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CHAPTER I - Scope of the Arrangement
CHAPTER II - Definitions
CHAPTER III - Taxation of Income
CHAPTER IV - Avoidance of Double Taxation
CHAPTER V - Special Provisions
CHAPTER VI - Final Provisions
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

Mutual Agreement Procedure

(1) Where a person considers that the actions of one or both of the countries result or will result for him in taxation not in accordance with the provisions of this Arrangement, he may, irrespective of the remedies provided by the domestic law of those countries, present his case to the competent authority of the country of which he is a resident. The case must be presented within three years from the first-notification of the action resulting in taxation not in accordance with the provisions of the Arrangement.

(2) The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other country, with a view to the avoidance of taxation which is not in accordance with the Arrangement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the countries.

(3) The competent authorities of the countries shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Arrangement. They may also consult together for the elimination of double taxation in cases not provided for in the Arrangement.

(4) The competent authorities of the countries may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs.

(5) Where:

  • (a) under paragraph (1), a person has presented a case to the competent authority of a country on the basis that the actions of one or both of the countries have resulted for that person in taxation not in accordance with the provisions of this Arrangement, and
  • (b) the competent authorities are unable to reach an agreement to resolve that case pursuant to paragraph (2) within two years from the presentation of the case to the competent authority of the other country,

any unresolved issues arising from the case shall be submitted to arbitration if the person so requests. Unless a person directly affected by the case does not accept the mutual agreement that implements the arbitration decisions, that decision shall be binding on both countries and shall be implemented notwithstanding any time limits in the domestic laws of these countries.

(6) The countries shall by mutual agreement settle the mode of application of paragraph (5).

(7) The competent authorities of the countries may agree, in respect of an agreement reached through the mutual agreement procedure referred to in the preceding paragraphs that the country in which there is an additional tax charge as a result of the aforementioned agreement shall not impose any increases, surcharges, interest and costs with respect to this additional tax charge, provided that the other country, in which there is a corresponding reduction of tax as a result of the agreement, refrains from the payment of any interest due with respect to such a reduction of tax.

(8) If an agreement has been reached in cases where:

  • (a) as a result of the application of paragraph (2) of Article 3 regarding the interpretation of a term not defined; or
  • (b) as a result of differences in qualification, for example of an item of income or of a person,

a situation of double taxation or double exemption would occur, then this agreement, after publication thereof by both competent authorities, shall also be binding in other similar cases for the purposes of this Arrangement.