OECD协定范本条文.doc

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1、MODEL CONVENTIONWITH RESPECT TO TAXESON INCOME AND ON CAPITALTITLE AND PREAMBLECHAPTER IScope of the ConventionArt. 1 Persons CoveredArt. 2 Taxes coveredCHAPTER IIDefinitionsArt. 3 General definitionsArt. 4 ResidentArt. 5 Permanent establishmentCHAPTER IIITaxation of incomeArt. 6 Income from immovab

2、le propertyArt. 7 Business profitsArt. 8 Shipping, inland waterways transport and air transportArt. 9 Associated enterprisesArt. 10 DividendsArt. 11 InterestArt. 12 RoyaltiesArt. 13 Capital gainsArt. 14 DeletedArt. 15 Income from employmentArt. 16 Directors feesArt. 17 Artistes and sportsmenArt. 18

3、PensionsArt. 19 Government ServiceArt. 20 StudentsArt. 21 Other incomeCHAPTER IVTaxation of capitalArt. 22 CapitalCHAPTER VMethods for elimination of double taxationArt. 23 A Exemption methodArt. 23 B Credit methodCHAPTER VISpecial provisionsArt. 24 Non-discriminationArt. 25 Mutual agreement procedu

4、reArt. 26 Exchange of informationArt. 27 Assistance in the collection of taxesArt. 28 Members of diplomatic missions and consular postsArt. 29 Territorial extensionCHAPTER VIIFinal provisionsArt. 30 Entry into forceArt. 31 TerminationTITLE OF THE CONVENTIONConvention between (State A) and (State B)w

5、ith respect to taxes on income and on capital1PREAMBLE TO THE CONVENTION21. States wishing to do so may follow the widespread practice of including in the title a reference to either the avoidance of double taxation or to both the avoidance of double taxation and the prevention of fiscal evasion.2.

6、The Preamble of the Convention shall be drafted in accordance with the constitutional procedure of both Contracting States.CHAPTER ISCOPE OF THE CONVENTIONArticle 1PERSONS COVEREDThis Convention shall apply to persons who are residents of one or both of the Contracting States.Article 2TAXES COVERED1

7、. This Convention shall apply to taxes on income and on capital imposed on behalf of a Contracting State or of its political subdivisions or local authorities, irrespective of the manner in which they are levied.2. There shall be regarded as taxes on income and on capital all taxes imposed on total

8、income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.3. The existing taxes to which the Convention

9、 shall apply are in particular:a) (in State A): .b) (in State B): .4. The Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Co

10、ntracting States shall notify each other of any significant changes that have been made in their taxation laws.CHAPTER IIDEFINITIONSArticle 3GENERAL DEFINITIONS1. For the purposes of this Convention, unless the context otherwise requires:a) the term person includes an individual, a company and any o

11、ther body of persons;b) the term company means any body corporate or any entity that is treated as a body corporate for tax purposes;c) the term enterprise applies to the carrying on of any business;d) the terms enterprise of a Contracting State and enterprise of the other Contracting State mean res

12、pectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;e) the term international traffic means any transport by a ship or aircraft operated by an enterprise that has its place of effective management in a Cont

13、racting State, except when the ship or aircraft is operated solely between places in the other Contracting State;f) the term competent authority means:(i) (in State A): .(ii) (in State B): .g) the term national, in relation to a Contracting State, means:(i) any individual possessing the nationality

14、or citizenship of that Contracting State; and(ii) any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State;h) the term business includes the performance of professional services and of other activities of an independent character.2. As

15、 regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning u

16、nder the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.Article 4RESIDENT1. For the purposes of this Convention, the term resident of a Contracting State means any person who, under the laws of that State, is liable to tax therein by reas

17、on of his domicile, residence, place of management or any other criterion of a similar nature, and also includes that State and any political subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only of income from sour

18、ces in that State or capital situated therein.2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:a) he shall be deemed to be a resident only of the State in which he has a permanent home available

19、 to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);b) if the State in which he has his centre of vital interests cannot be determined, or if h

20、e has not a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;d)

21、 if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall b

22、e deemed to be a resident only of the State in which its place of effective management is situated.Article 5PERMANENT ESTABLISHMENT1. For the purposes of this Convention, the term permanent establishment means a fixed place of business through which the business of an enterprise is wholly or partly

23、carried on.2. The term permanent establishment includes especially:a) a place of management;b) a branch;c) an office;d) a factory;e) a workshop, andf) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.3. A building site or construction or installation project

24、 constitutes a permanent establishment only if it lasts more than twelve months.4. Notwithstanding the preceding provisions of this Article, the term permanent establishment shall be deemed not to include:a) the use of facilities solely for the purpose of storage, display or delivery of goods or mer

25、chandise belonging to the enterprise;b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by anot

26、her enterprise;d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise;e) the maintenance of a fixed place of business solely for the purpose of carrying on,for the enterprise, any other activity of a

27、preparatory or auxiliary character;f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) to e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary characte

28、r.5. Notwithstanding the provisions of paragraphs 1 and 2, where a person other than an agent of an independent status to whom paragraph 6 applies is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the ente

29、rprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of busine

30、ss, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agen

31、t or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business.7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carr

32、ies on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.CHAPTER IIITAXATION OF INCOMEArticle 6INCOME FROM IMMOVABLE PROPERTY1. Income derived by a resident of a Contracting Stat

33、e from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.2. The term immovable property shall have the meaning which it has under the law of the Contracting State in which the property in question is situated.

34、The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as considerat

35、ion for the working of, or the right to work, mineral deposits, sources and other natural resources; ships, boats and aircraft shall not be regarded as immovable property.3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovabl

36、e property.4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise.Article 7BUSINESS PROFITS1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contra

37、cting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits that are attributable to the permanent establishment in accordance with the provisions of paragraph 2 may be taxed in that other State.2. For the purposes of this Article a

38、nd Article 23A 23B, the profits that are attributable in each Contracting State to the permanent establishment referred to in paragraph 1 are the profits it might be expected to make, in particular in its dealings with other parts of the enterprise, if it were a separate and independent enterprise e

39、ngaged in the same or similar activities under the same or similar conditions, taking into account the functions performed, assets used and risks assumed by the enterprise through the permanent establishment and through the other parts of the enterprise.3. Where, in accordance with paragraph 2, a Co

40、ntracting State adjusts the profits that are attributable to a permanent establishment of an enterprise of one of the Contracting States and taxes accordingly profits of the enterprise that have been charged to tax in the other State, the other State shall, to the extent necessary to eliminate doubl

41、e taxation on these profits, make an appropriate adjustment to the amount of the tax charged on those profits. In determining such adjustment, the competent authorities of the Contracting States shall if necessary consult each other. 4. Where profits include items of income which are dealt with sepa

42、rately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.Article 8SHIPPING, INLAND WATERWAYS TRANSPORT AND AIR TRANSPORT1. Profits from the operation of ships or aircraft in international traffic shall be taxable only

43、in the Contracting State in which the place of effective management of the enterprise is situated.2. Profits from the operation of boats engaged in inland waterways transport shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.3. If

44、 the place of effective management of a shipping enterprise or of an inland waterways transport enterprise is aboard a ship or boat, then it shall be deemed to be situated in the Contracting State in which the home harbour of the ship or boat is situated, or, if there is no such home harbour, in the

45、 Contracting State of which the operator of the ship or boat is a resident.4. The provisions of paragraph 1 shall also apply to profits from the participation in apool, a joint business or an international operating agency.Article 9ASSOCIATED ENTERPRISES1. Wherea) an enterprise of a Contracting Stat

46、e participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, orb) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracti

47、ng State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterpris

48、es, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.2. Where a Contracting State includes in the profits of an enterprise of that State and taxes accordingly profits on which an enterprise of the other Contracting State has been char