Taxation Exception Sample Clauses
A Taxation Exception clause defines circumstances under which certain tax-related obligations or liabilities are excluded from a contract's general provisions. Typically, this clause clarifies that parties are not responsible for paying taxes that are specifically imposed on the other party, such as income or corporate taxes, but may still be liable for shared taxes like sales or value-added tax. Its core function is to allocate tax responsibilities clearly between the parties, preventing disputes over unexpected tax liabilities and ensuring each party understands their financial obligations under the agreement.
Taxation Exception. 1. For the purposes of this Article:
(a) for Chile, the Undersecretary of the Ministry of Finance;
(b) for New Zealand, the Commissioner of Inland Revenue or an authorised representative of the Commissioner; and
(c) for Singapore, the Chief Tax Policy Officer, Ministry of Finance, or any successor of these designated authorities as notified to the other Parties; taxes and taxation measures include excise duties, but do not include:
(a) a “customs duty” as defined in Article 1.3 (General Definitions); or
(b) the measures listed in subparagraph (b) and subparagraph (c) of that definition.
2. Nothing in this Agreement shall apply to taxes or taxation measures.
3. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that convention shall prevail to the extent of the inconsistency.
4. In the case of a tax convention between two or more Parties, if an issue arises as to whether any inconsistency exists between this Agreement and the tax convention, the issue shall be referred to the designated authorities of the Parties in question. The designated authorities of those Parties shall have six months from the date of referral of the issue to make a determination as to the existence and extent of any inconsistency. If those designated authorities agree, the period may be extended up to 12 months from the date of referral of the issue. No procedures concerning the measure giving rise to the issue may be initiated under Module 14 (Dispute Settlement) until the expiry of the six-month period, or any other period as may have been agreed by the designated authorities. An arbitral tribunal established to consider a dispute related to a taxation measure shall accept as binding a determination of the designated authorities of the Parties made under this paragraph.
Taxation Exception. 1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
2. Article 7 (Expropriation) shall apply to taxation measures. However, no investor may invoke Article 7 as the basis for a claim if it has been determined pursuant to this paragraph that the measure is not an expropriation. An investor that seeks to invoke Article 7 with respect to a taxation measure must first refer to the competent authorities of the Party of the investor and the respondent Party, at the time that it gives its notice of arbitration under Article 14.9, the issue of whether that taxation measure is not an expropriation. If the competent authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six months of the referral, the investor may submit its claim to arbitration under Article 14.
Taxation Exception. 1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
2. This Agreement shall grant rights or impose obligations with respect to taxation measures in accordance with subparagraphs (a) through (d):
(a) Article 2.3 (National Treatment) and such other provisions of this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as does Article III of GATT 1994;
(b) Article 2.12 (Export Duties, Taxes, or Other Charges) shall apply to taxation measures;
(c) Article 8.4 (National Treatment) shall apply to taxation measures on income, on capital gains, on the taxable capital of corporations or on the value of an investment or ▇▇▇▇▇▇▇▇▇ (but not on the transfer of that investment or property) that relate to the purchase or consumption of particular services, except that nothing in this subparagraph shall prevent a Party from conditioning the receipt or continued receipt of an advantage relating to the purchase or consumption of particular services on requirements to provide the service in its territory;3
(d) Articles 8.4 (National Treatment), 8.5 (Most-Favoured-Nation Treatment), 10.5 (National Treatment), and 10.6 (Most-Favoured-Nation Treatment) shall apply to all taxation measures, other than those on income, on capital gains, on the taxable capital of corporations, on the value of an investment or property4 (but not on the transfer of that investment or property), or taxes on estates, inheritances, gifts and generation-skipping transfers.
3. Notwithstanding paragraph 2, nothing in the Articles referred to in paragraph 2 shall apply to:
(a) any most-favoured-nation obligation with respect to an advantage accorded by a Party in accordance with a tax convention;
(b) a non-conforming provision of any existing taxation measure;
(c) the continuation or prompt renewal of a non-conforming provision of any existing taxation measure;
(d) an amendment to a non-conforming provision of any existing taxation measure to the extent that the amendment does not decrease its conformity, at the time of the amendment, with any of those Articles;
(e) the adoption or enforcement of any taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes including any taxation measure that differentiates between persons based on their place of residence or 2 This is without prejudice as to the methodology used to determine the value of such investment or property...
Taxation Exception. 1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of a Party under a tax convention applicable between the relevant EFTA State and Indonesia. In the event of any inconsistency between this Agreement and any such tax convention, that tax convention shall prevail to the extent of the inconsistency. The competent authorities under that tax convention shall have the sole responsibility to determine whether an inconsistency exists between this Agreement and that tax convention.
3. Notwithstanding paragraph 1, the provisions referred to hereafter shall apply to taxation measures:
(a) Article 2.9 (Internal Taxation and Regulations) and such other provisions of this Agreement as are necessary to give effect to that Article to the same extent as does Article III of the GATT 1994; and
(b) Articles 3.16 (General Exceptions) and 4.11 (General Exceptions) to the same extent as does Article XIV of the GATS.
4. For the purposes of this Article, taxation measures do not include any import duties as defined in Article 2.2 (Import Duties) nor export duties as defined in Article 2.3 (Export Duties).
Taxation Exception. 1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that convention shall prevail to the extent of the inconsistency.