- 1
- Pensions and other similar remuneration, as well as annuities, arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in the first-mentioned State.
- 2
- Pensions paid and other payments made under the provisions of the social security legislation of a Contracting State to a resident of the other Contracting State may be taxed in the first-mentioned State.
- 3
- A pension, other similar remuneration or an annuity shall be deemed to arise in a Contracting State insofar as the contributions or payments associated with that pension or other similar remuneration or annuity, or the entitlements received from that pension or other similar remuneration or annuity qualified for relief from tax in that State. The transfer of a pension, other similar remuneration or an annuity from a pension fund or an insurance company in a Contracting State to a pension fund or an insurance company in another State shall not restrict in any way the taxing rights of the first-mentioned State under this Article.
- 4
- The term “annuity” means:
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- a)
- (i)in the case of an annuity arising in the European part of the Netherlands, an annuity as mentioned in the Netherlands Income Tax Act 2001 (“Wet inkomstenbelasting 2001”), or any subsequent identical or substantially similar laws or regulations replacing this act, the benefits of which are part of taxable income from employment and dwellings (“belastbaar inkomen uit werk en woning”);
- (ii)in the case of an annuity arising in the Caribbean part of the Netherlands, an annuity as mentioned in the Netherlands Caribbean Income Tax Act (“Wet inkomstenbelasting BES”), or any subsequent identical or substantially similar laws or regulations replacing this act, the benefits of which are considered to be income from periodic payments (“opbrengst van rechten op periodieke uitkeringen”);
- b)in the case of an annuity arising in Bulgaria, a stated sum payable periodically at stated times during life or during a specified or ascertainable period of time under an obligation to make the payments in return for adequate and full consideration in money or money's worth.
- 5
- The provisions of this Article shall also apply in case a lump sum payment is made in lieu of a pension, other similar remuneration or an annuity before the date on which the pension or other similar remuneration or the annuity commences.
