CFA (76) 7part4rev1EF
CFA (76) 7part4rev1EF
CFA (76) 7part4rev1EF
Or.Eng./Fr.
COMMITTEE ON FISCAL AFFAIRS
REPORT ON THE REVISION OF THE 1963 DRAFT CONVENTION
FOR THE AVOIDANCE OF DOUBLE TAXATION
(Note by the Secretariat)
The revised Part IV attached shows the final state of
Reservations made by Member countries on the Articles of the
Convention, taking into account the discussions at the last
meeting of the Committee, and further contacts between the
Secretariat and individual Delegations.
32.512
CFA(76)7 - 2
Part IV(lst Revision)
RESERVATION ON ARTICLE I
RESERVATIONS ON ARTICLE 2
Australia, Canada and the United States reserve• their po-
sitidris on that part of paragraph 1 which states that the
Convention should apply to taxes of political subdivisions or
local authorities.
Japan reserves its position on that part of paragraph 1
of this Article which states that the Convention shall apply
to taxes on capital.
RESERVATION. ON ARTICLE 3
Belgium reserves the right to vary, in its conventions, sub-
paragraph b) of paragraph 1 of Article 3, and paragraph 1
of Article 4, so as to make it clear that partnerships consti-
tuted under Belgian law must he treated as residents of Belgium,
in view of the twofold fact that they are legal persons and
that their world income is in all cases subject to tax in
Belgium.
RESERVATIONS ON ARTICLE; 4
RESERVATIONS ON ARTICLE 5
RESERVATIONS ON ARTICLE 7
RESERVATIONS ON ARTICLE 8
RESERVATIONS ON ARTICLE 9
RESERVATIONS ON ARTICLE 10
Para 2
Australia reserves the right always to tax, at a rate
of not =Man 15 per cent,- dividends paid by a company which
is a resident of Australia for purposes of its tax.
Paragraphe 2
Pararrraph
BelFium reserves the right to amplify the definition
of divicéiids in paragraph 3 so as to cover expressly income -
even when paid in the form of interest - which is taxable as
income from capital invested by partners in Belgian partnerships
which have not opted for their profits to be charged to personal
income tax in the names of such partners individually.
In view, moreover, of the fact that Belgian law excludes
distributions of liçuidation surpluses from the movable capital
income category ('revenus mobiliers") and subjects them to a
compositional charge to company tax which relieves the indivi-
dual shareholders or partners from any liability to personal
tax, Belr,ium reserves the right to levy, in accordance with
its in eriiä law, such "special contributions", either in the
case of the redemption of its own shares or partnership shares
by a company or partnership resident in Belgium or on the
division of its assets by such a company or partnership among
its shareholders or members; Such special contributions fall
neither under the -res trictiôns provided in paragraph 2, as
regards distribution tax charged on dividends, nor under any
other restrictive provision whatever of the Convention (paragraph 4
of Article 1..5 ; paragraph 1 of Article 21, etc:..)
Paraj raph 4
Italï reserves the right to subject dividends to the
taxes imposed by its law whenever the recipient thereof has a
permanent establishment in Italy, even if the holding on which
the dividends are paid is not effectively connected with such
.permanent establishment.
Paragraph 5
Paragraphe 3
Paragraphe 4
Paragraphe 5
RESERVATIONS ON ARTICLE 11
Paragraph 2
Belrfium, Potu °al and bPaain reserve their position on
the ratéNrovidec i7 paragraph 2.
Canada reserves its position on paragraph 2 and wishes to
retain a 1er cent rate of tax at source in its bilateral con-
ventions.
Turkel cannot accept a rate of tax which is lower than
20 per cent.
Paragraph 4
Paragraphe 2
Paragraphe 4
RESERVATIONS ON ARTICLE 12
Paragraph 1
RESERVATIONS ON ARTICLE 13
RESERVATIONS ON ARTICLE 14
RESERVATIONS ON ARTICLE 16
RESERVATIONS ON ARTICLE 17
Les Etats-Unis font une réserve sur cet article. Les Etats-
Unis estiment que les tantièmes doivent être imposés en appliquant
l'article 14.
RESERVATIONS ON ARTICLE 18
Australia reserves its position on this lrticle. When
negotiating with other 1ember countries, the Australian
authorities will propose that all pensions be taxable only in
the country of residence of the recipient.
Canada reserves its position on this Article. nen
negotia ing conventions, the Canadian authorities will propose
that the country in which the pensions arise be given a limited
right to tax. Canada would also wish to apply this rule to
pensions referred to in Article 19 in order to achieve uni-
formity of treatment.
Sweden, when negotiating conventions witn other Member
countries, would wish to retain the right to tax pensions paid
to non-residents of Sweden, where such pensions are paid in
respect of past services rendered mainly within Sweden.
RESERVATIONS ON ARTICLE 19
Ja,_an and the United States believe that a reference
Ci
to Arti1 7 should Fe-727.6717o 7aragraph. 5, so that govern-
ment-employed artistes may be governed by Article 17 if their
services are rendered in connection with a business.
The United States reserves the right to modify the
text t6 indicate that its application is not limited by
Article 1.
RESERVATION ON ARTICLE 20
RESERVATIONS ON ARTICLE 21
RESERVATIONS ON ARTICLE 22
RESERVATIONS ON ARTICLE 24
Paragraph 1
France accepts the provisions of paragraph 1 but wishes
to reserveaie possibility of granting only to French nationals
the exemption, provided for in its domestic laws, of sains from
tige alienation of immovable property which constitutes, whether
in wholo or in part, the rosidence in France of French nationals
who are domiciled abrn.c1..
The United Kingdom reserves its position on the second
sentence of paragraph 1.
Paragraph 4
Beî iium reserves the right to apply the provisions of
its internal law for the purpose of taxing the profits of
Belgian permanent establishments of companies and associations
resident in countries with which it undertakes negotiations,
whenever such an attitude is warranted by the general treatment
accorded in such countries to permanent establishments of corn-
panier, and associations resident in Belgium (paragraph 4).
Japan reserves the right not to extend to the permanent
establishments of non-residents the benefit of tax incentive
measures introduced for national policy objectives.
Paragraph 5
France accepts the provisions of paragraph 5 but wishes
to reserveTe possibility of applying the provisions in its
domestic laws relative to the limitation to the deduction of
interest paid by a French company to a foreign. ?parent company.
— 25 — CFA(76)7
Partie IV(lère révision)
RESERVATIONS ON ARTICI2_25
RESERVATIONS ON ARTICLE 26