ARTICLE 4
Resident
(1) For the purposes of this Agreement, the term "resident of a Contracting State" means any person-other than a person to whom paragraph (4) applies-who, under the law of that State, is liable to taxation therein by reason of his domicile, residence, place of management of any other criterion of a similar nature.
(2) Where by reason of the provisions of paragraph (1) an individual is a resident of both Contracting States, then this case shall be determined in accordance with the following rules:
- (a) He shall be deemed to be a resident of the Contracting State in which he has a permanent home available to him. If he has a permanent home available to him in both Contracting States, he shall be deemed to be a resident of the Contracting State with which his personal and economic relations are closest (centre of vital interests);
- (b) If the Contracting State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either Contracting State, he shall be deemed to be a resident of the Contracting State in which he has a habitual abode;
- (c) If he has a habitual abode in both Contracting States or in neither of them, he shall be deemed to be a resident of the Contracting State of which he is a national;
- (d) If he is a national of both Contracting States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
(3) Where by reason of the provisions of paragraph (1) a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the Contracting State in which its place of effective management is situated.
(4) A partnership shall be deemed to be a resident of the Contracting State in which its place of effective management is situated. However, Articles 5 to 22 shall apply, only to such income or capital of a partnership as is subject to taxation in the Contracting State of which it is a resident.