PROTOCOL TO THE CONVENTION BETWEEN THE REPUBLIC OF HUNGARY AND THE REPUBLIC OF SAN MARINO FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME
When signing today the Convention between the Republic of Hungary and 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) For the purposes of this Convention the term "place of effective management" means the place where the chief executive officer and other senior executives of the enterprise usually carry on their activities governing the day-by-day work of the whole enterprise. If the place of effective management could not be determined on this basis, the competent authorities of the Contracting States shall settle the question by mutual agreement.
(4) With respect to paragraph (2) of Article 5, a "permanent establishment" shall include a server.
(5) With respect to Article 8, profits from the operation of ships or aircraft in international traffic shall include:
- (a) profits deriving from the bareboat charter of ships and aircraft operated in international traffic;
- (b) profits deriving from the use or letting of containers where such profits are occasional and secondary in respect of other profits deriving from the operation of ships or aircraft in international traffic.
(6) With reference to Article 25:
If in accordance with domestic law personal data are exchanged under this Convention, the following additional provisions shall apply subject to the legal provisions in effect for each Contracting State:
- (a) The receiving agency may use such data only for the stated purpose and shall be subject to the conditions prescribed by the supplying agency.
- (b) The receiving agency shall on request inform the supplying agency about the use of the supplied data and the results achieved thereby.
- (c) Personal data may be supplied only to the responsible agencies. Any subsequent supply to other agencies may be effected only with the prior approval of the supplying agency.
- (d) The supplying agency shall be obliged to ensure that the data to be supplied are accurate and that they are necessary for and proportionate to the purpose for which they are supplied. Any bans on data supply prescribed under applicable domestic law shall be observed. If it emerges that inaccurate data or data which should not have been supplied have been supplied, the receiving agency shall be informed of this without delay. That agency shall be obliged to correct or erase such data without delay.
- (e) Upon application the person concerned shall be informed of the supplied data relating to him and of the use to which such data are to be put. There shall be no obligation to furnish this information if on balance it turns out that the public interest in withholding it outweighs the interest of the person concerned in receiving it. In all other respects, the right of the person concerned to be informed of the existing data relating to him shall be governed by the domestic law of the Contracting State in whose sovereign territory the application for the information is made.
- (f) The receiving agency shall bear liability in accordance with its domestic laws in relation to any person suffering unlawful damage as a result of supply under the exchange of data pursuant to this Convention. In relation to the damaged person, the receiving agency may not plead to its discharge that the damage had been caused by the supplying agency.
- (g) Where the domestic law of the supplying agency contains special provisions for the deletion of the personal data supplied, that agency shall inform the receiving agency accordingly. Irrespective of such law, supplied personal data shall be erased once they are no longer required for the purpose for which they were supplied.
- (h) The supplying and the receiving agencies shall be obliged to keep official records of the supply and receipt of personal data.
- (i) The supplying and the receiving agencies shall be obliged to take effective measures to protect the personal data supplied against unauthorised access, unauthorised alteration and unauthorised disclosure.
(7) Hungary declares that present Convention shall in no way prejudice to the obligations deriving from its membership in the European Union.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Protocol.
DONE in duplicate at Rome, this fifteenth day of September 2009, in the Hungarian, Italian and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
FOR THE REPUBLIC OF HUNGARY:
FOR THE REPUBLIC OF SAN MARINO: