background image

Norway - Sint Maarten 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

Elimination of Double Taxation

(1) In Norway double taxation shall be avoided as follows:

  • (a) Where a resident of Norway derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in the Netherlands Antilles, Norway shall, subject to the provisions of sub-paragraph (b), exempt such income or capital from tax but may, in calculating tax on the remaining income or capital of that person, apply the rate of tax which would have been applicable if the exempted income or capital had not been so exempted.
  • (b) Where a resident of Norway derives items of income which, in accordance with the provisions of Article 10, paragraph (5) of Article 13 and Articles 16, 18 and 21 may be taxed in the Netherlands Antilles, Norway shall allow as a deduction from the tax on the income of that person an amount equal to the tax paid in the Netherlands Antilles. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to the income derived from the Netherlands Antilles.

(2) In the Netherlands Antilles double taxation shall be avoided as follows:

  • The Netherlands Antilles, when imposing tax on its residents, may include in the basis upon which such taxes are imposed the items of income which, according to the provisions of this Convention may be taxed in Norway, provided that the Netherlands Antilles allows as a credit against the tax so computed, the amount of tax payable under the laws of Norway and in accordance with this Convention.
  • The amount of the credit shall be equal to such part of that tax which bears the same proportion to the total tax, as the part of the income which is included in the basis abovementioned bears to the total income which form that basis. However the competent authority of the Netherlands Antilles may determine that either generally or in a particular case less than the full credit may be allowed.