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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.

ARTICLE 3

General Definitions

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

  • (a) the term ”the Czech Republic” means the territory of the Czech Republic over which, under Czech legislation and in accordance with international law, the sovereign rights of the Czech Republic are exercised;
  • (b) the term ”San Marino” means the territory of the Republic of San Marino, including any other area within which the Republic of San Marino, in accordance with international law, exercises sovereign rights or jurisdiction;
  • (c) the terms ”a Contracting State” and ”the other Contracting State” mean the Czech Republic or San Marino, as the context requires;
  • (d) the term ”person” includes an individual, a company and any other body of persons;
  • (e) the term ”company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
  • (f) the term ”enterprise” applies to the carrying on of any business;
  • (g) 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;
  • (h) the term ”national” means:
    • (i) any individual possessing the nationality of a Contracting State;
    • (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
  • (i) the term ”business” includes also the performance of professional services and of other activities of an independent character;
  • (j) the term ”international traffic” means any transport by a ship, aircraft or road vehicle operated by an enterprise of a Contracting State, except when the ship, aircraft or road vehicle is operated solely between places in the other Contracting State;
  • (k) the term ”competent authority” means:
    • (i) in the case of the Czech Republic, the Minister of Finance or his authorised representative;
    • (ii) in the case of San Marino, the Ministry of Finance or its authorised representative, and, for the purposes of Article 25, the Central Liaison Office of the Republic of San Marino.

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