METHODS FOR ELIMINATION OF DOUBLE TAXATION. Double taxation shall be eliminated as follows:
1. in the case of the Hong Kong Special Administrative Region: subject to the provisions of the laws of the Hong Kong Special Administrative Region relating to the allowance of a credit against Hong Kong Special Administrative Region tax of tax paid in a jurisdiction outside the Hong Kong Special Administrative Region (which shall not affect the general principle of this Article), Austrian tax paid under the laws of Austria and in accordance with this Agreement, whether directly or by deduction, in respect of income derived by a person who is a resident of the Hong Kong Special Administrative Region from sources in Austria, shall be allowed as a credit against Hong Kong Special Administrative Region tax payable in respect of that income, provided that the credit so allowed does not exceed the amount of Hong Kong Special Administrative Region tax computed in respect of that income in accordance with the tax laws of the Hong Kong Special Administrative Region;
2. in the case of Austria:
(a) where a resident of Austria derives income or owns capital which, in accordance with the provisions of this Agreement, may be taxed in the Hong Kong Special Administrative Region and are subject to tax therein, Austria shall, subject to the provisions of subparagraphs (b) to (e), exempt such income or capital from tax;
(b) where a resident of Austria derives items of income which, in accordance with the provisions of Articles 10, 12 and paragraph 4 of Article 13, may be taxed in the Hong Kong Special Administrative Region, Austria shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in the Hong Kong Special Administrative Region. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such items of income derived from the Hong Kong Special Administrative Region;
(c) dividends in the sense of subparagraph (b) of paragraph 2 of Article 10 paid by a company which is a resident of the Hong Kong Special Administrative Region to a company which is a resident of Austria shall be exempt from tax in Austria, subject to the relevant provisions of the domestic law of Austria but irrespective of any deviating minimum holding requirements provided for by that law;
(d) where in accordance with any provision of the Agreement income derived or capital owned by a resident of Austria is exempt from tax in Austria, Aust...
METHODS FOR ELIMINATION OF DOUBLE TAXATION. Article 23
METHODS FOR ELIMINATION OF DOUBLE TAXATION. 1. The laws in force in either of the Contracting State shall continue to govern the taxation of income in the respective Contracting States except where express provision to the contrary is made in this Agreement. Where income is subject to tax in both Contracting States, relief from double taxation shall be given in accordance with the following paragraphs of this Article.
METHODS FOR ELIMINATION OF DOUBLE TAXATION. 1. The laws in force in either of the Contracting States will continue to govern the taxation of income in the respective Contracting States except where provisions to the contrary are made in this Agreement.
2. In the case of India, double taxation shall be eliminated as follows: Where a resident of India derives income which, in accordance with the provisions of this Agreement, may be taxed in Malaysia, India shall allow as a deduction from the tax on the income of that resident an amount equal to the amount of tax paid in Malaysia whether directly or by deduction at source. Such amount shall not, however, exceed that part of the tax (as computed before the deduction is given) which is attributable to the income which may be taxed in Malaysia.
3. For the purposes of paragraph 4, the term "tax paid in Malaysia" shall be deemed to include the tax which would, under the laws of Malaysia and in accordance with this Agreement, have been payable on any income derived from sources in Malaysia had the income not been taxed at a reduced rate or exempted from Malaysian tax in accordance with the provisions of this Agreement and the special incentives under the Malaysian laws for the promotion of economic development of Malaysia which were in force at the date of signature of this Agreement or any other provisions which may subsequently be introduced in Malaysia in modification of, or in addition to, those laws so far as they are agreed by the competent authorities of the Contracting States to be of a substantially similar character.
4. In the case of Malaysia, double taxation shall be eliminated as follows: Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, tax paid in India under the taxation laws of India and in accordance with the provisions of this Agreement, by a resident of Malaysia in respect of income derived from India shall be allowed as a credit against tax payable in Malaysia in respect of that income. Where such income is a dividend paid by a company which is a resident of India to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account tax paid in India by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is ...
METHODS FOR ELIMINATION OF DOUBLE TAXATION. Double Taxation shall be eliminated as follows :
METHODS FOR ELIMINATION OF DOUBLE TAXATION. 1. In Pakistan, double taxation shall be eliminated as follows:
(a) Subject to the provisions of the laws of Pakistan, regarding the allowance as a credit against Pakistan tax, the amount of Chinese tax payable, under the laws of China and in accordance with the provisions of this Agreement, whether directly or by deduction, by a resident of Pakistan, in respect of income derived from China, shall be allowed as a credit against the Pakistan tax payable in respect of such income. The amount of credit, however, shall not exceed the amount of the Pakistan tax on that income computed in accordance with the taxation laws of Pakistan.
(b) Where the income derived from China is a dividend paid by a company which is a resident of China to a company which is a resident of Pakistan and which owns not less than 10 per cent of the shares of the company paying the dividend, the credit shall take into account the tax paid to China by the company paying dividend in respect of its income.
(c) For the purpose of sub-paragraphs (a) and (b), Chinese tax paid shall include the amount of Chinese tax which would have been paid if the Chinese tax had not been exempted, reduced or refunded in accordance with:
(i) Article 5 and 6 of the Income Tax law of the People’s Republic of China concerning Joint Ventures with Chinese and Foreign Investment and Article 3 of the Detailed Rules and Regulations for the implementation of the Income Tax law of the People’s Republic of China concerning Joint Ventures with Chinese and Foreign Investment;
(ii) Articles 4 and 5 of the Income Tax Law of the People’s Republic of China concerning Foreign Enterprises;
(iii) Articles 1, 2, 3, 4 and 10 of Part 1, Articles 1, 2, 3, and 4 of Part 2 and Article 1, 2 and 3 of Part 3 of the interim provisions of the State Council of the People’s Republic of China on Reduction in or Exemption from Enterprise Income Tax and the Consolidated Industrial and Commercial Tax for Special Economic Zones and Fourteen Coastal Cities;
(iv) Articles 12 and 19 of the State Council Regulations for the Encouragement of Investment in the Development of Hainan Island;
(v) Articles 8, 9 and 10 of the State Council Regulations concerning the Encouragement of Foreign Investment; and
(vi) Articles 1, 2 and 3 of the Interim Provisions of the Ministry of Finance of the People’s Republic of China regarding (reduction in or exemption from) Enterprise Income Tax and Industrial and Commercial Consolidated Tax for Encouraging Foreign Invest...
METHODS FOR ELIMINATION OF DOUBLE TAXATION. Elimination of Double Taxation
METHODS FOR ELIMINATION OF DOUBLE TAXATION. 1. Double taxation shall be eliminated as follows:
(a) in the case of the Kingdom of Saudi Arabia: Where a resident of the Kingdom of Saudi Arabia derives income which, in accordance with the provisions of this Agreement, may be taxed in Singapore, the Kingdom of Saudi Arabia shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in Singapore. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such income derived from Singapore;
(b) in the case of Singapore: Where a resident of Singapore derives income from the Kingdom of Saudi Arabia which, in accordance with the provisions of this Agreement, may be taxed in the Kingdom of Saudi Arabia, Singapore shall, subject to its laws regarding the allowance as a credit against Singapore tax of tax payable in any country other than Singapore, allow the Saudi tax paid, whether directly or by deduction, as a credit against the Singapore tax payable on the income of that resident. Where such income is a dividend paid by a company which is a resident of the Kingdom of Saudi Arabia to a resident of Singapore which is a company owning directly or indirectly not less than 10 per cent of the share capital of the first-mentioned company, the credit shall take into account the Saudi tax paid by that company on the portion of its profits out of which the dividend is paid.
2. Where tax on income arising in either Contracting State is exempted or reduced under this Agreement or in accordance with the laws and regulations of either Contracting State for the promotion of economic development, such tax which has been exempted or reduced shall be deemed to have been paid for the purposes of this Article. The provision of this paragraph shall apply for the first 5 years from which this Agreement is effective.
3. In the case of the Kingdom of Saudi Arabia, the methods for elimination of double taxation will not prejudice the provisions of the Zakat collection regime as regards Saudi nationals.
METHODS FOR ELIMINATION OF DOUBLE TAXATION. The method of elimination of double taxation will be as follows:
1. In case of the Netherlands:
(a) when the Netherlands imposes a tax on its residents, it may include in the basis upon which such taxes are imposed the items of income which, according to the provisions of this Convention, may or shall be only taxable in the Kingdom of Saudi Arabia.
(b) However, where a resident of the Netherlands derives items of income which according to Article 6, Article 7, paragraph 4 of Article 10, paragraph 5 of Article 11, paragraph 4 of Article 12, paragraphs 1 and 2 of Article 13, paragraph 1 of Article 14, paragraph 1 of Article 15, paragraphs 1 (a) and 2 (a) of Article 19 and paragraph 2 of Article 22 of this Convention may be taxed in the Kingdom of Saudi Arabia and are included in the basis referred to in paragraph 1 (a), the Netherlands shall exempt such items of income by allowing a reduction of its tax. This reduction shall be computed in conformity with the provisions of the Netherlands law for the avoidance of double taxation. For that purpose the said items of income shall be deemed to be included in the amount of the items of income which are exempt from Netherlands tax under those provisions.
(c) Further, the Netherlands shall allow a deduction from the Netherlands tax so computed for the items of income which according to paragraph 2 (b) of Article 10, paragraph 3 of Article 13, Article 16, paragraphs 1 and 2 of Article 17 and paragraph 3 of Article 18 of this Convention may be taxed in the Kingdom of Saudi Arabia to the extent that these items are included in the basis referred to in paragraph 1 (a). The amount of this deduction shall be equal to the tax paid in the Kingdom of Saudi Arabia on these items of income, but shall, in case the provisions of the Netherlands law for the avoidance of double taxation provide so, not exceed the amount of the deduction which would be allowed if the items of income so included were the sole items of income which are exempt from Netherlands tax under the provisions of the Netherlands law for the avoidance of double taxation. This paragraph shall not restrict allowance now or hereafter accorded by the provisions of the Netherlands law for the avoidance of double taxation, but only as far as the calculation of the amount of the deduction of Netherlands tax is concerned with respect to the aggregation of income from more than one country and the carry forward of the tax paid in the Kingdom of Saudi Arabia on the said...
METHODS FOR ELIMINATION OF DOUBLE TAXATION. 1. In the case of San Marino, double taxation shall be avoided as follows :
a) Where a resident of San Marino derives income which, in accordance with the provisions of this Convention, may be taxed in Belgium, San Marino shall, subject to the provisions of sub-paragraphs b) and c) exempt such income from tax but may, nevertheless, in calculating the amount of tax on the remaining income of such resident, apply the same tax rate which would apply if the income in question were not exempt.
b) Where a resident of San Marino derives income which, in accordance with the provisions of Articles 10 and 11, may be taxed in Belgium, San Marino shall allow as a deduction from the tax on the income of that resident, an amount equal to the tax paid in Belgium. Such deduction shall not, however, exceed that part of the income tax, as computed before the deduction is given, which is attributable to the income arising in Belgium.
c) Notwithstanding the provisions of sub-paragraph b), where a company which is a resident of San Marino has held at least 25 percent of the capital of a company which is a resident of Belgium paying dividends for at least 12 months prior to the decision to distribute the dividends, San Marino shall exempt from tax the dividends paid to the company which is a resident of San Marino by the company which is a resident of Belgium.
2. In the case of Belgium, double taxation shall be avoided as follows :
a) Where a resident of Belgium derives income, not being dividends, interest or royalties, which may be taxed in San Marino in accordance with the provisions of this Convention, and which are taxed there, Belgium shall exempt such income from tax but may, in calculating the amount of tax on the remaining income of that resident, apply the rate of tax which would have been applicable if such income had not been exempted. However, in the case of a company which is a resident of Belgium, where the San Marino tax is less than 15 per cent of the net amount of the income referred to in this provision, Belgium shall not exempt that income, but reduce to a third the Belgian tax which is proportionally relating to that income, calculated as if that income were income from Belgian sources.
b) Notwithstanding the provisions of sub-paragraph a) of this paragraph and any other provision of this Convention, Belgium shall, for the determination of the additional taxes established by Belgian municipalities and conurbations, take into account the earned income (reven...
