Ez a törvény a Magyar Köztársaság és az Egyesült Királyság közötti megállapodást hirdeti ki, amelynek célja a jövedelem- és tőkenyereség-adók területén a kettős adóztatás elkerülése és az adóztatás kijátszásának megakadályozása.
HUNGARY AND THE UNITED KINGDOM
GREAT BRITAIN AND NORTHERN IRELAND FOR THE AVOIDANCE
DOUBLE TAXATION AND THE PREVENTION
FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL GAINS The Republic
Hungary and the United Kingdom
Great Britain and Northern Ireland, desiring to conclude a Convention for the avoidance
double taxation and the prevention
fiscal evasion with respect to taxes on income and capital gains, Have agreed as follows: ARTICLE 1 PERSONS COVERED This Convention shall apply to persons who are residents
one or both
the Contracting States. ARTICLE 2 TAXES COVERED
a Contracting State or
its political subdivisions or local authorities, irrespective
the manner in which they are levied.
income, including taxes on gains from the alienation
movable or immovable property, taxes on the total amounts
wages or salaries paid by enterprises, as well as taxes on capital appreciation.
Hungary: (
the United Kingdom: (
signature
this Convention in addition to, or in place
, the existing taxes. The competent authorities
the Contracting States shall notify each other
any significant changes that have been made in their respective taxation laws. ARTICLE 3 GENERAL DEFINITIONS
this Convention, unless the context otherwise requires: (a) the term „Hungary” means the Republic
Hungary and, when used in a geographical sense, means the territory
the Republic
Hungary; (b) the term „United Kingdom” means Great Britain and Northern Ireland, including any area outside the territorial sea
the United Kingdom designated under its laws concerning the Continental Shelf and in accordance with international law as an area within which the rights
the United Kingdom with respect to the sea bed and subsoil and their natural resources may be exercised; (
persons; (
any business; (g) the terms „enterprise
a Contracting State” and „enterprise
the other Contracting State” mean respectively an enterprise carried on by a resident
a Contracting State and an enterprise carried on by a resident
the other Contracting State; (h) the term „international traffic” means any transport by a ship or aircraft operated by an enterprise
a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; (i) the term „competent authority” means: (i) in the case
Hungary, the Minister for National Economy or his authorised representative; (ii) in the case
the United Kingdom, the Commissioners for Her Majesty’s Revenue and Customs or their authorised representative; (
Hungary; or any legal person, partnership, association or other entity deriving its status as such from the laws in force in Hungary; (ii) in relation to the United Kingdom, any British citizen, or any British subject not possessing the citizenship
any other Commonwealth country or territory, provided he has the right
abode in the United Kingdom; and any legal person, partnership, association or other entity deriving its status as such from the laws in force in the United Kingdom; (k) the term „business” includes the performance
professional services and
other activities
an independent character; (
one or more such arrangements.
this Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law
that State for the purposes
the taxes to which this Convention applies, any meaning under the applicable tax law
that State prevailing over a meaning given to the term under other laws
that State. ARTICLE 4 RESIDENT
this Convention, the term „resident
a Contracting State” means any person who, under the laws
that State, is liable to tax therein by reason
his domicile, residence, place
management, place
incorporation or any other criterion
a similar nature, and also includes that State and any other political subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only
income or capital gains from sources in that State.
a Contracting State” includes: (
those purposes) and that is a resident
that State according to its laws, notwithstanding that all or part
its income or gains may be exempt from tax under the domestic law
that State.
the provisions
paragraph
both Contracting States, then his status shall be determined as follows: (a) he shall be deemed to be a resident only
the Contracting State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only
the State with which his personal and economic relations are closer (centre
vital interests); (b) if the Contracting State in which he has his centre
vital interests cannot be determined, or if he does not have a permanent home available to him in either State, he shall be deemed to be a resident only
the State in which he has an habitual abode; (c) if he has an habitual abode in both Contracting States or in neither
them, he shall be deemed to be a resident only
the State
which he is a national; (d) if he is a national
both Contracting States or
neither
them, the competent authorities
the Contracting States shall settle the question by mutual agreement.
the provisions
paragraph
both Contracting States, then the competent authorities
the Contracting States shall determine by mutual agreement the Contracting State
which that person shall be deemed to be a resident for the purposes
this Convention. In the absence
a mutual agreement by the competent authorities
the Contracting States, the person shall not be considered a resident
either Contracting State for the purposes
claiming any benefits provided by the Convention, except those provided by Articles 24 and 25. ARTICLE 5 PERMANENT ESTABLISHMENT
this Convention, the term „permanent establishment” means a fixed place
business through which the business
an enterprise is wholly or partly carried on.
management; (
fice; (
extraction
natural resources.
this Article the term „permanent establishment” shall be deemed not to include: (a) the use
facilities solely for the purpose
storage, display or delivery
goods or merchandise belonging to the enterprise; (b) the maintenance
a stock
goods or merchandise belonging to the enterprise solely for the purpose
storage, display or delivery; (c) the maintenance
a stock
goods or merchandise belonging to the enterprise solely for the purpose
processing by another enterprise; (d) the maintenance
a fixed place
business solely for the purpose
purchasing goods or merchandise, or
collecting information, for the enterprise; (e) the maintenance
a fixed place
business solely for the purpose
carrying on, for the enterprise, any other activity
a preparatory or auxiliary character; (f) the maintenance
a fixed place
business solely for any combination
activities mentioned in sub-paragraphs (a) to (e), provided that the overall activity
the fixed place
business resulting from this combination is
a preparatory or auxiliary character.
paragraphs
an independent status to whom paragraph
an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf
the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect
any activities which that person undertakes for the enterprise, unless the activities
such person are limited to those mentioned in paragraph
business, would not make this fixed place
business a permanent establishment under the provisions
that paragraph.
an independent status, provided that such persons are acting in the ordinary course
their business.
a Contracting State controls or is controlled by a company which is a resident
the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not
itself constitute either company a permanent establishment
the other. ARTICLE 6 INCOME FROM IMMOVABLE PROPERTY
a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.
the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions
general law respecting landed property apply, usufruct
immovable property and rights to variable or fixed payments as consideration for the working
, or the right to work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as immovable property.
paragraph
immovable property.
paragraphs
an enterprise. ARTICLE 7 BUSINESS PROFITS
an enterprise
a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits
the enterprise may be taxed in the other State but only so much
them as is attributable to that permanent establishment.
paragraph
a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise
which it is a permanent establishment.
a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes
the permanent establishment, including executive and general administrative expenses so incurred, whether in the Contracting State in which the permanent establishment is situated or elsewhere.
the mere purchase by that permanent establishment
goods or merchandise for the enterprise.
the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary.
income or capital gains which are dealt with separately in other Articles
this Convention, then the provisions
those Articles shall not be affected by the provisions
this Article. ARTICLE 8 SHIPPING AND AIR TRANSPORT
a Contracting State from the operation
ships or aircraft in international traffic shall be taxable only in that State.
this Article, profits from the operation
ships or aircraft in international traffic include: (a) profits from the rental on a bareboat basis
ships or aircraft; and (b) profits from the use, maintenance or rental
containers (including trailers and related equipment for the transport
containers) used for the transport
goods or merchandise; where such rental or such use, maintenance or rental, as the case may be, is incidental to the operation
ships or aircraft in international traffic.
paragraph
a Contracting State participates directly or indirectly in the management, control or capital
an enterprise
the other Contracting State; or (b) the same persons participate directly or indirectly in the management, control or capital
an enterprise
a Contracting State and an enterprise
the other Contracting State; and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one
the enterprises, but, by reason
those conditions have not so accrued, may be included in the profits
that enterprise and taxed accordingly.
an enterprise
that State – and taxes accordingly – profits on which an enterprise
the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise
the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount
the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions
this Convention and the competent authorities
the Contracting States shall if necessary consult each other. ARTICLE 10 DIVIDENDS
a Contracting State to a resident
the other Contracting State may be taxed in that other State.
which the company paying the dividends is a resident and according to the laws
that State, but if the beneficial owner
the dividends is a resident
the other Contracting State, the tax so charged shall not exceed: (i) 10 per cent
the gross amount
the dividends, except as provided in sub-paragraph (a) (ii); (ii) 15 per cent
the gross amount
the dividends where those dividends are paid out
income (including gains) derived directly or indirectly from immovable property within the meaning
by an investment vehicle which distributes most
this income annually and whose income from such immovable property is exempted from tax; (b) shall, notwithstanding the provisions
sub-paragraph (a), be exempt from tax in the Contracting State
which the company paying the dividends is a resident if the beneficial owner
the dividends is: (i) a company which is a resident
the other Contracting State and controls, directly or indirectly, at least 10 per cent
the voting power in the company paying the dividends (other than where the dividends are paid by an investment vehicle as mentioned in subparagraph (a) (ii)); or (ii) a pension scheme. This paragraph shall not affect the taxation
the company in respect
the profits out
which the dividends are paid.
the State
which the company making the distribution is a resident.
paragraphs
the dividends, being a resident
a Contracting State, carries on business in the other Contracting State
which the company paying the dividends is a resident through a permanent establishment situated therein and the holding in respect
which the dividends are paid is effectively connected with such permanent establishment. In such case the provisions
a Contracting State derives profits or income from the other Contracting 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
that other State or insofar as the holding in respect
which the dividends are paid is effectively connected with a permanent establishment 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
profits or income arising in that other State.
the main purposes
any person concerned with the creation or assignment
the shares or other rights in respect
which the dividend is paid to take advantage
this Article by means
that creation or assignment. ARTICLE 11 INTEREST
the other Contracting State shall be taxable only in that other State.
every kind, whether or not secured by mortgage, and whether or not carrying a right to participate in the debtor’s profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. The term shall not include any item which is treated as a dividend under the provisions
. Penalty charges for late payment shall not be regarded as interest for the purposes
this Article.
paragraph
the interest, being a resident
a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, and the debt-claim in respect
which the interest is paid is effectively connected with such permanent establishment. In such case the provisions
a special relationship between the payer and the beneficial owner or between both
them and some other person, the amount
the interest paid exceeds, for whatever reason, the amount which would have been agreed upon by the payer and the beneficial owner in the absence
such relationship, the provisions
this Article shall apply only to the last-mentioned amount. In such case, the excess part
the payments shall remain taxable according to the laws
each Contracting State, due regard being had to the other provisions
this Convention.
the main purposes
any person concerned with the creation or assignment
the debt-claim in respect
which the interest is paid to take advantage
this Article by means
that creation or assignment. ARTICLE 12 ROYALTIES
the other Contracting State shall be taxable only in that other State.
any kind received as a consideration for the use
, or the right to use, any copyright
literary, artistic or scientific work including cinematograph films, any patent, trade mark, design or model, plan, secret formula or process, or for information (know-how) concerning industrial, commercial or scientific experience.
paragraph
the royalties, being a resident
a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, and the right or property in respect
which the royalties are paid is effectively connected with such permanent establishment. In such case the provisions
a special relationship between the payer and the beneficial owner or between both
them and some other person, the amount
the royalties exceeds, for whatever reason, the amount which would have been agreed upon by the payer and the beneficial owner in the absence
such relationship, the provisions
this Article shall apply only to the last-mentioned amount. In such case, the excess part
the payments shall remain taxable according to the laws
each Contracting State, due regard being had to the other provisions
this Convention.
the main purposes
any person concerned with the creation or assignment
the rights in respect
which the royalties are paid to take advantage
this Article by means
that creation or assignment. ARTICLE 13 CAPITAL GAINS
a Contracting State from the alienation
immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State.
a Contracting State from the alienation
shares or comparable interests deriving more than 50 per cent
their value directly or indirectly from immovable property situated in the other Contracting State may be taxed in that other State.
movable property forming part
the business property
a permanent establishment which an enterprise
a Contracting State has in the other Contracting State, including such gains from the alienation
such a permanent establishment (alone or with the whole enterprise), may be taxed in that other State.
a Contracting State from the alienation
ships or aircraft operated in international traffic by an enterprise
that State or movable property pertaining to the operation
such ships or aircraft shall be taxable only in that State.
any property other than that referred to in paragraphs
which the alienator is a resident. ARTICLE 14 INCOME FROM EMPLOYMENT
Articles 15, 17, 18 and 20, salaries, wages and other similar remuneration derived by a resident
a Contracting State in respect
an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.
paragraph
a Contracting State in respect
an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (
, an employer who is not a resident
the other State; and (c) the remuneration is not borne by a permanent establishment which the employer has in the other State.
this Article, remuneration derived by a resident
a Contracting State in respect
an employment exercised aboard a ship or aircraft operated in international traffic shall be taxable only in that State. ARTICLE 15 DIRECTORS’ FEES Directors’ fees and other similar payments derived by a resident
a Contracting State in his capacity as a member
the board
directors or the supervisory board
a company which is a resident
the other Contracting State may be taxed in that other State. ARTICLE 16 ARTISTES AND SPORTSMEN
Articles 7 and 14, income derived by a resident
a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsman, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State.
personal activities exercised by an entertainer or a sportsman in his capacity as such accrues not to the entertainer or sportsman himself but to another person, that income may, notwithstanding the provisions
Articles 7 and 14, be taxed in the Contracting State in which the activities
the entertainer or sportsman are exercised.
paragraphs
the entertainer or sportsman is exercised provided the visit to that State is wholly or mainly supported by public funds
either Contracting State, or a political subdivision or local authority thereof. In such a case, the income shall be taxable only in the Contracting State
which the entertainer or sportsman is a resident. ARTICLE 17 PENSIONS Subject to the provisions
paragraph
, pensions and other similar remuneration paid to an individual who is a resident
a Contracting State shall be taxable only in that State. ARTICLE 18 GOVERNMENT SERVICE
services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident
that State who: (i) is a national
that State; or (ii) did not become a resident
that State solely for the purpose
rendering the services; and is subject to tax in that State on such salaries, wages and other similar remuneration.
paragraph
funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect
services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such pensions and other similar remuneration shall be taxable only in the other Contracting State if the individual is a resident
, and a national
, that State.
Articles 14, 15, 16 and 17 shall apply to salaries, wages, pensions, and other similar remuneration in respect
services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ARTICLE 19 STUDENTS Payments which a student or business apprentice who is or was immediately before visiting a Contracting State a resident
the other Contracting State and who is present in the first-mentioned State solely for the purpose
his education or training receives for the purpose
his maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State. ARTICLE 20 LECTURERS AND RESEARCHERS
the Contracting States for a period not exceeding two years for the purpose
teaching or carrying out advanced study (including research) at a university, college or other recognised research institute or other establishment for higher education in that Contracting State and who was immediately before that visit a resident
the other Contracting State shall be exempt from tax in the first-mentioned Contracting State on any remuneration for such teaching or research for a period not exceeding two years from the date he first visits that Contracting State for such purpose.
this Article shall not apply to remuneration which an individual receives for conducting research if the research is undertaken primarily for the private benefit
a specific person or persons. ARTICLE 21 OTHER INCOME
income beneficially owned by a resident
a Contracting State, wherever arising, which are not dealt with in the foregoing Articles
this Convention, other than income paid out
trusts or out
the estates
deceased persons in the course
administration, shall be taxable only in that State.
paragraph
, if the beneficial owner
such income, being a resident
a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, and the right or property in respect
which the income is paid is effectively connected with such permanent establishment. In such case the provisions
a special relationship between the resident referred to in paragraph
them and some third person, the amount
the income referred to in that paragraph exceeds the amount (if any) which would have been agreed upon between them in the absence
such a relationship, the provisions
this Article shall apply only to the last-mentioned amount. In such a case, the excess part
the income shall remain taxable according to the laws
each Contracting State, due regard being had to the other applicable provisions
this Convention.
the main purposes
any person concerned with the creation or assignment
the rights in respect
which the income is paid to take advantage
this Article by means
that creation or assignment. ARTICLE 22 ELIMINATION
DOUBLE TAXATION
Hungary derives income which, in accordance with the provisions
this Convention, may be taxed in the United Kingdom, and is so taxed in the United Kingdom, Hungary shall, subject to the provisions
sub-paragraph (b) and paragraph
Hungary derives items
income which, in accordance with the provisions
, may be taxed in the United Kingdom, Hungary shall allow as a deduction from the tax on the income
that resident an amount equal to the tax paid in the United Kingdom. Such deduction shall not, however, exceed that part
the tax, as computed before the deduction is given, which is attributable to such items
income derived from the United Kingdom.
the law
the United Kingdom regarding the allowance as a credit against United Kingdom tax
tax payable in a territory outside the United Kingdom or, as the case may be, regarding the exemption from United Kingdom tax
a dividend arising in a territory outside the United Kingdom (which shall not affect the general principle hereof): (a) Hungarian tax payable under the laws
Hungary and in accordance with this Convention, whether directly or by deduction, on profits, income or chargeable gains from sources within Hungary (excluding in the case
a dividend, tax payable in respect
the profits out
which the dividend is paid) shall be allowed as a credit against any United Kingdom tax computed by reference to the same profits, income or chargeable gains by reference to which the Hungarian tax is computed; (b) a dividend derived by a company which is a resident
the United Kingdom from a company which is a resident
Hungary shall be exempted from tax in the United Kingdom; (c) in the case
a dividend not exempted from tax under sub-paragraph (b) above (because the conditions for exemption under the law
the United Kingdom are not met) which is paid by a company which is a resident
Hungary to a company which is a resident
the United Kingdom and which controls directly or indirectly at least 10 per cent
the voting power in the company paying the dividend, the credit mentioned in sub-paragraph (a) above shall also take into account the Hungarian tax payable by the company in respect
its profits out
which such dividend is paid.
paragraphs
a Contracting State which may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State.
the Convention income derived by a resident
a Contracting State is exempt from tax in that State, such State may nevertheless, in calculating the amount
tax on the remaining income
such resident, take into account the exempted income. ARTICLE 23 MISCELLANEOUS PROVISIONS
this Convention any income or gains are relieved from tax in a Contracting State and, under the law in force in the other Contracting State a person, in respect
that income or those gains, is subject to tax by reference to the amount thereof which is remitted to or received in that other State and not by reference to the full amount thereof, then the relief to be allowed under this Convention in the first-mentioned State shall apply only to so much
the income or gains as is taxed in the other State.
this Convention, where an enterprise
a Contracting State derives income from the other Contracting State, and that income is attributable to a permanent establishment which that enterprise has in a third jurisdiction, the tax benefits that would otherwise apply under the other provisions
the Convention will not apply to that income if the combined tax that is actually paid with respect to such income in the first-mentioned Contracting State and in the third jurisdiction is less than 60 per cent
the tax that would have been payable in the first-mentioned State if the income were earned in that Contracting State by the enterprise and were not attributable to the permanent establishment in the third jurisdiction. Any dividends, interest or royalties to which the provisions
this paragraph apply shall be subject to tax at a rate that shall not exceed 15 per cent
the gross amount thereof. Any other income to which the provisions
this paragraph apply will be subject to tax under the provisions
the domestic law
the other Contracting State, notwithstanding any other provision
the Convention. The provisions
this paragraph shall not apply if: (a) in the case
royalties, the royalties are received as compensation for the use
, or the right to use, intangible property produced or developed by the permanent establishment itself; or (b) in the case
any other income, the income derived from the other Contracting State is derived in connection with, or is incidental to, the active conduct
a trade or business carried on by the permanent establishment in the third jurisdiction (other than the business
making, managing or simply holding investments for the enterprise’s own account, unless these activities are banking or securities activities carried on by a bank or registered securities dealer). ARTICLE 24 NON-DISCRIMINATION
a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals
that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions
, also apply to persons who are not residents
one or both
the Contracting States.
a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises
that other State carrying on the same activities.
paragraph
apply, interest, royalties and other disbursements paid by an enterprise
a Contracting State to a resident
the other Contracting State shall, for the purpose
determining the taxable profits
such enterprise, be deductible under the same conditions as if they had been paid to a resident
the first-mentioned State.
a Contracting State, the capital
which is wholly or partly owned or controlled, directly or indirectly by one or more residents
the other Contracting State, shall not be subjected in the first-mentioned Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises
the first-mentioned State are or may be subjected.
the personal allowances, reliefs and reductions for tax purposes which are granted to individuals so resident or to its nationals. ARTICLE 25 MUTUAL AGREEMENT PROCEDURE
one or both
the Contracting States result or will result for him in taxation not in accordance with the provisions
this Convention, he may, irrespective
the remedies provided by the domestic law
those States, present his case to the competent authority
the Contracting State
which he is a resident or, if his case comes under paragraph
, to that
the Contracting State
which he is a national.
the other Contracting State, with a view to the avoidance
taxation which is not in accordance with this Convention. Any agreement reached shall be implemented notwithstanding any time limits or other procedural limitations in the domestic law
the Contracting States except such limitations as apply for the purposes
giving effect to such an agreement.
the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application
the Convention. They may also consult together for the elimination
double taxation in cases not provided for in the Convention.
the Contracting States may communicate with each other directly for the purpose
reaching an agreement in the sense
the preceding paragraphs. ARTICLE 26 EXCHANGE
INFORMATION
the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions
this Convention or to the administration or enforcement
the domestic laws concerning taxes
every kind and description imposed on behalf
the Contracting States or
their political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to this Convention, in particular, to prevent fraud and to facilitate the administration
statutory provisions against tax avoidance. The exchange
information is not restricted by Articles 1 and 2.
that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection
, the enforcement or prosecution in respect
, or the determination
appeals in relation to the taxes referred to in paragraph
the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
paragraphs
that or
the other Contracting State; (b) to supply information which is not obtainable under the laws or in the normal course
the administration
that or
the other Contracting State; (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure
which would be contrary to public policy.
paragraph
paragraph
DIPLOMATIC OR PERMANENT MISSIONS AND CONSULAR POSTS Nothing in this Convention shall affect the fiscal privileges
members
diplomatic or permanent missions or consular posts under the general rules
international law or under the provisions
special agreements. ARTICLE 28 ENTRY INTO FORCE
the Contracting States shall notify the other, through diplomatic channels,
the completion
the procedures required by its law for the bringing into force
this Convention. This Convention shall enter into force on the 30th day following the receipt
the later
these notifications and shall thereupon have effect: (a) in Hungary: (i) in respect
taxes withheld at source, to income derived on or after 1 st January in the calendar year next following that in which this Convention enters into force; (ii) in respect
other taxes on income, to taxes chargeable for any tax year beginning on or after 1st January in the calendar year next following that in which this Convention enters into force; (b) in the United Kingdom: (i) in respect
taxes withheld at source, to income derived on or after 1 st January in the calendar year next following that in which this Convention enters into force; (ii) subject to sub-paragraph (b)(i) above, in respect
income tax and capital gains tax, for any year
assessment beginning on or after 6th April in the calendar year next following that in which this Convention enters into force; (iii) in respect
corporation tax, for any financial year beginning on or after 1 st April in the calendar year next following that in which this Convention enters into force.
Great Britain and Northern Ireland signed at Budapest on 28th November 1977 („the prior Convention”) shall cease to be effective from the dates upon which this Convention has effect in accordance with the provisions
paragraph
this Convention, an individual who is entitled to the benefits
(Teachers)
the prior Convention at the time
entry into force
this Convention shall continue to be entitled to such benefits until such time as the individual would have ceased to be entitled to such benefits if the prior Convention had remained in force. ARTICLE 29 TERMINATION This Convention shall remain in force until terminated by one
the Contracting States. Either Contracting State may terminate this Convention, through diplomatic channels, by giving notice
termination at least six months before the end
any calendar year beginning after the expiry
five years from the date
entry into force
this Convention. In such event, this Convention shall cease to have effect: (a) in Hungary: (i) in respect
taxes withheld at source, to income derived on or after 1 st January in the calendar year next following that in which the notice is given; (ii) in respect
other taxes on income, to taxes chargeable for any tax year beginning on or after 1st January in the calendar year next following that in which the notice is given; (b) in the United Kingdom: (i) in respect
taxes withheld at source, to income derived on or after 1 st January in the calendar year next following that in which the notice is given; (ii) subject to sub-paragraph (b)(i) above, in respect
income tax and capital gains tax, for any year
assessment beginning on or after 6th April in the calendar year next following that in which the notice is given; (iii) in respect
corporation tax, for any financial year beginning on or after 1 st April in the calendar year next following that in which the notice is given. In witness whereof the undersigned, duly authorised thereto, have signed this Convention. Done in duplicate at Budapest this 7th day
September 2011, in the Hungarian and English languages, each text being equally authoritative. For the Republic
Hungary: For the United Kingdom
Great Britain and Northern Ireland: (signatures) PROTOCOL At the moment
signing the Convention for the avoidance
double taxation and the prevention
fiscal evasion with respect to taxes on income and on capital gains, this day concluded between Hungary and the United Kingdom, the undersigned have agreed upon the following provisions which shall be an integral part
the Convention:
a mutual agreement referred to in paragraph
, the competent authorities may nevertheless consult together for the elimination
double taxation as envisaged by paragraph
pensions, representatives
the two Governments will consult before 2013 to re-examine the provisions
: It is understood that access to the mutual agreement procedure is subject to the time limits specified in the domestic laws
the Contracting States. In witness whereof the undersigned, duly authorised thereto, have signed this Protocol. Done in duplicate at Budapest this 7th day
September 2011., in the Hungarian and English languages, each text being equally authoritative. For the Republic
Hungary: For the United Kingdom
Great Britain and Northern Ireland: (signatures)” 4. §
MI-magyarázat a hivatalos jogszabályszöveg alapján. Tájékoztató jellegű, nem helyettesíti a jogi tanácsadást.