background image
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.


General Definitions

(1) For the purposes of this Agreement, unless the context otherwise requires:

  • (1) the terms "a Contracting State" and "the other Contracting State" mean Islamic Republic of Iran or Serbia and Montenegro, as the context requires;
  • (2) the term "Islamic Republic of Iran" means the areas under the sovereignity or jurisdiction of the Islamic Republic of Iran and includes its maritime areas;
  • (3) the term "Serbia and Montenegro" means the state community Serbia and Montenegro and when used in a geographical sense it means the land territory of Serbia and Montenegro, its internal sea waters and the belt of the territorial sea, the air space thereover, as well as the seabed and subsoil of the part of the high sea outside the outer limit of the territorial sea over which Serbia and Montenegro exercises its sovereign rights for the purpose of exploration and exploitation of their natural resources in accordance with its internal legislation and international law;
  • (4) the term "political subdivisions", in the case of state community Serbia and Montenegro, means Member States;
  • (5) the term "national" means:
    • (i) any individual possessing the nationality of a Contracting State;
    • (ii) any legal person deriving its status as such from the lows in force in a Contracting State;
  • (6) the term "person" includes an individual, a company and any other body of persons;
  • (7) the term "company" means any body corporate or any entity that is treated as a body corporate for tax purposes;
  • (8) the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
  • (9) the term "international traffic" means any transport by a ship, aircraft or road and railway vehicle operated by an enterprise of a Contracting State, except when the ship, aircraft or road and railway vehicle is operated solely between places in the other Contracting State;
  • (10) the term "competent authority" means:
    • (i) in the case of the Islamic Republic of Iran, the Minister of Economic Affairs and Finance or his authorized representative;
    • (ii) in the case of Serbia and Montenegro, the Ministry for International Economic Relations or its authorized representative.

(2) As regards the application of the Agreement by a Contracting State, any term not defined therein shall, unless the context otherwise requires have the meaning which it has under the law of that State concerning the taxes to which the Agreement applies and meaning under the applicable tax laws of that State, will be prevailing over a meaning given to the term under other laws of that State.