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 27
Five-Year Rule
(1) If the deceased at the time of his death, or if the donor at the time of the donation was:
- (a) The national of one Contracting State but not at the same time a national of the other Contracting State;
- (b) Subject to unrestricted taxation in the first-mentioned State in accordance with its tax law, and
- (c) Had been resident in the other State in accordance with Article 4, paragraph (1)(b) for a period of no more than five years, he shall be deemed a resident of the State of which he was a national, notwithstanding Article 4.
(2) Paragraph (1) shall apply analogously to an heir or donee, if he himself fulfills the conditions of paragraph (1) at the time of the inheritance or donation.