PROTOCOL
PROTOCOL TO THE CONVENTION BETWEEN THE REPUBLIC OF FINLAND AND THE FEDERAL REPUBLIC OF GERMANY FOR THE AVOIDANCE OF DOUBLE TAXATION AND FOR THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME, EFFECTIVE FROM FEBRUARY 19, 2016
The Federal Republic of Germany and the Republic of Finland have, in addition to the Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, agreed on the following provisions, which shall form an integral part of the said Convention:
(1) With reference to Articles 10 (Dividends) and 11 (Interest):
Notwithstanding the provisions of Articles 10 and 11, dividends and interest may be taxed in the Contracting State in which they arise, and according to the law of that State, provided that they are:
- (a) derived from rights or debt-claims carrying a right to participate in profits, including income derived by a silent partner (stiller Gesellschafter) from his participation as such, or from a loan with an interest rate linked to borrower's profit (partiarischesDarlehen) or from profit sharing bonds (Gewinnobligationen) within the meaning of the tax law of the Federal Republic of Germany; and
- (b) deductible in determining the profits of the debtor of the dividends and interest.
(2) With reference to Articles 10, 11 and 12:
The Federal Republic of Germany is entitled to withhold tax at the rate provided under its domestic law. The tax so withheld shall be refunded on the taxpayer's application insofar as its levying is limited or eliminated by this Convention.
(3) With reference to Article 15:
It is understood that the term "hallintoneuvosto"; "förvaltningsråd" (supervisory board) includes all other bodies with a similar function.
(4) With reference to Article 17:
It is understood that a Contracting State is not prevented from exercising its right to tax in accordance with paragraph (3) of Article 17 even if the contributions giving rise to the pensions, other similar remuneration or annuities have been subject to tax relief in that Contracting State or if the insurance has been concluded in that State (regardless of where the pension, other similar remuneration or annuity is paid).
(5) With reference to Article 24:
It is understood that the Contracting State which receives information may disclose it to the taxpayer and/or his legal advisers in the course of the public prosecutor's investigation proceedings.
(6) With reference to Article 24:
If personal data are exchanged under the Convention, the following additional provisions shall apply:
- (a) A competent authority which receives information under the provisions of Article 24 shall, on request, inform the competent authority of the other Contracting State about the way in which that information was used and the results which were achieved.
- (b) A competent authority which supplies information under the provisions of Article 24 shall take all steps to ensure that the information is accurate, and that it is necessary for and commensurate with the purposes for which it is supplied. If a competent authority discovers that it has supplied inaccurate information, or information which should not have been supplied under the provision of Article 24, it shall inform the competent authority of the other Contracting State of this without delay. The competent authority shall correct or delete that information, as appropriate.
- (c) Upon application the person concerned shall be informed of the exchanged information in respect of him and of the use to which such information is to be put. There shall be no obligation to inform if on balance it turns out that the public interest outweighs his right to be informed. In all other respects, the right of the person concerned to be informed of the existing data relating to him shall be governed by the domestic law of the Contracting State in whose sovereign territory the application for the information is made.
- (d) Information exchanged under the provisions of Article 24 shall in any case be deleted as soon as it is no longer required for the purposes for which it was supplied.
- (e) The competent authorities shall keep records of the supply and receipt of information exchanged under the provision of Article 24.
- (f) The Contracting States shall protect information exchanged under the provisions of Article 24 against unauthorized access, alteration or disclosure.
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