Ad Article 4, Article 10, paragraphs 1 and 2 and Article 21
- 1
- It is understood that a Dutch tax exempt Investment Institution (“vrijgestelde beleggingsinstelling ”), a Swiss contractual fund (“fonds commun de placement” ), a Swiss open ended investment fund (“société d’investissement à capital variable” ) and a Swiss limited partnership for collective capital investment (“société en commandite de placements collectifs” ) are not residents of one or both of the Contracting States.
- 2
- Notwithstanding paragraph 1 and paragraphs 1 and 2 of Article 10 and Article 21:
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- a)the Netherlands shall not be prevented from applying its domestic tax law with respect to an interest in a tax exempt Investment Institution (“vrijgestelde beleggingsinstelling ”), but if the beneficial owner of such an interest is a resident of Switzerland, the tax so charged shall not exceed 15 per cent of the gross amount of the income so taxed.
- b)Switzerland shall not be prevented from applying its domestic tax law with respect to income on an interest in a Swiss contractual fund (“fonds commun de placement”) , a Swiss open ended investment fund (“société d’investissement à capital variable” ) and a Swiss limited partnership for collective capital investment (“société en commandite de placements collectifs” ) under the Federal Act on Collective Investment Schemes of 23 June 2006, but if the beneficial owner of such income is a resident of the Netherlands, the tax so charged shall not exceed 15 per cent of the gross amount of the income so taxed.
- 3
- In respect to paragraph 2, subparagraphs a and b, the provisions of Article XIII and Article 22 shall apply accordingly.
