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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.


Limitations of Benefits

(1) This Convention shall not be construed in the sense that it:

  • (a) prevents a Contracting State from applying the provisions of its domestic regulations as regards to the prevention of tax evasion and fraud.
  • (b) prevents the Federal Republic of Germany from submitting to taxation the amounts to be included in the income items of a resident of the Federal Republic of Germany, pursuant to chapters Four, Five and Seven of the German Foreign Tax Law ("Aussensteuergesetz"), or prevent the Kingdom of Spain from applying the regulations regarding International Tax Transparency, specified in Chapter XI of Title VII of the revised text of the Corporate Tax Law, approved by Royal Legislative Decree 4/2004, of March 5.

(2) It shall be understood that the benefits of this Convention shall not be granted to a person who is not a beneficial owner of the income arising from the other Contracting State, or of the capital items situated therein.

(3) In the assumption that the previous provisions give rise to double taxation, the competent authorities shall hold consultations, pursuant to what is established in paragraph (3) of Article 24, to seek formulae for the prevention of double taxation.