BWBV0004968
Geldig vanaf 01-12-2011
Artikel 21
Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Panama tot het vermijden van dubbele belasting en het voorkomen van het ontgaan van belasting met betrekking tot belastingen naar het inkomen
1. In the Netherlands, double taxation shall be eliminated as follows:
a) 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 Panama.
b) However, where a resident of the Netherlands derives items of income which according to paragraphs 1, 3, 4 and 5 of Article 6, paragraph 1 of Article 7, paragraph 9 of Article 10, paragraph 5 of Article 11, paragraph 4 of Article 12, paragraphs 1 and 2 of Article 13, paragraph 1 and 3 of Article 14, paragraph 1 of Article 17, paragraph 1 (subparagraph a) of Article 18 and paragraph 2 of Article 20 of this Convention may be taxed in Panama and are included in the basis referred to in subparagraph a), 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 the Netherlands law for the avoidance of double taxation. For that purpose the said items of income shall be deemed to be included in the amount of the items of income which are exempt from Netherlands tax under those provisions.
c) Further, the Netherlands shall allow a reduction from the Netherlands tax so computed for the items of income which according to paragraphs 2 and 11 of Article 10, paragraph 4, 5, 6 and 7 of Article 13, paragraph 1 of Article 15, paragraphs 1 and 2 of Article 16, paragraph 3 of Article 17 and paragraph 4 of Article 20 of this Convention may be taxed in Panama to the extent that these items are included in the basis referred to in paragraph 1. The amount of this reduction shall be equal to the tax paid in Panama on these items of income, but shall, in case the provisions of the Netherlands law for the avoidance of double taxation provide so, not exceed the amount of the reduction which would be allowed if the items of income so included were the sole items of income for which the Netherlands gives a reduction under the provisions of the Netherlands law for the avoidance of double taxation. This subparagraph shall not restrict allowance now or hereafter accorded by the provisions of the Netherlands law for the avoidance of double taxation, but only as far as the calculation of the amount of the reduction of Netherlands tax is concerned with respect to the aggregation of income from more than one country and the carry forward of the tax paid in Panama on the said items of income to subsequent years.
d) Notwithstanding the provisions of subparagraph b), the Netherlands shall allow a reduction from the Netherlands tax for the tax paid in Panama on items of income which according to paragraph 1 of Article 7, paragraph 9 of Article 10, paragraph 5 of Article 11, paragraph 4 of Article 12 and paragraph 2 of Article 20 of this Convention may be taxed in Panama to the extent that these items are included in the basis referred to in subparagraph a), insofar as the Netherlands under the provisions of the Netherlands law for the avoidance of double taxation allows a reduction from the Netherlands tax of the tax levied in another country on such items of income. For the computation of this reduction the provisions of subparagraph c) of this Article shall apply accordingly.
2. In Panama, double taxation shall be eliminated as follows:
a) Where a resident of Panama derives income which, in accordance with the provisions of this Convention, may be taxed in the Netherlands, Panama will exempt such income from taxes.
b) Where in accordance with any provision of the Convention income derived by a resident of Panama is exempt from tax in Panama, Panama may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income.
a) 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 Panama.
b) However, where a resident of the Netherlands derives items of income which according to paragraphs 1, 3, 4 and 5 of Article 6, paragraph 1 of Article 7, paragraph 9 of Article 10, paragraph 5 of Article 11, paragraph 4 of Article 12, paragraphs 1 and 2 of Article 13, paragraph 1 and 3 of Article 14, paragraph 1 of Article 17, paragraph 1 (subparagraph a) of Article 18 and paragraph 2 of Article 20 of this Convention may be taxed in Panama and are included in the basis referred to in subparagraph a), 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 the Netherlands law for the avoidance of double taxation. For that purpose the said items of income shall be deemed to be included in the amount of the items of income which are exempt from Netherlands tax under those provisions.
c) Further, the Netherlands shall allow a reduction from the Netherlands tax so computed for the items of income which according to paragraphs 2 and 11 of Article 10, paragraph 4, 5, 6 and 7 of Article 13, paragraph 1 of Article 15, paragraphs 1 and 2 of Article 16, paragraph 3 of Article 17 and paragraph 4 of Article 20 of this Convention may be taxed in Panama to the extent that these items are included in the basis referred to in paragraph 1. The amount of this reduction shall be equal to the tax paid in Panama on these items of income, but shall, in case the provisions of the Netherlands law for the avoidance of double taxation provide so, not exceed the amount of the reduction which would be allowed if the items of income so included were the sole items of income for which the Netherlands gives a reduction under the provisions of the Netherlands law for the avoidance of double taxation. This subparagraph shall not restrict allowance now or hereafter accorded by the provisions of the Netherlands law for the avoidance of double taxation, but only as far as the calculation of the amount of the reduction of Netherlands tax is concerned with respect to the aggregation of income from more than one country and the carry forward of the tax paid in Panama on the said items of income to subsequent years.
d) Notwithstanding the provisions of subparagraph b), the Netherlands shall allow a reduction from the Netherlands tax for the tax paid in Panama on items of income which according to paragraph 1 of Article 7, paragraph 9 of Article 10, paragraph 5 of Article 11, paragraph 4 of Article 12 and paragraph 2 of Article 20 of this Convention may be taxed in Panama to the extent that these items are included in the basis referred to in subparagraph a), insofar as the Netherlands under the provisions of the Netherlands law for the avoidance of double taxation allows a reduction from the Netherlands tax of the tax levied in another country on such items of income. For the computation of this reduction the provisions of subparagraph c) of this Article shall apply accordingly.
2. In Panama, double taxation shall be eliminated as follows:
a) Where a resident of Panama derives income which, in accordance with the provisions of this Convention, may be taxed in the Netherlands, Panama will exempt such income from taxes.
b) Where in accordance with any provision of the Convention income derived by a resident of Panama is exempt from tax in Panama, Panama may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income.
- Citeren als
- Art. 21
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004968
- Officiële bron
- wetten.overheid.nl