background image
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 25

Non-Discrimination

(1) The nationals of a Contracting State, shall not be subjected in the other Contracting State to any taxation or connected obligations, which are other than or more burdensome than the taxation or connected obligations to which nationals of that other State, are or may be subjected under the same circumstances, particularly with respect to their residence. This provision shall, notwithstanding the provisions of Article 1 of this Convention shall also apply to persons who are not residents of one or both of the Contracting States.

(2) Taxation levied on a permanent establishment that an enterprise of a Contracting State has in the other Contracting State shall not be less favourable in that other Contracting State than the taxation levied on enterprises of the other State performing 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, fiscal relief or reductions for taxation purposes, which it grants to its own residents on account of their civil status or family responsibilities.

(3) Except where the provisions of paragraph (1) of Article 9, paragraph (7) of Article 11, or paragraph (6) of Article 12 of this Convention apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. Similarly, any debts of an enterprise of a Contracting State, owed to a resident of the other Contracting State shall, for the purpose of determining the tax on capital of such enterprise, be subject to deductions on the same terms as if they had been incurred 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 connected obligations which are other than or more burdensome than the taxation or connected obligations to which other similar enterprises of the first-mentioned State, are or may be subjected to.

(5) Notwithstanding the provisions of Article 2 of this Convention, the provisions of this Article shall be applicable to all taxes regardless of their nature or denomination.