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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 12

Royalties

(1) Royalties arising in a Contracting State and paid to a resident of the other Contracting State shall be taxable in that other State.

(2) The term "royalties" as used in this Article means payments of any kind derived as a consideration for the use of, or the right to use, any copyright of an author, any patent, trademark, design or model, plan, secret formula or process as well as for the use of, or the right to use, any industrial, commercial or scientific equipment or for any information related with experience acquired in the field of industry, commerce, or science (know-how); this term also includes payments of any kind relating to cinematographic films and recorded works on films and tapes or any other means of television reproduction.

(3) The provisions of paragraph (1) of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on an industrial or commercial activity in the other Contracting State in which the royalties arise, through a permanent establishment situated therein or through a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply.

(4) Royalties are deemed to arise in a Contracting State in case the payer is that State itself, one of its administrative or political sub divisions, one of its local authorities, or a resident of that State. In case the payer of the royalties, whether a resident of a Contracting State or not, has a permanent establishment or a fixed base in a Contracting State for which the contract giving rise to the payment of the royalties has been entered and which as such incurs the charge thereof, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated.