The OECD Model. Reconsidering the structure and operation of its distributive rules. Kees van Raad
|
|
- Jared Osborne
- 5 years ago
- Views:
Transcription
1 The OECD Model Reconsidering the structure and operation of its distributive rules Kees van Raad OECD is understandably conservative where changes to text of the OECD Model are concerned, but confusing use of the term `enterprise : Art. 5.5: ` acting in the name of an enterprise Art. 7.1: ` enterprise carried on by a resident Art. 7: Profits of an enterprise [3.1.d: carried on by a resident] of a Contracting State shall be only taxable in that State unless the enterprise carries on business : > who carries on what? 1 2 Suggested changes and additions Suggested changes and additions cont d 1. Clarify the nature of the distributive rules: do they operate by permitting (one of the states to tax) or by restricting (one of the states to tax), or does the difference not matter? 2. Take care of the currently unresolved overlaps between the distributive rules of different articles of the OECD Model (and make countries aware that they do not accidentally include overlapping distributive rules in the same treaty article) 3. Avoid the confusing use of the two different words in `shall be taxable only in v. `may be taxed in 4. Some of the distributive rules effectively solve the double taxation where other ones only provide for a first step: make all of them complete instances with a specific nexus in the `source state, to all cases where the other state may want to tax. 6. Art UN Model either is based on a misunderstanding of the scope of Art OECD as this provision was changed/clarified in 1977, or amounts to an uncontrolled expansion of the taxing rights of the `other state 3 4
2 1. Nature of the distributive rules: permitting or restricting? OECD Comm. Introduction: Sec. 19: ` Articles 6 to 21 determine, with regard to different classes of income, the respective rights to tax of the State of source or situs and of the State of residence. `[In respect of some] items of income and capital, an exclusive right to tax is conferred on one of the Contracting States. The other Contracting State is thereby prevented from taxing. Sec. 25.1: ` the words may be taxed in a Contracting State mean that that State is granted the right to tax the income to which the relevant provision applies and that these words do not affect the right to tax of the other Contracting State Nature of the distributive rules: permitting or restricting? cont d Relevance of distinction, e.g. > Confusion/mistakes in interpretation NL Supreme Court, 28 February 2001, nr Art of the 1993 NL-Mexico treaty: Royalties arising in one of the States and paid to a resident of the other State may be taxed in that other State if such resident is the beneficial owner of the royalties > Simultaneous application of two treaty rules (e.g., triangular case with payment to a dual-resident company) > What if a treaty is incomplete (e.g., missing Other Income article, incomplete Capital Gains article): 6 2. Current unresolved overlaps between distributive rules E.g., Art.s 17 ( sportspersons) and 18 (Pensions): pension of a German soccer player that moved his residence to Spain: Art. 18: exclusively taxable in the residence state: Spain Art. 17: may be taxed in the state of activity: Germany 2. Current unresolved overlaps between distributive rules cont d or even within the same article [but no blame on OECD] : Art. 13 (Capital gains) of the 1993 NL-Mexico treaty 1. [cf Art OECD] Gains derived by a resident of one of the States [NL] from the alienation of shares in a company which is a resident of the other State [M] and the value of which shares is derived principally from immovable property situated in that other State [M], may be taxed in that other State [M]. 4. [from UN Model] Gains derived from the alienation of shares in a company which is a resident of one State [M] may be taxed in such State. However, the tax so charged shall not exceed 10% of the taxable gains. NL resident sells shares in a Mexican resident company that owns immovable property in Mexico: capital gain is covered by BOTH para. 1 and para. 4 para. 1: share gains based on real property may be taxed in M without restriction para. 4: share gains may be taxed in M with a maximum tax of 10% of the gain Effect on treaty application by source state (G) and residence state (Sp) 7 >> Effect on taxation by M (2 restrictions?) and NL (2x double taxation relief?) 8
3 3. `may be taxed v. `shall be taxable only Cf. the French (= original) version `may be taxed in = `sont imposable dans `shall be taxable only in = `ne sont imposable que dans >> Anything wrong with replacing `shall be taxable only in by : `may be taxed only in? 9 4. Transparency of the distributive rules: >> Some of the distributive rules effectively solve the double taxation where other ones only provide for a first step: make all of them complete Complete solution of double tax: Art. 18: Subject to, pensions paid to a resident of a CS shall be taxable only in that State. >> i.e. pensions may NOT be taxed in the OCS (on the basis of whatever nexus): double taxation solved Only beginning of solution of double tax: Art. 6: from immovable property situated in the OCS may be taxed in that other State. >> Remember: OECD Comm, Introduction, Sec. 25.1: ` the words may be taxed in a Contracting State mean that that State is granted the right to tax the income to which the relevant provision applies and that these words do not affect the right to tax of the other Contracting State Transparency of the distributive rules cont d >> Some of the distributive rules effectively solve the double taxation where other ones only provide for a first step: make all of them complete >> In other words: under Art. 6 the recipient s residence state is not restricted from taxing as well. Solution of the double taxation is in non-mentioned Art. 23 [A and B] : 1. Where a resident of a Contracting State derives income which, in accordance with the provisions of this Convention, may be taxed in the other Contracting State, the first-mentioned [residence] State shall [provide exemption / credit] Therefore: Art. 6: Where income is derived by a resident of a CS from immovable property situated in the OCS such income may be taxed in that other State, and the first-mentioned State shall provide relief in accordance with Art >> NL resident owns an apartment in Munich that he rents out to a US professor. We assume that under US domestic tax law a nonresident person who receives a rental payment from a US resident, is subject to US tax in respect of that payment Source country taxation by: Germany and US Residence country taxation by: Netherlands NL-G: art. 6: income derived by NL resident from immov prop situated in G: G may tax NL-US: art. 6: income derived by NL resident from immov prop situated in? US 12
4 List of the distributive articles : 6 income from immovable property 7 business profits 8 (income from) shipping, inland waterways transport and air transport 10 dividends 11 interest 12 royalties 13 capital gains 15 income from employment 16 directors fees 17 (income of) artistes and sportsmen 18 pensions 19 (income from) government service 20 (foreign support payments of) students 21 other income We should have checked which article(s) could be applicable before trying to apply Art. 6. >> Art.s 7 (Business profits) and otherwise Art. 21 (Other income) 13 Art The profits of an enterprise [carried on by a resident] of a Contracting State shall be taxable only in that State (unless through PE in OCS) Art Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. >> under either rule: US may not tax 14 The use of Art.s 7 and 21 for allocating the taxing right in respect of immovable property income is a complicated way of denying a taxing right to a source state that applies a nexus for taxing immovable property income that is considered inadequate under the OECD Model. And apparently such a complicated way that also OECD Commentary gets confused; see: Sec. 1 of the OECD Comm on Art. 6: ` Article 6 deals only with income which a resident of a Contracting State derives from immovable property situated in the other Contracting State. It does not, therefore, apply to income from immovable property situated in the Contracting State of which the recipient is a resident or situated in a third State; the provisions of paragraph 1 of Article 21 shall apply to such income. Also other articles could be applicable (instead of Art. 21), notably Art. 7 (but in particular circumstances also articles, e.g., Art. 15) 15 Why does not Art. 6 take care of this? Current Art. 6: from immovable property situated in the OCS may be taxed in that other State. If no restriction as to the nexus employed by the other state: from immovable property [wherever located] shall be taxable only in that State, >> unless the property is situated in the OCS. If the property is situated in that other State, the income may be taxed in that other State. Earlier discussed update >> 16
5 Earlier discussed update > from immovable property [wherever located] may be taxed only in that State, >> unless the property is situated in the OCS. If the property is situated in that other State, the income may be taxed in that other State. and the first-mentioned CS shall provide relief in accordance with Art Surprisingly, in a series of articles the distributive rule has a restricted reach similar to Art. 6: Art. 10: dividends: applies only where the other state wants to tax on basis of: >> residence of the dividend distributing company Art. 11: interest: applies only where the other state wants to tax on basis of: >> interest `arising in the other state: payor s residence or borne by local PE Art. 12: royalties: applies only where the other state wants to tax on basis of: >> royalties `arising Art. 16: directors fees: >> company is a resident of the other state Art. 17: entertainers and sportspersons: >> personal activities as such exercised in the other state One consequence of the current `specific nexus scope of various distributive rules: the dual function of Art OECD Model and the undesirable addition of Art UN Model Art OECD: Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State OECD Comm: `The income concerned is not only income of a class not expressly dealt with but also income from sources not expressly mentioned. >> `arising : not defined: does not matter: wherever the income arises, the OCS may not tax Now look at art UN: 3. Notwithstanding the provisions of paragraph 1, items of income of a resident of a Contracting State not dealt with in the foregoing Articles of this Convention and arising in the other Contracting State may also be 19 taxed in that other State.
An Analysis of Article 21 of the OECD Model Convention. Alexander Bosman
Other Income under Tax Treaties An Analysis of Article 21 of the OECD Model Convention Alexander Bosman Wolters Kluwer Preface and Acknowledgments List of Abbreviations List of Figures xxi xxiii xxv PART
More informationOverview. Preserving domestic law restrictions on the deduction of rent or royalties. Introduction
Overview Negotiation of tax treaties to prevent base erosion with respect to rent and royalties (I) Wednesday, 8 November 2017 (Session 3) Capacity Building Unit Financing for Development Office Department
More informationTAXATION OF NON RESIDENT SERVICE PROVIDERS
TAXATION OF NON RESIDENT SERVICE PROVIDERS Capacity Building on Tax Treaty Administration New York, 30 31 May 2013 Ariane Pickering Source taxation under UN Model Articles 5 & 7 Business Profits Profits
More informationNote from the Coordinator of the Subcommittee on Tax Treatment of Services: Draft Article and Commentary on Technical Services.
Distr.: General 30 September 2014 Original: English Committee of Experts on International Cooperation in Tax Matters Tenth Session Geneva, 27-31 October 2014 Agenda Item 3 (a) (x) (b)* Taxation of Services
More informationOverview. Provisions of the UN / OECD Models dealing with the taxation of rent/royalties. Art. 6
Overview Analysis of the treatment of rent and royalty payments under the provisions of tax treaties Tuesday, 7 November 2017 (Session 2) Provisions of the UN and OECD Models dealing with the taxation
More informationEU and International Tax Law
EU and International Tax Law Article 13 OECD MTC (Capital Gains) Feb 25, 2015 Roberto Scalia Ph.D. Article 13 MTC ARTICLE 13 Capital Gains ( ) (*) 2. Gains from the alienation of movable property forming
More informationAnalysis: China Singapore Income Treaty Type of treaty: Income tax Based on the OECD Model Treaty Signed: July 11, 2007 Entry into force: September
Analysis: China Singapore Income Treaty Type of treaty: Income tax Based on the OECD Model Treaty Signed: July 11, 2007 Entry into force: September 18, 2007 Effective date: In the P.R.C., from January
More informationOECD Model Tax Convention on Income and Capital An overview. CA Vishal Palwe, 3 July 2015
OECD Model Tax Convention on Income and Capital An overview CA Vishal Palwe, 3 July 2015 1 Contents Overview of double taxation 3 Basics of tax treaty 6 Domestic law and tax treaty 11 Key provisions of
More informationAnalysis: Denmark Singapore Income Treaty Signed: Entry into force: Effective date:
Analysis: Denmark Singapore Income Treaty Type of treaty: Income Based on the OECD Model Treaty Signed: July 3, 2000 Entry into force: December 21, 2000 Effective date: In Denmark, from income year 2001;
More informationIntroduction to the Law of Double Taxation Conventions 2nd edition
Introduction to the Law of Double Taxation Conventions 2nd edition Why this book? Cross-border activities or transactions may trigger tax liability in two or more jurisdictions. In order to mitigate the
More informationNote Provided by the Coordinator of the Working Group on General Issues in the Review of Commentaries
United Nations E/C.18/2009/CRP.5 Distr.: General 14 October 2009 Original: English Committee of Experts on International Cooperation in Tax Matters Fifth Session Geneva, 19-23 October 2009 Item 6 (j) of
More informationU.K./Netherlands Tax Alert
International Tax U.K./Netherlands Tax Alert 3 October 2008 New Tax Treaty Signed The U.K. and the Netherlands signed a new tax treaty and protocol on 26 September 2008 that will replace the current treaty,
More informationMalta - UK IFSP. Conrad Cassar Torregiani Leader International Tax Deloitte. John Ellul Sullivan Manager KPMG
Malta - UK Conrad Cassar Torregiani Leader International Tax Deloitte John Ellul Sullivan Manager KPMG Malta United Kingdom Double Tax Treaty 15 March 2012 1 Fact and Figures Malta United Kingdom Double
More informationIntroduction This presentation covers international tax judicial developments (outside India). 2 Categories: Business Profits (Art.7) PE (Art.5) Resident and dual residence (Art.4) Treaty Entitlement (Art.1)
More informationDouble tax agreements
RELEVANT TO ACCA QUALIFICATION PAPER P6 (MYS) Double tax agreements Double tax agreements, double tax treaties or, in short, DTAs represent a complex area in the field of international tax. Therefore this
More informationThe structure and system of DTCs
6. The structure and system of DTCs The structure and system of DTCs 6.1. Applying the convention 156 The structures and systems of all DTCs show similarities. Tax treaties usually contain rules relating
More informationArticle 23 A and 23 B of the UN Model Conflicts of qualification and interpretation
Distr.: General 30 September 2014 Original: English Committee of Experts on International Cooperation in Tax Matters Tenth Session Geneva, 27-31 October 2014 Agenda Item 3 (a) (viii)* Article 23 Article
More informationDOUBLE TAX TREATIES: COMPANIES ICAZ TAX SEMINAR. Presented by M. NGORIMA 22 February 2018
DOUBLE TAX TREATIES: COMPANIES ICAZ TAX SEMINAR Presented by M. NGORIMA 22 February 2018 DISCUSSION POINTS 1. What are double tax treaties? 2. Model Treaties 3. OECD Model Treaty Basic template 4. Model
More informationLibero Istituto Universitario Carlo Cattaneo
Libero Istituto Universitario Carlo Cattaneo International Tax Law a.a. 2017/2018 Articles from 15 to 20 of the OECD Model Tax Convention Prof. Marco Cerrato Article 15 Income from employment 2 Article
More informationPoland. Chapter I. Scope of the Convention. Chapter II. Definitions
Poland Convention between the Kingdom of the Netherlands and the Republic of Poland for the avoidance of double taxation with respect to taxes on income and capital Done at Warsaw, on 13 February 2002
More informationEXPLANATORY MEMORANDUM ON THE DOUBLE TAXATION CONVENTION BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF MOZAMBIQUE
EXPLANATORY MEMORANDUM ON THE DOUBLE TAXATION CONVENTION BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF MOZAMBIQUE It is the practice in most countries for income tax to be imposed both on the
More informationBEPS ACTION 2: NEUTRALISE THE EFFECTS OF HYBRID MISMATCH ARRANGEMENTS
Public Discussion Draft BEPS ACTION 2: NEUTRALISE THE EFFECTS OF HYBRID MISMATCH ARRANGEMENTS (Treaty Issues) 19 March 2014 2 May 2014 Comments on this note should be sent electronically (in Word format)
More informationTHE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES INTERNATIONAL TAX AGREEMENTS AMENDMENT BILL 2016 EXPLANATORY MEMORANDUM
2016 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES INTERNATIONAL TAX AGREEMENTS AMENDMENT BILL 2016 EXPLANATORY MEMORANDUM (Circulated by authority of the Treasurer, the Hon
More informationAgreement. Between THE KINGDOM OF SPAIN and THE GOVERNMENT OF THE REPUBLIC OF ALBANIA
Agreement Between THE KINGDOM OF SPAIN and THE GOVERNMENT OF THE REPUBLIC OF ALBANIA for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. The Kingdom
More informationArticle 17 of the OECD Model Tax Convention
1 ARTICLE 17 ENTERTAINERS AND SPORTSPERSONS 1. Notwithstanding the provisions of Article 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio
More informationSA/Mauritius DTA changes & challenges. Celia Becker 26 & 27 March 2015
SA/Mauritius DTA changes & challenges Celia Becker 26 & 27 March 2015 content background changes & challenges conclusion effective date questions and discussion background background current SA / Mauritius
More informationSeminar on NRI Taxation
Seminar on NRI Taxation Section 9(1) and Treaty Provisions PP Anand April 2017 Income deemed to accrue or arise in India [Section 9] Income deemed to accrue or arise in India Section 9 Following categories
More informationBeneficial ownership under tax treaties
Introduction Beneficial ownership under tax treaties Art. 10, 11 & 12 OECD Model : Kees van Raad Professor of Law, University of Leiden Chairman International Tax Center Leiden Of counsel, Loyens & Loeff
More informationUK/NETHERLANDS DOUBLE TAXATION CONVENTION AND PROTOCOL SIGNED IN LONDON ON 26 SEPTEMBER 2008
UK/NETHERLANDS DOUBLE TAXATION CONVENTION AND PROTOCOL SIGNED IN LONDON ON 26 SEPTEMBER 2008 This Convention and Protocol have not yet entered into force. This will happen when both countries have completed
More informationCOMMENTARY ON THE ARTICLES OF THE ATAF MODEL TAX AGREEMENT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO
COMMENTARY ON THE ARTICLES OF THE ATAF MODEL TAX AGREEMENT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME 2 OVERVIEW The ATAF Model Tax Agreement
More informationGENERAL EFFECTIVE DATE UNDER ARTICLE 28: 1 DECEMBER 1983 TABLE OF ARTICLES
UNITED STATES TREASURY DEPARTMENT TECHNICAL EXPLANATION OF THE CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF AUSTRALIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND
More informationATAF MODEL TAX AGREEMENT. for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
for the avoidance of double taxation and the prevention of An ATAF Publication Copyright notice Copyright subsisting in this publication and in every part thereof. This publication or any part thereof
More informationCONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS
CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON
More informationIBFD Course Programme Principles of International Taxation
IBFD Course Programme Principles of International Taxation Need a good base to start your career in international tax? This course will provide the essential knowledge you need and give you the confidence
More information2017 UPDATE TO THE OECD MODEL TAX CONVENTION. 2 November 7
2017 UPDATE TO THE OECD MODEL TAX CONVENTION 2 November 7 21 November 2017 THE 2017 UPDATE TO THE OECD MODEL TAX CONVENTION This note includes the contents of the 2017 update to the OECD Model Tax Convention
More informationTECHNICAL EXPLANATION OF THE UNITED STATES-JAPAN INCOME TAX CONVENTION GENERAL EFFECTIVE DATE UNDER ARTICLE 28: 1 JANUARY 1973 TABLE OF ARTICLES
TECHNICAL EXPLANATION OF THE UNITED STATES-JAPAN INCOME TAX CONVENTION GENERAL EFFECTIVE DATE UNDER ARTICLE 28: 1 JANUARY 1973 It is the practice of the Treasury Department to prepare for the use of the
More informationPrinciples of International Taxation
Overview and Learning Objectives This tax course is designed to provide participants with the essentials of international taxation. The first three days are dedicated to the fundamental concepts relevant
More informationRedefining the Relation Between Articles 6, 7 and 21 of the OECD Model
ARTICLE Redefining the Relation Between Articles 6, 7 and 21 of the OECD Model Alexander Bosman * The relation between the Articles 6, 7 and 21 of the OECD Model Tax Convention (OECD Model), and in particular
More informationARTICLE 1 PERSONS COVERED
CONVENTION BETWEEN JAPAN AND THE KINGDOM OF DENMARK FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX EVASION AND AVOIDANCE Japan and the Kingdom of Denmark,
More informationOverview. Application of Art. 6 and 7 UN Model in the case of mining and oil/gas extraction. Definition of immovable property Art.
Overview Extractive Industries Taxation Issues Related to Tax Treaties Friday, 10 November 2017 (Session 2 Extractive Industries Taxation) Application of Art. 6 and 7 in the case of mining and oil / gas
More informationCONVENTION. between THE GOVERNMENT OF BARBADOS. and THE GOVERNMENT OF THE REPUBLIC OF GHANA
CONVENTION between THE GOVERNMENT OF BARBADOS and THE GOVERNMENT OF THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON
More informationHow to read Tax Treaties Salient features of select Indian DTAA. Arpit Jain Chartered Accountant
How to read Tax Treaties Salient features of select Indian DTAA Arpit Jain Chartered Accountant Introduction Salient Features India has signed more than 90 DTAAs till date India does not have Model DTAA
More informationAGREEMENT BETWEEN THE REPUBLIC OF AUSTRIA AND THE REPUBLIC OF POLAND FOR THE AVOIDANCE OF DOUBLE TAXATION
BGBl. III - Ausgegeben am 4. Februar 2005 - Nr. 12 1 von 33 AGREEMENT BETWEEN THE REPUBLIC OF AUSTRIA AND THE REPUBLIC OF POLAND FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND
More information1993 Income and Capital Gains Tax Convention
1993 Income and Capital Gains Tax Convention Treaty Partners: Ghana; United Kingdom Signed: January 20, 1993 In Force: August 10, 1994 Effective: In Ghana, from January 1, 1995. In the U.K.: income tax
More informationTHE 2008 UPDATE TO THE OECD MODEL TAX CONVENTION 18 July 2008
ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT THE 2008 UPDATE TO THE OECD MODEL TAX CONVENTION 18 July 2008 CENTRE FOR TAX POLICY AND ADMINISTRATION THE 2008 UPDATE TO THE MODEL TAX CONVENTION
More informationTriangular Cases in application of Tax Treaties. Arpit Jain Chartered Accountant
Triangular Cases in application of Tax Treaties Arpit Jain Chartered Accountant Cases Case Study 1 In which country is interest taxable? State R GE Income: 300 PE Income: 200 State P State S Interest:
More informationCONVENTION. Article 1 PERSONS COVERED. This Convention shall apply to persons who are residents of one or both of the Contracting States.
CONVENTION BETWEEN THE KINGDOM OF SPAIN AND THE REPUBLIC OF ARMENIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Kingdom
More informationTHE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF ISRAEL;
Convention between the Government of Canada and the Government of the State of Israel for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income THE GOVERNMENT
More informationBGBl. III - Ausgegeben am 2. März Nr von 22
BGBl. III - Ausgegeben am 2. März 2011 - Nr. 30 1 von 22 CONVENTION BETWEEN THE REPUBLIC OF AUSTRIA AND THE REPUBLIC OF BULGARIA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND
More informationCONVENTION BETWEEN JAPAN AND THE KINGDOM OF DENMARK FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX
CONVENTION BETWEEN JAPAN AND THE KINGDOM OF DENMARK FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX EVASION AND AVOIDANCE CONVENTION BETWEEN JAPAN AND THE
More informationDesiring to further develop their economic relationship and to enhance their cooperation in tax matters,
CONVENTION BETWEEN JAPAN AND THE REPUBLIC OF CHILE FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX EVASION AND AVOIDANCE Japan and the Republic of Chile,
More informationCONVENTION BETWEEN THE KINGDOM OF SPAIN AND THE REPUBLIC OF UZBEKISTAN FOR THE AVOIDANCE OF DOUBLE TAXATION
CONVENTION BETWEEN THE KINGDOM OF SPAIN AND THE REPUBLIC OF UZBEKISTAN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Kingdom
More informationTerritorial Scope General Definitions Permanent Establishment
CONVENTION BETWEEN THE PEOPLE'S REPUBLIC OF BULGARIA AND THE KINGDOM OF BELGIUM FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL Prom. SG. 36/30 Apr 1993 The People's
More informationTax Brief. 27 November Novelties in New Zealand Treaty. Fiscally transparent entities
Tax Brief 27 November 2009 Novelties in New Zealand Treaty International Tax Agreements Amendment Bill (No 2) 2009 was introduced into Parliament on 25 November 2009 to give effect to the new tax treaty
More informationA G R E E M E N T BETWEEN THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA AND THE SWISS FEDERAL COUNCIL
A G R E E M E N T BETWEEN THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA AND THE SWISS FEDERAL COUNCIL FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Government of the
More information2005 Income and Capital Gains Tax Convention and Notes
2005 Income and Capital Gains Tax Convention and Notes Treaty Partners: Botswana; United Kingdom Signed: September 9, 2005 In Force: September 4, 2006 Effective: In Botswana, from July 1, 2007. In the
More informationUNITED STATES MODEL INCOME TAX CONVENTION OF NOVEMBER 15, 2006
UNITED STATES MODEL INCOME TAX CONVENTION OF NOVEMBER 15, 2006 CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF ------- FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE
More informationDesiring to further develop their economic relationship and to enhance their co-operation in tax matters,
CONVENTION BETWEEN JAPAN AND ICELAND FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX EVASION AND AVOIDANCE Japan and Iceland, Desiring to further develop
More informationDesiring to further develop their economic relationship and to enhance their co-operation in tax matters,
CONVENTION BETWEEN JAPAN AND THE REPUBLIC OF SLOVENIA FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX EVASION AND AVOIDANCE Japan and the Republic of Slovenia,
More informationReport of the Finance and Expenditure Committee
International treaty examination of taxation agreements with the Republic of South Africa, the United Arab Emirates, the Republic of Chile, the United Kingdom of Great Britain and Northern Ireland, the
More informationAGREEMENT OF 22 ND MARCH, The Netherlands. This Agreement shall apply to persons who are residents of one or both of the Contracting Parties.
AGREEMENT OF 22 ND MARCH, 2010 The Netherlands Chapter I Scope of the Agreement Article 1 Persons Covered This Agreement shall apply to persons who are residents of one or both of the Contracting Parties.
More informationC O N V E N T I O N BETWEEN THE SWISS FEDERAL COUNCIL AND THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA
C O N V E N T I O N BETWEEN THE SWISS FEDERAL COUNCIL AND THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL AND THE PREVENTION
More informationEU Anti-Tax Avoidance Directive 2: hybrid mismatches with third countries
EU Anti-Tax Avoidance Directive 2: hybrid mismatches with third countries On February 21, 2017 the EU Member States reached agreement on a Directive that will amend the Anti-Tax Avoidance Directive (Council
More informationNOTIFICATION NO.35/2014 [F.NO.503/11/2005 FTD II], DATED
SECTION 90 OF THE INCOME TAX ACT, 1961 DOUBLE TAXATION AGREEMENT AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH FOREIGN COUNTRIES FIJI NOTIFICATION NO.35/2014 [F.NO.503/11/2005
More informationTax Treaties I. Mag. Vanessa E. Englmair, LL.M. Univ.-Prof. DDr. Georg Kofler, LL.M.
Mag. Vanessa E. Englmair, LL.M. Univ.-Prof. DDr. Georg Kofler, LL.M. Tax Treaties I Internationales Steuerrecht Do, 2 Dezember 2010, 15:30 18:45 Uhr Fr, 3 Dezember 2010, 15:30 18:45 Uhr 1 Overview Structure
More informationCONVENTION BETWEEN IRELAND AND THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES
CONVENTION BETWEEN IRELAND AND THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND CAPITAL GAINS The Government of Ireland
More informationIFA Colombia V CONGRESO COLOMBIANO DE TRIBUTACIÓN INTERNACIONAL November 2016
IFA Colombia V CONGRESO COLOMBIANO DE TRIBUTACIÓN INTERNACIONAL 16-17 November 2016 Kees van Raad Professor of Law, University of Leiden Chairman International Tax Center Leiden Of counsel, Loyens & Loeff
More informationIBFD Course Programme International Tax Aspects of Permanent Establishments
IBFD Course Programme International Tax Aspects of Permanent Establishments Overview and Learning Objectives This tax course is designed to provide participants with an in-depth analysis of the concept
More informationConvention. between. New Zealand and Japan. for the. Avoidance of Double Taxation. and the Prevention of Fiscal Evasion
Convention between New Zealand and Japan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income New Zealand and Japan, Desiring to conclude a new Convention
More informationThe New United States Model Income Tax Convention
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2007 The New United States Model Income Tax Convention Reuven S. Avi-Yonah University
More informationArticle 1 Persons Covered. Article 2 Taxes Covered
CONVENTION BETWEEN THE REPUBLIC OF PANAMA AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON
More informationPrinciples of International Taxation
Overview and Learning Objectives This course is designed to provide participants with the essentials of international taxation. The first three days are dedicated to the fundamental concepts relevant to
More informationIntroduction to Tax Treaties and its application
Introduction to Tax Treaties and its application Western India Regional Council ICAI Rajesh Patil 5 October 2013 Overview Every nation has a right to tax its residents/nationals on their global income
More informationUnited Nations Practical Portfolio. Protecting the Tax Base. of Developing Countries against Base Erosion: Income from Services.
United Nations Practical Portfolio Protecting the Tax Base of Developing Countries against Base Erosion: Income from Services asdf United Nations New York, 2017 Copyright January 2017 United Nations All
More informationNon-Discrimination under International Tax Law. Harshal Bhuta M.Com., F.C.A., A.D.I.T., LL.M. (Hons.) in International Tax Law [WU (Vienna)]
Non-Discrimination under International Tax Law Harshal Bhuta M.Com., F.C.A., A.D.I.T., LL.M. (Hons.) in International Tax Law [WU (Vienna)] Introduction: Prof. Kees Van Raad - An incoherent collection
More informationGOVERNMENT NOTICE SOUTH AFRICAN REVENUE SERVICE INCOME TAX ACT, 1962
GOVERNMENT NOTICE SOUTH AFRICAN REVENUE SERVICE No. 391 18 May 2007 INCOME TAX ACT, 1962 CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE REPUBLIC OF GHANA FOR
More informationDouble Taxation. Conventions / Agreements. 25 May 2005
Double Taxation Conventions / Agreements 25 May 2005 Purpose of Agreements To remove barriers to cross-border trade and investment How treaties remove tax barriers Elimination of double taxation Certainty
More informationCyprus Portugal Tax Treaties
Cyprus Portugal Tax Treaties AGREEMENT OF 19 TH NOVEMBER, 2012 This is a Convention between the Republic of Cyprus and the Portuguese Republic for the avoidance of double taxation and the prevention of
More informationPROTOCOL. Have agreed as follows:
PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND
More informationNew Protocol to Modernize 1990 US-Spain Income Tax Treaty
INFORMES USA Nº7. Septiembre, 2013 New Protocol to Modernize 1990 US-Spain Income Tax Treaty Alexander N. Wright 1 Introduction The existing income tax treaty between the United States and Spain dates
More informationSouth Africa Sudan Double Taxation Agreement
South Africa Sudan Double Taxation Agreement Introduction Closely follows the OECD Model Convention, which forms the foundation for the vast majority of Double Taxation Agreements (DTA s) worldwide A number
More informationThe Government of the Republic of Estonia and the Government of the United Kingdom of Great Britain and Northern Ireland;
CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ESTONIA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL
More informationTREATY SERIES 2015 Nº 16
TREATY SERIES 2015 Nº 16 Convention between Ireland and the Republic of Zambia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains
More informationUnited Kingdom. Done at The Hague, on 7 November 1980
United Kingdom Convention between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Kingdom of the Netherlands for the avoidance of double taxation and
More informationDesiring to further develop their economic relationship and to enhance their co-operation in tax matters,
CONVENTION BETWEEN JAPAN AND THE REPUBLIC OF AUSTRIA FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX EVASION AND AVOIDANCE Japan and the Republic of Austria,
More informationhave agreed as follows:
CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF THE KINGDOM OF SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES
More informationDefinition of international double taxation
Definition of international double taxation Juridical double taxation: imposition of comparable taxes in two (or more) States on the same taxpayer in respect of the same subject matter and for identical
More informationProm. SG. 98/27 Dec 1988
CONVENTION BETWEEN THE FEDERAL REPUBLIC OF GERMANY AND THE PEOPLE'S REPUBLIC OF BULGARIA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND CAPITAL Prom. SG. 98/27 Dec 1988 The Government
More informationSubcommittee on Article 8: International Transportation Issues. Recommendation of the Subcommittee on possible changes to the Commentary on Article 8
Subcommittee on Article 8: International Transportation Issues Recommendation of the Subcommittee on possible changes to the Commentary on Article 8 Article 8 Subcommittee Terms of Reference The Subcommittee
More informationCHAPTER I SCOPE OF THE CONVENTION. Article 1 PERSONS COVERED
CONVENTION BETWEEN THE ISLAMIC REPUBLIC OF PAKISTAN AND THE KINGDOM OF SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME The Kingdom of Spain
More informationIFA Congress 2012 Boston Subject 1: Enterprise Services
Subject 1: Claudine Devillet Xavier Van Vlem 1 Introduction Purpose of the Report Consider the policy and practical aspects of how jurisdictions apply their income tax rules to the provision of services
More informationThe Swiss Federal Council and the Government of the Hong Kong Special Administrative Region of the People s Republic of China,
AGREEMENT BETWEEN THE SWISS FEDERAL COUNCIL AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE S REPUBLIC OF CHINA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES
More informationKenya Gazette Supplement No th July, (Legislative Supplement No. 57)
SPECIAL ISSUE 1769 Kenya Gazette Supplement No. 115 28th July, 2017 LEGAL NOTICE NO. 147 (Legislative Supplement No. 57) THE INCOME TAX ACT (Cap. 470) AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
More informationIreland - Zambia Income
Ireland - Zambia Income Convention Signatories: Ireland, Zambia Citations: Signed: March 31 st, 2015 In Force: December 23 rd, 2015 Effective: January 1 st, 2016 Status: In Force Tax Analysts classification:
More informationUK/IRELAND INCOME AND CAPITAL GAINS TAX CONVENTION Signed June 2, Entered into force 23 December 1976
UK/IRELAND INCOME AND CAPITAL GAINS TAX CONVENTION Signed June 2, 1976 Entered into force 23 December 1976 Effective in the UK for: i) Income Tax (other than Income Tax on salaries, wages, remuneration
More informationTHE INCOME TAX ACT. Regulations made by the Minister under section 76 of the Income Tax Act
Government Notice No. 9 of 2004 THE INCOME TAX ACT Regulations made by the Minister under section 76 of the Income Tax Act 1. These regulations may be cited as the Double Taxation Convention (Republic
More informationTHE UNITED MEXICAN STATES and MALTA,
CONVENTION BETWEEN THE UNITED MEXICAN STATES AND MALTA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME THE UNITED MEXICAN STATES and MALTA, DESIRING
More informationGENERAL EFFECTIVE DATE UNDER ARTICLE 28: 1 JANUARY 1975 TABLE OF ARTICLES
TECHNICAL EXPLANATION OF THE CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE AVOIDANCE OF DOUBLE
More informationC O N V E N T I O N BETWEEN THE STATE OF KUWAIT AND THE KINGDOM OF SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION
C O N V E N T I O N BETWEEN THE STATE OF KUWAIT AND THE KINGDOM OF SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The State
More informationAgenda Item 3(a)(v): Article 12 (Royalties)
Committee of Experts on International Cooperation in Tax Matters 11 th Session: Geneva, 19-23 October 2015 Agenda Item 3(a)(v): Article 12 (Royalties) a) The meaning of industrial, commercial and scientific
More information