PROTOCOL
At the moment of signing the Agreement for the avoidance of double taxation with respect to taxes on income and on capital, this day concluded between the Council of Ministers of Serbia and Montenegro and the Government of the Islamic Republic of Iran, the undersigned have agreed that the following provisions shall form an integral part of the Agreement.
Notwithstanding the provision of Article 5, paragraph (4), sub-paragraphs 1) and 2), it is understood that the term "permanent establishment" shall be deemed not to include:
- (1) the use of facilities solely for the purpose of occasional delivery of goods or merchandise belonging to the enterprise and deriving no profits, provided that these facilities are not used as sales outlets in the Contracting State where these facilities are situated;
- (2) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of occasional delivery deriving no profits, provided that these goods or merchandise are not sold in the Contracting State where the stock is situated.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.
DONE at Teheran this 7th day of December 2004 (17/Azar 1383 Solar Hijra) in two originals, in the Serbian, Persian and English languages, both originals being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
FOR THE COUNCIL OF MINISTERS OF SERBIA AND MONTENEGRO:
FOR THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN: