which the company paying the dividends is a resident they arise and according to the laws of that State, but if the beneficial owner tax so charged shall not exceed 3 % (three percent) of the gross amount of such dividends.
2. Notwithstanding the provisions of paragraphs 1 and 3 of this Article dividends is a resident paid to the government of the other Contracting State, the a political subdivision or financial institution thereof shall be exempt from tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the on dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights", mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the taxation laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs paragraph 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated thereinin that other Contracting State, or performs in that other Contracting State independent personal services from a fixed base situated thereinin that other Contracting State, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other Contracting State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other Contracting State who is the beneficial owner of the dividends or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or of a fixed base place situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other Contracting State.
Appears in 1 contract
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 25 per cent of the capital of the company paying the dividends; or;
(b) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
(3. ) The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment treat- ment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
(4. ) The provisions of paragraphs 1 (1) and 2 (2) shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
(5. ) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed the company’s undistri- buted profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State Zambia to a resident of the other Contracting State United Kingdom may be taxed in that other State.
2the United Kingdom. However, such Such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident Zambia and according to the laws law of that StateZambia but, but if provided the beneficial owner of recipient is subject to tax in respect thereof in the dividends is a resident of the other Contracting StateUnited Kingdom, the tax so charged, being tax which is charged in addition to the tax chargeable in respect of the profits of the company, shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner recipient is a company which holds controls directly or indirectly at least 10 25 per cent of the capital of voting power in the company paying the dividends; or;
(b) in all other cases 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paiddividends.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares 2) Dividends paid by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid United Kingdom to a resident of that other State or Zambia may be taxed in Zambia. Such dividends may also be taxed in the United Kingdom and according to the laws of the United Kingdom but, provided the recipient is subject to tax in respect thereof in Zambia, the tax so far as charged, being tax which is charged in addition to the holding tax chargeable in respect of which the profits of the company, shall not exceed:
(a) 5 per cent of the gross amount of the dividends are paid if the recipient is effectively connected with a permanent establishment company which controls directly or a fixed base situated indirectly at least 25 per cent of the voting power in that the company paying the dividends;
(b) in all other Statecases 15 per cent of the gross amount of the dividends.
(3) However, nor subject as long as an individual resident in the company’s undistributed profits United Kingdom is entitled to a tax credit in respect of dividends paid by a company resident in the United Kingdom, the following provisions of this paragraph shall apply instead of the provisions of paragraph
(2) of this Article:
(a) (i) Dividends paid by a company which is a resident of the United Kingdom to a resident of Zambia may be taxed in Zambia on undistributed profits, even if the aggregate of the amount or value of the dividends and the amount of the tax credit (if any) to which he is entitled under sub-paragraph (b) of this paragraph.
(ii) Where a resident of Zambia is entitled to a tax credit in respect of such a dividend under sub-paragraph (b) of this paragraph tax may also be charged in the United Kingdom and according to the laws of the United Kingdom, on the aggregate of the amount or value of that dividend and the amount of that tax credit at a rate not exceeding 15 per cent.
(iii) Except as aforesaid, dividends paid or by a company which is a resident of the undistributed profits consist wholly or partly United Kingdom to a resident of profits or income arising Zambia who is subject to tax in such other StateZambia on them shall be exempt from any tax in the United Kingdom which is chargeable on dividends.
Appears in 1 contract
Sources: Double Taxation Convention
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent 10 percent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent percent of the capital of the company paying the dividends; or
(b) 15 per cent percent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.. FBR, Government of Pakistan
3. The term "dividends" as used in this the Article means income from shares or other rights participating in profits (rights, not being debt-claims)claims participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that Contracting State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 15 per cent of the capital of the company paying the dividends; or;
(b) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the taxation laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, therein or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, a case the provisions of Article 7 or Article 14, as the case may be, shall applydividends are taxable in that other Contracting State according to its own law.
5. Where a company which is a resident of a Contracting State State, derives profits or income from the other Contracting State, State that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State...
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) exceed 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementdividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares, or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other Contracting State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. a) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent exceed 15 percent of the gross amount of the dividends if the beneficial owner is dividends.
b) Nevertheless, when a company which is a resident of a Contracting State directly holds at least 10 per cent 25 percent of the capital stock of a company which is a resident of the other Contracting State, the dividends paid by the latter company paying are exempt from tax in the dividends; orState where the company which distributes them is a resident if the domestic law of that State applicable in such cases so allows and under the conditions established for the exemption by that law.
(c) The provisions of sub-paragraphs a) and b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights income--including that paid in the form of interest--which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company payment is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on an industrial or commercial business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Convention
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementthis limitation. This The paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares any shares, or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if a resident of the other Contracting State is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) except in the case of dividends paid by a non-resident-owned investment corporation that is a resident of Canada, 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds controls directly or indirectly at least 10 per cent of the capital of voting power in the company paying the dividends; or;
(b) 15 per cent percent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and paragraph 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 (Business profits) or Article 1414 (Independent personal services), as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, a tax in addition to the tax which would be chargeable on the earnings of a company which is a national of that State, provided that any additional tax so imposed shall not exceed 5 per cent of the amount of such earnings which have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term "earnings" means the profits, including any gains, attributable to a permanent establishment in a Contracting State in a year and previous years after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits by that State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, State the tax so charged shall not exceed:
(a) 5 exceed 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares shares, "jouissance" shares, or other rights participating in profits (rights, mining shares, founders' shares not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State States of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementlimitations. This The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 15 per cent of the gross amount of the dividends. Notwithstanding the preceding provisions of this paragraph, dividends shall not be taxed in the Contracting State of which the company paying the dividends is a resident if the beneficial owner is of the dividends is:
a) a company which holds is a resident of the other Contracting State and which holds, for an uninterrupted period of at least 12 months, shares representing directly at least 10 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent a pension fund that is a resident of the gross amount other Contracting State, provided that such dividends are not derived from the carrying on of a business by the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementpension fund or through an associated enterprise. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws tax legislation of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the paying company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) except in the case of dividends paid by a non-resident-owned investment corporation that is a resident of Canada, 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds that controls directly or indirectly at least 10 per cent of the capital of voting power in the company paying the dividends; orand
(b) 15 per cent of the gross amount of the dividends dividends, in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementlimitations. This The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the taxation laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case dividends may be, shall applybe taxed in that other Contracting State in accordance with its own internal laws.
5. Where a company which that is a resident of a Contracting State State, derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Nothing in this Convention shall be construed as preventing Canada from imposing on the earnings attributable to the alienation of immovable property situated in Canada by a company carrying on a trade in immovable property or on the earnings of a company attributable to a permanent establishment in Canada, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of Canada, except that any additional tax so imposed shall not exceed 5 per cent of the amount of such earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term "earnings" means the earnings attributable to the alienation of such immovable property situated in Canada as may be taxed by Canada under the provisions of Article 6 or of paragraph 1 of Article 13, and the profits, including any gains, attributable to a permanent establishment in Canada in a year and previous years after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits in Canada.
Appears in 1 contract
Sources: Income Tax Convention
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws law of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent exceed 15% of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation tax treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal professional services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case dividends may be taxed in the provisions of Article 7 or Article 14, as the case may be, shall applyother Contracting State according to its domestic legislation.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 25 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, mining shares, founders’ shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) : 5 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; or
(b) 10 per cent of the gross amount of the dividends if the beneficial owner is a pension scheme; 15 per cent of the gross amount of the dividends in all other cases. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. ) The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights item which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution and income from distributions on certificates of a companyGerman “Investmentvermögen”.
4. ) The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. ) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6) No relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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; or;
(b) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. Notwithstanding the provisions of paragraph 2, dividends paid by a company which is a resident of a Contracting State shall not be taxable in that State if the beneficial owner of the dividends is a company that is a resident of the other Contracting State and that has had, during an uninterrupted period of 12 months preceding the date of payment of the dividends, a direct shareholding of at least 25 per cent of the company paying the dividends. The provisions of this paragraph shall only apply if the distributed dividend is derived from the active conduct of trade or business in the first-mentioned State, other than the business of making or managing investments, unless such business is carried on by a banking or insurance company.
4. The term "“dividends" ” as used in this Article means income from shares or other rights rights, not being debt- claims, participating in profits (not being debt-claims)profits, as well as income from other corporate rights and other payments which is are subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 1, 2 and 2 3 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.the
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits profits, consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State one of the two States to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends pidends may also be taxed in the Contracting State of which the company paying the dividends pidends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed in the aggregate 20 per cent of the gross amount of the dividends if pidends.
3. Notwithstanding the beneficial owner is provisions of paragraph 2 the Netherlands shall not levy a tax on pidends paid by a company which is a resident of that State to company the capital of which is wholly or partly pided into shares and which is a resident of Indonesia and holds directly at least 10 25 per cent of the capital of the company paying the dividends; or
(b) 15 per cent pidends, unless the relationship of the gross amount two companies has been arranged or is maintained primary with the intention of the dividends in all other casessecuring this exemption.
4. The competent authorities of the Contracting two States shall by mutual agreement settle the mode of application of these limitations by mutual agreementparagraph 2 and
5. This paragraph The provisions of paragraphs 2 and 3 shall not affect the taxation of the company in respect of the profits out of which the dividends pidends are paid.
36. The term "dividendspidends" as used in this Article means income from shares, or 'jouissance" shares or "Jouissance" rights, founders' shares or other rights participating in profits (not being debt-claims)profits, as well as income from debt-claims participating in profits and income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
47. The provisions of paragraphs 1 1, 2 and 2 3 shall not apply if the beneficial owner recipient of the dividendspidends, being a resident of a Contracting Stateone of the two States, carries on business has in the other Contracting State State, of which the company paying the dividends pidends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends pidends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
58. Where a company which is a resident of a Contracting State one of the two States derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends pidends paid by the company, except in so far as such dividends company to persons who are paid to a not resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends pidends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State Party to a resident of the other Contracting State Party may be taxed in that other StateParty.
2. However, such dividends may also be taxed in the Contracting State Party of which the company paying the dividends is a resident and according to the laws of that StateParty, but if the beneficial owner of the dividends is a resident of the other Contracting StateParty, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds (other than a partnership) that controls directly or indirectly at least 10 per cent of the capital of voting power in the company paying the dividends; orand
(b) 15 per cent of the gross amount of the dividends dividends, in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State Party of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting StateParty, carries on business in the other Contracting State Party of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, (Business Profits) shall apply.
5. Where a company which is a resident of a Contracting State Party derives profits or income from the other Contracting StateParty, that other State Party may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State Party or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other StateParty, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other StateParty.
6. Nothing in this Agreement shall be construed as preventing a Party from imposing on the earnings of a company attributable to a permanent establishment in that Party, or the earnings attributable to the alienation of immovable property situated in that Party by a company carrying on a trade in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a resident of a Party. Any additional tax so imposed shall not exceed five per cent of the amount of those earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term “earnings” means the earnings attributable to the alienation of such immovable property situated in a Party as may be taxed by that Party under the provisions of Article 6 (Income from Immovable Property) or of paragraph 1 of Article 13 (Capital Gains), and the profits, including any gains, attributable to a permanent establishment in a Party in a year and previous years, after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on those profits in that Party.
7. A resident of a Party shall not be entitled to any benefits provided under this Article in respect of a dividend if one of the main purposes of any person concerned with an assignment or transfer of the dividend, or with the creation, assignment, acquisition or transfer of the shares or other rights in respect of which the dividend is paid, or with the establishment, acquisition or maintenance of the person that is the beneficial owner of the dividend, is for that resident to obtain the benefits of this Article.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, State the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights rights, not being debt- claims, participating in profits (not being debt-claims)profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.the
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist consists wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 (Business profits) or Article 1414 (Independent personal services), as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor .
6. A company which is a resident of a Contracting State and which has a permanent establishment in the other Contracting State may be subject in that other State to tax in addition to the company’s undistributed profits to a tax on undistributed profitsprofits attributable to that permanent establishment. Such tax, even if however, may not exceed 5 per cent of the dividends paid or portion of the undistributed profits consist wholly or partly of profits or income arising the company subject to tax in such the other Contracting State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws law of that State, ; but if where the resident of the other Contracting State is the beneficial owner of the dividends is a resident of the other Contracting Statedividends, the tax so charged shall not exceed:
(a) 5 exceed 18 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This this paragraph shall not affect the taxation of the company in respect of on the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights rights, not being debt- claims, participating in profits (not being debt-claims)profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and paragraph 2 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, a trade or business through a permanent establishment situated thereinestablishment, or performs in that other State independent personal professional services from a fixed base situated thereinbase, and the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 VII or Article 14XIV, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from State, the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, tax in addition to the tax which would be chargeable on the earnings of a company which is a national of that State, provided that any additional tax so imposed shall not exceed 18 per cent of the amount of such earnings which have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term “earnings” means the profits attributable to a permanent establishment in a Contracting State in a year and previous years after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits by that State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which (other than a partnership) which:
(i) holds directly at least 10 25 per cent of the share capital of the company paying the dividendsdividends where that company is a resident of Namibia,
(ii) controls directly or indirectly at least 25 per cent of the voting power in the company paying the dividends where that company is a resident of Canada; orand
(b) 15 per cent of the gross amount of the dividends dividends, in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' sharesor other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the die laws of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent percent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent 12 percent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares shares, or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the die beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Where a company, which is a resident o f a Contracting State having a perm anent establishment in the other Contracting State, derives profits or income from that permanent establishment, any remittances or deemed remittances of such profits or income by the permanent establishment to the company which is a resident of the first-m entioned Contracting State may, notwithstanding any other provisions of the Convention, be taxed in accordance with the law of the other Contracting State, but the rate of tax imposed on such remittance shall not exceed 5 percent.
Appears in 1 contract
Sources: Double Taxation Avoidance Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) exceed 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paidthis limitation.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares, or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 7,5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. The provisions of this Article shall not apply if the right giving rise to the dividend was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends paid by a company which is a resident of a Contracting State may also be taxed in the Contracting that State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 25 per cent of the capital of the company paying the dividendsdividends throughout a 365 day period that includes the day of the payment of the dividend (for the purpose of computing that period, no account shall be taken of changes of ownership that would directly result from a corporate reorganisation, such as a merger or divisive reorganisation, of the company that holds the shares or that pays the dividend); or
or (b) 15 .…. per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementlimitations. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Ataf Model Agreement for the Elimination of Double Taxation
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws law of that State, : but if where the beneficial owner of the dividends is a resident of the other Contracting State, State the tax so charged shall not exceed:
(a) 5 15 per cent of the gross amount of the dividends if the beneficial owner is a company which holds controls directly or indirectly at least 10 25 per cent of the capital of voting power in the company paying the dividends; or:
(b) 15 20 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
(3. ) The term "dividends" as used in this Article means income from shares, jouissance shares or jouissance rights, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item (other than interest relieved from tax under the provisions of Article 11 of this Agreement) which, under the laws law of the Contracting State of which the company paying the dividend is a resident, is treated as a dividend or distribution of a company.
(4. ) Notwithstanding the other provisions of this Agreement, where a company which is a resident of a Contracting State, having a permanent establishment in the other Contracting State, derives profits through that permanent establishment, such profits may be taxed (in addition to the tax which would be chargeable on those profits if they were the profits of a company which was a resident of that other Contracting State) in accordance with the laws of the other Contracting State but the rate of tax so imposed shall not exceed 15 per cent of the amount of the profits.
(5) The provisions of paragraphs 1 (1) and 2 (2) of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or or, in the case of a resident of Turkey, performs in that other State the United Kingdom independent personal services from a fixed base situated thereinin the United Kingdom, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 1414 of this Agreement, as the case may be, shall apply.
5. (6) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, . except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if but:
a. where the dividends are paid by a company resident of Cyprus to a resident of Malta who is the beneficial owner of the dividends is a resident of the other Contracting Statethereof, the Cyprus tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) exceed 15 per cent of the gross amount of the dividends;
b. Where the dividends in all other cases. The competent authorities are paid by a company which is a resident of Malta to a resident of Cyprus who is the beneficial owner thereof Malta tax on the gross amount of the Contracting States dividends shall settle not exceed that chargeable on the mode profits out of application of these limitations by mutual agreementwhich the dividends are paid. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting that State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 (1) and 2 (2) shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, a case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, company except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Tax Treaty
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent exceed 15 % of the gross amount of the dividends. Notwithstanding the provisions of the paragraph above, the Contracting State of which the company paying the dividends if the beneficial owner is a resident shall exempt from tax the dividends paid by that company to a company the capital of which is wholly or partly divided into shares and which is a resident of the other Contracting State, as long as it holds directly at least 10 per cent 25 % of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph These last two paragraphs shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. ) Dividends arising in a Contracting State and paid to a resident of the other Contracting State shall be taxable as follows:
a) As respects Cyprus: Dividends paid by a company which is a resident of a Contracting State Cyprus to a resident of Italy shall be exempt from any tax in Cyprus which is chargeable on dividends in addition to the other Contracting State tax chargeable in respect of the profits or income of the company;
b) As respects Italy: Dividends paid by a company which is a resident of Italy to a resident of Cyprus may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, Italy but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent exceed 15 percent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementthis limitation. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. 2) The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. 3) The provisions of paragraphs paragraph 1 and 2 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall applydividends are taxable in that other Contracting State according to its own law.
5. 4) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Tax Treaty
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of person receiving the dividends is a resident of the other Contracting Statebeneficial owner thereof, the tax so charged shall not exceed:
exceed eighteen (a18) 5 per cent percent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 1414 of this Convention, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the companycompany to residents of the first-mentioned State, except in so far as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits company to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Convention
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
(3. The ) This term "dividends" as used in this Article means dividends or shares including income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), as well as participating in profits, and other income from other corporate rights which is subjected to the same taxation treatment as income from form shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
(4. ) The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
(5. ) Where a company which is a resident of a Contracting State derives profits or income from form the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds that controls directly or indirectly at least 10 per cent of the capital of voting power in the company paying the dividends; orand
(b) 15 per cent of the gross amount of the dividends dividends, in all other cases. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and paragraph 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on or has carried on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs or has performed in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, or the earnings attributable to the alienation of immovable property situated in that State by a company carrying on a trade in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of that State, except that any additional tax so imposed shall not exceed 10 per cent of the amount of such earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term "earnings" means the earnings attributable to the alienation of such immovable property situated in a Contracting State as may be taxed by that State under the provisions of Article 6 or of paragraph 1 of Article 13, and the profits, including any gains, attributable to a permanent establishment in a Contracting State in a year and previous years, after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits in that State.
7. The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State One Side to a resident of the other Contracting State Other Side, may be taxed in that other StateOther Side.
2. However, such dividends may also be taxed in the Contracting State Side of which the company paying the dividends is a resident resident, and according to the laws of that StateSide, but if the beneficial owner of the dividends is a resident of the other Contracting StateOther Side, the tax so charged shall not exceed:
(a1) 5 per cent where the beneficial owner is a company directly owning at least 25% of the capital of the company which pays the dividends, 5% of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or;
(b2) 15 per cent in any other case, 10% of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paiddividends.
3. The term "“dividends" ” as used in this Article means income from shares or other rights rights, not being debt- claims, participating in profits (not being debt-claims)profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by under the laws of the Contracting State Side of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting StateOne Side, carries on business in the other Contracting State Other Side of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such that permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State One Side derives profits or income from the other Contracting StateOther Side, that other State Other Side may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, of the company even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in that Other Side, except insofar as such other Statedividends are paid to a resident of that Other Side or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment situated in that Other Side.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) exceed 5 per cent of the gross amount of the dividends. Notwithstanding the provisions of the sentence above, the Contracting State of which the company paying the dividends if the beneficial owner is a resident shall exempt from tax the dividends paid by that company to a company (other than a partnership) which is a resident of the other Contracting State, as long as it holds directly or indirectly at least 10 per cent 25 percent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected subject to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 of this Article, shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 1414 of this Convention, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other Contracting State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
2. However, such dividends may also be taxed in the Contracting State of in which the company paying the dividends dividend is a resident and according to the laws of that State; but if the recipient is the beneficial owner of the dividend, but the tax so charged shall not exceed 3% (three percent) of the gross amount of the dividend.
3. Notwithstanding the provisions of paragraphs 1 and 2 dividends paid by a company which is a resident of either Contracting State shall not be taxable if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceedis:
(a) 5 per cent the Government of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; orany Contracting State or any governmental institutions or entity thereof;
(b) 15 per cent a company which is a resident of either Contracting State and the gross amount capital of which is owned directly or indirectly (at least 25% twenty five percent) by the dividends in all other casesgovernment or governmental institutions of either Contracting States.
4. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph paragraphs 2 and 3 shall not affect the taxation of the company in respect of the profits out of which the dividends are paidpaid with due consideration to the law for foreign investment.
35. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares of “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
46. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, 15 shall apply.
57. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State one of the States to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws law of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner recipient is a company the capital of which is wholly or partly divided into shares and which holds directly at least 10 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases.
3. The competent authorities provisions of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph 2 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
34. The term "“dividends" ” as used in this Article means income from shares, “jouissance” rights, founders’ shares or other rights participating in profits (not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting Stateone of the States, carries on business has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State one of the States derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting Statedividends, the tax so charged shall not exceed:
(a) 5 five per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds controls, directly or indirectly at least 10 ten per cent of the capital of voting power in the company paying the dividends; or;
(b) 15 fifteen per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. Dividends paid by a company which is a resident of Malaysia to a resident of Mauritius who is the beneficial owner thereof shall be exempt from any tax in Malaysia which is chargeable on dividends in addition to the tax chargeable in respect of the income of the company. Nothing in this paragraph shall affect the provisions of the Malaysian law under which tax in respect of a dividend paid by a company which is a resident of Malaysia from which Malaysian tax has been, or has been deemed to be, deducted may be adjusted by reference to the rate of tax appropriate to the Malaysian year of assessment immediately following that in which the dividend was paid.
4. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 1, 2 and 2 3 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State State, of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives income or profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company to persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of income or profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting Statedividends, the tax so charged shall not exceed:
(a) 5 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds owns at least 10 ten per cent of the capital shares of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, therein or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 7, or Article 1415, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, company except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent except as provided in sub-paragraph b), such dividends shall be exempt from tax in the Contracting State of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; ordividends is a resident;
(b) other than where the beneficial owner of the dividends is a pension scheme, where dividends are paid out of income (including gains) derived directly or indirectly from immovable property within the meaning of Article 6 by an investment vehicle which distributes most of this income annually and whose income from such immovable property is exempted from tax, the tax charged by the Contracting State of which the company paying the dividends is a resident shall not exceed 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementdividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from any other corporate rights item which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
6. No relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends:
(a) shall be exempt from tax in the Contracting State of which the company paying the dividends is a resident if the beneficial owner of the dividends is a company which is a resident of the other Contracting State which controls directly or indirectly at least
(b) except as provided in sub-paragraph (a) of this paragraph, may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that Stateresident, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(ai) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividends and has invested more than 100 000 Euros (or its equivalent in the Georgian currency) in the capital of the company paying the dividends; or.
(bii) 15 10 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares, founders' shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.other
4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, of this Agreement shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting Statedividends, the tax so charged shall not exceed:
(a) 5 38 per cent of the gross amount of the dividends if the beneficial owner company making the distribution is a company which holds at least 10 per cent resident of the capital of the company paying the dividendsGreece; orand
(b) 15 18 per cent of the gross amount of the dividends in all other casesif the company making the distribution is a resident of Denmark. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementlimitations. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 exceed 15 per cent of the gross amount of the dividends.
3. Notwithstanding the provisions of paragraph 2, the Contracting State of which the company is a resident shall exempt from tax dividends paid by that company, if the beneficial owner of the dividends is:
a) a company (other than a partnership) which is a company which resident of the other Contracting State and holds directly at least 10 per cent of the capital of the company paying the dividendsdividends throughout a 365 day period that includes the day of the payment of the dividends (for the purpose of computing that period, no account shall be taken of changes of ownership that would directly result from a corporate reorganisation, such as a merger or divisive reorganisation, of the company that holds the shares or that pays the dividend); or
(b) 15 per cent of the gross amount of the dividends in all other casesa pension fund.
4. The competent authorities of the Contracting States shall may by mutual agreement settle the mode of application of these limitations by mutual agreementparagraphs 2 and 3.
5. This paragraph The provisions of paragraphs 2 and 3 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
36. The term "“dividends" ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
47. The provisions of paragraphs 1 1, 2, 3 and 2 9 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State State, of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
58. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
9. Notwithstanding the provisions of paragraphs 1, 2 and 8, dividends paid by a company, which under the laws of a Contracting State is a resident of that State, to an individual who is a resident of the other Contracting State and who upon ceasing to be a resident of the first-mentioned State is taxed on the appreciation of capital as meant in paragraph 6 of Article 13, may also be taxed in that State in accordance with the laws of that State, but only for a period of ten years after emigration of the individual and insofar as the assessment on the appreciation of capital is still outstanding.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends individuals may be also be taxed in the Contracting State of which the company paying the dividends is a resident resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent 10 percent of the gross amount of the dividends if the beneficial owner is a company which holds owns at least 10 per cent 25 percent of the capital voting stock of the company paying the dividends; or;
(b) 15 per cent percent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and resident. The term “dividends” also includes any other item whichincome from arrangements, including debt obligations, carrying the right to participate in profits, to the extent so characterized under the laws law of the Contracting State of in which the company is a resident, is treated as a dividend or distribution of a companyincome arises.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on or has carried on business in the other Contracting State State, of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs or has performed in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with attributable to such permanent establishment or fixed base. In such case, case the provisions of Article 7 (Business Profits) or Article 1415 (Independent Personal Services), as the case may be, shall apply.
5. Where a company which is a resident of a A Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the companya company which is not a resident of that State, except in so far insofar as such the dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with attributable to a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income Tax Convention
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
(3. The ) This term "“dividends" ” as used in this Article means dividends or shares including income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders' shares or other rights participating in profits (rights, not being debt-claims), as well as participating in profits, and other income from other corporate rights which is subjected to the same taxation treatment as income from form shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
(4. ) The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
(5. ) Where a company which is a resident of a Contracting State derives profits or income from form the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Double Taxation Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to resident, but
a) the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the Thai tax so charged shall not exceed:
(a1) 5 20 per cent of the gross amount of the dividends if the beneficial owner company paying the dividends engages in an industrial undertaking or if the recipient of the dividends is a company which holds is a resident of Italy owning at least 10 per cent 25 percent of the capital voting shares of the company paying the dividends; or;
(b2) 15 per cent of the gross amount of the dividends if the company paying the dividends engages in all other cases. The competent authorities an industrial undertaking and the recipient of the Contracting States shall settle dividends is a company which is a resident of ltaly owning at least 25 per cent of the mode voting shares of application of these limitations by mutual agreement. This paragraph the former company;
b) the ltalian tax shall not affect exceed:
(1) 20 per cent of the taxation gross amount of the dividends sub- paragraph (2) applies:
(2) 15 per cent of the gross amount of the dividends if the recipient of the dividends is a company which is a resident of Thailand owning at least 25 per cent of the voting shares of the company in respect of paying the profits out of which the dividends are paiddividends.
3. The term "dividends" ", as used in this Article means income from shares, "jouisance" shares, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected assimilated to the same taxation treatment as income from shares by the laws taxation law of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner recipient of the dividends, being a resident of a Contracting State, carries on business State has in the other Contracting State State, of which the company paying the dividends is a resident through resident, a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and with which the holding in respect by virtue of which the dividends are paid is effectively connected with such permanent establishment or fixed baseconnected. In such case, a case the provisions of Article 7 or Article 14, as the case may be, shall applydividends are taxable to that other Contracting State according to its own law.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the companycompany to persons who are not residents of the other state, except in so far as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other Statestate.
Appears in 1 contract
Sources: Double Taxation Avoidance Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
2. However, such dividends paid by a company which is a resident of a Contracting State may also be taxed in the that Contracting State of which the company paying the dividends is a resident and according to the laws of that Contracting State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 per cent of the capital of voting power in the company paying the dividends; ordividends throughout a 365 day period that includes the day of payment of the dividend (for the purpose of comput‐ ing that period, no account shall be taken of changes of ownership that would directly result from a corporate reorganisation, such as a merger or divisive reorganisation, of the company that holds the shares or that pays the dividend);
(b) 15 per cent of the gross amount of the dividends in all other cases.
3. The competent authorities Paragraph 2 of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph this Article shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
34. The term "“dividends" ” as used in this Article means income from shares, mining shares, founders’ shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment and other income treated as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
45. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial bene‐ ficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends divi‐ dends is a resident through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
56. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other Contracting State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other Contracting State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other Contracting State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other Contracting State.
Appears in 1 contract
Sources: Double Tax Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, ; the tax so charged shall shall, however, not exceed:
(a) 5 per cent 5% of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 per cent 10% of the capital of the company paying the dividends; ordividends and this holding amounts to at least DEM 160,000 or the same value in rouble;
(b) 15 per cent 15% of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect effect the taxation of the company in respect of the profits out of which the dividends are paid.
32. The term "dividends" as used in this Article means income from shares, including mining shares, "jouissance" shares or "jouissance" rights, founders' shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
43. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, case the provisions of Article 7 or Article 14, as the case may be, shall apply.
54. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Appears in 1 contract
Sources: Income and Capital Tax Treaty
Dividends. (1. ) Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:;
(a) 5 per cent except as provided in sub-paragraph 2 (b) such dividends shall be exempt from tax in the Contracting State of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; ordividends is a resident;
(b) other than where the beneficial owner of the dividends is a pension scheme, where dividends are paid out of income derived directly or indirectly from immovable property within the meaning of Article 6 by an investment vehicle which distributes most of this income annually and whose income from such immovable property is exempted from tax, the tax charged by the Contracting State of which the company paying the dividends is a resident shall not exceed 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreementdividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
(3. ) The term "“dividends" ” as used in this Article means income from shares shares, or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company paying the dividend is a resident, is treated as a dividend or distribution of a company.
(4. ) The provisions of paragraphs 1 (1) and 2 (2) of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, of this Agreement shall apply.
(5. ) Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
(6) The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to obtain a tax advantage under this Article by means of that creation or assignment.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws law of that State, but if the recipient is the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent 15% of the gross amount of the dividends if the beneficial owner is a company (excluding partnership) which holds directly at least 10 25 per cent of the capital of the paying company during the part of the paying company's taxable year which precedes the dividends; ordate of payment of the dividends and during the whole of its prior taxable year, if any.
(b) 15 per cent 25% of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means the income from shares, "jouissance" shares or "jouissance" rights, mining shares, founder's shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on 's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing in accordance with its internal law, apart from the corporate income tax, a tax on remittances of profits by a branch to its head office provided that the tax so imposed shall not exceed 15 per cent of the amount remitted.
Appears in 1 contract
Sources: Double Taxation Avoidance Agreement
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 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 25 per cent of the capital of the company paying the dividends; or;
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations by mutual agreementlimitations. This The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s 's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
6. Where a company which is resident of Luxembourg has a permanent establishment in Indonesia, the profits of that permanent establishment may be subjected to an additional tax in Indonesia in accordance with its laws, but the additional tax so charged shall not exceed 10 per cent of the amount of such profits after deducting therefrom the income tax imposed thereon in Indonesia.
7. The provisions of paragraph 6 of this Article shall not affect the provisions contained in any production sharing contracts and contracts of work (or any other similar contracts) relating to oil and gas sector or other mining sector concluded by the Government of Indonesia, its instrumentality, its relevant state oil and gas company or any other entity thereof with a person who is a resident of Luxembourg.
Appears in 1 contract
Dividends. 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to in accordance with the laws l ws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting othe C ntracting State, the tax so charged shall not exceed:
exceed five per cent (a) 5 per cent cen ) of the gross amount he total value of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall does not affect the taxation of the company Company's tax liabil in respect of the profits out of dividends from which the dividends are paid.
3. The term "dividends" as used in this Article means income from fro shares, "usufruct", or "usufruct" rights, mining shares, founders' shares or other rights participating in profits (ther righ not being representing debt-sharing claims), as well as income from of other corporate p rticipatory rights which is subjected subject to the same taxation tax treatment as income from shares by under the laws regulations of the Contracting State of in which the company making distributes the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a companydividends.
4. The provisions of paragraphs 1 and 2 o this article shall not apply if the beneficial owner of the dividends, being dividends is a resident of a Contracting State, Con racting State and carries on business in the other Contracting State of in which the th company paying the dividends is a resident of, through a permanent establishment situated therein, or performs in estab shment and that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are were paid is effectively connected effectivel connect d with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, Art cle 14 of this Convention shall apply as the case may be, shall apply.
5. Where If a company which is a resident of a Contracting State derives profits or income from the other Contracting othe Con racting State, that other State may not impose any tax on the dividends paid by the company, except in so far as mpany xcept to the extent that such dividends are paid to a resident of that other State St te or to he extent that in so far as which the holding in respect of which the dividends divide d are paid is effectively e ectively connected with a permanent establishment or a fixed base situated ba situate in that other th her State, nor subject the company’s undistributed profits of the Company to a tax on th undistributed profits, profits even if the dividends paid or the undistributed profits consist wholly are who y or partly consist of the profits or income arising in such that other State.
Appears in 1 contract
Sources: Convention to Avoid Double Taxation
Dividends. 1. Dividends paid by derived from a company which is a resident of a Contracting State to by a resident of the other Contracting State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws law of that State, but if where the beneficial owner recipient of the dividends a dividend is a resident of subject to tax thereon in the other Contracting State, State the tax so charged shall not exceed:
(a) 5 exceed 12.5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 per cent of the capital of the company paying the dividends; or
(b) 15 per cent of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
3. The term "dividends" as used in this Article means income from shares or other rights participating in profits (not being debt-claims), as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company is a resident, is treated as a dividend or distribution of a company.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply if where the beneficial owner of or the dividends, being a resident of a one of the Contracting StateStates, carries on business has in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated thereinestablishment, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect by virtue of which the dividends are paid is effectively connected with the business carried on through such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, be shall apply.
54. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far as such dividends company and beneficially owned by persons who are paid to a resident not residents of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor or subject the company’s 's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such that other State.
5. The provisions of this Article shall not apply if in the opinion of the competent authorities, the right giving rise to the dividends was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons.
6. The term "dividends" as used in this Article means income from shares, or any other items (other than interest, relieved from tax under the provisions of Article 11 of this Agreement) which, under the law of the Contracting State of which the company paying the dividends is a resident, is treated as a dividend or distribution of a company. For the purposes of this paragraph, profits distributed by joint companies shall be regarded as dividends.
Appears in 1 contract
Sources: Income Tax Treaty
Dividends. (1. ) Dividends paid by a company which that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
(2. ) However, such dividends may also be taxed in the Contracting State of which the company paying the dividends dividend is a resident and according to the laws of that State, but if the beneficial owner of the dividends is are beneficially owned by a resident of the other Contracting State, the tax so charged shall not exceed:
(a) 5 per cent cent. of the gross amount of the dividends if the beneficial owner is a company which holds that owns directly or indirectly at least 10 20 per cent cent. of the capital voting stock of the company paying the dividends; or;
(b) 15 per cent cent. of the gross amount of the dividends in all other cases. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. This paragraph shall not affect the taxation of the company in respect of the company’s profits out of which the dividends are paid. In the case of Chile, this taxation includes the application of the additional tax.
(3. ) The term "“dividends" ” as used in this Article means income from shares or other rights participating in profits (rights, not being debt-claims), participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the Contracting State of which the company making the distribution is a resident and also includes any other item which, under the laws of the Contracting State of which the company paying the dividend is a resident, is treated as a dividend or distribution of a company.
(4. ) The provisions of paragraphs 1 (1) and 2 (2) of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such case, case the provisions of Article 7 or Article 14, as the case may be, of this Convention shall apply.
(5. ) Where a company which that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except in so far insofar as such dividends are paid to a resident of that other State or in so far insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
(6) The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.
Appears in 1 contract