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Agreements And Double Protocols Imposicion Exploitation Aircraft - Panama - Full Text Of The Norm

Original Language Title: CONVENIOS Y PROTOCOLOS DOBLE IMPOSICION EXPLOTACION AERONAVES - PANAMA - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS AND PROTOCOLS Law 25.953 Appropriate the Convention to Prevent the Double Imposition in the Exploitation of Aircraft in International Transport and the Protocol on International Maritime Transport, signed with the Government of the Republic of Panama. Sanctioned: November 3, 2004 Cast: December 2, 2004

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1the Convention between the Government of the Republic of Armenia and the Government of the Republic of Panama, on 10 May 1996

ARTICLE 2or . Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE THREE DAYS OF THE NUMBER OF THE YEAR DOS MIL CUATRO.

_

EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.

CONVENTION

ENTRE

THE GOVERNMENT OF THE ARGENTINA REPUBLIC

and

THE GOVERNMENT OF THE PANAMA REPUBLIC

TO EVIATE DOBLE IMPOSITION IN THE AERONAVE EXPLOTATION

IN THE INTERNATIONAL TRANSPORT

The Government of the Argentine Republic and the Government of the Republic of Panama, eager to conclude a Convention to avoid double taxation on income taxes and capital on the exploitation of aircraft in international transport, have agreed:

ARTICLE 1

SUBJECTIVE ENVIRONMENT

This Convention applies to persons residing in one or both Contracting States.

ARTICLE 2

BUDGETS

1. Existing taxes to which, in particular, this Convention shall apply are:

(a) In Argentina:

(i) Income tax;

(ii) Asset tax;

(iii) Tax on personal property not incorporated into the economic process;

(b) in Panama:

(i) Income tax;

(ii) dividend tax;

(iii) Supplementary tax.

2. The Convention shall also apply to taxes of an identical or analogous nature that are established after the date of signature of the same and that are added to the present or substitute taxes.

ARTICLE 3

DEFINITIONS

1. For the purposes of this Convention:

(a) The term "person" includes individuals, societies of persons, societies, successions, and any other grouping of persons;

(b) the term "society" means any legal person or any entity that is considered a legal person for tax purposes;

c) the term "company of a Contracting State" means a company exploited by a resident of a Contracting State;

d) the expression "international transport" means the business of transporting passengers, cargoes and mail, carried out by the owner, tenant or charterer of aircraft;

e) the expression "competent authority" means:

(i) in Argentina: the Ministry of Economy and Public Works and Services, the Ministry of Public Income.

(ii) in Panama: the Ministry of Finance and Treasury, General Directorate of Income.

f) the term "nationals" means:

(i) All natural persons possessing the nationality of a Contracting State; and

(ii) All legal persons, associations of persons and associations established in accordance with the legislation in force in a Contracting State.

2. For the application of the Convention by a Contracting State, any expression not defined in the Convention shall have the meaning attributed to it by the law of this State, concerning the taxes that are subject to the Convention, unless a different interpretation is inferred from its context.

ARTICLE 4

RESIDENT

1. For the purposes of this Convention, the term "resident of a Contracting State" means any person who, under the law of this State, is subject to the imposition thereof on account of his or her domicile, residence, address, place of incorporation or any other similar criterion provided for in such legislation.

2. Where a natural person is resident of both Contracting States under the provisions of paragraph 1 above, his or her situation shall be resolved as follows:

(a) This person is considered a resident of the State where he/she has permanent housing at his/her disposal, if he/she has permanent housing at his/her disposal in both States, he/she shall be considered a resident of the State with which he/she maintains closer personal and economic relations (center of vital interests);

(b) If the State in which the person has the centre of his or her vital interests cannot be determined, or if he or she does not have permanent housing at his disposal in any State, he or she shall be considered a resident of the Contracting State where he or she habitually lives;

(c) If he habitually lives in both States or does not do so in any of them, he shall be considered a resident of the State of which he is a national;

(d) Whether or not it is a national of both States, the competent authorities of the two Contracting States shall resolve the case of common agreement.

3. Where under the provisions of paragraph 1 a person who is not a natural person is a resident of both Contracting States, he or she shall be considered a resident of the State in which his or her headquarters is located.

ARTICLE 5

IMPOSICION A LA RENTA AND GANACIAS de CAPITAL

1. The benefits from the exploitation of aircraft in international transport will only be taxable in the Contracting State in which the company that operates such aircraft resides.

2. For the purposes of this Article the benefits of a resident of a Contracting State from the exploitation in the international transport of aircraft shall also include the benefits of:

(a) the leasing of aircraft operated in international transport by a resident tenant of that Contracting State, or whether the benefits of such lease are accessories to other benefits included in paragraph 1;

(b) Participation in a "pool", a common exploitation or an international exploitation agency.

In addition, the rents originating from the rental of containers will only be taxable in the Contracting State in which the international transport company resides when such goods are used in the international transport activity carried out by the company.

3. Remuneration from a job performed on board an aircraft operated in international transport may be imposed on the Contracting State in which the company that operates such an aircraft resides.

4. The proceeds from the disposal of aircraft operating in international transport or of movable or immovable property affected exclusively to the exploitation of such aircraft shall be only taxable in the Contracting State in which the company that operates such aircraft resides.

ARTICLE 6

IMPOSITION TO CAPITAL

The capital represented by aircraft operating in international transport and by movable or immovable property affected exclusively to the exploitation of such aircraft shall be imposed only in the Contracting State in which the company that operates such aircraft resides.

ARTICLE 7

PROCEDURES AMISTS

The competent authorities of the Contracting States may be consulted when they consider it appropriate to ensure the observance and mutual implementation of the principles and provisions of this Convention.

ARTICLE 8

INTERCHANGE OF INFORMATION

The competent authorities of the Contracting States shall exchange the information necessary to implement the provisions of this Convention.

ARTICLE 9

VIGENCE

The present Convention shall enter into force on the date of the last notification by which the Parties are informed that they have complied with all domestic approval requirements.

ARTICLE 10

TERMINATION

This Convention shall remain in force until it is denounced by one of the Contracting States. Any Contracting State may denounce the Convention at any time, by diplomatic means, and the Convention shall cease to have effect from 1 January following the date of denunciation.

HECHO in PANAMA, 10 MAY 1996, in two copies, in Spanish, equally valid.

OF THE REPUBLIC OF ARGENTINA

REPUBLIC OF PANAMA

PROTOCOL

EN

INTERNATIONAL MARITIMO TRANSPORT MATERIA

CONCERNING

AL

CONVENTION

THE ARGENTINA REPUBLIC

And

REPUBLIC OF PANAMA

FOR

Avoidance of DOBLE IMPOSITION

IN THE AERONAVE EXPLOTATION

IN THE INTERNATIONAL TRANSPORT,

10 MAY 1996

Article 1.- The provisions provided for in the Convention between the Government of the Republic of Panama and the Government of the Argentine Republic to avoid double imposition on the exploitation of aircraft in international transport, signed in Panama on 10 May 1996 by both States, shall be extended to the exercise of international maritime transport between the two countries.

Article 2.- The present Protocol shall enter into force on the date of the last notification by which both States are advised to have complied with all domestic approval requirements.

Made in Buenos Aires, on August 20, 1997, in two originals, both equally authentic.

For the Argentine Republic

For the Republic of Panama