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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.


Compensation for Tax Penalties

(1) In a Contracting State if the taxes are imposed at the time of withdrawal of capital such as dividends, royalties, interest, or other similar sources of income owned by a resident of the other Contracting State during payment, then the right of that State to impose taxes in the specified amount under its domestic laws shall not affect the provisions of this Convention. The amount of tax paid must be refunded upon the official request of the taxpayer, as far as it is reduced or eliminated by this Convention.

(2) The requests for refunding must be submitted before the end of the fourth calendar year from the year in which the amount of tax owed on the dividends, royalties, interest, or other income are established.

(3) The Contracting State from which the income arises may require official documentation of the taxpayer such as residency proof, from the competent authorities in the other Contracting State.

(4) The competent authorities of the Contracting States may regulate the execution of this Article in mutual agreement or procedures for determining other kinds of tax benefits set forth in this Convention.