rijk/verdrag/verdrag-ter-bevordering-van-de-economische-betrekkingen-tussen-het-koninkrijk-de/BWBV0003518

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag ter bevordering van de economische betrekkingen tussen het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en de Regering van IJsland	BWBV0003518	verdrag	geldend	2012-01-01	https://wetten.overheid.nl/BWBV0003518	Verdrag ter bevordering van de economische betrekkingen tussen het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en de Regering van IJsland

Verdrag ter bevordering van de economische betrekkingen tussen het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en de Regering van IJsland

Artikel 1

1.

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

a) a) the term “Iceland” means Iceland and, when used in a geographical sense, means the territory of Iceland, including its territorial sea, and any area beyond the territorial sea within which Iceland, in accordance with international law, exercises jurisdiction or sovereign rights with respect to the sea bed, its subsoil and its superjacent waters, and their natural resources; b) b) the term “the Netherlands Antilles” means that part of the Kingdom of the Netherlands that is situated in the Caribbean Sea and consisting of the Island Territories of Bonaire, Curaçao, Saba, St. Eustatius and St. Maarten (Dutch part) including the territorial waters thereof and the part of the seabed and its subsoil under the Caribbean Sea over which the Kingdom of the Netherlands has sovereign rights in accordance with international law but excluding the part thereof relating to Aruba; c) c) the term “competent authority” means:

        (i)
        in the case of Iceland, the Minister of Finance or his authorised representative;
      
      
        (ii)
        in the case of the Netherlands Antilles, the Minister of Finance or his authorised representative;

(i) (i) in the case of Iceland, the Minister of Finance or his authorised representative; (ii) (ii) in the case of the Netherlands Antilles, the Minister of Finance or his authorised representative; d) d) the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes.

2. As regards the application of this Agreement at any time by a Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.

Artikel 2

1. For the purposes of this Agreement, the terms “company resident in Iceland” and “company resident in the Netherlands Antilles” mean any company which under the laws of a Party, is liable to tax therein by reason of its domicile, residence, place of management or any other criterion of a similar nature. The terms “company resident in Iceland” and “company resident in the Netherlands Antilles” do not include any company which is liable to tax in a Party in respect of only income from sources in that Party.

2. Where by reason of the provisions of paragraph 1 a company is resident of both Parties, the competent authorities of the Parties shall endeavour to settle the question by mutual agreement.

Artikel 3

When a company resident in Iceland has a permanent establishment in the Netherlands Antilles, Iceland shall exempt from tax profits, which are attributable to that establishment, provided that the profits are derived from activities listed in Article 5.

Artikel 4

When a company resident in Iceland directly holds shares representing 100 per cent of the voting power in a company resident in the Netherlands Antilles, Iceland shall exempt from tax dividends distributed from the last-mentioned company, provided that the profits of the last mentioned company are derived from activities listed in Article 5.

Artikel 5

1.

Articles 3 and 4 apply to the following activities (excluding financial activities other than those in line with the ordinary course of business) carried out in the Netherlands Antilles:

a) a) industrial and manufacturing activities; b) b) tourism (including restaurants and hotels); c) c) a building site or a construction, assembly or installation project; d) d) agriculture; e) e) mining; f) f) oil and gas activities and energy production; and g) g) installation, operation or maintenance of fixed or mobile telecommunication systems.

2. The right of any company resident in Iceland to engage in the Netherlands Antilles in the activities listed in the preceding paragraph remains subject to the domestic legislation in force in the Netherlands Antilles.

Artikel 6

1. Where a company considers that the actions of one [or both] of the Parties result or will result for it in taxation not in accordance with the provisions of this Agreement, it may, irrespective of the remedies provided by the domestic law of the Party [those Parties], present its case to the competent authority of the Party of which it 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 Agreement.

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 Party, with a view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Parties.

3. The competent authorities of the Parties shall endeavour to resolve by mutual agreement any difficulties arising as to the interpretation or application of the Agreement.

4. The competent authorities of the Parties may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraph[s].

Artikel 7

This Agreement shall apply for a period of ten years from the date when this Agreement becomes applicable. This period may be extended by mutual agreement between the competent authorities of the Parties.

Artikel 8

This Agreement shall enter into force on the first day of the second month after each Party has notified the other in writing, through diplomatic channels, that the internal procedures required by that Party for the entry into force of the Agreement have been complied with. The Agreement shall apply to income earned in any tax year beginning on or after the first day of January of the calendar year next following that in which this Agreement enters into force.

Artikel 9

1. This Agreement shall remain in force until terminated by one of the Parties. Either Party may terminate the Agreement by giving notice of termination in writing at least six months before the end of any calendar year. In such event, the Agreement shall cease to have effect for taxable years and periods beginning after the end of the calendar year in which the notice of termination has been given.

2. This Agreement is supplementary to the Agreement for the Exchange of Information with respect to Taxes between the Parties. Notwithstanding the provisions of paragraph 1, this Agreement shall, on receipt through diplomatic channels of written notice of termination of the Agreement for the Exchange of Information with respect to Taxes, terminate and cease to be effective on the day the Agreement for the Exchange of Information with respect to Taxes between the Parties terminates.