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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.


Application of the Agreement in Special Cases

(1) This Agreement shall not be interpreted to mean that a Contracting State is prevented from applying its domestic legal provisions on the prevention of tax evasion or tax avoidance. If the foregoing provision results in double taxation, the competent authorities shall consult each other pursuant to paragraph (3) of Article 26 on how to avoid double taxation.

(2) The limitations mentioned in the provisions of paragraph (2) of Article 11 and of paragraph (2) of Article 12 shall not apply if it was the main purpose of any person concerned, in creating or assigning the debt-claim in respect of which the interest is paid, or in creating or assigning the rights in respect of which the royalties are paid or in creating or assigning the obligations in respect of which the services fees are paid to take advantage of Articles 11 and 12 by means of that creation or assignment without economic reason appropriate to the business operation concerned.