PROTOCOL TO THE CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CYPRUS AND THE GOVERNMENT OF THE REPUBLIC OF SAN MARINO FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME
When signing the Convention concluded today between the Government of the Republic of Cyprus and the Government of the Republic of San Marino for the avoidance of double taxation with respect to taxes on income, the following additional provisions forming integral part of this Convention have been agreed upon.
It is understood that:
(1) The provisions of the Convention shall not prevent the application of the Agreement between the European Community and the Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments signed at Brussels on 7 December 2004.
(2) With respect to paragraph (1), point (e) of Article 3, in San Marino a trust shall be treated as a body corporate for tax purposes where and only to the extent in which such trust is subject to San Marino income tax.
(3) With respect to paragraph (2) of Article 5, a "permanent establishment" includes a server.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol.
DONE at Nicosia, this twenty-seventh day of April 2007, in two originals in the Greek, Italian and English languages, all texts being equally authentic. In case of divergence between the texts the English text shall prevail.