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ΕΠΙΣΗΜΟΣ ΕΦΗΜΕΡΙΣ ΤΗΣ 26ης ΦΕΒΡΟΥΑΡΙΟΥ
1982
205
2. Capital represented by movable property
forming part ofthe business propeny of a per–
manent
establίshment
of an
enteφrise.
or by
movable property pertainingto a fixed base used
for the performance of independent persona]
services. may be taxed
ίη
the Contracting State
ίη
which the permanen.t establishmen.t or fixed
base is situated.
3.
Ships. aircraft or road vehicles operated
ίη
international traffic and mova'ble property per–
taining
Ιο
the operation
οί
such means
οί
trans–
portation. shall be taxClJble
οηlΥ ίη
the Contracting
State
ίη
which the place
οί
effective management
οί
the enterprise is si-tuated.
4.
ΑΙΙ
other elements
οί
capital
οί
a resident
οί
a Contracting State shall be taxable only
ίη
that State.
Article
25
ELIMINATION OF DOUBLE
ΤΑΧΑΤΙΟΝ
1. Double taxation shall be avoided as
follows:
(a)
In
the case
οί
Romania. taxes paid
ίη
Cyprus by Romanian residents
οη
income
derived or capital owned which
ίη
accordance with the provisions
οί
this
Convention may be taxed
ίη
Cyprus shall
be deducted from the taxes owed
Ιο
the
Romanian State.
Profits paid by the Romanian State
enterprises
Ιο
the State budget shall,
ίη
this Article be deemed as a tax
οί
Romanja.
(b)
Ιη
the case
οί
Cyprus, subject
Ιο
the
existing provisions
οί
the law
οί
Cyprus
regarding the deduction from
tax
payable
ίη
Cyprus of
tax
paid
ίη
a
terήtοrΥ ουΙ
side Cyprus and to any subsequent modi–
fication
οί
those provisions - which shall
ηοΙ
affect the general
pήnciple
hereof -
and unless a greater deduction or relief
is provided
uηder
the laws of Cyprus, tax
payable
ίη Romanίa οη
profits, income
or gains arising
ίη
Romania shall be
deducted from any Cyprus ,tax payable
ίη
respect
οί
such profits, income or gains.
2. For the purposes
οί
paragraph 1 the term
"Cyprus
tax"
shall be deemed to include:
(a) the Cypru.s tax which would have been
payable
οη
any profits or interest granted
tax incentive exemption or relief
ίη
Cyprus for such tax incentive exemption
or relief;
(b)the Cyprus
t:ιax
which would have been
deducti,ble from any dividend paid
ουΙ οί
profits granted tax incentive exemption or
relief
ίη
Cyprus but for such tax incentive
exemption or
relίef.
Article 26
LlMITATION OF RELIEF
W:here under any
provιision σf
th'is Convention
income is rel,ieved from tax
ίη
one
οί
the Con–
traCΙing
States and, under ithe law
ίη
force
ίη
the other Cont'racting 'State, a ,person
ίη
respect
οί
the sa,id income, is su;bject to tax by reference
Ιο
-the amount thereof which is remi,tted to or
received
ίη
tha:t other Contracting State and
ηοΙ
byreference
Ιο
the
fuIιlamount
thereof then the
relief to 'be al10wed under ,this Convention
ίn
th'e
fί'rs't-meηtίΌηed
Contracting State shall apply only
to so 'much
of
the
ίncome
as is remitted to or
reoeivoo
ίη
th'e other ,Contracting State.
Article 27
NON-DISCRIMINAT'ION
1.
The nationa:ls
of
a Contracting State shall
ηοΙ
be
subjected
ίη
the other Contracting State
to any taxation or any requirement connected
therewith which is ot'her or more burdensonIe
than the
ιtaxation
and connectedrequirements
Ιο
which nationals
οί Ι-hat
other State
ίη
the same
oircumstances a're or may be subjected.
2.
The taxaJtion
οη
a
permanent esta
l
bIishmenr
wh'ich an enterprise
οί
a Contracting State has
ίη
the other Contracting State shaH
ηο!
be less
favouraJbIe levied
ίη
t:hat other S'tate than the
taxation levied
οη
enterprise
οί
t:hat other Statc
carrying
οη
the samc activities.
Th'is provision s,haH
ηοΙ
be construed
as
oblig–
ing a Contracting State
Ιο
'grant to residents
οί
the other Contracting State any personal aHo\\'–
ances, relief,s and reductions for t,ax pU'f:poses
οη
account
σί
civil status or family
res'ponsi,bίlitie ~~
which
it
grants
Ιο
its own res,idents.
3.
Enterprises
οί
a Contracting State, the
capital
σί
which is whoHy or partly owned or
controHed, directly or indirectIy, by one or more
residents
οί
the other Contracting State, sha]J
ησΙ
be
suιbjected ίη
the first-mentioned Con–
tracting State
10
any taxation or any requirement
connected therewith w,h'ich is other or more but
o
-
densome t'llan the taxa:tion and connected require–
ments to which other
simίlar
enterprises
σf
that
first-mentioned State a:re or may
be
subjected.
4.
Ιη
this Article the term "taxation"
meί.lns
taxes
οί
every kind and description.
Article 28
MUTUAL AGREBMENT PROCBDURE
1. Where a resident of a Contracting State
considers that the actions
οί
one or
botιh οί
the
Contracting States resu1t or willresalt for him
ίη
taxation
ηοΙ ίη
accordance with this Conven–
ιίοη,
'he may, notw,ithstanding the remedies pro–
vided by the national laws
σf
those States, present
his case to the competent authority
οί
the Con–
tracting State
οί
which he is a resident.
2. The
comρetent
authority shaII
endeaνοιιr,
ίΕ
the objection appears
Ιο ίι
to be justified and
ίί ίι
is
ηοΙ
itself abIe to arrive a-t an approp'riate
solu1'ion,
Ιο
resolve the case by mutual agree–
ment with the competent authority
οί
the other
Contracting State, with a view to the avoidance
οί
taxation
ηοΙ ίη
accordance wit'h the Convention.
3. The competent authorities of the Contracting
States shall endeavour to resolve by
mιJitual
agree–
ment any difficulties ordoubts arising as to
th~
intepretation or application
οί
the Convention.
~hey
mayalso consult together for the elimina–
ιίοη σί
dou'ble taxation
ίη
cases
ηοΙ
provided
for
,ίη
t:he Convention.
4. The competent aUt'horities
σί
the Contracting
Sta:tesmay com,municate with eac\1 other directly
for the purpose of reaching an agreement
ίη
~he
:sense
οί
the preceding ,pa'ragraphs. When
it seems a,dvisable
ίη
order
Ιο
reach agreement
Ιο
have an oral exchange
οί
opinions, s'Uch ex–
'change may take place through a Commission
consist:ing
οί
representatives
οί
the com'petent
aut:horities of t'he Contracting States.
Article 29
EXCHAιNGE
OF INFORMATION
1. The competentauthori:ties ofthe Contracting
States shaJH exohange
suchinιformation
as is
necessary 'for the carrying out
οί
this Convention
and
οί
the domestic laws
σί
the Contracting
States concerning taxes covered by this Con–
vention
ίη
so fa'r as the taxation thereunder is
in accordance with this Convention.
ΑηΥ
infor–
mation 50 exchanged 'shall b'e treated as 5ecret
aDid
sh,aJιl ηοΙ
bedisclosed to any persons or
authori,ties, ,inoluding courts, other than those
concerned with the assessment, collect:ion, en–
forcement or prosecution
,ίη
respect
οί
taxes
which are the 5U!bject of the Convention.