Artikel A

1. It is understood that the provisions of the Convention which are the same or substantially the same as the corresponding provisions of the OECD Model Tax Convention on Income and on Capital, shall be interpreted according to the OECD Commentary on these provisions at the moment of signing the Convention and to subsequent clarifying modifications of the OECD Commentary on these provisions. The understanding in the preceding sentence shall not apply with respect to any contrary interpretation agreed to in this Protocol, to contrary interpretation agreed to by the competent authorities after the entry into force of the Convention or to reservations or observations to the OECD Model Tax Convention or OECD Commentary by either Contracting State.
2. In the case of an item of income derived by or through a person that is fiscally transparent under the laws of either State, such item shall be considered to be derived by a resident of a State to the extent that the item is treated for the purposes of the taxation law of such State as the income of a resident. Where, by virtue of the preceding sentence, an item of income is considered by a State to be derived by a person who is a resident of that State, and the same item is considered by the other State to be derived by another person who is a resident of that other State, that sentence shall not prevent either State from taxing the item as the income of the person considered by that State to have derived the item of income.
3. Where, in accordance with paragraph 2, an item of income is taxed in a Contracting State in the hands of a person that is fiscally transparent under the laws of the other State, and is also taxed in the hands of a resident of the other Contracting State as a participant in such a person, that other State shall provide relief in respect of taxes imposed in the first-mentioned State on that item of income in accordance with the provisions of Article 22.