Double Tax Treaty With The Republic Of Korea

Original Language Title: Smlouva o zamezení dvojího zdanění s Korejskou republikou

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=43020&nr=124~2F1995~20Sb.&ft=txt

124/1995 Sb.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 27 October. April 1992 was in

Seoul signed an agreement between the Czech and Slovak Federative Republic of Brazil

and the Republic of Korea for the avoidance of double taxation and prevention of tax

the leak in the field of taxes on income.



Exchange of notes Ministry of Foreign Affairs of the Czech Republic of 18 November.

in March 1994, and the Embassy of the Republic of Korea in Prague from 11 October.

April 1994, it was agreed that the agreement between the Czech and the Slovak

Federative Republic of Brazil and the Republic of Korea for the avoidance of double

taxation and prevent tax leakage in the scope of income tax from 27 June.

April 1992 shall be deemed to have been concluded between the Czech Republic and

The Republic of Korea.



With the Treaty, its assent, Parliament of the Czech Republic and the President of the

Republic has ratified it. The instruments of ratification were exchanged in Prague on

March 3, 1995.



Treaty has entered into force pursuant to its article 28, paragraph 2(a). 1 day 3.

March 1995.



The Czech version of the Treaty shall be designated at the same time. In the English version, which is

for its interpretation of the applicable, can be consulted on the Ministry of foreign

Affairs and the Ministry of finance.



CONTRACT



between the Czech and Slovak Federative Republic of Brazil and the Republic of Korea

for the avoidance of double taxation and prevention of tax leakage in the field of taxes from

income



The Government of the Czech and Slovak Federal Republic and the Government of Korea

of the Republic of



Desiring to conclude a Convention for the avoidance of double taxation and the prevention of

tax leakage in the field of taxes on income



have agreed as follows:



Article 1



The person, to which the Treaty applies



This agreement shall apply to persons who have their domicile or registered office in the

one or both of the Contracting States (residents).



Article 2



The taxes to which the Agreement applies



1. this Agreement shall apply to taxes on income imposed on behalf of the

of one of the Contracting States, the administrative departments or

local authorities, whether it is a way of selecting any.



2. the following shall be regarded as taxes on income all taxes imposed on the total

income or the income of the individual parts, including taxes on profits

coming from the disposal of movable or immovable property, taxes on the

total wages paid by companies and the taxes on the increment value.



3. The current tax, to which the Treaty applies,



and in the case of Czechoslovakia):



(i) the income tax;



(ii) the payroll tax;



(iii) the income tax on the literary and artistic activities;



(iv) agricultural tax;



(v) income tax the population; and



(vi) the tax House; (hereinafter referred to as the "Czechoslovak tax");



(b)) in the case of Korea:



(i) the income tax;



(ii) the tax companies; and



(iii) the tax population; (hereinafter referred to as "Korean tax").



3. this Agreement shall also apply to any tax of the same

or a similar type, that will be stored after the signature of this contract

In addition to or in place of current taxes. The competent authorities of the Contracting States

notify each other of significant changes that will be made in their

the relevant tax laws.



Article 3



General definition



1. for the purposes of this agreement, if the link does not require a different interpretation:



and the term "Czechoslovakia") indicates the Czech and Slovak Federal

Republic;



(b)), the term "Korea" means the territory of the Republic of Korea, including any

the area adjacent to the waters of the sovereignty of the Republic of Korea, which in accordance

with international law has been or will be in the future in accordance with the laws of Korea

Republic marked the territory on which it may be exercised sovereign

the law of the Republic of Korea relating to the seabed and subsoil and their

natural resources;



(c)) the expressions "one Contracting State" and "the other Contracting State" referred to in

the case of Czechoslovakia or Korea;



(d)), the term "person" refers to a natural person, the company and any other

an Association of persons;



(e)), the expression "company" refers to any legal entity or bearer

rights, considered for the purposes of taxation for legal persons;



(f) the terms "enterprise of one) of a Contracting State" and "enterprise of the other Contracting

State "under the circumstances, the undertaking operated by a resident of one

Contracting State or the undertaking run by resident of the other Contracting

State;



(g)), the term "national" means:



(i) any natural person who is a citizen of a Contracting

State;



(ii) any legal person, personal, company and Association, set up by the

According to the law in force in a Contracting State;



(h)), the term "international traffic" means any transport

undertaken by ship, boat or plane, which is operated by

the enterprise of a Contracting State, if the ship, boat or aircraft are not

operated solely between places in the other Contracting State necessitated;



I) the term "competent authority" means:



(i) in the case of Czechoslovakia, Minister of Finance of the Czech and Slovak

The Federal Republic or his authorized representative;



(ii) in the case of Korea, the Minister of finance or his authorised representative.



2. Each expression, which is not otherwise defined will have for the application of this

the Treaty, a Contracting State importance, he enjoys under the law of that State,

which modifies the taxes covered by this agreement, if the link

does not require a different interpretation.



Article 4



Tax purposes



1. The term "resident of a Contracting State" means within the meaning of this

of the Treaty, any person who, under the law of that State, subject to the

This state taxation by reason of their residence, the permanent residence place

the main office, place of management or any other similar criteria.

However, this term does not include a person who is subjected to taxation in this

a Contracting State only on grounds of income from sources in that State

located.



2. If the individual is in accordance with the provisions of paragraph 1 of the resident in

both of the Contracting States, the position of the specified as follows:



and) that this person is resident in that Contracting State, in the

which has a permanent apartment. If he has a permanent apartment in both Contracting States, the

It is assumed, that is resident in a Contracting State to which the

enhanced personal and economic relations (Centre of vital interests);



(b)) if it cannot be determined, the Contracting State in which the person

the Centre of their vital interests, or if it does not have a permanent apartment in any

Contracting State, it is assumed, that is resident in a Contracting State,

in which usually resides;



(c)) If this person usually resides in both Contracting States or

in any of them, it is assumed, that is resident in a Contracting State,

which he is a citizen;



(d)) If this person is a citizen both of the Contracting States or

any of them, the competent authorities of the Contracting States shall adapt this question

by mutual agreement.



3. If a person other than a natural person is, under the provisions of paragraph 1,

a resident of both Contracting States, it is assumed, that is resident in

This State in which is situated the place of leadership. In the case of

of doubt, the competent authorities of the Contracting States will solve the question of the mutual

the agreement.



Article 5



Permanent establishment



1. The term "permanent establishment" within the meaning of this Treaty indicates the Permanent

equipment for the business, in which the undertaking in whole or part

their activity.



2. The term "permanent establishment" includes especially:



and instead of keeping);



(b)) race;



(c));



(d) a factory;)



e) a workshop; and



(f)) mine, the site of diesel or gas, Quarry or any other place where the benefits

natural resources.



3. A building site or construction or Assembly shall be considered a permanent establishment,

only if the last longer than nine months.



4. Notwithstanding the preceding provisions of this article the expression "permanent

establishment "does not include:



and) device, which is used only for storage, display or delivery of

goods belonging to the enterprise;



(b) the supply of goods belonging to the enterprise), which is kept only for the purpose of

storage, display or delivery;



(c) the supply of goods belonging to the enterprise), which is kept only for the purpose of

the processing of another undertaking;



d) durable equipment for the business, which is used only for the purpose of

purchase of goods, or collecting information for the enterprise;



e) durable equipment for the business, which is kept only for the purpose of

advertising, information, scientific research or similar

activities which have a preparatory or auxiliary to the company the character;



(f)) for business, durable equipment that is maintained only for the performance of

any concentration of activities referred to in points (a) to (e)))

paragraph, if the total activity of the permanent establishment, resulting from this

the connection has a preparatory or auxiliary character.



5. If, notwithstanding the provisions of paragraphs 1 and 2, a person-other than

independent representative, to whom paragraph 6 applies--acting in

a Contracting State on behalf of the company and has available and usually uses the full

the power that allows her to enter into contracts on behalf of the company, it is considered that the

This enterprise has a permanent establishment in that State in relation to all

the activities that the person performs for the enterprise if the activities of the

the person is not limited to the activities listed in paragraph 4 which, if

have been carried out through the permanent establishment, should neither constitute

the existence of a permanent establishment under the provisions of this paragraph.



6. He considered that the enterprise has a permanent establishment in a Contracting State
just because it carries on its activities through a broker,

the Chief agent or another independent representative, if these

persons acting within their proper operation.



7. the fact that a company which is a resident of one Contracting

the State controls the company, or is controlled by a company which is a

a resident in the other Contracting State, or which carries out his

activity (whether through a permanent establishment or otherwise), not alone

themselves from any of this company a permanent establishment of the other company.



Article 6



Income from immovable property



1. the income accruing to the resident of one Contracting State of the immovable

property (including income from agriculture or forestry) situated in the second

a Contracting State may be taxed in that other State.



2. The term "immovable property" has such a meaning is according to the laws of the

the Contracting State in which the assets are located. The expression "immovable

the property "includes in any case the accessories of immovable property,

alive and dead inventory used in agriculture and forestry, rights to

which applies the provisions of civil law relating to property, the right to

the enjoyment of immovable property and rights to variable or fixed salaries for

grit or přivolení to the unfair advantage of mineral deposits, sources and other

natural resources; ships, boats and aircraft shall not be regarded as immovable

assets.



3. The provisions of paragraph 1 apply to the income from the direct use, letting, or

any other use of immovable property.



4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable

the assets of the undertaking and to income from immovable property used for the performance of

profession.



Article 7



The profits of enterprises



1. The profits of the enterprise of one Contracting State will be taxed only in that

State if the undertaking does not operate in the other Contracting State

through the permanent establishment, which is located there. If

the enterprise carries out its activities in this way, they can be business profits

taxed in that other State, but only to the extent that it is

can be attributed to that permanent establishment.



2. If an enterprise of one Contracting State carries on its activities in

the other Contracting State through a permanent establishment that is there

positioned, attach, subject to the provisions of paragraph 3, each

a Contracting State a permanent establishment, the profits of which would be able to

so if it were a separate enterprise carries out the same or

similar activities under the same or similar conditions and was completely

independent contact with the enterprise of which it is a permanent establishment.



3. when calculating the profits of the permanent establishment shall be allowed to deduct the costs of

undertaking, incurred to the objectives pursued by the permanent establishment, including

expenses management and general administrative expenses so incurred, whether

incurred in the State in which the permanent establishment is situated or elsewhere.



4. If in a Contracting State to provide for the normal profits, which

to be added to a permanent establishment on the basis of allocation of the total

the profits of the enterprise to its various parts, the provisions of paragraph 2 shall not preclude the

This article, so that Contracting State the profits to be

taxed, this normal distribution. The method of distribution of profits must

However, be such that the result was in accordance with the principles laid down in the

This article.



5. A permanent establishment is nepřičtou no gains on the basis of the fact that

only buy goods for the company.



6. The profits to be attributed to a permanent establishment, for the purpose of

the preceding paragraphs shall each year, in the same way, if the

There are sufficient grounds for a different procedure.



7. where profits include revenue, dealt with separately in the

the other articles of this agreement, the provisions of those articles shall not affect the

the provisions of this article.



Article 8



Shipping and air transport



1. Profits of an undertaking of one Contracting State from the operation of ships, boats or

aircraft in international transport will be taxed only in that Contracting State.



2. The provisions of paragraph 1 shall also apply to profits from the participation in the pool,

the joint operation or an international operating organisation.



Article 9



Associated enterprises



If



and the firm one) of a Contracting State participates directly or indirectly in the

the management, control or capital of an undertaking, the other Contracting State, or



(b)) the same persons directly or indirectly involved in the management, control or

the assets of the undertaking and the undertaking of one Contracting State in the other Contracting State

and if in these cases are both enterprises in their commercial or

financial relations are bound by terms that agree or they were

stored and which differ from those which would have been agreed between the

companies independent, can any profits which would, but for those

the conditions were docíleny one of the businesses, but due to these

the conditions of the docíleny not, be included in the profits of that enterprise and

subsequently taxed.



Article 10



Dividends



1. Dividends paid by a company which is resident in the same

Contracting State, to a person who is resident in the other Contracting State,

may be taxed in that other Contracting State.



2. However, such dividends may also be taxed in the Contracting State, in the

which is a company that is paid, a resident, and according to the laws

legislation of that State, but if the recipient is the beneficial owner

dividends, the tax thus determined shall not exceed:



and 5% of the gross amount) of the dividends if the beneficial owner is

the company (but not personal company that does not have the legal

personality), which holds directly at least 25% of the capital of the company

paying dividends;



b) 10% of the gross amount of dividends in all other cases.

This paragraph shall not affect the taxation of the profits of the company, from which they are

dividends are paid.



3. The term "dividends" as used in this article, refers to income from shares

or other rights-with the exception of the claims--with a share of the profits, as well as

(I) income from other rights to companies that are subject to the same

taxation as income from shares by the tax legislation of the State where it is

the company, which rozdílí the profit, a resident.



4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of

the dividend, which is resident in a Contracting State, carries on in the

the second Contracting State, in which the resident company paying

dividends, industrial or commercial activity through a fixed

the establishment, which is located there, or independent profession

through a permanent base located there, and if the participation, for the

the dividend paid is actually binds to this permanent establishment

or this permanent base. In such a case, the provisions of

Article 7 or article 14, depending on what matters.



5. Where a company which is resident in one Contracting State,

achieves profits or income from the other Contracting State,

the second State to tax dividends paid by the company, unless such

dividends are paid to a resident of the other Contracting State, or

that participation, for which the dividends paid, actually belongs to the Permanent

the establishment or permanent base, which is located in the latter State,

nor be subjected to the retained profits of the company profits tax

the company, even if the dividends paid or the undistributed profits

pozůstávají wholly or partly of profits or income realised in this

the second State.



Article 11



Interest



1. the interest having a source in one Contracting State, which receives a resident

the other Contracting State, may be taxed in that other State.



2. However, such interest may also be taxed in the Contracting State, in the

which are the source, under the legislation of that State, but if the

the recipient is the beneficial owner of the interest, the tax so imposed shall not exceed 10

% of the gross amount of the interest.



3. Notwithstanding the provisions of paragraph 2:



and whose source) interest is in one Contracting State and who is receiving the Government

the other Contracting State, including its lower administrative bodies or

the local authorities, the Central Bank of that other State or any other

the Government financial institution, or any resident of this second

a Contracting State with regard to claims guaranteed by or indirectly

financed by the Government of the other Contracting State, including its lower

administrative departments or local offices, the Central Bank of the second

Contracting State or other government financial institutions will be exempt

from tax in that Contracting State;



(b) interest paid) in connection with the sale on credit of industrial,

commercial or scientific equipment or paid in connection with the

the sale on credit of any merchandise by one enterprise to another enterprise

will be subject to tax only in the Contracting State in which the real

the owner of the residence.



4. For the purposes of paragraph 3, the terms "the Central Bank" and "Government Finance

the institution "means:



and in the case of Korea):



(i) the Bank of Korea;



(ii) the export and Import Bank of Korea;



(iii) the Korean Development Bank;



(iv) any other financial institution, whose capital the Government of the Korean

Republic, which occasionally agree to the Governments of both Contracting

States;



(b)) in the case of Czechoslovakia:



(i) the Czechoslovak State Bank;
(ii) by another financial institution, whose capital the Government of the Czech and

Slovak Federal Republic, of which occasionally agree

the Governments of both Contracting States.



5. The term "interest" as used in this article, refers to income from debt claims

any kind, secured and unsecured lien on the

the property or having or not a clause about participation in the debtor's profits, and

in particular, income from government securities and income from bonds or

debentures, including premiums and fees associated with those securities,

bonds and bonds.



6. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of

interest, which is resident in one Contracting State, carries on in the other

the Contracting State in which they have interest, the source of industrial or commercial

activity through a fixed establishment which is located there, or

independent of the profession through a permanent base there and

If the claim from which the interest is paid, is actually binds to the

This permanent establishment or that fixed base. In this case,

the provisions of article 7 or article 14, depending on what kind of case

It is.



7. It is anticipated that interest to the source in one Contracting State,

If the payer is that State itself, its lower administrative department, local

authority or a resident of that State. If, however, the person paying the interest, whether he is

a resident of a Contracting State or not, has in a Contracting State a permanent

place of business or permanent basis, in the context of the debt occurred,

from which the interest is paid, and such interest shall be charged to such permanent

the establishment or permanent base, then a source of such interest will be

considered to be the State in which the permanent establishment or fixed base

located.



8. If the amount of interest that are relevant to the claim, which are

paid exceeds the due to the special relationship between the

the payer and the beneficial owner of the interest, or that one or the other keeps the

with a third party, for any reason, the amount which would have been a scheme

the payer is the beneficial owner, if there was no such relationship, the provisions of

the provisions of this article just on this latter amount.

The amount of the salaries that it exceeds, in this case will be taxed according to the

the legislation of each Contracting State, taking into account the other

the provisions of this Treaty.



Article 12



License fees



1. the royalties and licence fees, with the source in one Contracting State, which

he receives a resident of the other Contracting State may be taxed in this

the second State.



2. However, royalties referred to in paragraph 3 (b). and) can be

taxed in the Contracting State in which it is their source, and in accordance with the

the law of that State, but if the recipient is the beneficial

the owner of the royalties, the tax amount so established shall not exceed the

10% of the gross amount of the royalties. Royalties and licence fees referred to in

paragraph 3 (b). (b)), will be exempt from tax in a Contracting State, in the

where is their source.



3. The term "royalties" as used in this article refers to the payments

of any kind received as a compensation for the use of, or the right to use:



and) patent, trade mark, design or model, plan, secret formula

or manufacturing process or industrial, commercial or scientific

equipment, or for information relating to experience gained in the

the field of industrial, commercial or scientific;



(b)), the copyright in the literary, artistic or scientific,

including cinematograph films and films or recordings for radio

or television.



4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of

royalties, who is resident in one Contracting State,

exercised in the other Contracting State in which the royalties

source, industrial or commercial activity through a fixed

the establishment, which is located there, or independent profession

through a permanent base located there, and if a right or

the assets that give rise to the license fees actually bind to the

This permanent establishment or a permanent base. In this case,

the provisions of article 7 or article 14, depending on what matters.



5. It is assumed that the licence fees have a source in a Contracting State,

If the payer is that Contracting State itself, its administrative department, local

authority or a resident of that State. However, if the payer of royalty

the charges, whether or not resident in a Contracting State, has in the

a Contracting State a permanent establishment or a permanent base in connection with which

established the obligation to pay the license fees, which shall be charged to the Permanent

the establishment, it is assumed that these license fees are in the source

the Contracting State in which the permanent establishment or fixed base

located.



6. If the amount of license fees that apply to the use,

the law or information for which they are paid, exceeds the due

the special relationship between the payer and the beneficial owner or

that one and the other with a third party for any reason, the amount

that would be the scheme of the Bill is the beneficial owner, if not

such relations, the provisions of this article shall apply only to that

latter amount. The amount of the salaries that it exceeds, in

this case taxed in accordance with the legislation of each Contracting State to the

reference to the other provisions of this Treaty.



Article 13



Profits from the disposal of assets



1. The profits of a resident of a Contracting State from the alienation of one immovable

assets referred to in article 6 and situated in the other Contracting State,

may be taxed in that other Contracting State.



2. Gains from the alienation of movable property forming part of the assets of the Permanent

the establishment, that the undertaking has a Contracting State in the other Contracting

State, or movable property, which belongs to the permanent base

a resident of a Contracting State has in the other Contracting State for the performance of

the independent professions, including such gains from the alienation of realised

such a permanent establishment (alone or together with the whole enterprise) or

such a permanent base, may be taxed in that other State.



3. Gains from the alienation of ships and aircraft operated in international traffic

and movable property, that serves the operation of such ships and aircraft, shall be

taxed in the Contracting State of which the enterprise is a resident.



4. Gains from the alienation of property, other than that referred to in paragraphs 1,

2 and 3, shall be subject to taxation in the Contracting State in which the alienator

resident.



Article 14



Independent of the profession



1. the income, which a resident of one Contracting State receives from the free

the profession or other activities of an independent character, shall be taxed only in the

This State, if the recipient does not usually available in the other Contracting

the State of a permanent base for the performance of its activities. If the available

such a permanent base, the income may be taxed in the other Contracting

State, but only to the extent to which it can be attributed to that permanent

the base.



2. The expression "liberal profession" includes especially independent activity

scientific, literary, artistic, educational or teaching, as well as

separate the activities of physicians, lawyers, engineers, architects, dentists and

accounting experts.



Article 15



Employment



1. a salaries, wages and other similar remuneration, which a resident of one of the Contracting

the State is receiving due to paid employment, shall, subject to

the provisions of articles 16, 18, 19, 20 and 21 of the taxation only in this State, if the

employment is exercised in the other Contracting State. If there is

employment exercised, can be taxed for them received rewards in this

the second State.



2. Remuneration which a resident of a Contracting State shall receive due

employment exercised in the other Contracting State, irrespective of the

the provisions of paragraph 1, be taxed only in the first mentioned State if

all the following conditions are met:



and the recipient is resident in) the second State for one or more periods, which

shall not exceed in the aggregate 183 days in any 12-month period, and



(b)) the rewards are paid by the employer or employers, who

is not resident in the other State, and



(c)) do not go to the debit rewards, a permanent establishment or a permanent base, which has

employer in the second State.



3. Notwithstanding the preceding provisions of this article, remuneration received from

reason of employment exercised aboard a ship or aircraft

operated in international traffic by the enterprise of a Contracting State shall be subject to

taxation in that State.



Article 16



Royalties



Royalties and other similar rewards, which a resident of a Contracting State

he receives as a member of the Management Board of the company or another similar body

the company, which is resident in the other Contracting State, may be

taxed in that other State.



Article 17



Artists and athletes



1. the revenue, which is receiving a resident of one Contracting State as to the

the public acting artist, such as a theatre, film, radio or

television artist, or a musician, or as an athlete of such personally

the activities performed in the other Contracting State, may be, regardless of the

the provisions of articles 14 and 15, be taxed in that other Contracting State.
2. If the income from artistic or sporting activities, that person

performs an artist or an athlete, does not generate this artists or athletes

itself, but to another person, may be those revenues regardless of the

the provisions of articles 7, 14 and 15, be taxed in the Contracting State in which the

an artist or an athlete performs its activities.



3. The revenue of the receiving artists or sportsmen who are residents

one Contracting State from activities carried on in the other Contracting

the State on the basis of a special programme of cultural exchange agreed between

the Governments of both Contracting States, notwithstanding the provisions of paragraphs 1

and 2 excluded from taxation in that other Contracting State.



Article 18



Pension



Pensions and other similar salaries paid by reason of a previous employment

resident of a Contracting State shall be subject to the provisions of paragraph 1 of article

19 this contract taxed only in that State.



Article 19



Public function



1.



and, other than Remuneration) pension, paid by a Contracting State or a lower one

the Administrative Department or local authority of that State, of a natural person for

Service prokazované that State or an administrative department or the local

the authority shall be subject to tax only in that State.



(b) However, Such remuneration) will be taxed only in the other Contracting State,

If the services are demonstrated in this State and any natural person who

It is a resident of this State:



(i) is a national of that State; or



(ii) did not become a resident of this State only because of the provision of

These services.



2.



and Pension paid by one) Contracting State, lower administrative department

or local authority of that Member State, either directly or from the funds, which

set up the physical person for services of proven that State, the administrative

the Department or a local authority, are subject to tax only in that State.



(b) However, Such pension) will be taxed only in the other Contracting State,

If the individual is a resident of, and a national of that

State.



3. The provisions of articles 15, 16 and 18 shall apply to remuneration and pensions in respect of services

proven in the context of the industrial or commercial activities carried out by the

any Contracting State, less an administrative department or local authority

of this State.



4. The provisions of paragraphs 1 and 2 of this article shall also apply to remuneration

or pensions paid, in the case of Korea, the Bank of Korea and the Korean

the society for the promotion of trade and, in the case of Czechoslovakia,

The Czechoslovak State Bank and the Czechoslovak commercial centre.



Article 20



Students



1. The salaries, that a student or an apprentice who is or was immediately before the

his arrival to one resident of a Contracting State in the other Contracting

State and resides in the first mentioned State solely for the purpose of study

or training, receives for the payment of the cost of food, study or training,

will not be taxed in that State, provided that such salaries are

paid from sources outside that State.



2. Studying at a university or other higher education institution in the

one Contracting State or the apprentice, who is staying in the other Contracting

State for one or more periods not exceeding 183 days in any

the 12-month period and who is or was immediately before his

arrival of the first resident of that State, will not be in this latter State

taxed from the remuneration for services rendered in that other State for the

provided that these services are associated with his studies or training and

This creates the necessary earnings to reward his nutrition.



Article 21



Professors and researchers



A natural person who is or has been a resident of a Contracting State

immediately before arriving in the other Contracting State and who

visit the second Contracting State at the invitation of University, high school,

the Research Institute or other similar institution, recognized by the Government in this

the second Contracting State for a period not exceeding two years solely for the

the purpose of teaching or research, or both in such an institution will be

shall be exempt from tax in that other Contracting State from the remuneration for such

teaching or research.



Article 22



Other revenue



1. the income of a person who is resident in one Contracting State, whether they are

source anywhere that is not addressed in the preceding articles of this

the contract will be taxed only in that State.



2. The provisions of paragraph 1 shall not apply to income, other than income from

immovable property as defined in paragraph 2 of article 6, if the

the recipient of such income, which is a resident of a Contracting State,

industrial or commercial activity exercised in the other Contracting State

through a permanent establishment located there or exercises in this

the second State independent of the profession through a permanent base there

placed, and if the right or property giving rise to this

income, are actually connected with such permanent establishment or a permanent

the base. In such a case, the provisions of article 7 or article

14, depending on what matters.



Article 23



Avoidance of double taxation



1. In the case of a resident of Korea, double taxation shall be avoided as follows:



In accordance with the provisions of the Korean tax rules governing

credit tax paid in a country other than Korea in Korea (tax which

shall not affect the principles listed below), the Czechoslovak tax (with the exception of

in the case of dividends paid from profits tax, which is paid

dividends) paid on the basis of Ms. legislation and in accordance with this

the Treaty, whether directly or by deduction from income from sources in Czechoslovakia

offset on tax, Korea, to be paid from the revenue.

Credit, however, shall not exceed the proportion of the Korean tax are

income from sources in Czechoslovakia charged relative to the total income

under the Korean tax.



2. In the case of a resident of Czechoslovakia, double taxation will be avoided

as follows:



Czechoslovakia may, when depositing the taxes residents included in the base,

from which such taxes are imposed, the revenue that can be

the provisions of the articles of this Treaty also taxed in Korea, but enables

reduce the amount of tax calculated from such a base an amount equal to

tax paid in Korea. The amount of tax to be reduced, however, shall not exceed

a part of the Czechoslovak tax calculated prior to its reduction, which

fairly falls on revenue that may be according to the provisions of this

the contract taxed in Korea.



3. For the purposes of paragraphs 1 and 2 will be considered, that the tax paid from the

dividends, interest and royalties in one Contracting State, includes

the tax, which would otherwise have been paid in this State in accordance with

the provisions of this Treaty, however, was reduced, and income was liberated

in this State, according to its tax program to promote economic

the development of.



Article 24



The principle of equal treatment



1. nationals of one Contracting State shall not be subjected in the

the second Contracting State to any taxation or duties associated with him,

that are different or more troubling than the taxation and connected with it obligations,

which are or may be subjected to the nationals of the other

State, who are in the same situation. Notwithstanding the provisions of article 1,

This provision also applies to persons who are not residents of one

or both of the Contracting States.



2. the taxation on a permanent establishment which an enterprise of one, a Contracting State has in the

the second Contracting State, it will not be more detrimental in this second State than

This second state taxation of enterprises, which carry out the same activity.

This provision shall be construed as a commitment to a single State,

to residents of the other Contracting State admitted personal credits, deductions and

tax reduction for reasons of status or family obligations, which

He admits to its residents.



3. If you do not apply the provisions of article 9, article 11 (2). 8 and

Article 12, paragraph 2(a). 6, interest, royalties and other expenses paid

undertaking a single State to a person who is resident in the second

Contracting State, for the purposes of determining the deductible taxable profits

This undertaking under the same conditions as if they had been paid by the person,

which is resident in that State for the first time.



4. Enterprises of a Contracting State, the capital of which is wholly or partly,

directly or indirectly owned or controlled by a person or persons,

that are resident in the other Contracting State, shall not be subjected in the first

that State to any taxation or duties associated with him, that

others are more troubling than taxation and or related duties, which

are or may be subjected to other similar businesses for the first time

of the said State.



5. The provisions of this article shall, notwithstanding the provisions of article 2,

apply to taxes of every kind and name.



Article 25



Resolving cases by way of the agreement



1. where a person considers that the actions of one or both of the Contracting

States lead or lead it to taxation, which is not in accordance with the

the provisions of this Treaty, may, notwithstanding the remedies that

provides the national law of those States, present his case to the

the competent authority of the Contracting State of which he is a resident or, if his

the case comes under paragraph 1 of article 24, to that of the Contracting State of which he is
a national. The case must be presented within three years from the notification of

measure the head of taxation which is not in accordance with the provisions of this

of the Treaty.



2. If the competent authority is to consider the objection as justified and

If it is not itself able to find a satisfactory solution, it will try to

the case decided by agreement with the competent authority of the other Contracting State,

in order to avoid taxation which is not in conformity with this agreement.



3. the competent authorities of the Contracting States shall endeavour to resolve by agreement

problems or concerns that may arise in the interpretation or

the application of this Treaty. They can also spolukonzultovat avoidance of double

taxation in cases, which is not addressed in this agreement.



4. the competent authorities of the Contracting States may come in direct contact with the purpose of

reaching an agreement in the sense of the preceding paragraphs. If oral

Exchange of views appears useful for the achievement of the agreement, the Exchange

views held in the Commission, composed of representatives of the competent authorities of the Contracting

States.



Article 26



The exchange of information



1. the competent authorities of the Contracting States shall exchange the information necessary

for the application of the provisions of this Treaty or national legislation

the laws of the Contracting States shall apply to the taxes which are the subject

This Treaty, if the taxation of that edit, it is not in conflict with this

the Treaty. Exchange of information is not restricted by article 1. The information received

a Contracting State will be kept secret, as well as information

adopted in accordance with the national law of that State and may be

disclosed only to persons or authorities (including courts and administrative authorities), which

dealing with the vyměřováním or the collecting of taxes covered by this

the Treaty, enforcement or prosecution in respect of those taxes or

decisions on appeals. Such persons or authorities shall use the

such information only for the following purposes. They can apply this information

in public court proceedings or in legal decisions.



2. The provisions of paragraph 1 shall not in any way be interpreted so that the

saved to the competent authorities of a Contracting State the obligation:



and perform administrative measures) that would violate the law or

administrative practice of a Contracting State;



(b)) to divulge information which could not be obtained on the basis of the legal

regulations or in a normal administrative procedure of this or of the other State;



(c)) to communicate the information that would have revealed the commercial, industrial,

economic or professional secret or of a commercial process, or whose

the communication would be contrary to public policy.



Article 27



Diplomatic and consular officials



No provision of this Agreement shall not affect the tax privileges, which

It is for the diplomatic and consular officials under the General rules of

international law or on the basis of specific agreements.



Article 28



Entry into force of the



1. this Treaty is subject to ratification and the instruments of ratification shall be exchanged

in Prague as soon as possible. The contract takes effect the exchange of instruments of ratification

of the instruments.



2. the agreement shall be applied:



and) with regard to taxes withheld at the source on amounts paid or

remitted to persons who are not resident on the date when the Agreement becomes

of validity;



(b)) in respect of other taxes, for taxation years beginning with 1. January or

later in the calendar year in which the Agreement enters into force.



Article 29



Notice of termination



This agreement is concluded for an indefinite period, but each of the Contracting

States may terminate the Contract in writing through diplomatic channels in a day or

before the 30 June 2005. June of each calendar year from the fifth year

following the year in which the instruments of ratification have been exchanged, and in the

this case, the Contract will cease to apply:



and) with regard to taxes withheld at source, on amounts paid or

remitted to persons who are not residents, day 1. January or later in

the calendar year following the year in which the notice of termination has been given;



(b)) in respect of other taxes, for taxation years beginning with 1. January or

later in the calendar year following the year in which it was given

notice of termination.



On the evidence of subscribers, duly authorised thereto, have signed this Treaty.



Done in duplicate at Seoul, June 27. April of the year one thousand

devítistého 90th second in Czech, Korean and English

languages, all texts being equally authentic. In the case of

any differences of interpretation, the English text will be decisive.



For the Czech and Slovak Federal Republic:



Vladimir Dlouhy in r.



the Minister of economy



For the Republic of Korea:



Lee Sang Ock in r.



Minister of Foreign Affairs