Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State. 2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein. 3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph: (a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities; (b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises. 4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State. 5. Gains derived by a resident of a Contracting State from the alienation of: (a) exploration or exploitation rights; or (b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 3 contracts
Samples: Convention for the Avoidance of Double Taxation, Convention for the Avoidance of Double Taxation, Convention for the Avoidance of Double Taxation
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed seabed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "“exploration or exploitation rights" ” mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 3 contracts
Samples: Double Taxation Agreement, Double Taxation Agreement, Agreement for the Avoidance of Double Taxation
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 3 contracts
Samples: Convention for the Avoidance of Double Taxation, Convention for the Avoidance of Double Taxation, Convention for the Avoidance of Double Taxation
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed seabed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed in relation to those activities to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 90 days within any 12-month period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State, provided that the duties performed offshore in that other State are performed for a period or periods exceeding in the aggregate 90 days within any 12-month period.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in the assets or rights to the benefit benefits of such those assets.
Appears in 3 contracts
Samples: Agreement for the Avoidance of Double Taxation, Agreement for the Avoidance of Double Taxation, Agreement for the Avoidance of Double Taxation
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant The provisions of paragraph 2 shall not apply where the relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within in any period of twelve months shall not constitute commencing or ending in the carrying on of business through a permanent establishment situated thereinfiscal year concerned. For However, for the purposes of this paragraph:
(a) where , relevant activities carried on by an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying shall be regarded as carried on by the enterprise with which it is associated if such activities are substantially similar the same as relevant activities there, carried on by the former enterprise shall be deemed to be carrying on all such activities of the latter last-mentioned enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) time. For the purposes of this paragraph, an enterprise shall be regarded as associated with another enterprise if one it participates directly or indirectly in the management, control or capital of the other enterprise or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Profits derived by an enterprise of a Contracting State from the transportation of supplies or personnel to a location, or between locations, where relevant activities are being carried on in the other Contracting State, or from the operation of tugboats and other vessels auxiliary to such activities, shall be taxable only in the first-mentioned State.
5. Salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State. However, such remuneration shall be taxable only in the first-mentioned State if the employment is carried on offshore for an employer who is not a resident of the other State and for a period or periods not exceeding in the aggregate 30 days in any twelve month period commencing or ending in the fiscal year concerned.
56. Gains A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part in respect of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources activities performed in the other Contracting State, including rights to interests State shall not be taxable in that other State if the activities are performed in that other State for a period or to periods not exceeding in the benefit of such assetsaggregate 30 days in any twelve month period commencing or ending in the fiscal year concerned.
Appears in 2 contracts
Samples: Convention for the Avoidance of Double Taxation, Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income and Capital Gains
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed seabed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving (at any time during the 365 days preceding the alienation) their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 2 contracts
Samples: Agreement for the Elimination of Double Taxation, Agreement for the Elimination of Double Taxation
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant The provisions of paragraph 2 shall not apply where the relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within in any period of twelve months shall not constitute commencing or ending in the carrying on of business through a permanent establishment situated thereinfiscal year concerned. For However, for the purposes of this paragraph:
(a) where , relevant activities carried on by an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying shall be regarded as carried on by the enterprise with which it is associated if such activities are substantially similar the same as relevant activities there, carried on by the former enterprise shall be deemed to be carrying on all such activities of the latter last-mentioned enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) time. For the purposes of this paragraph, an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other enterprise or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Profits derived by an enterprise of a Contracting State from the transportation of supplies or personnel to a location, or between locations, where relevant activities are being carried on in the other Contracting State, or from the operation of tugboats and other vessels auxiliary to such activities, shall be taxable only in the first- mentioned State.
5. Salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State. However, such remuneration shall be taxable only in the first-mentioned State if the employment is carried on offshore for an employer who is not a resident of the other State and for a period or periods not exceeding in the aggregate 30 days in any twelve month period commencing or ending in the fiscal year concerned.
56. Gains A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part in respect of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources activities performed in the other Contracting State, including rights to interests State shall not be taxable in that other State if the activities are performed in that other State for a period or to periods not exceeding in the benefit of such assetsaggregate 30 days in any twelve month period commencing or ending in the fiscal year concerned.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other Contracting State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other Contracting State, be taxed in that other Contracting State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other Contracting State. In this paragraph "“exploration or exploitation rights" ” mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "“exploration or exploitation rights" ” mean rights to assets to be produced by the exploration or exploitation of the seabed sea bed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State in respect of such activities performed in the other Contracting State shall not be taxable in that other State if the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months.
5. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "“exploration or exploitation rights" ” mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant The provisions of paragraph 2 shall not apply where the relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within in any period of twelve months shall not constitute commencing or ending in the carrying on of business through a permanent establishment situated thereinfiscal year concerned. For However, for the purposes of this paragraph:
(a) where , relevant activities carried on by an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying shall be regarded as carried on by the enterprise with which it is associated if such activities are substantially similar the same as relevant activities there, carried on by the former enterprise shall be deemed to be carrying on all such activities of the latter last-mentioned enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) time. For the purposes of this paragraph, an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other enterprise or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Profits derived by an enterprise of a Contracting State from the transportation of supplies or personnel to a location, or between locations, where relevant activities are being carried on in the other Contracting State, or from the operation of tugboats and other vessels auxiliary to such activities, shall be taxable only in the first- mentioned State.
5. Salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State. However, such remuneration shall be taxable only in the first-mentioned State if the employment is carried on offshore for an employer who is not a resident of the other State and for a period or periods not exceeding in the aggregate 30 days in any twelve month period commencing or ending in the fiscal year concerned.
56. Gains A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part in respect of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources activities performed in the other Contracting State, including rights to interests State shall not be taxable in that other State if the activities are performed in that other State for a period or to periods not exceeding in the benefit of such assetsaggregate 30 days in any twelve month period commencing or ending in the fiscal year concerned.
Appears in 1 contract
Samples: Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving (at any time during the 365 days preceding the alienation) their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "“exploration or exploitation rights" ” mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant Paragraph 2 shall not apply to relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated thereinmonths. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State unless the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months.
5. Salaries, wages and similar other remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are employment is performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting However, such remuneration shall be taxable only in the first-mentioned State from the alienation ofif:
(a) exploration the employment is carried on for a period or exploitation rights; orperiods not exceeding in the aggregate 30 days in any twelve-month period,
(b) shares (the remuneration is paid by, or comparable instruments) deriving their value or on behalf of, an employer who is not a resident of the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration , and
(c) the remuneration is not borne by a permanent establishment or exploitation rights" mean rights to assets to be produced by a fixed base which the exploration or exploitation of the seabed or subsoil or their natural resources employer has in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "«relevant activities"») are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other Contracting State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other Contracting State, be taxed in that other Contracting State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other Contracting State. In this paragraph "«exploration or exploitation rights" » mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant specified activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant specified activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant Specified activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant specified activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant specified activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on specified activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State in respect of such activities performed in the other Contracting State shall not be taxable in that other State if the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months.
5. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant specified activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant “specified activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant specified activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant Specified activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant specified activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant specified activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on specified activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State in respect of such activities performed in the other Contracting State shall not be taxable in that other State if the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months.
5. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant specified activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. (1. ) The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea sea-bed and subsoil and their natural resources situated in a Contracting State.
(2. ) An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 paragraphs (3) and (5) of this Article, be deemed to be carrying on business in that other Contracting State through a permanent establishment situated therein.
(3. ) Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within in any 12 month period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
(4) A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other Contracting State. SalariesHowever, income derived by a resident of a Contracting State in respect of such activities performed in the other Contracting State shall not be taxable in that other Contracting State if the activities are performed in the other Contracting State for a period or periods not exceeding in the aggregate 30 days in any 12 month period.
(5) Profits derived by an enterprise of a Contracting State from the transportation of supplies or personnel by a ship or aircraft to a location where relevant activities are being carried on, or from the operation of tugboats or anchor handling vessels in connection with such activities, shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.
(a) Subject to sub-paragraph (b) of this paragraph, salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other Contracting State, be taxed in that other Contracting State.
5. Gains (b) Salaries, wages and similar remuneration derived by a resident of a Contracting State from in respect of an employment exercised aboard a ship or aircraft engaged in the alienation of:
(a) exploration transportation of supplies or exploitation rights; or
(b) shares (personnel to a location where relevant activities are being carried on in a Contracting State, or comparable instruments) deriving their value in respect of any employment exercised aboard a tugboat or the greater part of their value directly or indirectly from anchor handling vessel in connection with such rightsactivities, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation Contracting State in which the place of effective management of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assetsenterprise is situated.
Appears in 1 contract
Samples: Double Taxation Convention
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State in respect of such activities performed in the other Contracting State shall not be taxable in that other State if the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months.
5. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore off-shore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant Paragraph 2 shall not apply to relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated thereinmonths. For the purposes of this paragraph:
(a) a. where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) b. an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State unless the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months.
5. Salaries, wages and similar other remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are employment is performed offshore in that other State, be taxed in that other State.. However, such remuneration shall be taxable only in the first-mentioned State if:
5. Gains derived by a. the employment is carried on for a period or periods not exceeding in the aggregate 30 days in any twelve-month period,
b. the remuneration is paid by, or on behalf of, an employer who is not a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration , and
c. the remuneration is not borne by a permanent establishment or exploitation rights" mean rights to assets to be produced by a fixed base which the exploration or exploitation of the seabed or subsoil or their natural resources employer has in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed sea bed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.,
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in Convention.
2. In this Article called the term "relevant offshore activities") " means activities which are carried on offshore in a Contracting State in connection with the exploration or exploitation of the sea bed and subsoil sub-soil and their natural resources situated in a that Contracting State.
23. An enterprise of a Contracting State which carries on relevant offshore activities in the other Contracting State shall, subject to paragraph 3 paragraphs (4) and (5) of this Article, be deemed to be carrying on a business in that other Contracting State through a permanent establishment situated therein.
4. The provisions of paragraph (3. Relevant ) of this Article shall not apply where the offshore activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 thirty days within in any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated thereinmonth period. For the purposes purpose of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant offshore activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant offshore activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
45. Salaries, wages and similar remuneration Subject to paragraph (6) of this Article profits derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident enterprise of a Contracting State from the alienation ofoperation, in connection with offshore activities carried on in the other Contracting State, of ships or aircraft which are in their existing state designed primarily for the purpose of transporting supplies or personnel, or of tug-boats or anchor handling vessels, shall be taxable only in the State of which the enterprise is a resident.
6. The provisions of paragraph (5) of this Article shall not apply to profits derived during any period in which:
(a) exploration such a ship or exploitation rightsaircraft is contracted to be used mainly for purposes other than those of transporting supplies or personnel to or between places where offshore activities are being carried on; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets a tug-boat is contracted to be produced by the exploration or exploitation used for a purpose other than that of the seabed or subsoil or their natural resources towing; or
(c) an anchor handling vessel is contracted to be used for a purpose other than that of anchor handling.
7. A resident of a Contracting State who carries on offshore activities in the other Contracting State, including rights consisting of professional services or other activities of an independent character shall be deemed to interests be performing those activities from a fixed base in or to the benefit of such assetsthat other State.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed seabed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed in relation to those activities to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 90 days within any 12-month period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State, provided that the duties performed offshore in that other State are performed for a period or periods exceeding in the aggregate 90 days within any 12-month period.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in the assets or rights to the benefit benefits of such those assets.
Appears in 1 contract
Samples: Income Tax Treaty
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant Paragraph 2 shall not apply to relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated thereinmonths. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State unless the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months.
5. Salaries, wages and similar other remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are employment is performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting However, such remuneration shall be taxable only in the first-mentioned State from the alienation ofif:
(a) exploration the employment is carried on for a period or exploitation rights; orperiods not exceeding in the aggregate 30 days in any twelve-month period,
(b) shares (the remuneration is paid by, or comparable instruments) deriving their value or on behalf of, an employer who is not a resident of the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration , and
(c) the remuneration is not borne by a permanent establishment or exploitation rights" mean rights to assets to be produced by a fixed base which the exploration or exploitation of the seabed or subsoil or their natural resources employer has in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "“exploration or exploitation rights" ” mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in Convention.
2. In this Article called "relevant the term 'offshore activities") ' means activities which are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil sub-soil and their natural resources situated in a Contracting Stateone of the States.
23. An enterprise of a Contracting State one of the States which carries on relevant offshore activities in the other Contracting State shall, subject to paragraph 3 paragraphs 4 and 6 of this Article, be deemed to be carrying on on, in respect of those activities, business in that other State through a permanent establishment situated therein.
34. Relevant The provisions of paragraph 3 of this Article shall not apply where offshore activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within in any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein12 months. For the purposes of this paragraph:
(a) a. where an enterprise of a Contracting State carrying on relevant offshore activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) b. an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
45. Salaries, wages and similar remuneration derived by a A resident of a Contracting State in respect one of an employment connected with relevant the States who carries on offshore activities in the other Contracting State mayState, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in the extent that the duties are performed offshore in that other State. However, be taxed this paragraph shall not apply where such activities are carried on in that the other StateState for a period or periods not exceeding in the aggregate 30 days in any period of 12 months.
56. Profits from the operation, in connection with offshore activities, of ships or aircraft which are in their existing state designed primarily for the purpose of transporting supplies or personnel to or between places where offshore activities are being carried on or for the purpose of towing or anchor handling, or for any combination of these activities, shall be taxable only in the State in which the place of effective management of the enterprise is situated.
7. Gains derived by a resident of a Contracting State one of the States from the alienation of:
(a) of rights to assets to be produced by the exploration or exploitation rights; or
(b) of the sea bed and sub-soil and their natural resources situated in the other State, including rights to interests in or to the benefit of such assets, or from the alienation of shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In .
a. Subject to sub-paragraph (b) of this paragraph "exploration or exploitation rights" mean rights to assets to be produced paragraph, salaries, wages and other similar remuneration derived by the exploration or exploitation a resident of one of the seabed or subsoil or their natural resources States in respect of an employment connected with offshore activities in the other Contracting State may, to the extent that the employment is exercised offshore in that other State, including rights to interests be taxed in or to the benefit of such assetsthat other State.
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Samples: Double Taxation Convention
Miscellaneous Rules Applicable to Certain Offshore Activities. (1. ) The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
(2. ) An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 (3) of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
(3. ) Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve 12 months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter later enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
(4) A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State in respect of such activities performed in the other Contracting State shall not be taxable in that other State if the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of 12 months.
(5) Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "“relevant activities"”) are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be
5. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 (3) of this Article, be deemed to be carrying on business in that other State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 days within any period of twelve 12 months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) a. where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter later enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) b. an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. A resident of a Contracting State who carries on relevant activities in the other Contracting State, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other State. However, income derived by a resident of a Contracting State in respect of such activities performed in the other Contracting State shall not be taxable in that other State if the activities are performed in that other State for a period or periods not exceeding in the aggregate 30 days within any period of 12 months.
5. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
Samples: Double Taxation Treaty
Miscellaneous Rules Applicable to Certain Offshore Activities. 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention Agreement where activities (in this Article called "relevant activities") are carried on offshore in connection with the exploration or exploitation of the sea bed and subsoil and their natural resources situated in a Contracting State.
2. An enterprise of a Contracting State which carries on relevant activities in the other Contracting State shall, subject to paragraph 3 of this Article3, be deemed to be carrying on business in that other Contracting State through a permanent establishment situated therein.
3. Relevant activities which are carried on by an enterprise of a Contracting State in the other Contracting State for a period or periods not exceeding in the aggregate 30 thirty (30) days within any period of twelve (12) months shall not constitute the carrying on of business through a permanent establishment situated therein. For the purposes of this paragraph:
(a) where an enterprise of a Contracting State carrying on relevant activities in the other Contracting State is associated with another enterprise carrying on substantially similar relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, except to the extent that those activities are carried on at the same time as its own activities;
(b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same persons participate directly or indirectly in the management, control or capital of both enterprises.
4. Salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with relevant activities in the other Contracting State may, to the extent that the duties are performed offshore in that other Contracting State, be taxed in that other Contracting State.
5. Gains derived by a resident of a Contracting State from the alienation of:
(a) exploration or exploitation rights; or
(b) shares (or comparable instruments) deriving their value or the greater part of their value directly or indirectly from such rights, may be taxed in that other Contracting State. In this paragraph "exploration or exploitation rights" mean rights to assets to be produced by the exploration or exploitation of the seabed or subsoil or their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
Appears in 1 contract
