- 1.Income and gains from collective investment through a common contractual fund (CCF), closed fund for mutual account “besloten fonds voor gemene rekening” (closed FGR) or umbrella fund consisting of several CCFs or closed FGRs, are allocated to the investors that invest through the CCF, closed FGR or umbrella fund in proportion to their participations in the fund.
- 2.A CCF or closed FGR which is established in a Contracting State and which receives income or gains arising from the other Contracting State may itself, represented by its fund manager or its depository, in lieu of and instead of the investors in the CCF or closed FGR, claim the benefits of an agreement for the avoidance of double taxation, to which the other State is a party and which is specifically applicable to any of the investors concerned, on behalf of those investors in the CCF or closed FGR.Such claims may be subject to enquiry and, where requested, a fund manager or depository shall provide relevant information, which may include a schedule of investors and allocated income or gains relevant to a claim, as well as the particular agreements for the avoidance of double taxation under which an application for benefits is made by the CCF or FGR.
- 3.Notwithstanding the provision of paragraph 2, a CCF or closed FGR may not claim treaty benefits on behalf of an investor in the CCF or closed FGR if the investor has itself made a claim for benefits in respect of the same income or gains.
