rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-ten-behoeve-van-curaçao-en-de-repu/BWBV0007096/README.md

---
titel: Verdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en
  de Republiek Cyprus tot het vermijden van dubbele belasting met betrekking tot belastingen
  naar het inkomen en het voorkomen van het ontduiken en ontwijken van belasting
bwb_id: BWBV0007096
type: verdrag
status: geldend
datum_inwerkingtreding: '2026-02-28'
bron: https://wetten.overheid.nl/BWBV0007096
citeertitel: Verdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao,
  en de Republiek Cyprus tot het vermijden van dubbele belasting met betrekking tot
  belastingen naar het inkomen en het voorkomen van het ontduiken en ontwijken van
  belasting
---

# Verdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Cyprus tot het vermijden van dubbele belasting met betrekking tot belastingen naar het inkomen en het voorkomen van het ontduiken en ontwijken van belasting

### Artikel 1

**1.** This Convention shall apply to persons who are residents of one or both of the Contracting States.

**2.** For the purposes of this Convention, income derived by or through an entity or arrangement that is treated as wholly or partly fiscally transparent under the tax law of either Contracting State shall be considered to be income of a resident of a Contracting State but only to the extent that the income is treated, for purposes of taxation by that State, as the income of a resident of that State.

### Artikel 2

**1.** This Convention shall apply to taxes on income imposed on behalf of a Contracting State or of its political subdivisions or local authorities, irrespective of the manner in which they are levied.

**2.** There shall be regarded as taxes on income all taxes imposed on total income or on elements of income, including taxes on gains from the alienation of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises.

**3.**

The existing taxes to which the Convention shall apply are in particular:

a) a)
        in the case of the Republic of Cyprus:
        
          
            (i)
            the income tax;
          
          
            (ii)
            the corporate income tax;
          
          
            (iii)
            the special contribution for the Defense of the Republic; and
          
          
            (iv)
            the capital gains tax;
(i) (i)
            the income tax;
(ii) (ii)
            the corporate income tax;
(iii) (iii)
            the special contribution for the Defense of the Republic; and
(iv) (iv)
            the capital gains tax;
b) b)
        in the case of Curaçao:
        
          
            (i)
            the income tax (de inkomstenbelasting);
          
          
            (ii)
            the wages tax (de loonbelasting); and
          
          
            (iii)
            the profit tax (de winstbelasting).
(i) (i)
            the income tax (de inkomstenbelasting);
(ii) (ii)
            the wages tax (de loonbelasting); and
(iii) (iii)
            the profit tax (de winstbelasting).

**4.** The Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes that have been made in their taxation laws.

### Artikel 3

**1.**

For the purposes of this Convention, unless the context otherwise requires:

a) a)
        the term “Cyprus” means the Republic of Cyprus and, when used in a geographical sense, includes the national territory, the territorial sea thereof as well any area outside the territorial sea, including the contiguous zone, the exclusive economic zone and the continental shelf, which has been or may hereafter be designated under the laws of Cyprus and in accordance with international law as an area within which Cyprus may exercise sovereign rights or jurisdiction;
b) b)
        the term “Curaçao” means the part of the Kingdom of the Netherlands which is situated in the Caribbean Sea and consists of the territory of Curaçao including its territorial sea and any area beyond and adjacent to its territorial sea within which the Kingdom of the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights, but excluding the parts thereof relating to Aruba and Bonaire;
c) c)
        the terms “a Contracting State” and “the other Contracting State” mean the Kingdom of the Netherlands, in respect of Curaçao, or Cyprus, as the context requires;
d) d)
        the term “person” includes an individual, a company and any other body of persons;
e) e)
        the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
f) f)
        the term “enterprise” applies to the carrying on of any business;
g) g)
        the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
h) h)
        the term “international traffic” means any transport by a ship or aircraft operated by an enterprise that has its place of effective management in a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;
i) i)
        the term “competent authority” means:
        
          
            (i)
            in Cyprus the Minister of Finance or the Minister’s authorized representative;
          
          
            (ii)
            in Curaçao, the Minister of Finance or the Minister’s authorized representative;
(i) (i)
            in Cyprus the Minister of Finance or the Minister’s authorized representative;
(ii) (ii)
            in Curaçao, the Minister of Finance or the Minister’s authorized representative;
j) j)
        the term “national”, in relation to a Contracting State, means:
        
          
            (i)
            any individual possessing the nationality or citizenship of that Contracting State; and
          
          
            (ii)
            any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State;
(i) (i)
            any individual possessing the nationality or citizenship of that Contracting State; and
(ii) (ii)
            any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State;
k) k)
        the term “business” includes the performance of professional services and of other activities of an independent character;
l) l)
        the term “recognised pension fund’’ of a State means an entity or arrangement established in that State that is treated as a separate person under the taxation laws of that State and:
        
          
            (i)
            that is established and operated exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals and that is regulated as such by that State or one of its political subdivisions or local authorities; or
          
          
            (ii)
            that is established and operated exclusively or almost exclusively to invest funds for the benefit of entities or arrangements referred to in subdivision (i).
(i) (i)
            that is established and operated exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals and that is regulated as such by that State or one of its political subdivisions or local authorities; or
(ii) (ii)
            that is established and operated exclusively or almost exclusively to invest funds for the benefit of entities or arrangements referred to in subdivision (i).

**2.** As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires or the competent authorities agree to a different meaning pursuant to the provisions of Article 23, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.

### Artikel 4

**1.** For the purposes of this Convention, the term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management, place of incorporation or any other criterion of a similar nature, and also includes that State and any political subdivision or local authority thereof as well as a recognised pension fund of that State. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State.

**2.**

Where by reason of the provisions of paragraph 1 of this Article an individual is a resident of both Contracting States, then his status shall be determined as follows:

a) a)
        he shall be deemed to be a resident only of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);
b) b)
        if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;
c) c)
        if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;
d) d)
        if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

**3.** Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the State in which its place of effective management is situated.

### Artikel 5

**1.** For the purposes of this Convention, the term “permanent establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on.

**2.**

The term “permanent establishment” includes especially:

a) a)
        a place of management;
b) b)
        a branch;
c) c)
        an office;
d) d)
        a factory;
e) e)
        a workshop; and
f) f)
        a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.

**3.** A building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months.

**4.**

Notwithstanding the preceding provisions of this Article, the term “permanent establishment” shall be deemed not to include:

a) a)
        the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
b) b)
        the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
c) c)
        the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
d) d)
        the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise;
e) e)
        the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character;
f) f)
        the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) to e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.

**5.** Notwithstanding the provisions of paragraphs 1 and 2, where a person – other than an agent of an independent status to whom paragraph 6 applies – is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.

**6.** An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business.

**7.** The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.

### Artikel 6

**1.** Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.

**2.** The term “immovable property” shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships, boats and aircraft shall not be regarded as immovable property.

**3.** The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property.

**4.** The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise.

### Artikel 7

**1.** Profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits that are attributable to the permanent establishment in accordance with the provisions of paragraph 2 may be taxed in that other State.

**2.** For the purposes of this Article and Article 21 the profits that are attributable in each Contracting State to the permanent establishment referred to in paragraph 1 are the profits it might be expected to make, in particular in its dealings with other parts of the enterprise, if it were a separate and independent enterprise engaged in the same or similar activities under the same or similar conditions, taking into account the functions performed, assets used and risks assumed by the enterprise through the permanent establishment and through the other parts of the enterprise.

**3.** Where, in accordance with paragraph 2, a Contracting State adjusts the profits that are attributable to a permanent establishment of an enterprise of one of the Contracting States and taxes accordingly profits of the enterprise that have been charged to tax in the other State, the other State shall, to the extent necessary to eliminate double taxation on these profits, make an appropriate adjustment to the amount of the tax charged on those profits. In determining such adjustment, the competent authorities of the Contracting States shall, if necessary, consult each other.

**4.** Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.

### Artikel 8

**1.** Profits of an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State.

**2.** For the purpose of this Article, profits from the operation of ships or aircraft in international traffic include profits derived from the rental of ships or aircraft on a full time (time or voyage) or bareboat basis.

**3.** Profits of an enterprise of a Contracting State from the use, maintenance or rental of containers (including trailers, barges and related equipment for the transport of containers) used for the transport of goods or merchandise shall be taxable only in that State, except where such containers are used for the transport of goods or merchandise solely between places within the other Contracting State.

**4.** For the purposes of this Article, interest on funds connected directly with the operation of ships or aircraft in international traffic shall be regarded as profits derived from the operation of such ships or aircraft, and the provisions of Article 11 shall not apply in relation to such interest.

**5.** The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency.

### Artikel 9

**1.**

Where

a) a)
        an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or
b) b)
        the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

**2.** Where a Contracting State includes in the profits of an enterprise of that State – and taxes accordingly – profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall, if necessary, consult each other.

### Artikel 10

**1.** Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State shall be taxable only in that other State.

**2.** The term “dividends” as used in this Article means income from shares, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident.

**3.** The provisions of paragraph 1 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.

**4.** Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.

### Artikel 11

**1.** Interest arising in a Contracting State and paid to a resident of the other Contracting State shall be taxable only in that other State.

**2.** The term “interest” as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor’s profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as interest for the purpose of this Article.

**3.** The provisions of paragraph 1 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.

**4.** Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.

### Artikel 12

**1.** Royalties arising in a Contracting State and beneficially owned by a resident of the other Contracting State shall be taxed only in that other State.

**2.** The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. However, the term “royalties” will not include income for the use of, or the right to use ships or aircrafts.

**3.** The provisions of paragraph 1 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.

**4.** Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.

### Artikel 13

**1.** Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State.

**2.** Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise), may be taxed in that other State.

**3.** Gains from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in the Contracting State of the enterprise.

**4.** Gains derived by a resident of a Contracting State from the alienation of shares deriving more than 50 per cent of their value directly or indirectly from immovable property situated in the other Contracting State may be taxed in that other State. However, this paragraph shall not apply to gains derived from alienation of shares listed on an approved stock exchange.

**5.** Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3 and 4 shall be taxable only in the Contracting State of which the alienator is a resident.

### Artikel 14

**1.** Subject to the provisions of Articles 15, 16 and 17, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.

**2.**

Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if:

a) a)
        the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned; and
b) b)
        the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and
c) c)
        the remuneration is not borne by a permanent establishment which the employer has in the other State.

**3.** Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State shall be taxable only in that state.

### Artikel 15

**1.** Directors’ fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State.

**2.** Where a company is a resident of Curaçao, the term “member of the board of directors” includes both a “bestuurder” and a “commissaris”. The terms “bestuurder” and “commissaris” mean respectively persons who are charged with the general management of the company and persons who are charged with the supervision thereof.

### Artikel 16

Subject to the provisions of paragraph 2 of Article 17, pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State.

### Artikel 17

**1.** a) a)
        Salaries, wages and other similar remuneration paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State;
b) b)
        However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who:
        
          
            (i)
            is a national of that State; or
          
          
            (ii)
            did not become a resident of that State solely for the purpose of rendering the services.
(i) (i)
            is a national of that State; or
(ii) (ii)
            did not become a resident of that State solely for the purpose of rendering the services.

**2.** a) a)
        Notwithstanding the provisions of paragraph 1, pensions and other similar remuneration paid by, or out of funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State;
b) b)
        However, such pensions and other similar remuneration shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that State.

**3.** The provisions of Articles 14, 15 and 16 shall apply to salaries, wages, pensions, and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof.

### Artikel 18

Payments which a student or business apprentice who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of his education or training receives for the purpose of his maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State.

### Artikel 19

**1.** The provisions of this Article shall apply notwithstanding any other provision of this Convention.

**2.** An enterprise of a Contracting State which carries on offshore activities in the other Contracting State shall, subject to paragraphs 4 and 5 be deemed to be carrying on business in that other State through a permanent establishment situated therein.

**3.** The term “offshore activities” as used in this Article means activities which are carried on offshore in a Contracting State in connection with the exploration or exploitation of the seabed and the subsoil and their natural resources situated in that State and includes the installation and exploitation of pipelines and other installations under or above the surface of the sea in that State.

**4.**

The provisions of paragraph 2 shall not apply where the offshore activities are carried on in the other Contracting State for a period or periods not exceeding in the aggregate 30 days in any twelve-month period beginning or ending in the fiscal year concerned. For the purposes of this paragraph:

a) a)
        where an enterprise of a Contracting State carrying on offshore activities in the other Contracting State is associated with another enterprise carrying on substantially similar offshore activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, with the exception of activities which are carried on at the same time as its own activities;
b) b)
        an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or at least 25% of the capital of the other or if the same person or persons participate directly or indirectly in the management, control or at least 25% of the capital of both enterprises.

**5.** The provisions of paragraph 2 shall not apply to the transportation of supplies or personnel by a ship or aircraft to a location where offshore activities are being carried on, or to the operation of tug boats or anchor handling vessels in connection with such activities.

**6.** a) a)
        Subject to subparagraphs b) and c) of this paragraph, salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with offshore activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State;
b) b)
        However, such remuneration shall be taxable only in the first-mentioned State if:
        
          
            (i)
            the recipient is present in connection with such employment in the other State for a period or periods not exceeding in the aggregate 30 days in any twelve-month period commencing or ending in the fiscal year concerned; and
          
          
            (ii)
            the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and
          
          
            (iii)
            the remuneration is not borne by a permanent establishment which the employer has in the other State.
(i) (i)
            the recipient is present in connection with such employment in the other State for a period or periods not exceeding in the aggregate 30 days in any twelve-month period commencing or ending in the fiscal year concerned; and
(ii) (ii)
            the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and
(iii) (iii)
            the remuneration is not borne by a permanent establishment which the employer has in the other State.
c) c)
        Salaries, wages and similar remuneration in respect of an employment exercised aboard a ship or aircraft operated by an enterprise of a Contracting State engaged in the transportation of supplies or personnel to a location where offshore activities are being carried on, or in respect of any employment exercised aboard a tugboat or anchor handling vessel operated by an enterprise of a Contracting State in connection with such activities shall be taxable only in that State.

**7.**

Gains derived by an enterprise of a Contracting State from the alienation of:

a) a)
        exploration or exploitation rights;
b) b)
        movable property situated in the other Contracting State and used in connection with offshore activities, as defined in paragraph 3, carried on in that other State which are subject to the provisions of paragraph 2; or
c) c)
        shares or comparable interest deriving their value or the greater part of their value directly or indirectly from such rights or such property or from such rights and such property taken together;

may be taxed in that other State.

In this paragraph “exploration or exploitation rights” means rights to assets to be produced by the exploration or exploitation of the seabed and subsoil and their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.

### Artikel 20

**1.** Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State.

**2.** The provisions of paragraph 1 shall not apply to income, other than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein and the right or property in respect of which the income is paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.

### Artikel 21

**1.**

In the case of Cyprus, double taxation shall be avoided as follows:

Subject to the provisions of Cyprus tax law regarding credit for foreign tax, there shall be allowed as a credit against Cyprus tax payable in respect of any item of income derived from Curaçao the tax paid under the laws of Curaçao and in accordance with this Convention. The credit shall not, however, exceed that part of the Cyprus tax, as computed before the credit is given, which is appropriate to such items of income or gain.

**2.**

In the case of Curaçao double taxation shall be avoided as follows:

a) a)
        Curaçao may include in the basis upon which taxes are imposed on its residents, the items of income which according to the provisions of this Convention may be taxed or shall be taxable only in Cyprus. In such cases, however, Curaçao shall allow a reduction or deduction from the Curaçaos tax according to the provisions of paragraphs b, c and d;
b) b)
        Where a resident of Curaçao derives items of income which according to paragraph 1 of Article 6, paragraph 1 of Article 7, paragraphs 1, 2 and 4 of Article 13, paragraphs 1 and 3 of Article 14, Article 16, paragraph 1 (subparagraph a) of Article 17, Article 18 and paragraph 2 of Article 20 of this Convention may be taxed in the other Contracting State and are included in the basis referred to in paragraph 2 (a), Curaçao shall exempt such items of income by allowing a deduction of the Curaçao tax. This deduction is calculated based on the exemption with progression method taking into account the provisions of laws of Curaçao for the avoidance of double taxation where applicable;
c) c)
        The provisions of paragraph 2 (b) shall not apply to items of income derived by a resident of Curaçao where the other Contracting State applies the provisions of this Convention to exempt such items of income from tax. In such case, the provisions of paragraph 2 (d) shall apply accordingly;
d) d)
        Further, Curaçao shall allow a deduction from Curaçao tax so computed for the items of income which according to paragraph 1 of Article 15, and Article 16, of this Convention may be taxed in the other Contracting State to the extent that these items are included in the basis referred to in paragraph 2 (a). This deduction shall be computed in conformity with the provisions of laws of Curaçao for the elimination of double taxation.

### Artikel 22

**1.** Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States.

**2.** Stateless persons who are residents of a Contracting State shall not be subjected in either Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of the State concerned in the same circumstances, in particular with respect to residence, are or may be subjected.

**3.** The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on 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, reliefs, reductions and deductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.

**4.** Except where the provisions of paragraph 1 of Article 9, paragraph 4 of Article 11, or paragraph 4 of Article 12, 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.

**5.** Enterprises of a Contracting State, the capital of which 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 any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first mentioned State are or may be subjected.

**6.** The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of every kind and description.

### Artikel 23

**1.** Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Convention, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of either Contracting State. 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 Convention.

**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 Contracting State, with a view to the avoidance of taxation which is not in accordance with the Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.

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

**4.** The competent authorities of the Contracting States may communicate with each other directly, including through a joint commission consisting of themselves or their representatives, for the purpose of reaching an agreement in the sense of the preceding paragraphs.

### Artikel 24

**1.** The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, or of their political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2.

**2.** Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. Notwithstanding the foregoing, information received by a Contracting State may be used for other purposes when such information may be used for such other purposes under the laws of both States and the competent authority of the supplying State authorizes such use.

**3.**

In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation:

a) a)
        to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
b) b)
        to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;
c) c)
        to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy (ordre public).

**4.** If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information.

**5.** In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.

### Artikel 25

Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.

### Artikel 26

Notwithstanding the other provisions of this Convention, a benefit under this Convention shall not be granted in respect of an item of income if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Convention.

### Artikel 27

**1.** This Convention may be extended, either in its entirety or with any necessary modifications, to Aruba or Sint Maarten if the part of the Kingdom of the Netherlands concerned imposes taxes substantially similar in character to those to which the Convention applies. Any such extension shall take effect from such date and shall be subject to such modifications and conditions, including conditions as to termination, as may be specified and agreed in notes to be exchanged through diplomatic channels or in any other manner in accordance with the respective constitutional procedures.

**2.** Unless otherwise agreed, the termination of this Convention shall not also terminate any extension of the Convention to any part of the Kingdom of the Netherlands under paragraph 1 of this Article.

### Artikel 28

**1.** This Convention shall enter into force on the last day of the month following the month in which the later of the notifications has been received in which the respective Contracting States have notified each other in writing, through diplomatic channels, that the formalities constitutionally required in their respective States have been complied.

**2.**

The Convention shall have effect:

a) a)
        in Cyprus:
        
          
            i)
            with regard to taxes withheld at source, in respect of amounts paid or credited on or after the first day of January next following the date upon which this Convention enters into force; and
          
          
            ii)
            with regard to other taxes, in respect of taxable years beginning on or after the first day of January next following the date upon which the Convention enters into force.
i) i)
            with regard to taxes withheld at source, in respect of amounts paid or credited on or after the first day of January next following the date upon which this Convention enters into force; and
ii) ii)
            with regard to other taxes, in respect of taxable years beginning on or after the first day of January next following the date upon which the Convention enters into force.
b) b)
        in Curaçao:
        for taxable years and periods beginning, and taxable events occurring, on or after the first day of January in the calendar year following that in which the Convention has entered into force.

### Artikel 29

This Convention shall remain in force indefinitely, but either of the Contracting States may, on or before 30^th June in any calendar year beginning after the expiration of a period of five years from the date of its entry into force, give to the other Contracting State, through diplomatic channels, written notice of termination. In such event, the Convention shall cease to have effect:

a) a)
      in Cyprus:
      
        
          (i)
          with regard to taxes withheld at source, in respect of amounts paid or credited after the end of the calendar year in which such notice is given; and
        
        
          (ii)
          with regard to other taxes, in respect of taxable years beginning after the end of the calendar year in which such notice is given;
(i) (i)
          with regard to taxes withheld at source, in respect of amounts paid or credited after the end of the calendar year in which such notice is given; and
(ii) (ii)
          with regard to other taxes, in respect of taxable years beginning after the end of the calendar year in which such notice is given;
b) b)
      in Curaçao:
      
        
          (i)
          for taxable years and periods beginning, and taxable events occurring, on or after the first day of January in the calendar year following the calendar year in which the notice of termination has been given;
        
        
          (ii)
          if a notice has been given in the last six months of a calendar year, the Convention shall cease to have effect for taxable years and periods beginning, and taxable events occurring, after the end of the calendar year following the calendar year in which the notice of the termination has been given.
(i) (i)
          for taxable years and periods beginning, and taxable events occurring, on or after the first day of January in the calendar year following the calendar year in which the notice of termination has been given;
(ii) (ii)
          if a notice has been given in the last six months of a calendar year, the Convention shall cease to have effect for taxable years and periods beginning, and taxable events occurring, after the end of the calendar year following the calendar year in which the notice of the termination has been given.