Protocol

An individual living aboard a ship without any real domicile in either of the States shall be deemed to be a resident of the State in which the ship has its home harbour.

For the purposes of the Convention an individual, who is a member of a diplomatic or consular mission of one of the States in the other State or in a third State and who is a national of the sending State, shall be deemed to be a resident of the sending State if he is submitted therein to the same obligations in respect of taxes on income and on capital as are residents of that State.

It is understood that, in the case of the Netherlands, the term ‘immovable property’ shall also include the rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources.

It is understood that the provisions of Article 8 of the Convention also apply to taxes which are levied on the basis of the gross receipts in respect of the carriage of passengers and cargo in international traffic.

Where tax has been levied at source in excess of the amount of tax chargeable under the provisions of Articles 10 or 12, applications for the restitution of the excess amount of tax have to be lodged with the competent authority of the State having levied the tax, within a period of five years after the expiration of the calendar year in which the tax has been levied.

The provisions of Article 11 are based on the fact, that under the taxation legislation of the Netherlands and of Yugoslavia as in force on the date of signature of the Convention, none of the States levies a withholding tax on interest arising in that State and paid to a resident of the other State. Both States undertake to enter into negotiations on a reviewal of the said provisions as soon as one of the States has expressed in writing, through diplomatic channels, to the other State its wish thereto in light of the fact that a withholding tax on interest has been introduced.

It is understood that the provisions of paragraph 4 of Article 15 of the Convention shall apply to salaries, wages and other similar remuneration derived by an individual in respect of his activities in the Joint Economic Representation of Yugoslavia or the Tourist Federation of Yugoslavia.

It is understood that ‘bestuurder’ or ‘commissaris’ of a Netherlands company means persons, who are nominated as such by the general meeting of shareholders or by any other competent body of such company and are charged with the general management of the company and the supervision thereof, respectively.

It is understood that the provisions of paragraph 2 of Article 18 of the Convention shall apply to pensions and other similar remuneration derived by an individual in respect of his activities in the Joint Economic Representation of Yugoslavia or the Tourist Federation of Yugoslavia.

IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Protocol.

DONE at Beograd, this twenty second day of February 1982 in two originals, each in the Netherlands, Serbo-Croatian and English languages, the three texts being equally authentic. In case there is any divergence of interpretation between the Netherlands and Serbo-Croatian texts, the English text shall prevail.