(1) Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
*(2) However, such royalties, except in the case of payments of the kind referred to in sub-paragraph (a) of paragraph (3), may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed:
- (a) 5 percent of the gross amount of the royalties, in the case of payments of the kind referred to in sub-paragraph (b) of paragraph (3);
- (b) 10 percent of the gross amount of the royalties, in the case of payments of the kind referred to in sub-paragraph (c) of paragraph (3).
The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations.
*(3) The term "royalties" means payments of any kind received as a consideration for the use of, or the right to use:
- (a) any copyright of literary, artistic or scientific work except of computer software and including cinematograph films, and films or tapes for television or radio broadcasting;
- (b) any industrial, commercial or scientific equipment;
- (c) any patent, trade mark, design or model, plan, secret formula or process and computer software, or for information concerning industrial, commercial or scientific experience.
(4) The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
(5) Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.
(6) Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.