Convention between the Kingdom of the Netherlands and the Hashemite Kingdom of Jordan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income:artikel 4

Convention between the Kingdom of the Netherlands and the Hashemite Kingdom of Jordan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income

Article 4 Resident

Geldend

Documentgegevens:

Geldend vanaf 16-08-2007

Bronpublicatie:: 30-10-2006, Trb. 2007, 22 (uitgifte: 01-02-2007, kamerstukken/regelingnummer: -)
Inwerkingtreding: 16-08-2007
Bronpublicatie inwerkingtreding:: 06-11-2007, Trb. 2007, 212 (uitgifte: 01-01-2007, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal belastingrecht (V)
Internationaal belastingrecht / Belastingverdragen

1.

For the purposes of this Convention, the term ‘resident of a Contracting State’ means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. But this term does not include any person who is liable to tax in that State in respect only of income from sources in that State.

2.

Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:

a): he shall be deemed to be a resident of the 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 of the State with which his personal and economic relations are closer (centre of vital interests);
b): if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode;
c): if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national;
d): if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

3.

Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the State in which its place of effective management is situated.

4.

A pension fund recognized as such in a Contracting State and of which the income is exempt from tax in that State, shall be regarded as a resident of that State. As a recognized pension fund of a Contracting State shall be regarded any pension fund recognized and controlled according to statutory provisions of that State.