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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 8

Sea and Air Traffic

(1) Profits from the operation of ships or aircraft in international traffic shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.

(2) Profits arising from the operation of boats used for internal navigation shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.

(3) Where the place of effective management of a shipping enterprise or of an internal navigation enterprise is aboard a ship or a boat, then such enterprise shall be deemed to be situated in the Contracting State in which the home harbor of this ship or boat is situated. If there is no such home harbor, then it shall be deemed to be situated in the Contracting State of which the operator of the ship or the boat is a resident.

(4) The provisions of paragraph (1) of this Article shall also apply to profits arising from the participation in a pool, a joint business, or an international operating agency.