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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 26

Entitlement to Benefits

(1) Notwithstanding the other provisions of this Convention, a resident of a Contracting State shall not receive the benefit of any reduction in or exemption from tax provided for in this Convention by the other Contracting State if it is reasonable to conclude, having regard to all relevant facts and circumstances, that the principal purpose was to obtain these benefits, unless it is established that granting these benefits in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Convention. Before a resident of a Contracting State is denied such benefits in the other Contracting State by reason of the preceding sentence, the competent authorities of the Contracting States shall agree with each other following consultation.

(2) Where, under any provision of this Convention, an item of income may be relieved from tax in a Contracting State and, under the domestic law in force in the other Contracting State, a person is only subject to tax by reference to the amount of such income which is remitted to or received in that other State and not by reference to the lull amount thereof, then the relief to be allowed in the first-mentioned State shall apply only to so much of the income which is subject to tax in the other State.