Limitation of Benefits
(1) This Agreement shall not be interpreted to mean that:
- (a) a Contracting State is prevented from applying its domestic legal provisions on the prevention of tax evasion or tax avoidance;
- (b) the Federal Republic of Germany is prevented from levying taxes on amounts which are to be included in the items of income of a resident of the Federal Republic of Germany under the Fourth Part of the German Law on External Tax Relations (Aussensteuergesetz).
(2) The provisions of this Agreement shall not apply to companies or other persons enjoying a special fiscal treatment by virtue of the laws or the administrative practice of either one of the Contracting States. Neither shall they apply to income derived from such companies or other persons derived by a resident of the other Contracting State, nor to shares or other rights in such companies owned by such a resident.