Page 505 - MAIN

ΕΠΙΣΗΜΟΙ ΕΦΗΜΕΡΙΣ ΤΗΣ 7ης ΜΑ·Ι·ΟΥ 1982 433
there shall be a1lowed, wi,thout changing
the prίnciple οί this Conventίon. as a
credit againlst Cyprus tax payable ίη
respect οί any item οί income derived
from and any item οί capital situated
within the Hungarian People's Republίc,
the Hungar,ian tax paid under the laws
οί the Hungarian People's Repu,blic and
ίη accordance with this Convention. The
credit shall not however exceed that
paJ:lt οί theCyprus tax. as computed be–
fore the credit is gίven which is appro–
ρήate to such items of income or
capital.
(c) Where under any provision of this Con–
νοοιίοη income is relίeved from tax ίη
one of the Contractίng States and. under
tlle law ίη force ίη the other Contracting
Staιte. a person. ίη l'espect of the said
income. is subject to tax by reference Ιο
the amount thereof which is remitted to
or reoeίved ίη that other Contracting
State and not by reference Ιο the full
amount thereof, then the relief ιο be
allowed under this Convention ίη the
first-mentioned Contractίng State shall
apply only Ιο 80 much οί the income as
is remi,tted to or received ίη the other
Contracting State.
Article 25
NON-DISCRIMINATION
1. Nationa1s of a Contracting State sha1l not
be subjected ίη the other Contracting State to
any taxation or any requirement connected
therewith which is other or more burdensome
than the taxatίon and connected requirements to
which nationals of that other State ίη the same
circumstances are or may be subjected. This
provision shall, notwithstanding the provisions of
Article 1. also apply to persons who are ηοΙ re–
sidents of one or both of the Contractίng States.
2. The taxation οη a permanent establishment
which an enterprise of a Contractίng State has
ίη the other Contracting State shall not be less
favourably levied ίη that other State than the
taxatίon levied οη eηterpήses οί that other State
carrying οη the same activities. This provision
sha1l not be construed as obliging a Contracting
State to grant to residents of the other Contract–
ing State any personal aIJowances, relίefs and re–
ductions fOT taxation purposes οη account of
civil status or famίly responsibilities which ίΙ
grants to its own residents.
3. Except where the provisions of Article 9,
paragraph 7 οί Article 11, or paragraph 4 of
Article 12, apply, interest, roya Li ies and other
disbursements paid by an eηterpήse οί a
Contractίng State to a resident of the other
Contracting State sha1l, for the purpose οί de–
termining the taxable profίts of such enterprise,
be deductible under the same conditions a:s if
they had been paid to a resident of the first–
mentioned State. Similarly, any debts of an enter–
prίse οί a Contracting State to a resident of the
other Contracting State shall. for the purpose οί
determining the taxable capital οί such enter–
prise. be deductible under the same conditions
a:s if they had been contracted to a resident οί
the first-mentioned State.
4. ΕnterΡήses οί a Contracting State, the ca–
ρίω οί which is wholly or part]y οννηώ or
controlled, directly orindirectly. by one or more
residents οί the otherContracting State. shal1 ηοΙ
be subjected ίη the first-mentionedContractίng
State to any taxation or any requirement connect–
ed therewith which is more burdensome than the
taxation and connected requirements to whίch
other simi1ar enterprises οί th'e fίrst-mentioned
State are or may be subjected.
5. The provlsions οί this Article . shall. not–
withstanding the p'rov,isions οί Article 2, apply to
taxes οί every kind and description.
Artίc]e 26 , ,
MUTUAL AGREEMENT ΡROCΕDυRΕ
1. Where a person consideJ:ls that the actions of
one or botll of the Contracting States result or
wίll resu]t for him ίη taxation ηοΙ inaccord'ance
with the provisions οί this Convention, he may,
irrespective οί the remedies provided by the do–
mestic law οί those States, present his case Ιο
the competent authority Oιf the Contracting State
of which he is a resident ΟΓ, if his case co,mes
under paragraph Ι οί Article 25, Ιο that οί the
Contracting State οί which he is a natίonal. The
case must be presented within three years from
the first notification οί the action resulting ίη
taxation not ίη accordance with the provisions οί
the Convention.
2. The competent authority shaJl endeavour, if
the objection appears to ίι Ιο be justified and if
ίι is ησΙ itself ab]e Ιο arrive at a satΊSfactory so–
Ιυιίοη. Ιο resolve the case by mutual agreement
with the competent authοήtΥ οί the other
Contractίng State, with a view Ιο the avoidance
οί taxation which is not ίη accordance with the
Convention. ΑηΥ agreement reached sha1l be
implemented notwithstanding any time limits ίη
the domestic law οί the Contractίng States. .
3. The competent authοήtίes οί the Cσntractίng
States shaJl endeavou'r to resolve by mutual
agreement any difficulties or doubts arising as to
the interpretation or application of the Conven–
ιίοη. They may also consult together for the
elimination οί double taxation ίη cases not pro–
VΊded for ίη the Conventίon.
4. The competent authorities οί the Contract–
ing States may communicate with each other
directly for the purpose οί reaohing an agreement
ίη the sense of the preceding paragraphs. When
it seems advisable ίη order to reach agreement Ιο
have an oral exchange οί ορίηίοη. such exchange
may take place through a Commission consisting
οί representatives οί the competent authοήtίes οί
the Contracting States.
Article 27
EXCHANCE ΟΡ· INFORMA ΤΙΟΝ
1. The competent authorities οί the Contract–
ing States shall exchange such information as is
necessary for carrying ou.t the provisions οί this
Convention or οί the domestic laws οί the
Contracting States concemίng taxes covered by
the Convention insofar as the taxation thereunder
is not contrary to the Convention. The exchange
οί ίnfonnation is not restήcted by Article 1. Any
·ίnformation received by a Contracting State shaJl
be treated as secret ίn the same manner as ίη­
formation obtained under 1Jhe domestic laws οί
that State and shall be disclosed only Ιο persons
or authorities (including courts and administra–
tive bodies) ίηνσΙνΟΟ ίη the assessment or col–
lection οί the enforcement or prosecution in
respect οί, or the determίnation οί appea1s in re–
lation to, the taxes covered by the Convention.
Such persons or authorities shaIl use the Ϊnfor­
mation only for such purposes. They may dίs­
close the informatίon ίη pubIίc court proceedίngs
or ίη judicial decisions. The information received
will be treated as secret οη request οί the
Contracting State giving the information.
2. Ιη ησ case shall the provisions οί paragraph
1 be construed so as to im{X>Se on a Contracting
'State the obligation:
(a) to carry out administrative measures at
va:~iance with the laws σr the admjnistra–
tive practice οί that or ofthe other
Contracting State;
(b) Ιο supply information whίch is not
obtain~ble underthe laws or ίη ,the