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RESERVATIONS ON ARTICLE 2
Australia„ Canada and the United States reserve their po-
sitfdris on that part of paragraph 1 which states that the
Convention should apply to taxes of political subdivisions or
local authorities.
Japan reserves its position on that part of paragraph 1
of this Article which states that the Convention shall apply
to taxes on capital.
RESERVATIONS ON ARTICLE 3
Bel ium reserves the right to vary, in its conventions
paragraph 1 subparagraph b) of Article 3, and paragraph 1
of Article 4, so as to make it clear that partnerships consti-
tuted under Belgian law must be treated as residents of Belgium,
in view of the twofold fact that they are legal persons and
that their world income is in all cases subject to tax in
Belgium.
—3— CPA(76)7
Partie IV
RESERVATIONS ON ARTICLE 4
RESERVATIONS ON ARTICLE 2
Australia reserves the right to treat an enterprise
as having a permanent establishment in a State if the enter-
prise carries on designated supervisory activities in that
State for more than twelve months, if substantial equipment
is used in that State for more than twelve months by, for
or under contract with the enterprise in the exploration
for or exploitation of natural resources, or if a person-
-acting in that State on behalf of the enterprise- manufactures
or processes there goods or merchandise belonging to the
enterprise.
Greece, Portugal and Turkey reserve their positions
on paragraph 3, and consider that any building site or construc-
tion or installation project which lasts more than six months
should be regarded as a permanent establishment.
New Zealand reserves its position on paragraph 3 so as
to be able to tax an enterprise with a building site or con-
struction or installation project lasting more than six months
and also an enterprise which carries on supervisory activities
for more than six months in connection with such sites or
projects.
New Zeland reserves its position so as to be able to
tax an enterprise where substantial equipment or machinery
is for more than six months, being used by, for or under
contract with the enterprise.
Spain reserves its position on paragraph 3 so as to
be able to tax an enterprise having a permanent establishment
in Spain, even if the site of the construction or installation
project does not last for more than 12 months, where the
activity of this enterprise in Spain presents a certain degree
of permanency within the meaning of paragraphs 1 and 2 of that
Article.
7 CFA(76)7
Par_tie IV
RESERVATIONS ON ARI LE 7
Australia wishes that in this Article there be provision
that will permit resort to domestic law in cases in which the
information available to the competent authority is insufficient
to determine the profits of an enterprise on which tax may be
imposed in accordance with this Article, and in relation to
the taxation of the profits of an insurance enterprise.
New Zealand reserves the right to exclude from the scope
of this Article income from the business of any form of
insurance.
The United States believes it appropriate to provide in
paragraph 2 for arms'-length treatment not only with the head
office of the enterprise, but also with any person controlling,
controlled by, or subject to the same common control as, the
enterprise. This can be accomplished by changing the phrase
"separate enterprise" to "independent enterprise" and by
deleting the last fourteen words.
-9- CFA(76)7
PaI:tie IV
RESERVATIONS ON ARTICLE 8
Australia reserves the right always to tax as profits
from internal traffic profits from the carriage of passengers
or cargo taken on board at one place in Australia for discharge
at another place in Australia, and profits from other coastal
and continental shelf activities.
Canada reserves its position on paragraph 2 of this Article.
Moreover, Canada reserves the right to tax profits arising from
Coastal traffic in Canada.
Japan reserves its position on the provisions in this and
other Articles in the Model Convention which refer directly or
indirectly to the place of effective management.
Turkey reserves the right not to extend the scope of the
Article to cover inland transportation in bilateral conventions.
The United States reserves its position on paragraph 2 of
this Article.
C'A(76)7
Partie IV
RESERVATIONS ON ARTICLE 9
R-LURVATION ON AnTIG E 1
Paragraph 2
Australia reserves the right always to tax, at a rate
of not Tess Than 15 per cent,- dividends paid by a company which
is a resident of Australia for purposes of its tax and to im-
pose tax on the undistributed Australian income of a private
(close) company which is a resident of the other State.
Australia also wishes that there be provision in this
Article-7=n limitation of tax in the State of source is
available where, and only where, the person beneficially entitled
to the income is a resident of the other State.
Belgium Ja an and New Zealand reserve their positions
on sub-paragrapha ecause ney A sn to retain their freedom
of action with regard to the treatment of holding (parent
companies and subsidiaries).
Canada reserves the right to apply a 15 per cent rate
of tax as source on dividends paid to non-residents without
regard to the relation between the company paying the dividends
and the beneficial owner.
German , with a view to its system of company taxation,
reserves i cs position on paragraph 2.
Italy reserves its position concerning the percentage
envisaged for the holding (25 per cent) and can only agree to
a rate of tax of 5 per cent for a direct holding of more than
50 per cent.
TheNetherlands reserves its position on the rate of 5 per
cent, since it consi ers that transfers of profits within a
group of enterprises should be entirely exempted from tax at the
source.
Portufal reserves its position on the rates of tax in
paragraph 2.
Spain reserves its position on the rate of tax of 5 per
cent and -the determination of the minimum percentage for the
holding.
Tur ke~ cannot accept a rate of tax which is lower than
20 per nt;
ce
- 15 - CFA(7L )7
Partie IV
Paragraphe 2
'aragraph
Bel-ium reserves the right to amplify the definition
of diviaends in paragraph 3 so as to cover expressly income -
even when paid in the form of interest - which is taxable as
income from capital invested by partners in Belgian partnerships
which have not opted for their profits to be charged to personal
income tax in the names of such partners individually.
In view, moreover, of the fact that Belgian law excludes
distributions of liquidation surpluses from the movable capital
income category ("revenus mobiliers") and subjects them to a
compositional charge to company tax which relieves the indivi-
dual shareholders or partners from any liability to personal
tax, Belmar reserves the right to levy, in accordance with
Ÿern
its inn rnaNT law, such "special contributions", either in the
case of the redemption of its own shares or partnership shares
by a company or partnership resident in Belgium or on the
division of its assets by such a company or partnership among
its shareholders or members. Such special contributions fall
neither under the restrictions provided in paragraph 2, as
regards distribution tax charged on dividends, nor under any
other restrictive provision whatever of the Convention (Article
13, paragraph Ley Article 21, paragraph 1, etc.),
Paragraph 4
..Italy reserves the right to subject dividends to the
taxes Imposed by its law whenever the recipient thereof has a
permanent establishment in Italy, even if the holding on which
the dividends are paid is not effectively connected with such
permanent establishment.
Paragraph 5
Spain cannot adhere without a reservation to the provisions
of this paragraph owing to the structure of its fiscal law which
provides that permanent establishments in Spain of foreign com-
panies are to be taxed under the same conditions as Spanish com-
panies.
France cannot adhere to the provisions of this paragraph.
wl ilés to retain the possibility of applying the pro-
France S
visions in its laws according to which profits made in France
by foreign companies are deemed to be distributed to non-
resident recipients and are taxed accordingly. France is pre-
pared, however, to reduce in bilateral conventions the rate
provided for in its domestic laws,
- 17 - 0711( 1 D)7
Partie IV
Paragraphe 3
Paragraphe 4
RESERVATIONS ON ARTICLE 14
R.ESERVATION ON ARTICLE 15
RESERVATIONS ON ARTICLE 16
mSLRVATIONS ON ÀI>:TICLE 17
RESERVATIONS ON AlLTICL;J 19
REMRVATIONS ON ARTICLL' 20
RESERVATIONS ON ARTIClig 22
RESERVATIONS ON ARTIC 24
Australia, Canada
.. and New Zealand reserve their positions
on this Âr is e.
1elMium reserves the right to apply the provisions of
its interaw for the purpose of taxing the profits of
Belgian permanent establishments of companies and associations
resident in countries with which it undertakes negotiations,
whenever such an attitude is warranted by the general treatment
accorded in such countries to permanent establishments of com-
panies and associations resident in Belgium (paragraph 4).
France accepts the provisions of paragraph 1 but wishes
to reserve- e possibility of granting only to French nationals
the exemption, provided for in its domestic laws, of sains from
the alienation of L uovable property which constitutes, whether
in whole- or in part, the residence in France of French nationals
who are domiciled abroad.
France accepts the provisions of paragraph 5 but wishes
to reserve the possibility of applying the provisions in its
domestic laws relative to the limitation to the deduction of
interest paid by a French company to a foreign parent company.
Japan reserves the right not to extend to the permanent
establis ants of non-residents the benefit of tax incentive
measures introduced for national policy objectives.
The United Kinçdom reserves its position on the second
sentence of paragrap i 1.
- 33 - CFA(76)7
Partie IV
IL
m''SERVATIONS 'DINT ARTICI 2
RESERVATIONS ON L?RTIC2 26