- 1
- Where tax has been levied at source in excess of the amount of tax chargeable under the provisions of Articles 10, 11 or 12, applications for the refund of the excess amount of tax have to be lodged with the competent authority of the State having levied the tax, within a period of five years after the expiration of the calendar year in which the tax has been levied.
- 2
- Notwithstanding the other provisions of this Convention, a benefit under this Convention shall not be granted in respect of an item of income if, having regard to all relevant facts and circumstances, obtaining of that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Convention. The competent authority of the Contracting State, which has to grant the benefit, shall consult with the competent authority of the other Contracting State before denying a benefit under this paragraph.
- 3
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- a)Dividends, interest or royalties arising in a Contracting State and paid in respect of a holding, debt-claim, right or property which is effectively connected with a permanent establishment situated in the other Contracting State shall be taxable in the first-mentioned State in accordance with the provisions of Articles 10, 11 and 12 respectively.
- b)The Contracting State where the permanent establishment is situated shall eliminate double taxation in accordance with Article 20.
- c)The provisions of subparagraphs a) and b) shall apply wherever the head office of the enterprise on which the permanent establishment depends is situated, provided an agreement is in place between the state where the head office of the enterprise is situated and the Contracting State in which the dividends, interest or royalties arise, which provides for the adequate exchange of information in tax matters.
- 4
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- a)Income and gains from collective investment through closed funds for joint account (closed FJA’s) based in a Contracting State or umbrella funds consisting of several closed FJA’s, are allocated to the investors that invest through the closed FJA’s, in proportion to their participations in the fund.
- b)A closed FJA 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 closed FJA, 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 an investor concerned, on behalf of such investors in the closed FJA.
- c)Notwithstanding the provision of subparagraph b), a closed FJA may not claim treaty benefits on behalf of an investor in the closed FJA if the investor has itself made a claim for benefits in respect of the same income or gains.
- 5
- The attribution of profits on the basis of Article 7 with respect to transactions between an enterprise and its permanent establishment, or the determination on the basis of Article 9 of the arm's length price of transactions between associated enterprises, respectively, shall be based on internationally established principles.
- 6
- The provisions of this Convention shall not apply to, nor with respect to an interest in, a person that is treated as a tax exempt investment institution (“vrijgestelde beleggingsinstelling”) for the purposes of the Netherlands company tax act.
