DTT Austria/Bosnia & Herzegovina | DTT Austria/Bosnia & Herzegovina vs OECD-MC |
Entry into force | Not yet in force. |
Effective Date | Not yet effective. |
Art 4 Resident | Art 4 of this Convention does not contain any special provisions in contrast to the OECD-MC. |
Art 5 Permanent establishment | Art 5 of this Convention corresponds to the OECD-MC. |
Art 6 Income from immovable property | Art 6 of this Convention does not contain any special provisions in contrast to the OECD-MC. |
Art 7 Business profits | Art 7 of this Convention corresponds to Art 7 of the OECD-MC. |
Art 8 International transport | Art 8 of this Convention corresponds to the OECD-MC. |
Art 10 Dividends | In accordance with the OECD-MC, Art 10 para 2 lit a of this Convention states that dividends may be taxed in the Contracting State of which the legal entity paying the dividends is a resident and according to the laws of that State, but the withholding tax shall not exceed 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends. |
Art 11 Interest | Corresponding to the OECD-MC, Art 11 para 2 of this Convention states that interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but – in contrast to the OECD-MC – the withholding tax shall not exceed 5 per cent of the gross amount of the interest. |
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which the recipient is a resident, if such recipient is the beneficial owner of the interest and such interest is paid in connection with the sale on credit of any industrial, commercial or scientific equipment or in connection with the sale on credit of any merchandise by one enterprise to another enterprise or on any loan of whatever kind granted, secured or guaranteed by the national or central bank. | |
Art 12 Royalties | Art 12 para 2 of this Convention, in contrast to the OECD-MC, contains a special provision stipulating that royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties, the withholding tax shall not exceed 5 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. |
Art 13 Capital gains | Art 13 of this Convention does not contain a special provision concerning gains from the alienation of shares of a company, the property of which consists directly or indirectly principally of immovable property. |
Art 14 Income from employment | Art 14 of this Convention does not contain any special provisions in contrast to the OECD-MC. |
Art 15 Directors' fees | Art 15 of this Convention – in accordance with Art 15 of the OECD-MC – includes special provisions concerning directors' fees. |
Art 16 Artistes and sportspersons | Art 16 of this Convention corresponds to the OECD-MC. |
Art 20 Professors and teachers | In contrast to the OECD-MC, Art 20 of this Convention contains special provisions concerning individuals who are teaching or carrying out research. |
Art 21 Other income | Pursuant to Art 21 of the OECD-MC, Art 21 of this Convention states that income not dealt with in the other articles of the Convention shall be taxable only in the state of residence. |
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In addition, Art 21 para 3 states that income derived by a resident of a Contracting State from the other Contracting State under a legal claim to maintenance may not be taxed in the state of residence if such income would be exempt from tax according to the laws of the other Contracting State. | |
Art 23 Elimination of double taxation | According to Art 23 of this Convention, double taxation shall be avoided in Austria by the exemption method with progression and in Bosnia & Herzegovina by the credit method. |
Art 26 Exchange of information | Art 26 of this Convention stipulates that the competent authorities of the Contracting States shall exchange information concerning taxes of every kind and description imposed on behalf of the Contracting States, or of their local authorities, insofar as the taxation thereunder is not contrary to the provisions of the Agreement. |
