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San Marino - Italy Tax Treaty (as amended by 2012 protocol) — Orbitax Tax Hub

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 22

Other Income

(1) Items of income of a resident of a Contracting State, wherever arising, not dealt with in the preceding Articles of this Convention, shall be taxable only in that State.

(2) The provisions of paragraph (1) shall not apply to income which is other than income from immovable property referred to in paragraph (2) of Article 6, provided that the beneficial owner of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case, the items of income may be taxed in the other Contracting State in accordance with the domestic laws of that State.

(3) Where, by reason of a special relationship between persons carrying on business in respect of which the income referred to in paragraph (1) of this Article is paid, and the payment from such business exceeds the amount which would have been agreed upon in the absence of such special relationship, then the provisions of this Article shall apply only to the last- mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.