- 1
- For the purposes of this Agreement, the term “resident of a Party” means:
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- a)in the Netherlands in respect of an individual any individual who, under the laws of the Netherlands, is liable to tax therein by reason of his domicile, residence or any other criterion of a similar nature. This term, however, does not include an individual who is liable to tax in the Netherlands in respect only of income from sources in Netherlands;
- b)in Bermuda in respect of an individual who, under the laws of Bermuda is ordinarily resident in Bermuda.
- 2
- Where by reason of the provisions of paragraph 1 an individual is a resident of both Parties, then his status shall be determined as follows:
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- a)he shall be deemed to be a resident only of the Party in which he has a permanent home available to him; if he has a permanent home available to him in both Parties, he shall be deemed to be a resident only of the Contracting Party with which his individual and economic relations are closer (centre of vital interests);
- b)if the Party in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either Contracting Party, he shall be deemed to be a resident only of the Party in which he has an habitual abode;
- c)if he has an habitual abode in both Parties or in neither of them, he shall be deemed to be a resident only of the Contracting Party of which he is a national;
- d)if he is a national of both Parties or of neither of them, the competent authorities of the Contracting Parties shall settle the question by mutual agreement.
