ARTICLE 11
INTEREST
(1) Interest arising in a territory and paid to a resident of the other territory may be taxed in that other territory.
(2) However, such interest may also be taxed in the territory in which it arises and according to the laws of that territory, but if the beneficial owner of the interest is a resident of the other territory, the tax so charged will not exceed 10 per cent of the gross amount of the interest.
(3) Notwithstanding the provisions of paragraph (2), interest arising in a territory and beneficially owned by a resident of the other territory will be taxable only in that other territory if such interest is paid:
- (a) in connection with the sale on credit of any merchandise or equipment;
- (b) to the Government of the other territory, including any political subdivision or local authority thereof, the Central Bank or any financial institution controlled or wholly owned by that Government;
- (c) to a resident of the other territory in connection with a loan or credit guaranteed or insured by the Government of the other territory, including any political subdivision or local authority thereof, the Central Bank or any financial institution controlled or wholly owned by that Government.
(4) The term "interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment will not be regarded as interest for the purposes of this Article. The term "interest" will not include any item of income which is considered as a dividend under the provisions of paragraph (3) of Article 10.
(5) The provisions of paragraphs (1), (2) and (3) will not apply if the beneficial owner of the interest, being a resident of a territory, carries on business in the other territory in which the interest arises, through a permanent establishment situated therein, or performs in that other territory independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is 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, will apply.
(6) Interest will be deemed to arise in a territory when the payer is a resident of that territory. Where, however, the person paying the interest, whether he is a resident of a territory or not, has in a territory a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest will be deemed to arise in the territory in which the permanent establishment or fixed base is situated.
(7) 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 interest, having regard to the debt-claim for which it is 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 will apply only to the last-mentioned amount. In such case, the excess part of the payments will remain taxable according to the laws of each territory, due regard being had to the other provisions of these provisions.