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ARTICLE 4

Resident

(1) For the purposes of this Agreement, the term "resident of a Contracting State" means any person who, under the laws of that Contracting State, is domiciled or resident in, a citizen of, or having their place of incorporation or management within that Contracting State or is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature, and also includes that Contracting State and any political subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that Contracting State in respect only of income from sources in that Contracting State or capital situated therein.

(2) For the purposes of paragraph 1 above the term "resident" shall include:

  • (a) both the Governments of the Contracting States or any political subdivision or local authority thereof;
  • (b) any institution created by the government or any political subdivision or local authority under the laws of the Contracting States such as the Central Bank or Monetary Authority, funds, corporations, authorities, foundations, agencies or any other similar entities established in either Contracting State the list of which shall be exchanged through diplomatic channels;
  • (c) any inter-governmental entity established in either Contracting State:
    • (i) by a Contracting State in a joint-venture with the other Contracting State; or
    • (ii) by a Contracting State in a joint-venture with a third party or state;
  • to the extent of the amount of capital contributed by that Contracting State.

(3) 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 only of the Contracting State in which he has a permanent home available to him; if he has a permanent home available to him in both Contracting States, he shall be deemed to be a resident only of the Contracting State with which his personal and economic relations are closer (centre of vital interests);
  • (b) if the Contracting 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 Contracting State, he shall be deemed to be a resident only of the Contracting State in which he has an habitual abode;
  • (c) if he has an habitual abode in both Contracting States or in neither of them, he shall be deemed to be a resident only of the Contracting State of which he is a national;
  • (d) if he is a national of both Contracting States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

(4) 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 only of the Contracting State in which its place of effective management is situated.