- 1
- Dividends paid by a company which is a resident of one of the States to a resident of the other State may be taxed in that other State.
- 2
- However, such dividends may also be taxed in the State of which the company paying the dividends is a resident and according to the laws of that State, but the tax so charged shall not exceed:
-
- a)15 per cent of the gross amount of the dividends if the recipient is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends;
- b)20 per cent of the gross amount of the dividends in all other cases.
- The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
- 3
- The competent autorities of the States shall by mutual agreement settle the mode of application of paragraph 2.
- 4
- The term “dividends” as used in this article means income from shares, “jouissance” shares or “jouissance” rights, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident.
- 5
- Profits from a company of one of the States carrying on business in the other State through a permanent establishment situated therein may, after having been taxed under Article 7, be taxed on the remaining amount in the State in which the permanent establishment is situated and the taxes so charged shall not exceed 50 per cent of the percentage provided for in sub-paragraph a) of paragraph 2 of this Article.
- 6
- The provisions of paragraph 1 and 2 shall not apply if the recipient of the dividends, being a resident of one of the States, carries on business in the other State of which the company paying the dividens is a resident, through a permanent establishment situated therein, or, in the case of a resident of Turkey, performs in the Netherlands independent personal services from a fixed base situated in the Netherlands, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
- 7
- Where a company which is a resident of one of the States derives profits or income from the other State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
