BWBV0002844
Geldig vanaf 11-12-1997
Artikel 23
Overeenkomst tussen het Koninkrijk der Nederlanden en de Republiek Venezuela tot het vermijden van dubbele belasting en het voorkomen van het ontgaan van belasting met betrekking tot belastingen naar het inkomen
1. The Netherlands, 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 Venezuela.
2. However, where a resident of the Netherlands derives items of income which according to Article 6, Art\icle 7, paragraph 7 of Article 10, paragraph 6 of Article 11, paragraph 5 of Article 12, paragraphs 1 and 2 of Article 13, Article 14, paragraph 1 of Article 15, paragraph 3 of Article 18, paragraphs 1 (sub-paragraph a) and 2 (sub-paragraph a) of Article 19 and paragraph 2 of Article 22 of this Convention may be taxed in Venezuela and are included in the basis referred to in paragraph 1, the Netherlands shall exempt such items of income by allowing a reduction of its tax. This reduction shall be computed in conformity with the provisions of Netherlands law for the avoidance of double taxation. For that purpose the said items of income shall be deemed to be included in the total amount of the items of income which are exempt from Netherlands tax under those provisions.
3. Further, the Netherlands shall allow a deduction from the Netherlands tax so computed for the items of income which according to paragraph 2 of Article 10, paragraph 2 of Article 11, paragraph 2 of Article 12, paragraph 5 of Article 13, Article 16, Article 17 and paragraph 2 of Article 18 of this Convention may be taxed in Venezuela to the extent that these items are included in the basis referred to in paragraph 1. The amount of this deduction shall be equal to the tax paid in Venezuela on these items of income, but shall not exceed the amount of the reduction which would be allowed if the items of income so included were the sole items of income which are exempt from Netherlands tax under the provisions of Netherlands law for the avoidance of double taxation.
4. When the Venezuelan tax actually levied on interest and royalties arising in Venezuela is lower than the tax Venezuela may levy according to paragraph 2 of Article 11 and paragraph 2 of Article 12, then the amount of tax paid in Venezuela on these items of income as meant in paragraph 3 of this Article shall be deemed to be equal to the amount Venezuela may levy according to the provisions of this Convention.
However, if the general tax rates under the law of Venezuela applicable to the afore-mentioned interest and royalties are reduced below those mentioned in the foregoing sentence these lower rates shall apply for the purpose of that sentence.
The provisions of the two foregoing sentences shall only apply for a period of ten years after the date on which the Convention became effective. This period may be extended by mutual agreement between the competent authorities.
5. In the case of Venezuela, double taxation shall be avoided as follows:
When a resident of Venezuela receives income which according to the provisions of this Convention may be taxed in the Netherlands, this income shall be exempt from Venezuelan tax on income.
2. However, where a resident of the Netherlands derives items of income which according to Article 6, Art\icle 7, paragraph 7 of Article 10, paragraph 6 of Article 11, paragraph 5 of Article 12, paragraphs 1 and 2 of Article 13, Article 14, paragraph 1 of Article 15, paragraph 3 of Article 18, paragraphs 1 (sub-paragraph a) and 2 (sub-paragraph a) of Article 19 and paragraph 2 of Article 22 of this Convention may be taxed in Venezuela and are included in the basis referred to in paragraph 1, the Netherlands shall exempt such items of income by allowing a reduction of its tax. This reduction shall be computed in conformity with the provisions of Netherlands law for the avoidance of double taxation. For that purpose the said items of income shall be deemed to be included in the total amount of the items of income which are exempt from Netherlands tax under those provisions.
3. Further, the Netherlands shall allow a deduction from the Netherlands tax so computed for the items of income which according to paragraph 2 of Article 10, paragraph 2 of Article 11, paragraph 2 of Article 12, paragraph 5 of Article 13, Article 16, Article 17 and paragraph 2 of Article 18 of this Convention may be taxed in Venezuela to the extent that these items are included in the basis referred to in paragraph 1. The amount of this deduction shall be equal to the tax paid in Venezuela on these items of income, but shall not exceed the amount of the reduction which would be allowed if the items of income so included were the sole items of income which are exempt from Netherlands tax under the provisions of Netherlands law for the avoidance of double taxation.
4. When the Venezuelan tax actually levied on interest and royalties arising in Venezuela is lower than the tax Venezuela may levy according to paragraph 2 of Article 11 and paragraph 2 of Article 12, then the amount of tax paid in Venezuela on these items of income as meant in paragraph 3 of this Article shall be deemed to be equal to the amount Venezuela may levy according to the provisions of this Convention.
However, if the general tax rates under the law of Venezuela applicable to the afore-mentioned interest and royalties are reduced below those mentioned in the foregoing sentence these lower rates shall apply for the purpose of that sentence.
The provisions of the two foregoing sentences shall only apply for a period of ten years after the date on which the Convention became effective. This period may be extended by mutual agreement between the competent authorities.
5. In the case of Venezuela, double taxation shall be avoided as follows:
When a resident of Venezuela receives income which according to the provisions of this Convention may be taxed in the Netherlands, this income shall be exempt from Venezuelan tax on income.
- Citeren als
- Art. 23
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0002844
- Officiële bron
- wetten.overheid.nl