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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 23

Elimination of Double Taxation

(1) It is agreed that double taxation shall be avoided in accordance with the following paragraphs of this Article.

(2) In the case of Italy:

  • If a resident of Italy owns items of income which are taxable in Syria, Italy, in determining its income taxes specified in Article 2 of this Convention, may include in the basis upon which such taxes are imposed the said items of income, unless specific provisions of this Convention otherwise provide.
  • In such a case, Italy shall deduct from the taxes so calculated the income tax paid in Syria but in an amount not exceeding that proportion of the aforesaid Italian tax which such items of income bear to the entire income.
  • However, no deduction will be granted if the item of income is subjected in Italy to a final withholding tax by request of the recipient of the said income in accordance with the Italian law.

(3) In the case of Syria:

  • (a) Where a resident of Syria derives income which, in accordance with the provisions of this Convention, may be taxed in Italy, Syria shall allow a deduction from the tax of that resident equal to the income tax paid in Italy. Such deduction in either case shall not, however, exceed that part of the income tax, as computed before the deduction is given, which may be attributable, as the case may be, to the income which may be taxed in Italy.
  • (b) Where in accordance with any provision of this Convention, income derived by a resident of Syria is exempt from tax in Syria, Syria may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.