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Luxembourg - San Marino Tax Treaty (as amended by 2009 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 24

Non-Discrimination

(1) Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any connected obligations, which is other than or more burdensome than the taxation and connected obligations to which nationals of that other State are or may be subjected to under the same circumstances, in particular in terms of residence. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States.

(2) The taxation on a permanent establishment that an enterprise of a Contracting State has in the other Contracting State shall not be less favorably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, exemptions or reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.

(3) Except where the provisions of paragraph (1) of Article 9, paragraph (4) of Article 11, or paragraph (4) of Article 12, apply, for the purpose of determining the taxable profits of such enterprise, any interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. In addition, any debts of an enterprise of a Contracting State vis-à-vis a resident of the other Contracting State shall be deductible for the purpose of determining the taxable capital of such enterprise under the same conditions as if such debts had been contracted with a resident of the first- mentioned State.

(4) Enterprises of a Contracting State, whose capital is wholly or partly, owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any connected obligations which are other than or more burdensome than the taxation and connected obligations to which other similar enterprises of the first-mentioned State are or may be subjected.

*(5) The provisions of this present Article shall apply, notwithstanding the provisions of Article 2 of this Convention, to taxes of every kind or description.