ficiel du Grand-Duché de Luxembourg Amtsblatt des Großherzogtums Luxemburg RECUEIL DE LEGISLATION A –– –– N° N°123 110 A 22juillet mai 2009 15 2014 Sommaire Loi du 12 juillet 2014 portant des dispositions fiscales diverses en vue de l’application de l’Accord entre l’Administration des Contributions Directes du Luxembourg et l’Agence des impôts du Ministère des Finances à Taipei, Taïwan tendant à éviter les doubles impositions et à prévenir la fraude fiscale en matière d’impôts sur le revenu et sur la fortune, et le Protocole y relatif, signés à Luxembourg le 19 décembre 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 1770 1770 Loi du 12 juillet 2014 portant des dispositions fiscales diverses en vue de l’application de l’Accord entre l’Administration des Contributions Directes du Luxembourg et l’Agence des impôts du Ministère des Finances à Taipei, Taïwan tendant à éviter les doubles impositions et à prévenir la fraude fiscale en matière d’impôts sur le revenu et sur la fortune, et le Protocole y relatif, signés à Luxembourg le 19 décembre
Luxembourg and the Taxation Agency
the Ministry
Finance in Taipei, Taiwan for the avoidance
double taxation and the prevention
fiscal evasion with respect to taxes on income and on capital The Direct Tax Administration
Luxembourg and the Taxation Agency
the Ministry
Finance in Taipei, Taiwan Desiring to conclude an Agreement for the avoidance
double taxation and the prevention
fiscal evasion with respect to taxes on income and on capital, have agreed as follows: Article 1 Persons covered This Agreement shall apply to persons who are residents
one or both
the territories referred to in paragraph 3
This Agreement shall apply to taxes on income and on capital imposed on behalf
each territory or
its political subdivisions or local authorities, irrespective
the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements
income or
capital, 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. 3. The existing taxes to which the Agreement shall apply are in particular: a) in the territory in which the taxation law administered by the Direct Tax Administration (Administration des Contributions Directes)
Luxembourg is applied: (
the Ministry
Finance in Taipei, Taiwan are applied: (
signature
the Agreement in addition to, or in place
, the existing taxes. The competent authorities
the territories shall notify each other
any significant changes that have been made in their taxation laws. Article 3 General definitions 1. For the purposes
this Agreement, unless the context otherwise requires: a) the term «territory» means the territory referred to in paragraph 3a) or 3b)
The terms «other territory» and «territories» shall be construed accordingly; b) the term «person» includes an individual, a company and any other body
persons;
a territory» and «enterprise
the other territory» mean respectively an enterprise carried on by a resident
a territory and an enterprise carried on by a resident
the other territory; e) the term «international traffic» means any transport by a ship or aircraft operated by an enterprise
a territory, except when the ship or aircraft is operated solely between places in the other territory; f) the term «competent authority» means: (i) in the case
the territory in which the taxation law administered by the Direct Tax Administration (Administration des Contributions Directes)
Luxembourg is applied, the Director
Taxes or his authorised representative; 1772 (ii) in the case
the territory in which the taxation law administered by the Taxation Agency
the Ministry
Finance in Taipei, Taiwan is applied, the Director General
the Taxation Agency or his authorised representative. 2. As regards the application
the Agreement at any time by a territory, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law
that territory for the purposes
the taxes to which the Agreement applies, any meaning under the applicable tax laws
that territory prevailing over a meaning given to the term under other laws
that territory. Article 4 Resident 1. For the purposes
this Agreement, the term «resident
a territory» means any person who, under the laws
that territory, is liable to tax therein by reason
his domicile, residence, place
management, place
incorporation or any other criterion
a similar nature, and also includes the authority administering a territory or any political subdivision or local authority thereof. 2. A person is not a resident
a territory for the purposes
this Agreement if that person is liable to tax in that territory in respect only
income from sources in that territory or capital situated therein, provided that this paragraph shall not apply to individuals who are residents
the territory referred to in paragraph 3b)
, as long as resident individuals are taxed only in respect
income from sources in that territory in accordance with its Income Tax Act. 3. Where by reason
the provisions
paragraph 1 an individual is a resident
both territories, then his status shall be determined as follows: a) he shall be deemed to be a resident only
the territory in which he has a permanent home available to him; if he has a permanent home available to him in both territories, he shall be deemed to be a resident only
the territory with which his personal and economic relations are closer (centre
vital interests); b) if the territory in which he has his centre
vital interests cannot be determined, or if he has not a permanent home available to him in either territory, he shall be deemed to be a resident only
the territory in which he has an habitual abode; c) if he has an habitual abode in both territories or in neither
them, the competent authorities
the territories shall settle the question by mutual agreement. 4. Where by reason
the provisions
paragraph 1 a person other than an individual is a resident
both territories, the competent authorities
the territories shall endeavour to determine by mutual agreement the territory
which such person shall be deemed to be a resident for the purposes
the Agreement, having regard to its place
effective management, the place where it is incorporated or otherwise constituted and any other relevant factors. In the absence
such agreement, such person shall not be entitled to any relief or exemption from tax provided by this Agreement except to the extent and in such manner as may be agreed upon by the competent authorities
the territories. Article 5 Permanent establishment 1. For the purposes
this Agreement, the term «permanent establishment» means a fixed place
business through which the business
an enterprise is wholly or partly carried on. 2. The term «permanent establishment» includes especially: a) a place
management;
fice;
extraction
natural resources. 3. The term «permanent establishment» also encompasses:
services, including consultancy services, by an enterprise
a territory through employees or other personnel or persons engaged by the enterprise for such purpose, but only if activities
that nature continue (for the same or a connected project) in the other territory for a period or periods aggregating more than 6 months within any twelve-month period. 4. Notwithstanding the preceding provisions
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; 1773 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 paragraphs a) to e), provided that the overall activity
the fixed place
business resulting from this combination is
a preparatory or auxiliary character. 5. Notwithstanding the provisions
paragraphs 1 and 2, where a person – other than an agent
an independent status to whom paragraph 6 applies – is acting on behalf
an enterprise and has, and habitually exercises, in a territory an authority to conclude contracts in the name
the enterprise, that enterprise shall be deemed to have a permanent establishment in that territory in respect
any activities which that person undertakes for the enterprise, unless the activities
such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place
business, would not make this fixed place
business a permanent establishment under the provisions
that paragraph. 6. An enterprise shall not be deemed to have a permanent establishment in a territory merely because it carries on business in that territory through a broker, general commission agent or any other agent
an independent status, provided that such persons are acting in the ordinary course
their business. 7. The fact that a company which is a resident
a territory controls or is controlled by a company which is a resident
the other territory, or which carries on business in that other territory (whether through a permanent establishment or otherwise), shall not
itself constitute either company a permanent establishment
the other. Article 6 Income from immovable property 1. Income derived by a resident
a territory from immovable property (including income from agriculture or forestry) situated in the other territory may be taxed in that other territory. 2. The term «immovable property» shall have the meaning which it has under the law
the territory 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, boats and aircraft shall not be regarded as immovable property. 3. The provisions
paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form
immovable property. 4. The provisions
paragraphs 1 and 3 shall also apply to the income from immovable property
an enterprise and to income from immovable property used for the performance
independent personal services. Article 7 Business profits 1. The profits
an enterprise
a territory shall be taxable only in that territory unless the enterprise carries on business in the other territory through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits
the enterprise may be taxed in the other territory but only so much
them as is attributable to that permanent establishment. 2. Subject to the provisions
paragraph 3, where an enterprise
a territory carries on business in the other territory through a permanent establishment situated therein, there shall in each territory 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. 3. In determining the profits
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 territory in which the permanent establishment is situated or elsewhere. 4. Insofar as it has been customary in a territory to determine the profits to be attributed to a permanent establishment on the basis
an apportionment
the total profits
the enterprise to its various parts, nothing in paragraph 2 shall preclude that territory from determining the profits to be taxed by such an apportionment as may be customary; the method
apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 5. No profits shall be attributed to a permanent establishment by reason
the mere purchase by that permanent establishment
goods or merchandise for the enterprise. 6. For the purposes
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. 1774 7. Where profits include items
income which are dealt with separately in other Articles
this Agreement, then the provisions
those Articles shall not be affected by the provisions
this Article. Article 8 Shipping and air transport 1. Profits
an enterprise
a territory from the operation
ships or aircraft in international traffic shall be taxable only in that territory. 2. For the purposes
this Article, profits from the operation
ships or aircraft in international traffic include: a) profits from the rental on a full (time or voyage) basis or 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. 3. The provisions
paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency, but only so much
the profits so derived as is attributable to the participant in proportion to its share in the joint operation. Article 9 Associated enterprises Where a) an enterprise
a territory participates directly or indirectly in the management, control or capital
an enterprise
the other territory, or b) the same persons participate directly or indirectly in the management, control or capital
an enterprise
a territory and an enterprise
the other territory, 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. 2. Where a territory includes in the profits
an enterprise
that territory – and taxes accordingly – profits on which an enterprise
the other territory has been charged to tax in that other territory and the profits so included are profits which would have accrued to the enterprise
the first-mentioned territory if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other territory shall make an appropriate adjustment to the amount
the tax charged therein on those profits if that other territory considers the adjustment justified. In determining such adjustment, due regard shall be had to the other provisions
this Agreement and the competent authorities
the territories shall if necessary consult each other.
a territory to a resident
the other territory may be taxed in that other territory. 2. However, such dividends may also be taxed in the territory
which the company paying the dividends is a resident and according to the laws
that territory, but if the beneficial owner
the dividends is a resident
the other territory, the tax so charged shall not exceed: a) 15 per cent
the gross amount
the dividends if the beneficial owner
the dividends is a collective investment vehicle established in the other territory and treated as a body corporate for tax purposes in that other territory; b) 10 per cent
the gross amount
the dividends in all other cases. This paragraph shall not affect the taxation
the company in respect
the profits out
which the dividends are paid. 3. The term «dividends» as used in this Article means income from shares, «jouissance» shares or «jouissance» rights, mining shares, 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
the territory
which the company making the distribution is a resident. 4. The provisions
paragraphs 1 and 2 shall not apply if the beneficial owner
the dividends, being a resident
a territory, carries on business in the other territory
which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other territory independent personal services from a fixed base situated therein and the holding in respect
which the dividends are paid is effectively connected with such 1775 permanent establishment or fixed base. In such case the provisions
5. Where a company which is a resident
a territory derives profits or income from the other territory, that other territory may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident
that other territory or insofar as the holding in respect
which the dividends are paid is effectively connected with such permanent establishment or fixed base situated in that other territory, 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 such other territory. Article 11 Interest 1. Interest arising in a territory and paid to a resident
the other territory may be taxed in that other territory. 2. However, such interest may also be taxed in the territory in which it arises and according to the laws in force in that territory, but if the beneficial owner
the interest is a resident
the other territory, the tax so charged shall not exceed: a) 15 per cent
the gross amount
the interest if the beneficial owner
the interest is a collective investment vehicle established in the other territory and treated as a body corporate for tax purposes in that other territory; b) 10 per cent
the gross amount
the interest in all other cases. 3. Notwithstanding the provisions
paragraph 2, interest arising in a territory shall be exempt from tax in that territory if it is paid:
a loan granted, guaranteed or insured or a credit extended, guaranteed or insured by an approved instrumentality
the other territory which aims at promoting export; c) on loans made between banks. 4. The term «interest» as used in this Article means income from debt-claims
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. Penalty charges for late payment shall not be regarded as interest for the purpose
this Article. 5. The provisions
paragraphs 1, 2 and 3 shall not apply if the beneficial owner
the interest, being a resident
a territory, carries on business in the other territory in which the interest arises, through a permanent establishment situated therein, or performs in that other territory independent personal services from a fixed base situated therein and the debt-claim in respect
which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions
6. Interest shall be deemed to arise in a territory when the payer is a resident
that territory. Where, however, the person paying the interest, whether he is a resident
a territory or not, has in a territory a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the territory in which the permanent establishment or fixed base is situated. 7. Where, by reason
a special relationship between the payer and the beneficial owner or between both
them and some other person, the amount
the interest, having regard to the debt-claim for which it is paid, exceeds 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 territory, due regard being had to the other provisions
this Agreement. Article 12 Royalties 1. Royalties arising in a territory and paid to a resident
the other territory may be taxed in that other territory. 2. However, such royalties may also be taxed in the territory in which they arise and according to the laws
that territory, but if the recipient is the beneficial owner
the royalties the tax so charged shall not exceed 10 per cent
the gross amount
the royalties. 3. The term «royalties» as used in this Article means payments
any kind received as a consideration for the use
, or the right to use, any copyright
literary, artistic or scientific work including cinematograph films and films or tapes for television or radio broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions
paragraphs 1 and 2 shall not apply if the beneficial owner
the royalties, being a resident
a territory, carries on business in the other territory in which the royalties arise, through a permanent establishment situated therein, or performs in that other territory independent personal services from a fixed base situated therein 1776 and the right or property in respect
which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions
5. Royalties shall be deemed to arise in a territory when the payer is a resident
that territory. Where, however, the person paying the royalties, whether he is a resident
a territory or not, has in a territory a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the territory in which the permanent establishment or fixed base is situated. 6. Where, by reason
a special relationship between the payer and the beneficial owner or between both
them and some other person, the amount
the royalties, having regard to the use, right or information for which they are paid, exceeds 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 territory, due regard being had to the other provisions
this Agreement. Article 13 Capital gains 1. Gains derived by a resident
a territory from the alienation
immovable property referred to in Article 6 and situated in the other territory may be taxed in that other territory. 2. Gains from the alienation
movable property forming part
the business property
a permanent establishment which an enterprise
a territory has in the other territory or
movable property pertaining to a fixed base available to a resident
a territory in the other territory for the purpose
performing independent personal services, including such gains from the alienation
such a permanent establishment (alone or with the whole enterprise) or
such fixed base, may be taxed in that other territory. 3. Gains derived by an enterprise
a territory from the alienation
ships or aircraft operated in international traffic or movable property pertaining to the operation
such ships or aircraft, shall be taxable only in that territory. 4. Gains from the alienation
any property other than that referred to in paragraphs 1, 2 and 3 shall be taxable only in the territory
which the alienator is a resident. Article 14 Independent personal services 1. Income derived by a resident
a territory in respect
professional services or other activities
an independent character shall be taxable only in that territory except in the following circumstances, when such income may also be taxed in the other territory: a) if he has a fixed base regularly available to him in the other territory for the purpose
performing his activities; in that case, only so much
the income as is attributable to that fixed base may be taxed in that other territory; or b) if his stay in the other territory is for a period or periods amounting to or exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the calendar year concerned; in that case, only so much income as is derived from his activities performed in that other territory may be taxed in that other territory. 2. The term «professional services» includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities
physicians, lawyers, engineers, architects, dentists and accountants. Article 15 Dependent personal services 1. Subject to the provisions
Articles 16, 18 and 19, salaries, wages and other similar remuneration derived by a resident
a territory in respect
an employment shall be taxable only in that territory unless the employment is exercised in the other territory. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other territory. 2. Notwithstanding the provisions
paragraph 1, remuneration derived by a resident
a territory in respect
an employment exercised in the other territory shall be taxable only in the first-mentioned territory if:
, an employer who is not a resident
the other territory, and c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other territory. 3. Notwithstanding the preceding provisions
this Article, remuneration derived in respect
an employment exercised aboard a ship or aircraft operated in international traffic, may be taxed in the territory
which the enterprise is a resident. 1777 Article 16 Directors’ fees Directors’ fees and other similar payments derived by a resident
a territory in his capacity as a member
the board
directors
a company which is a resident
the other territory may be taxed in that other territory. Article 17 Artistes and sportspersons 1. Notwithstanding the provisions
Articles 14 and 15, income derived by a resident
a territory as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from his personal activities as such exercised in the other territory, may be taxed in that other territory. 2. Where income in respect
personal activities exercised by an entertainer or a sportsperson in his capacity as such accrues not to the entertainer or sportsperson himself but to another person, that income may, notwithstanding the provisions
Articles 7, 14 and 15, be taxed in the territory in which the activities
the entertainer or sportsperson are exercised. 3. The provisions
paragraphs 1 and 2 shall not apply to income derived from activities exercised in a territory by an artistes or sportsperson if the visit to that territory is wholly or mainly supported by public funds
one or both
the authorities administering a territory or any political subdivision or local authority thereof. In such case, the income is taxable only in the territory
which the artiste or the sportsperson is a resident. Article 18 Pensions and annuities 1. Pensions and other similar remuneration paid to a resident
a territory in consideration
past employment, shall be taxable only in the territory in which they arise. This provision shall also apply to annuities and to pensions and other similar remuneration paid by an entity
a territory under social security legislation in force in that territory or under a public scheme organised by that territory in order to supplement the benefits
that social security legislation. 2. The term «annuity» means a stated sum payable periodically at stated times during life or during a specified or ascertainable period
time under an obligation to make the payments in return for adequate and full consideration in money or money’s worth. Article 19 Government service a) Salaries, wages and other similar remuneration, other than a pension or annuity, paid by an authority administering a territory, a political subdivision or a local authority thereof to an individual in respect
services rendered to that territory or subdivision or authority shall be taxable only in that territory. b) However, such salaries, wages and other similar remuneration shall be taxable only in the other territory if the services are rendered in that territory and the individual is a resident
that territory who: (i) is a national
that territory; or (ii) did not become a resident
that territory solely for the purpose
rendering the services. 2. The provisions
Articles 15, 16, 17 and 18 shall apply to salaries, wages, pensions or annuities, and other similar remuneration in respect
services rendered in connection with a business carried on by an authority administering a territory or a political subdivision or a local authority thereof. 1. Article 20 Students Payments which a student or business apprentice who is or was immediately before visiting a territory a resident
the other territory and who is present in the first-mentioned territory solely for the purpose
his education or training receives for the purpose
his maintenance, education or training shall not be taxed in that territory, provided that such payments arise from sources outside that territory. Article 21 Other income 1. Items
income
a resident
a territory, wherever arising, not dealt with in the foregoing Articles
this Agreement shall be taxable only in that territory. 2. The provisions
paragraph 1 shall not apply to income, other than income from immovable property as defined in paragraph 2
, if the recipient
such income, being a resident
a territory, carries on business in the other territory through a permanent establishment situated therein, or performs in that other territory independent personal service from a fixed base situated therein, and the right or property in respect
which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions
1778 3. Notwithstanding the provisions
paragraphs 1 and 2
this Article, items
income
a resident
a territory not dealt with in the foregoing articles
this Agreement and arising in the other territory may also be taxed in that other territory. Article 22 Capital 1. Capital represented by immovable property referred to in Article 6, owned by a resident
a territory and situated in the other territory, may be taxed in that other territory. 2. Capital represented by movable property forming part
the business property
a permanent establishment which an enterprise
a territory has in the other territory or by movable property pertaining to a fixed base available to a resident
a territory in the other territory for the purpose
performing independent personal services may be taxed in that other territory. 3. Capital
an enterprise
a territory represented by ships and aircraft operated in international traffic, and by movable property pertaining to the operation
such ships and aircraft, shall be taxable only in that territory. 4. All other elements
capital
a resident
a territory shall be taxable only in that territory. Article 23 Elimination
double taxation 1. Subject to the provisions
the law
the territory referred to in paragraph 3a)
regarding the elimination
double taxation which shall not affect the general principle hereof, double taxation shall be eliminated as follows: a) where a resident
the territory referred to in paragraph 3a)
derives income or owns capital which, in accordance with the provisions
this Agreement, may be taxed in the other territory, the first-mentioned territory shall, subject to the provisions
paragraphs b) and c), exempt such income or capital from tax, but may, in order to calculate the amount
tax on the remaining income or capital
the resident, apply the same rates
tax as if the income or capital had not been exempted; b) where a resident
the territory referred to in paragraph 3a)
derives income which, in accordance with the provisions
Articles 10, 11, 12, 17 and paragraph 3
may be taxed in the other territory, the first-mentioned territory shall allow as a deduction from the income tax on individuals or from the corporation tax
that resident an amount equal to the tax paid in the other territory. 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 other territory; c) the provisions
paragraph a) shall not apply to income derived or capital owned by a resident
the territory referred to in paragraph 3a)
where the other territory applies the provisions
this Agreement to exempt such income or capital from tax or applies the provisions
paragraph 2
2. Subject to the provisions
the law
the territory referred to in paragraph 3b)
regarding the elimination
double taxation, double taxation shall be eliminated as follows: where a resident
the territory referred to in paragraph 3b)
derives income from the other territory, the amount
tax on that income paid in that other territory (but excluding, in the case
a dividend, tax paid in respect
the profits out
which the dividend is paid) and in accordance with the provisions
this Agreement, shall be credited against the tax levied in the first-mentioned territory imposed on that resident. The amount
credit, however, shall not exceed the amount
the tax in the first-mentioned territory on that income computed in accordance with its taxation laws and regulations. Article 24 Non-discrimination 1. Nationals
a territory shall not be subjected in the other territory 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 territory 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 territories. 2. The taxation on a permanent establishment which an enterprise
a territory has in the other territory shall not be less favourably levied in that other territory than the taxation levied on enterprises
that other territory carrying on the same activities. This provision shall not be construed as obliging a territory to grant to residents
the other territory any personal allowances, reliefs and reductions for taxation purposes on account
civil status or family responsibilities which it grants to its own residents. 3. Except where the provisions
paragraph 1
, paragraph 7
, or paragraph 6
, apply, interest, royalties and other disbursements paid by an enterprise
a territory to a resident
the other territory 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 territory. Similarly, any debts
an enterprise
a territory to a 1779 resident
the other territory shall, for the purpose
determining the taxable capital
such enterprise, be deductible under the same conditions as if they had been contracted to a resident
the first-mentioned territory. 4. Enterprises
a territory, the capital
which is wholly or partly owned or controlled, directly or indirectly, by one or more residents
the other territory, shall not be subjected in the first-mentioned territory 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 territory are or may be subjected. 5. The provisions
this Article shall apply to taxes which are the subject
this Agreement. 6. This Article shall not be construed so as to apply to any provision
the laws
a territory which: a) does not allow tax rebates, credits or exemption in relation to dividends paid by a company that is a resident
that territory for purposes
its tax; or b) is designed for the purpose
the promotion
economic development and public policy and is not applicable in the case
a permanent establishment
an enterprise which is a resident
the other territory provided that the first mentioned territory does not impose income tax on the earnings which are repatriated to that enterprise by its permanent establishment. Article 25 Mutual agreement procedure 1. Where a person considers that the actions
one or both
the territories result or will result for him in taxation not in accordance with the provisions
this Agreement, he may, irrespective
the remedies provided by the domestic law
those territories, present his case to the competent authority
the territory
which he is a resident or, if his case comes under paragraph 1
, to that
the territory
which he is a national. The case must be presented within three years from the first notification
the action resulting in taxation not in accordance with the provisions
the Agreement. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority
the other territory, with a view to the avoidance
taxation which is not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law
the territories. 3. The competent authorities
the territories shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application
the Agreement. They may also consult together for the elimination
double taxation in cases not provided for in the Agreement. 4. The competent authorities
the territories may communicate with each other directly for the purpose
reaching an agreement in the sense
the preceding paragraphs. Article 26 Exchange
information 1. The competent authorities
the territories shall exchange such information as is foreseeably relevant for carrying out the provisions
this Agreement or to the administration or enforcement
the domestic laws concerning taxes covered by this Agreement imposed on behalf
the territories, or
their political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to the Agreement. The exchange
information is not restricted by Article
that territory 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
, the determination
appeals in relation to the taxes referred to in paragraph 1, or the oversight
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. 3. In no case shall the provisions
paragraphs 1 and 2 be construed so as to impose on a territory the obligation: a) to carry out administrative measures at variance with the laws and administrative practice
that or
the other territory; b) to supply information which is not obtainable under the laws or in the normal course
the administration
that or
the other territory; 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 (ordre public). 4. If information is requested by a territory in accordance with this Article, the other territory shall use its information gathering measures to obtain the requested information, even though that other territory may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations
paragraph 3 but in no case shall such limitations be construed to permit a territory to decline to supply information solely because it has no domestic interest in such information. 5. In no case shall the provisions
paragraph 3 be construed to permit a territory to decline to supply information upon request solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person. 1780 Article 27 Limitation on benefits Notwithstanding the provisions
any other Article
this Agreement, a resident
a territory shall not receive the benefit
any reduction in or exemption from tax provided for in the Agreement by the other territory if as a result
consultations between the competent authorities
both territories it is established that the conduct
operations by such resident had for the main purpose or one
the main purposes to obtain the benefits
this Agreement. Article 28 Staff
representative
fices The provisions
are applicable to staff
the Luxembourg Trade and Investment
fice, Taipei and staff
the representative
fice responsible for relations with Luxembourg sent by the governing authorities
Taiwan. Article 29 Entry into force 1. The Agreement shall be approved in accordance with the internal legal procedures under the laws in force
both territories. The Agreement shall enter into force on the date
the later notification
the competent authorities that the internal legal procedures have been completed. 2. The Agreement shall have effect: a) in respect
taxes withheld at source, to income payable on or after 1st January
the calendar year next following the year in which the Agreement enters into force; b) in respect
other taxes on income, and taxes on capital, to taxes chargeable for any taxable year beginning on or after 1st January
the calendar year next following the year in which the Agreement enters into force. Article 30 Termination 1. The Agreement shall be applicable indefinitely in each territory. The competent authorities
the territories may communicate with each other for the purpose
the termination
this Agreement. In that event, the information
termination to the other territory shall be given at least six months before the end
any calendar year beginning after the expiration
a period
five years from the date
the entry into force
this Agreement. 2. The Agreement shall cease to have effect: a) in respect
taxes withheld at source, to income payable on or after 1st January
the calendar year next following the year in which the information
termination is given; b) in respect
other taxes on income, and taxes on capital, to taxes chargeable for any taxable year beginning on or after 1st January
the calendar year next following the year in which information
termination is given. IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement. DONE in duplicate at Luxembourg this day
19th December 2011, in the English language. For the Direct Tax Administration For the Taxation Agency
the Ministry
Luxembourg
Finance in Taipei, Taiwan (signature) (signature) * PROTOCOL At the moment
the signing
the Agreement between the Direct Tax Administration
Luxembourg and the Taxation Agency
the Ministry
Finance in Taipei, Taiwan for the avoidance
double taxation and the prevention
fiscal evasion with respect to taxes on income and on capital, both sides have agreed upon the following provisions, which shall form an integral part
the Agreement: I. With reference to Article 4: A collective investment vehicle which is established in a territory and that is treated as a body corporate for tax purposes in this territory shall be considered as a resident
the territory in which it is established and as the beneficial owner
the income it receives. II. With reference to Article 26: The competent authority
the requesting territory shall provide the following information to the competent authority
the requested territory when making a request for information under the Agreement to demonstrate the foreseeable relevance
the information to the request: a) the identity
the person under examination or investigation; b) a statement
the information sought including its nature and the form in which the requesting territory wishes 1781 to receive the information from the requested territory;
a person within the jurisdiction
the requested territory; e) to the extent known the name and address
any person believed to be in possession
the requested information; f) a statement that the requesting territory has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Protocol. DONE in duplicate at Luxembourg this day
19th December 2011, in the English language. For the Direct Tax Administration For the Taxation Agency
the Ministry
Luxembourg
Finance in Taipei, Taiwan (signature) (signature) Editeur: Service Central de Législation, 43, boulevard F.-D. Roosevelt, L-2450 Luxembourg Imprimeur: Association momentanée Imprimerie Centrale / Victor Buck
Explication IA à partir du texte officiel de la loi. Indicatif, ne remplace pas un conseil juridique.