section 1 of the agreement for the avoidance of double taxation and

Prevention of tax evasion with respect to taxes on income and

on the capital gain by the Kingdom of Sweden and the Federal

Republic of Nigeria signed on 18 november 2004,

apply that law in this country. The agreement is drawn up in English

the language. The English text and an English translation of the

the agreement set out in annex to this law.



section 2 of the tax rules of the agreement shall apply only to the

some of these causes restriction of the tax liability in Sweden

that would otherwise exist.



paragraph 3 Has been deleted by law (2011:1416).



Notwithstanding the provisions of paragraph 4 of article 8 of the agreement shall

income that is acquired by a person resident in Nigeria through

the use of ships or aircraft in international traffic

are not taxed in Sweden.



Transitional provisions



2005:456



1. this law shall enter into force on the day the Government determines.



2. This Act shall apply



(a)) in respect of withholding taxes, on income paid or

tillgodoförs on 1 January of the year following the year in which the law comes into

force or later, and



(b)) in respect of other taxes, for taxation years beginning on

1 January of the year following the year in which the law comes into force or

later.



Annex



(Translation)



Agreement between the Kingdom of Sweden and the Federal

Republic of Nigeria for the avoidance of double taxation and

the prevention of fiscal evasion with respect to taxes on

income and on capital gains



The Government of the Kingdom of Sweden and the Government of

the Federal Republic of Nigeria, desiring to conclude an

Agreement for the avoidance of double taxation and the

Prevention of fiscal evasion with respect to taxes on income

and on capital gains,



have agreed as follows:



Article 1



Persons covered



This Agreement shall apply to persons who are residents of one

or both of the Contracting States.



Article 2



Taxes covered



1. This Agreement shall apply to taxes on income and on capital

gains imposed on behalf of a Contracting State or of its

political subdivisions or local authorities, irrespective of

the manner in which they are levied.



2. There shall be regarded as taxes on income and on capital

gains all taxes imposed on total income, or on elements of

income, including taxes on gains from the alienation of movable

or immovable property, as well as taxes on capital

appreciation.



3. The existing taxes to which this Agreement shall apply are:



(a) in Nigeria:



(i) the Personal Income Tax;



(ii) the Companies Income Tax;



(iii) the Petroleum Profits Tax;



(iv) the Capital Gains Tax; and



(v) the Education Tax;



(hereinafter referred to as "Nigerian tax");



(b) in Sweden:



(i) the national income tax (State income tax);



(ii) the withholding tax on dividends (withholding tax);



(iii) the income tax on non-residents (the Special

income tax for non-residents);



(iv) the income tax on non-resident artistes and athletes (the

Special income tax for non-resident artists, etc.);

and



(v) the municipal income tax (municipal income tax);



(hereinafter referred to as "Swedish tax").



4. The Agreement shall apply also to any identical or

substantially similar taxes which are imposed after the date of

signature of the Agreement in addition to, or in place of, the

taxes referred to in paragraph 3 of this Article. The competent

authorities of the Contracting States shall notify each other

of any significant changes which have been made in their

respective taxation laws.



Article 3



General definition



1. For the purposes of this Agreement, unless the context

otherwise requires:



(a) the term "Nigeria" means the Federal Republic of Nigeria

including any area outside the territorial waters of the

The Federal Republic of Nigeria which in accordance with

international law has been or may hereafter be designated,

under the laws of the Federal Republic of Nigeria concerning

the continental shelf, as an area within which the rights of

the Federal Republic of Nigeria with respect to the sea-bed and

subsoil and their natural resources may be exercised;



(b) the term "Sweden" means the Kingdom of Sweden and, when

used in a geographical sense, includes the national territory,

the territorial sea of Canada as well as other maritime areas

over which Sweden in accordance with international law

exercises sovereign rights or jurisdiction;



(c) the terms "a Contracting State" and "the other Contracting

State "mean Nigeria or Sweden, as the context requires;



(d) the term "person" includes an individual, a company and any

other body of persons;



(e) the term "company" means any body corporate or any entity

that is treated as a body corporate for tax purposes;



(f) the term "enterprise" applies to the carrying on of any

business;



(g) the terms "enterprise of a Contracting State" and

"enterprise of the other Contracting State" mean respectively

an enterprise carried on by a resident of a Contracting State

and an enterprise carried on by a resident of the other

Contracting State;



(h) the term "competent authority" means:



(i) in Nigeria, the Minister of Finance or his authorised

representative;



(ii) in Sweden, the Minister of Finance, his authorised

representative or the authority which is designated as a

competent authority for the purposes of this Agreement;



(i) the term "international traffic" means any transport by a

ship or aircraft operated by an enterprise of a Contracting

State, except when the ship or aircraft is operated solely

between places in the other Contracting State;



(j) the term "national" means:



(i) any individual possessing the citizenship or nationality of

(a) the Contracting State;



(ii) any legal person, partnership, association or other entity

deriving its status as such from the laws in force in: (a)

Contracting State;



(k) the term "business" includes the performance of

professional services and of other activities of an independent

character.



2. As regards the application of this Agreement at any time by

a Contracting State, any term not defined therein shall, unless

the context otherwise requires, have the meaning that it has at

that time under the law of that State for the purposes of the

taxes to which the Agreement applies, any meaning under the

applicable tax laws of that State prevailing over a meaning

given to the term under other laws of that State.



Article 4



Resident



1. For the purposes of this Agreement, the term "resident of a

Contracting State "means any person who, under the laws of that

State, is liable to tax therein by reason of his domicile,

residence, place of management, place of incorporation or any

other criterion of a similar nature, and also includes that

State, any governmental body or agency, political subdivision

or local authority thereof. This term, however, does not

include any person who is liable to tax in that State in

respect only of income from sources in that State or capital

situated therein.



2. Where by reason of the provisions of paragraph 1 of this

Article an individual is a resident of both Contracting States,

then his status shall be determined as follows:



(a) he shall be deemed to be a resident only of the State in

which he has a permanent home available to him; If he has a

a permanent home available to him in both States, he shall be

deemed to be a resident only of the State with which his

personal and economic relations are closer (centre of vital

interests);



(b) if the State in which he has his centre of vital interests

cannot be determined, or if he has not a permanent home

available to him in either State, he shall be deemed to be a

resident only of the State in which he has an habitual abode;



(c) if he has an habitual abode in both States or in neither of

them, he shall be deemed to be a resident only of the State of

which he is a national;



(d) if he is a national of both States or of neither of them,

the competent authorities of the Contracting States shall

endeavour to settle the question by mutual agreement.



3. Where by reason of the provisions of paragraph 1 of this

Article a person other than an individual is a resident of both

Contracting States, the competent authorities of the

Contracting States shall endeavour to settle the question by

mutual agreement.



Article 5



Permanent establishment



1. For the purposes of this Agreement, the term "permanent

establishment "means a fixed place of business through which

the business of an enterprise is wholly or partly carried on.



2. The term "permanent establishment" includes especially:



(a) a place of management;



(b) a branch;



(c) an office;



(d) a factory;



(e) a workshop;



(f) a mine, an oil or gas well, a quarry or any other place of

extraction of natural resources;



(g) a building site, a construction, assembly or installation

project or supervisory activities in connection therewith, but

only if such site, project or activities last more than six

months; and



(h) the furnishing of services, including consultancy services,

by an enterprise through employees or other personnel engaged

by the enterprise for such purpose, but only if activities of

that nature continue (for the same or a connected project)

within a Contracting State for a period or periods aggregating

more than six months within any twelve-month period.



3. Notwithstanding the preceding provisions of this Article,

the term "permanent establishment" shall be deemed not to

include:



(a) the use of facilities solely for the purpose of storage or

display of goods or merchandise belonging to the enterprise;



(b) the maintenance of a stock of goods or merchandise

belonging to the enterprise solely for the purpose of storage

or display;




(c) the maintenance of a stock of goods or merchandise

belonging to the enterprise solely for the purpose of

processing by another enterprise;



(d) the maintenance of a fixed place of business solely for the

purpose of purchasing goods or merchandise or of collecting

information, for the enterprise;



(e) the maintenance of a fixed place of business solely for the

purpose of carrying on, for the enterprise, any other activity

of a preparatory or auxiliary character;



(f) the maintenance of a fixed place of business solely for any

combination of activities mentioned in sub paragraphs (a) to

(e) of this paragraph, provided that the overall activity of

the fixed place of business resulting from this combination is

of a preparatory or auxiliary character.



4. The term "permanent establishment" shall include a fixed

place of business used as a sales outlet notwithstanding the

fact that such fixed place of business is otherwise maintained

for any of the activities mentioned in paragraph 3 of this

Article.



5. An enterprise of a Contracting State shall not be deemed to

have a permanent establishment in the other Contracting State

merely because it carries on business in that other State

through a broker, general commission agent or any other agent

of an independent status, provided that such persons are acting

in the ordinary course of their business.



6. A person, other than an agent of an independent status to

whom paragraph 5 of this Article applies, who acts in a

Contracting State on behalf of an enterprise of the other

Contracting State shall, unless the activities of such person

are limited to those mentioned in paragraph 3 of this Article

which, if exercised through a fixed place of business, would

not make this fixed place of business a permanent establishment

under the provisions of that paragraph, be deemed to be a

permanent establishment of that enterprise in the first-

mentioned State if:



(a) he has, and habitually exercises in that State, an

authority to conclude contracts or carries on any business

activities on behalf of the enterprise, or



(b) he habitually secure orders for the sales of goods or

merchandise in that State exclusively or almost exclusively on

behalf of the enterprise or other enterprises controlled by it

or which have a controlling interest in it.



7. The fact that a company which is a resident of a Contracting

State controls or is controlled by a company which is a

resident of the other Contracting State, or which carries on

business in that other State (whether through a permanent

establishment or otherwise) shall not of itself constitute

either company a permanent establishment of the other.



Article 6



Income from immovable property



1. Income derived by a resident of a Contracting State from

immovable property (including income from agriculture or

forestry) situated in the other Contracting State may be taxed

in that other State.



2. The term "immovable property" shall have the meaning which

It has under the law of the Contracting State in which the

property in question is situated. The term shall in any case

the include property accessory to immovable property, livestock and

equipment used in agriculture and forestry, rights to which the

the provisions of general law respecting landed property apply,

buildings, usufruct of immovable property and rights to

variable or fixed payments as consideration for the working of,

or the right to work, mineral deposits, sources and other

the natural resources; ships, boats and aircraft shall not be

regarded as immovable property.



3. The provisions of paragraph 1 of this Article shall apply to

income derived from the direct use, letting, or use in any

other form of immovable property.



4. The provisions of paragraphs 1 and 3 of this Article shall

also apply to the income from immovable property of an

Enterprise.



Article 7



Business profits



1. The profits of an enterprise of a Contracting State shall be

taxable only in that State unless the enterprise carries on

business in the other Contracting State through a permanent

establishment situated therein. If the enterprise carries on

business as aforesaid, the profits of the enterprise may be

taxed in the other State but only so much of them as is

attributable to:



(a) that permanent establishment;



(b) sales in that other State of goods or merchandise of the

the same or similar kind as those sold through that permanent

Re-establishment; or



(c) other business activities carried on in that other State of

the same or similar kind as those effected through that

permanent establishment.



2. Subject to the provisions of paragraph 3 of this Article,

where an enterprise of a Contracting State carries on business

in the other Contracting State through a permanent

establishment situated therein, there shall in each Contracting

State be attributed to that permanent establishment the profits

which it might be expected to make if it were a distinct and

separate enterprise engaged in the same or similar activities

under the same or similar conditions and dealing wholly

independently with the enterprise of which it is a permanent

Re-establishment.



3. In determining the profits of a permanent establishment,

There shall be allowed as deductions expenses which are shown

to have been incurred for the purposes of the business of the

the permanent establishment, including executive and general

administrative expenses so incurred, whether in the State in

which the permanent establishment is situated or elsewhere.

However, no such deduction shall be allowed in respect of

amounts, if any, paid (otherwise than towards reimbursement of

actual expenses) by the permanent establishment to the head

Office of the enterprise or any of its other offices, by way of

royalties, fees or other similar payments in return for the use

of patents or other rights, or by way of commission, for

specific services performed or for management, or, except in

the case of a banking enterprise, by way of interest on .money's

lent to the permanent establishment. Likewise, no account shall

be taken, in the determination of the profits of a permanent

establishment, for amounts charged (otherwise than towards

reimbursement of actual expenses) by the permanent

establishment to the head office of the enterprise or any of

its other offices, by way of royalties, fees or other similar

payments in return for the use of patents or other rights, or

by way of commission for specific services performed or for

management, or, except in the case of a banking enterprise, by

way of interest on .money's lent to the head office of the

Enterprise or any of its other offices.



4. No profits shall be attributed to a permanent establishment

by reason of the mere purchase by that permanent establishment

of goods or merchandise for the enterprise. Provided that where

that permanent establishment is also used as a sales outlet for

the goods or merchandise so purchased the profits on such sales

may be attributed to that permanent establishment. For the

purpose of this paragraph the sales outlet shall be deemed to have

the same meaning as in paragraph 4 of Article 5.



5. For the purposes of the preceding paragraphs, the profits to

be attributed to the permanent establishment shall be

determined by the same method year by year unless there is good

and sufficient reason to the contrary.



6. Where profits include items of income which are dealt with

separately in other Articles of this Agreement, then the

the provisions of those Articles shall not be affected by the

the provisions of this Article.



Article 8



Shipping and air transport



1. A resident of a Contracting State shall on reciprocal basis

be exempt from tax in the other Contracting State in respect of

profits or gains derived from the operation of ships or

aircraft in international traffic.



2. With respect to profits derived by the air transport

Consortium Scandinavian Airlines System (SAS), the provisions

of paragraph 1 of this Article shall apply only to such part of

the profits as corresponds to the participation held in that

Consortium by SAS Sweden AB, the Swedish partner of SAS.



3. The provisions of paragraph 1 of this Article shall also

apply to profits from the participation in a pool, a joint

business or an international operating agency.



Article 9



Associated enterprises



1. Where:



(a) an enterprise of a Contracting State participates directly

or indirectly in the management, control or capital of an

Enterprise of the other Contracting State, or



(b) the same persons participate directly or indirectly in the

management, control or capital of an enterprise of a

Contracting State and an enterprise of the other Contracting

State,



and in either case conditions are made or imposed between the

the two enterprises in their commercial or financial relations

which differ from those which would be made between independent

enterprises, then any profits which would, but for those

conditions, have accrued to one of the enterprises, but, by

reason of those conditions, have not so accrued, may be

included in the profits of that enterprise and taxed

accordingly.



2. Where a Contracting State includes in the profits of an

Enterprise of that State-and taxes accordingly-profits on

which an enterprise of the other Contracting State has been

charged to tax in that other State and the profits so included

are profits which would have accrued to the enterprise of the

the first-mentioned State if the conditions made between the two

enterprises had been those which would have been made between

independent enterprises, then that other State shall make an

appropriate adjustment to the amount of the tax charged therein

on those profits. In determining such adjustment, due regard

shall be had to the other provisions of this Agreement and the


competent authorities of the Contracting States shall if

necessary consult each other.



Article 10



Dividends



1. Dividends paid by a company which is a resident of a

Contracting State to a resident of the other Contracting State

may be taxed in that other State.



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

State of which the company paying the dividends is a resident

and according to the laws of that State, but if the beneficial

owner of the dividends is a resident of the other Contracting

State, the tax so charged shall not exceed:



(a) 7.5 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 10 per cent of the capital of the

company paying the dividends;



(b) 10 per cent of the gross amount of the dividends in all

other cases.



The competent authorities of the Contracting States may by

mutual agreement settle the mode of application of these

limitations.



This paragraph shall not affect the taxation of the company in

respect of the profits out of which the dividends are paid.



3. The term "dividends" as used in this Article means income

from shares or other rights, not being debt-claims,

participating in profits, as well as income from other

corporate rights which is subjected to the same taxation

treatment as income from shares by the laws of the State of

which the company making the distribution is a resident.



4. The provisions of paragraphs 1 and 2 of this Article shall

not apply if the beneficial owner of the dividends, being a

the resident of a Contracting State, carries on business in the

other Contracting State of which the company paying the

dividends is a resident, through a permanent establishment

situated therein and the holding in respect of which the

dividends are paid is effectively connected with such permanent

Re-establishment. In such case the provisions of Article 7 shall

apply.



5. Where a company which is a resident of a Contracting State

derives profits or income from the other Contracting State,

that other State may not impose any tax on the dividends paid

by the company, except insofar as such dividends are paid to a

the resident of that other State or insofar as the holding in

respect of which the dividends are paid is effectively

connected with a permanent establishment situated in that other

State, nor subject the company's undistributed profits to a tax

on the company's undistributed profits, even if the dividends

paid or the undistributed profits consist wholly or partly of

profits or income arising in such other State.



6. The provisions of this Article shall not apply if the right

giving rise to the dividend was created or assigned mainly for

the purpose of taking advantage of this Article and not for

bona-fide commercial reasons.



Article 11



Interest



1. Interest arising in a Contracting State and paid to a

resident of the other Contracting State may be taxed in that

other State.



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

State in which it arises, and according to the laws of that

State, but if the beneficial owner of the interest is a

resident of the other Contracting State, the tax so charged

shall not exceed 7.5 per cent of the gross amount of the

interest. The competent authorities of the Contracting States

may by mutual agreement settle the mode of application of this

limitation.



3. Notwithstanding the provisions of paragraph 2 of this

Article, paragraph 1 of interest mentioned in this Article

shall be taxable only in the Contracting State where the

beneficial owner of the interest is a resident if one of the

following requirements is ugly file part:



(a) the recipient of the interest is the Contracting State

itself, a statutory body, a political subdivision, a local

authority thereof or any other agency or instrumentality

thereof; or



(b) the interest is paid in respect of a loan which has been

guaranteed by the Government of the Contracting State where the

payer of the interest is a resident; or



(c) in the case of Sweden, the interest is paid in respect of a

loan granted or guaranteed by the Swedish International

Development Cooperation Agency (SIDA), the Swedish Export

Credit Corporation (SEK), Swedfund International AB, the

Swedish Export Credits Guarantee Board (exportkreditnämnden) or

any other institution of a public character with the objective

to promote exports or development.



4. The term "interest" as used in this Article means income

from debt claims of every kind, whether or not secured by

mortgage and whether or not carrying a right to participate in

the debtor's profits, and in particular, income from government

Securities and income from bonds or debentures, including

premiums and prizes attaching to such securities, bonds or

debentures. Penalty charges for late payment shall not be

regarded as interest for the purpose of this Article.



5. The provisions of paragraphs 1, 2 and 3 of this Article

shall not apply if the beneficial owner of the interest, being

a resident of a Contracting State, carries on business in the

other Contracting State in which the interest arises, through a

permanent establishment situated therein and the debt-claim in

respect of which the interest is paid is effectively connected

with such permanent establishment. In such case the provisions

of Article 7 shall apply.



6. Interest shall be deemed to arise in a Contracting State

When the payer is a resident of that State. Where, however, the

the person paying the interest, whether he is a resident of a

Contracting State or not, has in a Contracting State (a)

permanent establishment in connection with which the

indebtedness on which the interest is paid was incurred, and

such interest is borne by such permanent establishment, then

such interest shall be deemed to arise in the State in which

the permanent establishment is situated.



7. Where, by reason of a special relationship between the payer

and the beneficial owner or between both of them and some other

person, the amount of the interest, having regard to the debt-

claim for which it is paid, exceeds the amount which would have

been agreed upon by the payer and the beneficial owner in the

absence of such relationship, the provisions of this Article

shall apply only to the last-mentioned amount. In such case,

the excess part of the payments shall remain taxable according

to the laws of each Contracting State, due regard being had to

the other provisions of this Agreement.



8. The provisions of this Article shall not apply if the right

or property giving rise to the interest was created or assigned

mainly for the purpose of taking advantage of this Article and

not for bona-fide commercial reasons.



Article 12



Royalties



1. Royalties arising in a Contracting State and paid to a

resident of the other Contracting State may be taxed in that

other State.



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

State in which they arise and according to the laws of that

State, but if the beneficial owner of the royalties is a

resident of the other Contracting State, the tax so charged

shall not exceed 7.5 per cent of the gross amount of the

royalties. The competent authorities of the Contracting States

may by mutual agreement settle the mode of application of this

limitation.



3. The term "royalties" as used in this Article means payments

of any kind received as a consideration for the use of, or the

right to use, any copyright of literary, artistic or scientific

work including cinematograph films and films or tapes for radio

or television broadcasting, any patent, trade mark, design or

model, plan, secret formula or process, or for the use of, or

the right to use industrial, commercial or scientific

equipment, or for information concerning industrial, commercial

or scientific experience.



4. The provisions of paragraphs 1 and 2 of this Article shall

not apply if the beneficial owner of the royalties, being a

the resident of a Contracting State, carries on business in the

other Contracting State in which the royalties arise, through a

permanent establishment situated therein, and the right or

property in respect of which the royalties are paid is

effectively connected with such permanent establishment. In

such case the provisions of Article 7 shall apply.



5. Royalties shall be deemed to arise in a Contracting State

When the payer is a resident of that State. Where, however, the

the person paying the royalties, whether he is a resident of a

Contracting State or not, has in a Contracting State (a)

permanent establishment in connection with which the liability

to pay the royalties was incurred, and such royalties are borne

by such permanent establishment, then such royalties shall be

deemed to arise in the State in which the permanent

establishment is situated.



6. Where, by reason of a special relationship between the payer

and the beneficial owner or between both of them and some other

person, the amount of the royalties, having regard to the use,

right or information for which they are paid, exceeds the

the amount which would have been agreed upon by the payer and the

beneficial owner in the absence of such relationship, the

the provisions of this Article shall apply only to the last-

mentioned amount. In such case, the excess part of the payments

shall remain taxable according to the laws of each Contracting

State, due regard being had to the other provisions of this

Agreement.



7. The provisions of this Article shall not apply if the right

or property giving rise to the royalties was created or

assigned mainly for the purpose of taking advantage of this

Article and not for bona-fide commercial reasons.



Article 13



Capital gains



1. Gains derived by a resident of a Contracting State from the


alienation of immovable property referred to in Article 6 and

situated in the other Contracting State, or from the alienation

of shares in a company the assets of which consist principally

of such property, may be taxed in that other State.



2. Gains from the alienation of movable property forming part

of the business property of a permanent establishment which an

Enterprise of a Contracting State has in the other Contracting

State, including such gains from the alienation of such a

permanent establishment (alone or with the whole enterprise),

may be taxed in that other State.



3. Gains derived by a resident of a Contracting State from the

alienation of ships or aircraft operated in international

traffic or movable property pertaining to the operation of such

ships or aircraft, shall be taxable only in that State.



With respect to gains derived by the air transport consortium

Scandinavian Airlines System (SAS), the provisions of this

paragraph shall apply only to such part of the gains as

corresponds to the participation held in that consortium by SAS

Sweden AB, the Swedish partner of SAS.



4. Subject to the provisions of paragraph 1 of this Article,

gains derived by a resident of a Contracting State from the

alienation of shares in a company shall be taxable only in that

State except if the alienator is an individual who has been a

resident of the other Contracting State and who has become a

resident of the first-mentioned Contracting State. In such case

the gains may be taxed in the other Contracting State but only

If the company, which shares are being alienated, is a resident

of that other State and if the alienation of the shares occurs

at any time during the ten years next following the date on

which the individual has ceased to be a resident of that other

State.



Article 14



Income from employment



1. Subject to the provisions of Articles 15, 17 and 18,

salaries, wages and other similar remuneration derived by a

the resident of a Contracting State in respect of an employment

shall be taxable only in that State unless the employment is

exercised in the other Contracting State. If the employment is

so exercised, such remuneration as is derived therefrom may be

taxed in that other State.



2. Notwithstanding the provisions of paragraph 1 of this

Article, remuneration derived by a resident of a Contracting

State in respect of an employment exercised in the other

Contracting State shall be taxable only in the first-mentioned

State if:



(a) the recipient is present in the other State for a period or

period not exceeding in the aggregate 183 days in any twelve-

month period commencing or ending in the fiscal year concerned;

and



(b) the remuneration is paid by, or on behalf of, an employer

the who is not a resident of the other State; and



(c) the remuneration is not borne by a permanent establishment

which the employer has in the other State.



3. Notwithstanding the preceding provisions of this Article,

remuneration derived in respect of an employment exercised

aboard a ship or aircraft operated in international traffic by

an enterprise of a Contracting State may be taxed in that

State. Where a resident of Sweden derives remuneration in

respect of an employment exercised aboard an aircraft operated

in international traffic by the air transport consortium

Scandinavian Airlines System (SAS), such remuneration shall be

taxable only in Sweden.



Article 15



Directors ' fees



Directors ' fees and other similar payments derived by a

the resident of a Contracting State in his capacity as a member of

the board of directors of a company which is a resident of the

other Contracting State may be taxed in that other State.



Article 16



Artistes and sportspersons



1. Notwithstanding the provisions of Article 14, the income derived

by a resident of a Contracting State as an artiste, such as a

Theatre, motion picture, radio or television artiste, or a

musician, or as a sportsperson, from his personal activities as

such exercised in the other Contracting State, may be taxed in

that other State.



2. Where income in respect of personal activities exercised by

an artiste or a sportsperson in his capacity as such accrues

not to the artiste or sportsperson himself but to another

person, that income may, notwithstanding the provisions of

Articles 7 and 14, be taxed in the Contracting State in which

the activities of the artiste or sportsperson are exercised.



Article 17



Pensions, annuities and similar payments



1. Pensions and other similar remuneration, disbursements under the

the Social Security legislation and annuities arising in a

Contracting State and paid to a resident of the other

Contracting State may be taxed in the first-mentioned

Contracting State.



2. The term "annuity" means a stated sum payable periodically

at stated times during life or during a specified or

ascertainable period of time under an obligation to make the

payments in return for adequate and full consideration in money

or money's worth.



Article 18



Government service



1. (a) Salaries, wages and other remuneration, other than a

pension, paid by a Contracting State or a political subdivision

or a local authority thereof to an individual in respect of

services rendered to that State or subdivision or authority

shall be taxable only in that State.



(b) However, such salaries, wages and other remuneration shall

be taxable only in the other Contracting State if the services

are rendered in that other State and the individual is a

the resident of that State who:



(i) is a national of that State; or



(ii) did not become a resident of that State solely for the

purpose of rendering the services.



2. The provisions of Articles 14, 15 and 16 shall apply to

remuneration in respect of services rendered in connection with

a business carried on by a Contracting State or a political

subdivision or a local authority thereof.



Article 19



Students and trainees



Payments which a student or business trainee or apprentice who

is or was immediately before visiting a Contracting State a

resident of the other Contracting State and who is present in

the first-mentioned State solely for the purpose of his

education or training receives for the purpose of his

maintenance, education or training shall not be taxed in that

State, provided that such payments arise from sources outside

that State.



Article 20



Teachers and researchers



1. Notwithstanding the provisions of Article 14, a professor or

teacher who visits a Contracting State for the purpose of

teaching or research at a university or any other similarly

recognized educational institution in that State and who,

immediately before that visit, was a resident of the other

Contracting State shall be exempt from tax in the first-

mentioned State in respect of any remuneration for such

teaching and research for a period not exceeding one year from

the date of his first arrival in the first-mentioned State for

such purposes, provided that such remuneration is derived by

him from sources in the other Contracting State.



2. The provisions of this Article shall not apply to income

from research if such research is under taken note in the public

interest but wholly or mainly for the benefit of a specific

person or persons.



Article 21



Other income



1. Items of income of a resident of a Contracting State,

wherever arising, not dealt with in the foregoing Articles of

This Agreement shall be taxable only in that State.



2. The provisions of paragraph 1 of this Article shall not

apply to income, other than income from immovable property as

defined in paragraph 2 of Article 6, if the recipient of such

income, being a resident of a Contracting State, carries on

business in the other Contracting State through a permanent

establishment situated therein, and the right or property in

respect of which the income is paid is effectively connected

with such permanent establishment. In such case the provisions

of Article 7 shall apply.



3. Notwithstanding the provisions of paragraphs 1 and 2 of this

Article, items of income of a resident of a Contracting State

not dealt with in the foregoing Articles of this Agreement and

arising in the other Contracting State may also be taxed in

that other State.



Article 22



Elimination of double taxation



1. In the case of Nigeria:



Subject to the provisions of the laws of Nigeria regarding the

allowance as a credit against Nigerian tax of tax payable in a

territory outside Nigeria (which shall not affect the general

principle thereof) Swedish tax payable under the laws of Sweden

and in accordance with this Agreement, whether directly or by

deduction, on profits, income or chargeable gains from sources

within Canada (excluding in the case of a dividend, tax payable

in respect of the profits out of which dividend is paid) shall

be allowed as a credit against any Nigerian tax computed by

reference to the same profits, income or chargeable gains by

reference to which Swedish tax is computed.



2. In the case of Sweden:



(a) Where a resident of Sweden derives income which under the

the laws of Nigeria and in accordance with the provisions of this

Agreement may be taxed in Nigeria, Sweden shall allow-subject

to the provisions of the laws of Sweden concerning credit for

foreign tax (as it may be amended from time to time without

changing the general principle hereof)-as a deduction from

the tax on such income, an amount equal to the Nigerian tax

paid in respect of such income.



(b) Where a resident of Sweden derives income which, in

accordance with the provisions of this Agreement, shall be

taxable only in Nigeria, Sweden may, when determining the

graduated rate of Swedish tax, take into account the income

which shall be taxable only in Nigeria.



(c) Notwithstanding the provisions of sub-paragraph (a) of this


paragraph, dividends paid by a company which is a resident of

Nigeria to a company which is a resident of Sweden shall be

exempt from Swedish tax according to the provisions of Swedish

laws governing the exemption of tax on dividends paid to

Swedish companies by companies abroad.



(d) For the purposes of sub-paragraph (a) of this paragraph,

When a Swedish company has a permanent establishment in

Nigeria, the term "Nigerian tax paid" shall be deemed to

include the Nigerian tax which would have been paid but for any

reduction or time-limited exemption of tax granted under

incentive provisions contained in Nigerian laws designed to

promote economic development to the extent that such exemption

or reduction is granted for profits from the export of Nigerian

products, the mining industry, the installation, operation or

maintenance of fixed or mobile telecommunication systems and

related equipment, industrial and manufacturing activities, oil

and gas industry as well as agriculture and tourism (including

restaurants and hotels), provided that the activities have been

carried out in Nigeria. For the purpose of sub-paragraph (c) of

This paragraph, a tax of 15 per cent shall be considered to

have been paid for such activities under those conditions

mentioned in the previous sentence.



(e) For the purposes of sub-paragraph (a) of this paragraph the

Nigerian tax paid in respect of royalties received as a

consideration for the use of any patent, design or model, plan,

secret formula or process, or for information concerning

industrial, commercial or scientific experience, shall, where

It has been used in the export of Nigerian products, the mining

industry, the installation, operation or maintenance of fixed

or mobile telecommunication systems and related equipment,

industrial and manufacturing activities, oil and gas industry

as well as agriculture and tourism (including restaurants and

Hotels), provided that the activities have been carried out in

Nigeria, in addition to the Nigerian tax actually paid to ask

considered to have been paid with an additional amount of 5 per

cents, or if no such tax has been charged be considered to have

been paid with 5 per cent of the gross amount of such

royalties.



(f) The provisions of sub-paragraphs (d) and (e) shall apply

only for the first ten years during which this Agreement is

effective. This period may be extended by a mutual agreement

between the competent authorities.



Article 23



Non-discrimination



1. Nationals of a Contracting State shall not be subjected in

the other Contracting State to any taxation or any requirement

connected therewith, which is other or more burdensome than the

taxation and connected requirements to which nationals of that

other State in the same circumstances are or may be subjected.

This provision shall, notwithstanding the provisions of Article

1, also apply 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 a Contracting State has in the other Contracting

State shall not be less favourably levied in that other State

than the taxation levied on enterprises of that other State

carrying on the same activities. This provision shall not be

construed as obliging a Contracting State to grant to residents

of the other Contracting State any personal allowances, reliefs

or reductions for taxation purposes on account of civil status

or family responsibilities which it grants to its own

residents.



3. Except where the provisions of paragraph 1 of Article 9,

paragraph 7 of Article 11, or paragraph 6 of Article 12, apply,

interest, royalties and other disbursements paid by an

Enterprise of a Contracting State to a resident of the other

Contracting State shall, for the purpose of determining the

the taxable profits of such enterprise, be deductible under the

same conditions as if they had been paid to a resident of the

the first-mentioned State.



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

wholly or partly owned or controlled, directly or indirectly,

by one or more residents of the other Contracting State, shall

not be subject in the first-mentioned State to any taxation or

any requirement connected therewith which is other or more

burdensome than the taxation and connected requirements to

which other similar enterprises of the first-mentioned State

are or may be subjected.



5. The provisions of this Article shall, notwithstanding the

the provisions of Article 2, apply to taxes of every kind and

Description.



Article 24



Mutual agreement procedure



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

the Contracting States result or will result for him in

taxation not in accordance with the provisions of this

The agreement, he may, irrespective of the remedies provided by the

the domestic law of those States, present his case to the competent

authority of the Contracting State of which he is a resident

or, if his case comes under paragraph 1 of Article 23, to that

of the Contracting State of which he is a national. The case

must be presented within six years from the first notification

of the action resulting in taxation not in accordance with the

the provisions of the Agreement.



2. The competent authority shall endeavour, if the objection

appears to it to be justified and if it is not itself able to

arrive at a satisfactory solution, to resolve the case by

mutual agreement with the competent authority of the other

Contracting State, with a view to the avoidance of taxation

which is not in accordance with the Agreement. Any agreement

reached shall be implemented notwithstanding any time limits in

the domestic law of the Contracting States.



3. The competent authorities of the Contracting States shall

endeavour to resolve by mutual agreement any difficulties or

doubts arising as to the interpretation or application of the

Agreement. They may also consult together for the elimination

of double taxation in cases not provided for in the Agreement.



4. The competent authorities of the Contracting States may

communicate with each other directly for the purpose of

reaching an agreement in the sense of the preceding paragraphs.



Article 25



Exchange of information



1. The competent authorities of the Contracting States shall

Exchange such information as is necessary for carrying out the

the provisions of this Agreement or of the domestic laws concerning

taxes of every kind and description imposed on behalf of the

Contracting States, or of their political subdivisions or local

authorities, insofar as the taxation thereunder is not contrary

to the Agreement. The exchange of information is not restricted

by Articles 1 and 2. Any information received by a Contracting

State shall be treated as secret in the same manner as

information obtained under the domestic laws of that State and

shall be disclosed only to persons or authorities (including

courts and administrative bodies) concerned with the assessment

or collection of, the enforcement or prosecution in respect of,

or the determination of appeals in relation to the taxes

referred to in the first sentence. Such persons or authorities

shall use the information only for such purposes. They may

disclose the information in public court proceedings or in

judicial decisions. The competent authorities may through

consultation, develop appropriate conditions, methods and

techniques concerning the matters in respect of which such

exchanges of information shall be made, including, where

appropriate, the exchange of information regarding tax avoidance.



2. In no case shall the provisions of paragraph 1 of this

Article be construed so as to impose on a Contracting State the

bond:



(a) to carry out administrative measures at variance with the

laws and administrative practice of that or of the other

Contracting State;



(b) to supply information which is not obtainable under the

laws or in the normal course of the administration of that or

of the other Contracting State;



(c) to supply information which would disclose any trade,

business, industrial, commercial or professional secret or

trade process, or information, the disclosure of which would be

contrary to public policy (ordre public).



Article 26



Limitations on benefits



Notwithstanding any other provisions of this Agreement, where:



(a) a company that is a resident of a Contracting State derives

its income primarily from other States



(i) from activities such as banking, shipping, financing or

insurance or



(ii) from being the headquarters co-ordination centre or

similar entity providing administrative services or other

support to a group of companies which carry on business

primarily in other States; and



(b) such income would bear a significantly lower tax for the

the laws of that State than income from similar activities carried

out within that State or from being the headquarters, co-

co-ordination centre or similar entity providing administrative

services or other support to a group of companies which carry

on business in that State, as the case may be,



any provisions of this Agreement, conferring an exemption or a

reduction of taxes shall not apply to the income of such company

or to the dividends paid by such company.



Article 27



Members of diplomatic missions and consular posts



Nothing in this Agreement shall affect the fiscal privileges of

members of diplomatic missions and consular posts under the

General rules of international law or under the provisions of

Special agreements.



Article 28



Entry into force



1. Each of the Contracting States shall notify the other of the

completion of the procedures required by its laws for the entry

into force of this Agreement.



2. The Agreement shall enter into force on the thirtieth day


After the receipt of the later of these notifications and shall

thereupon have effect:



(a) in Nigeria:



(i) in respect of withholding tax on income and taxes on

capital gains derived by a non-resident, in relation to income

and capital gains derived on or after the first day of January

in the calendar year immediately following that in which the

Agreement enters into force;



(ii) in respect of other taxes, in relation to income of any

basis period beginning on or after the first day of January in

the calendar year immediately following that in which the

Agreement enters into force;



(b) in Sweden:



(i) in respect of taxes withheld at source, for amounts paid or

credited on or after the first day of January of the year next

following the date on which the Agreement enters into force;



(ii) in respect of other taxes on income and on capital gains,

on taxes chargeable for any tax year beginning on or after the

first day of January of the year next following the date on

which the Agreement enters into force.



Article 29



Termination



This Agreement shall remain in force until terminated by a

Contracting State. Either Contracting State may terminate the

The agreement, through diplomatic channels, by giving written

notice of termination at least six months before the end of any

calendar year. In such case, the Agreement shall cease to have

effect:



(a) in Nigeria:



(i) in respect of withholding tax on income and taxes on

capital gains derived by a non-resident, in relation to income

and capital gains derived on or after the first day of January

in the calendar year immediately following the end of the six-

month period;



(ii) in respect of other taxes, in relation to income of any

basis period beginning on or after the first day of January in

the calendar year immediately following the end of the six-

month period;



(b) in Sweden:



(i) in respect of taxes withheld at source, for amounts paid or

credited on or after the first day of January of the year next

following the end of the six-month period;



(ii) in respect of other taxes on income and on capital gains,

on income chargeable for any tax year beginning on or after the

first day of January of the year next following the end of the

the six-month period.



In witness whereof the undersigned being duly authorised

thereto have signed this Agreement.



Done at Stockholm, this 18th day of November, 2004, in

duplicate in the English language.



For the Government of the Kingdom of Sweden



Thomas Östros



For the Government of the Federal Republic of Nigeria



Alhaji Abubakar A. Tanko



Protocol to the Agreement between the Kingdom of Sweden and the

The Federal Republic of Nigeria for the avoidance of double

taxation and the prevention of fiscal evasion with respect to

taxes on income and on capital gains



At the moment of signing the Agreement for the avoidance of

double taxation and the prevention of fiscal evasion with

respect to taxes on income and on capital gains between the

Kingdom of Sweden and the Federal Republic of Nigeria, the

Contracting States have agreed that the following provisions

shall form an integral part of the Agreement:



Article 5



1. It is agreed that if any agreement or convention between

Nigeria and a member state of the Organisation for Economic

Cooperation and Development (OECD) provides for a longer time

period than any of those provided for in sub-paragraph (g) or

(h) of paragraph 2 of Article 5 (either generally or in respect

of specific activities), such longer time period or periods

shall automatically apply (either generally or in respect of

specific activities) if a resident of Nigeria Carrie's on any

such activities in Sweden or if a resident of Sweden carries on

any such activities in Nigeria, under the same conditions as if

such longer time period or periods had been specified in those

sub-paragraphs.



2. It is agreed that if in any agreement or convention between

Nigeria and a member state of the Organisation for Economic

Cooperation and Development (OECD) signed after the signing of

This Agreement the word "delivery" is included in a Commission

or provisions corresponding to sub-paragraph (a) or sub-

paragraph (b) of paragraph 3 of Article 5, or both sub-

paragraphs, sub paragraphs (a) and (b) of paragraph 3 of

Article 5 of this Agreement shall automatically be applied as

If the word "delivery" had been so included from the same time

When the agreement or convention between Nigeria and the third

State becomes effective.



Article 7



It is agreed that the provisions of sub-paragraphs (b) and (c)

of paragraph 1 of Article 7 shall apply only where sales and

business activities are effected directly by the enterprise in

the other Contracting State through other outlets than the

permanent establishment for the purpose of to the depleting the

profits that would otherwise have been attributable to the

permanent establishment and



(i) the profits of the permanent establishment are not

determined on the basis of the total amount received by the

Enterprise, but are determined on the basis of the remuneration

which it is expected to make if it were a distinct and

independent enterprise engaged in the same or similar

activities under the same or similar conditions;



(ii) the profits of such permanent establishment are not

determined on the basis of the total amount of the contract,

but are determined on the basis of that part of the contract

which is effectively carried out by the permanent

Re-establishment.



Article 8



1. If the competent authorities of the Contracting States by

mutual agreement, conclude that profits are derived by a

the resident or residents of a Contracting State from the operation

of ships or aircraft in international traffic to or from places

in the other Contracting State and that such profits are not

derived by a resident or residents of the other Contracting

State from the operation of ships or aircraft in international

traffic to or from places in the first-mentioned State, and

that such a situation has a permanent nature, then the condition

of reciprocity envisaged in paragraph 1 of Article 8 for tax

exemption is not met. In such case the tax charged shall not

exceed 1 per cent of the earnings of the enterprise derived

from the other Contracting State. For the purpose of the

foregoing sentence, the term "earnings" means the income derived by

a resident of a Contracting State from the carriage of

passengers, mail, livestock or goods boarded or loaded into the

other Contracting State, less refunds and payments of wages and

salaries of ground staff and excluding income derived from the

carriage of passengers, mail, livestock or goods which are

brought to that other State solely for transhipments or

transfers.



2. If any agreement or convention for the avoidance of double

taxation, or protocol thereto, or any other international

arrangement concluded after the date of the signing of this

Agreement between Nigeria and a third State provides for rates

of taxation (including nil rates) on the profits derived from

the operation of ships or aircraft in international traffic

which are lower than the rate provided for under this Protocol,

then the same lower rate shall apply under this Agreement and

shall have effect from the latter of the dates of which this

Agreement or the relevant convention, agreement, protocol or

other international arrangement between Nigeria and a third

State becomes effective.



Articles 10, 11 and 12



In respect of paragraph 6 of Article 10, paragraph 8 of Article

11 and paragraph 7 of Article 12, it is agreed that when a

Contracting State contemplates to deny benefits to a resident

of the other Contracting State, the competent authorities

should consult with each other.



It is agreed that if any agreement or convention between

Nigeria and a member state of the Organisation for Economic

Cooperation and Development (OECD) provides that Nigeria shall

exempt from tax dividends, interest or royalties (either

generally or in respect of specific categories of dividends,

interest or royalty payments) arising in Nigeria, or limit the tax

charged in Nigeria on such dividends, interest or royalties

(either generally or in respect of specific categories of

dividends, interest or royalties) to a rate lower than that

provided for in sub-paragraph (a) of paragraph 2 of Article 10,

paragraph 2 of Article 11 or paragraph 2 of Article 12 of the

Agreement, such exemption or lower rate shall automatically

apply to dividends, interest or royalties (either generally or

in respect of those specific categories of dividends, interest

or royalties) arising in Nigeria and beneficially owned by (a)

resident of Sweden and dividends, interest or royalties (either

generally or in respect of those specific categories of

dividends, interest or royalties) arising in Sweden and

beneficially owned by a resident of Nigeria, under the same

conditions as if such exemption or lower rate had been

specified in those sub-paragraph or paragraphs.



In witness whereof the undersigned being duly authorised

thereto have signed this Protocol.



Done at Stockholm, this 18th day of November, 2004, in

duplicate in the English language.



For the Government of the Kingdom of Sweden



Thomas Östros



For the Government of the Federal Republic of Nigeria



Alhaji Abubakar A. Tanko



Agreement between the Kingdom of Sweden and the Federal Republic of

Nigeria for the avoidance of double taxation and the prevention of

tax evasion with respect to taxes on income and on capital gains



The Government of the Kingdom of Sweden and the Federal Republic of Nigeria

Government, desiring to conclude an agreement for the avoidance of

double taxation and the prevention of fiscal evasion with respect to

taxes on income and on capital,



have agreed as follows:



Article 1




Persons to whom the agreement applies



This agreement shall apply to persons who are domiciled in a

Contracting State or in both Contracting States.



Article 2



Taxes covered by the agreement



1. this Agreement shall apply to taxes on income and on

the capital gain in respect of a Contracting State, its

political underavdelningars or local authorities,

regardless of the way in which taxes are levied.



2. taxes on income and on capital gains, of course, all

taxes levied on income in its entirety, or parts of

income, including taxes on profit due to

transfer of movable or immovable property and taxes on

capital appreciation.



3. The currently outgoing taxes to which this agreement

applied is:



a) in Nigeria:



1) on personal income tax,



2) corporate tax rate,



3) tax on petroleum profits,



4) tax on capital gains, and



5) education tax,



(in the following referred to as "Nigerian tax");



b) in Sweden:



1) state income tax,



2) withholding tax,



3) the Special income tax for non-residents,



4) the Special income tax for non-resident artists

and others, and



5) the municipal income tax,



(in the following referred to as "Swedish tax").



4. the agreement also apply to taxes for the same or essentially

Similarly, after the signing of the agreement accrue at

addition to or in place of the in paragraph 3 of this article

the said taxes. The competent authorities of the Contracting

States shall notify each other of the essential changes that

made in the respective tax laws.



Article 3



General definitions



1. Unless the context gives rise to different, have in the application

by this agreement the following expressions the following meaning:



a) "Nigeria" refers to the Federal Republic of Nigeria, including

each area outside the Federal Republic of Nigeria

the territorial waters in accordance with international law

constitutes or will constitute, in accordance with

Federal Republic of Nigeria's laws regarding

the continental shelf, an area in which the Federal Republic of

Nigeria's rights with respect to the sea bed, its subsoil and

its natural resources may be exercised;



b) "Sweden" means the Kingdom of Sweden and the includes

used in geographic significance Sweden's territory in Swedish

territorial sea and other maritime areas over which Sweden, in

conformity with international law, exercises sovereign

rights or jurisdiction;



(c)) "a Contracting State" and "the other Contracting

the State "refers to Nigeria or Sweden, depending on the context,



d) "person" includes natural persons, companies and other

Association,



e) "company" means any legal person or any other that at

taxation is treated as a legal person,



f) "company" means the exercise of any form of movement,



g) "enterprise of a Contracting State" and "enterprise of the other

Contracting State "refers to the business carried on by any person with

resident in one Contracting State or business conducted

by a resident of the other Contracting State,



h) "competent authority" means:



1) in Nigeria, the Minister of finance or his authorised

agents,



2) in Sweden, the Minister of finance or his authorised representative

or authority to whom be entrusted to be competent

authority for the purposes of this agreement,



in) "international transport" means transport by ship or

aircraft used by an enterprise of a Contracting State

except when the ship or aircraft are used exclusively between

places in the other Contracting State,



j) "national" means:



1) natural person which has the nationality of a Contracting

State,



2) legal person, partnership, association or other

Association incorporated under the legislation of

a Contracting State,



k) "movement" includes the exercise of a liberal profession, and other

independent operations.



2. Where a Contracting State applies the agreement at a particular

time is deemed, unless the context shall give rise to different,

any expression that is not defined in this agreement have the meanings

that statement has at that time under the State's

legislation in respect of such taxes to which the agreement

applied and the relevant expression is under current

tax law of that State shall take precedence over the

significance of the expression under any other legislation in this

State.



Article 4



Resident



1. for the purposes of this agreement, the term "person with

resident in one Contracting State "person under

the laws of that State, is liable to tax there because of

domicile, residence, place of management, company formation

or other similar circumstances and also includes this

State, its public-sector bodies or institutions;

political subdivisions or local authorities. This

expression, however, does not include a person who is liable to tax in

This State only of income from sources in that State or of

wealth located there.



2. where by reason of the provisions of paragraph 1 of this article

an individual is a resident of both Contracting States,

his residence is determined as follows:



(a)) he is considered to be resident only of the State in which he has a dwelling

permanently available to him. If he has a

such property in both States, he shall be deemed to be a resident only in the

State with which his personal and economic relations are

the strongest (Centre of life interests),



(b)) if it cannot be settled in the State he has Center for

their living interests or if he's not in either State have

a dwelling that is permanently available to him, shall be deemed to

he be a resident only of the State where he usually resides,



(c)) if he usually resides in both States or not

reside permanently in any of them, he shall be deemed to be a resident

only in the State of which he is a national,



d) if he is a national of both States or is not

nationals of any of them, the competent authorities of the

Contracting States shall seek to settle the question by mutual

agreement.



3. where by reason of the provisions of paragraph 1 of this article

a person other than an individual is a resident of both Contracting

States, the competent authorities of the Contracting

States shall seek to settle the question by mutual agreement.



Article 5



Permanent establishment



1. for the purposes of this agreement the term "fixed

establishment means a fixed place of business, from

What a business is wholly or partly carried on.



2. The term "permanent establishment" includes especially:



a) place of business management,



b) branch,



c) offices,



d) factory,



e) workshop,



f) mine, an oil or gas well, a quarry or any other place of

the extraction of natural resources,



g) place for building, construction, Assembly or

installation activities and activities of

monitoring in connection therewith, but only where the activities

runs longer than six months, and



h) provision of services, including consultancy services,

by an enterprise through employees or other personnel engaged

of the company for such purposes, but only if such activities

in progress (for the same or a related business) within the

a Contracting State for a period or periods of time

as a total exceeding six months within a

12-month period.



3. Notwithstanding the preceding provisions of this article shall be deemed to

the term "permanent establishment" shall not include:



(a)) the use of facilities solely for the storage or

exhibition of company of goods,



(b) holding of a company belonging to) stock in trade solely

for storage or exhibition,



(c) holding of a company belonging to) stock in trade solely

for working or processing by other company,



d) holding of fixed place of business

exclusively for the purchase of goods or obtaining information

for the company,



e) possession of a fixed place of business

exclusively for the enterprise carrying on other activities of the

preparatory or auxiliary nature,



f) holding of a fixed place of business

exclusively for any combination of activities mentioned in

a) to (e)) above, provided that all the activities

conducted at the permanent place of business

because of this combination is of a preparatory or

Deputy art.



4. The term "permanent establishment" shall be deemed to include a

fixed place of business used as

point of sale regardless if this fixed place of

business in General is used for the activities listed in

paragraph 3 of this article.



5. Enterprises of a Contracting State are not considered to have fixed

establishment situated in the other Contracting State only on the

because the company carries on business in that State

through the intermediary of brokers, Commissioner or other independent

Representative, provided that such persons, thereby

conducts its usual business.



6. A person who is not an independent representative on

the paragraph 5 of this article are applied, and who is active in

a Contracting State to a company in the other

Contracting State shall, unless the activities

person is limited to those set out in paragraph 3 of

This article and which, if it was done from a permanent

place of business, would not make this

fixed place of business to the permanent establishment


in accordance with the provisions of that paragraph, considered to be a fixed

establishment of that enterprise in the first State if:



a) the person has and in this State are regularly using power of Attorney

to conclude agreements or where doing business in

the company's name, or



(b)) the person habitually secures orders for sale of goods

in this State, exclusively or almost exclusively for this

company or other companies controlled by the

or holds a controlling share of it.



7. the fact that a company resident in a

Contracting State controls or is controlled by a

a company resident in the other Contracting State or in a

companies doing business in the other State

(either from a permanent establishment or otherwise),

not in and of itself to constitute either company a permanent establishment

for the other.



Article 6



Income from immovable property



1. income, as a person resident in one Contracting State

acquires immovable property (including income from agriculture

or forestry) situated in the other Contracting State, may

be taxed in that other State.



2. The term "immovable property" has the meaning the term has

According to the legislation of the Contracting State in which the property

is located. However, the term always includes accessories

immovable property, the living and the dead furniture in agriculture and

forestry, rights to which the provisions of private law

If immovable property apply, buildings, tenancies of immovable

property, and the right of changing or fixed remuneration

for the use of, or the right to use mineral occurrence,

source or another natural resource. Ships, boats and aircraft

is not considered to be real property.



3. the provisions of paragraph 1 of this article shall apply to

income gained through immediate use, by

rental or other use of the immovable property.



4. the provisions of paragraphs 1 and 3 of this article shall apply

also on income from immovable property belonging to the company.



Article 7



Income from operating



1. the Income of an enterprise of a Contracting State

acquire, shall be taxable only in that State unless the enterprise

carries on business in the other Contracting State from where

permanent establishment situated. If the enterprise carries on business just now

specified manner, the company's income is taxed in the other

the State, but only so much thereof as is attributable to:



a) that permanent establishment;



b) sales in that other State of goods of the same or

similar kind as those sold through that permanent establishment;

or



c) other business activities carried on in that other State which

are of the same or similar kind as those carried out by the

permanent establishment.



2. enterprises of a Contracting State carries on business in the

other Contracting State from where the permanent establishment situated

are entered, unless the provisions of paragraph 3 of this article

causing the other, in either Contracting State to the

permanent establishment the income that it can be assumed that

establishment would have acquired, if it was a standalone

company, which operated out of the same or a similar kind

under the same or similar conditions and independently completed

business with the undertaking to which the establishment belongs.



3. In determining permanent establishment income deduction is allowed

for expenses that can be shown to have occurred for the fixed

establishment, including included expenses for the company's

management and General Administration, whether the expenditure

raised in the State in which the permanent establishment is situated

or elsewhere. The deduction is allowed, however, not for the amount, if

some, like the permanent establishment paid to company

Head Office or any of its other offices (unless the amounts

represents compensation for actual expenses) in the form of royalties,

fees or other similar payments for the use of

patents or other rights, or by way of compensation for

special services or for management, or, except in the

the case of the banking business, in the form of interest on capital borrowed to

the permanent establishment. Similarly, in determining the

the income of the permanent establishment, is not taken into account amounts that the

permanent establishment charged its head office or any of the

by its second Office (if not the sums represent compensation for

actual expenditure) in the form of royalties, fees or other

similar payments for the use of patents or other

rights, or in the form of reimbursement for specific services

or management, or, except in the case of banking undertakings, in

the form of interest on capital borrowed to the corporate office

or any other of its Office.



4. income not attributable to a permanent establishment by reason only of the

the reason to purchase goods through the permanent establishment

merchandise for the enterprise. This is true provided that, in the

cases in which the permanent establishment is also used as the

point of sale for the goods purchased, revenue

generated in such sales are attributed to the solid

establishment. For the purposes of this paragraph, the expression

point of sale shall be deemed to have the same meaning as in article 5

point 4.



5. for the purposes of the preceding paragraphs, income is determined as

is attributable to the permanent establishment by the same procedure

from year to year, unless good and sufficient reasons causing the

other things.



6. Included in income by operating income which are dealt with in particular in

other articles of this agreement, the provisions of these

articles not by the provisions of this article



Article 8



Sea and air transport



1. A resident of a Contracting State shall, during

the condition of reciprocity, be exempt from taxation in the

other Contracting State on the income or profits which

acquired through the use of a ship or aircraft in

international traffic.



2. the provisions of paragraph 1 of this article shall apply to

income acquired by the air transport Consortium Scandinavian

Scandinavian Airlines System (SAS) but only in respect of the part of the

the income corresponding to the share of the Consortium held by

SAS Sweden AB, the Swedish partner of SAS.



3. the provisions of paragraph 1 of this article also apply to

revenue gained through participation in a pool, a

joint business or an international operating agency.



Article 9



Companies with associated enterprises



1. In cases where the



a) an enterprise of a Contracting State, either directly or indirectly

participate in the management or control of a company in the other

Contracting State or owns part of the company capital,

or



(b)) the same person participates directly or indirectly in the management,

or control of an enterprise of a Contracting State

as an enterprise of the other Contracting State or own

part in both of these corporate capital, observed the following.



If between businesses in terms of trade relations or

financial relations agreed upon or prescribed conditions, as

differ from those which would have been agreed between each other

independent company, receives all the income, that without such conditions

would have been one company but who, because of

the terms in question did not come about this company, be included in the

This company's income and taxed accordingly.



2. In cases where one Contracting State in the income of a company

in this State do-and accordingly, taxes

-income, for which an enterprise of the other Contracting

State is taxed in the other State, and it thus

ancillary income is such as would have been the company

in the first State on the terms agreed between

the enterprises had been those which would have been agreed between the

independent companies, that other State shall implement

proper adjustment of the amount of tax levied for

income there. When such adjustments are observed other provisions

in this agreement and the competent authorities of the Contracting

States are in talks with each other when necessary.



Article 10



Dividend



1. Dividends paid by a company resident in one Contracting State

to a resident of the other Contracting State,

be taxed in that other State.



2. Dividends may be taxed in the

Contracting State of which the company paying the dividends has

the resident, in accordance with the laws of that State. If he who has

entitled to dividends is a resident of the other Contracting

the State shall not exceed:



a) 7.5% of the gross amount of the dividends, if the

entitled to dividends is a company (with the exception of

trading company) which holds directly at least 10 per cent of the

paying the company's capital;



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



The competent authorities of the Contracting States may

reach agreement on the way to implement these

limitations.



This paragraph does not affect the company's taxation of the profits of

which the dividends are paid.



3. The term "dividends" is understood in this article income by

shares or other rights, not being debt-claims, with

right to share in profits, as well as income from other rights in

companies under the law of the State in which the distributing

company is resident for tax purposes shall be treated in the same way

as income from shares.



4. the provisions of paragraphs 1 and 2 of this article shall apply

No, if the beneficial owner of the dividends is a resident of a

Contracting State, carries on business in the other

Contracting State, where the company paying the dividends is

residence, from where the permanent establishment is located, and the proportion of


because of which the dividend is paid is the owner of genuine link with

the permanent establishment. In such cases, apply the provisions

in article 7.



5. If the company resident in one Contracting State acquires

income from the other Contracting State, that other

State does not tax dividends paid by the company, except to the

so far as the dividend is paid to a resident of the other

State or insofar as the percentage due to the dividend payment

paid owns truly connected with a permanent establishment in this

other State, nor on the company's undistributed profits take off

a tax that is paid on the company's undistributed profits, even if

the dividend or the undistributed profits wholly or partly

consists of income arising in that other State.



6. The provisions of this article shall not apply if the

right that gave rise to the dividend has been formed or

placed importantly in order to achieve the benefits of this

Article and not of real business reasons.



Article 11



Interest rate



1. interest, stemming from a Contracting State and which

paid to a resident of the other Contracting

the State, may be taxed in that other State.



2. interest may be taxed in the Contracting

State from which it is derived, under the laws of this

State, but if the beneficial owner of the interest is a resident of the

other Contracting State, the tax shall not exceed 7.5

per cent of the gross amount of the interest. The competent authorities of the

Contracting States may agree on way

to implement this restriction.



3. Notwithstanding the provisions of paragraph 2 of this article

shall bear interest as set out in paragraph 1 of this article shall be taxable

only in the Contracting State in which the person entitled to

the interest is a resident if one of the following conditions is

true:



(a)) the recipient of the interest is a Contracting State, any of its

bodies governed by public law, or one of its political

subdivisions, local authorities or any of its

institutions or bodies, or



b) the interest is paid on account of a loan that is guaranteed by

the Government in the Contracting State of which the payer of the interest rate

is habitually resident, or



c) in the case of Sweden, the interest is paid on account of a loan

granted or guaranteed by the Swedish International

development cooperation (SIDA), the Swedish Export Credit Corporation (SEK),

Swedfund International AB, the Swedish Export Credits Guarantee Board (EKN) or

other institution of a public nature with a view to

promote exports or development.



4. The term "interest" for the purposes of this article the income of

each kind of claim, whether secured by mortgage

in immovable property or not, and whether it entails the right to

interest in the debtor's profits or not. The expression refers to

in particular, income from securities issued by State and

income from bonds or debentures, including

premiums and benefits pertaining to such securities,

bonds or debentures; Penalty fee for late

payment is not considered as interest for the purpose of this

article.



5. the provisions of paragraphs 1, 2 and 3 of this article

shall not apply if the beneficial owner of the interest is a resident of

a Contracting State, carries on business in the other

Contracting State, from which the interest arises, from which

permanent establishment situated, as well as the claim for the interest rate

paid owns truly connected with the permanent establishment. In

in such cases the provisions of article 7.



6. interest shall be deemed to arise from a Contracting State if

the payer is a resident of this State, If

However, the person paying the interest, whether he is

resident in a Contracting State or not, in a

Contracting State has a permanent establishment in connection with which

the debt is incurred in respect of which the interest is paid, and the interest rate

borne by the permanent establishment, the interest rate is considered to derive from the

State in which the permanent establishment is situated.



7. where by reason of a special relationship between the payer and the

the beneficial owner of the interest or between both of them and other

person the amount of the interest, having regard to the debt claim for which

the interest is paid, exceeds the amount which would have been agreed

between the payer and the beneficial owner of the interest on such

relations do not exist, the provisions of this

article only at the latter amount. In such a case be taxed

excess amounts in accordance with the legislation of each

Contracting State in compliance with the other provisions of

This agreement.



8. The provisions of this article shall not apply if the

right or property giving rise to the interest rate

up or placed importantly in order to achieve

advantages of this article and not on the basis of real

business reasons.



Article 12



Royalty



1. Royalty, as derived from a Contracting State and which

paid to a resident of the other Contracting

the State, may be taxed in that other State.



2. Royalties may be taxed in the Contracting

State from which it is derived, under the laws of this

State, but if the beneficial owner of royalties is a resident of the

other Contracting State, the tax shall not exceed 7.5

per cent of the gross amount of the royaltyns. The competent authorities of

the Contracting States may agree on way

to implement this restriction.



3. The term "royalties" in this article, of course, every kind of

payments received as compensation for the use of, or

for the right to use copyright to literary, artistic

or scientific work, including cinematograph films or

video or tapes for radio or television broadcasting, any patent,

trademark, design or model, plan, secret formula or

secret manufacturing process or for the use by or for the

the right to use industrial, commercial or scientific

equipment, or for information concerning findings of

industrial, commercial or scientific experience.



4. the provisions of paragraphs 1 and 2 of this article shall apply

No, if the beneficial owner of royalties is a resident of a

Contracting State, carries on business in the other

Contracting State, from which the royalty arises, from which

permanent establishment situated, as well as the straight-speed or property in

respect of which the royalty is paid fair owns the context of the

permanent establishment. In such cases, apply the provisions of

Article 7.



5. Royalties shall be deemed to arise from a Contracting State if

the payer is a resident of this State, If

However, the person paying the royalties, whether he is

resident in a Contracting State or not, in a

Contracting State has a permanent establishment in connection with which

the obligation to pay the royalty raised, and royalties

borne by the permanent establishment, be regarded as royalties derived from

the State in which the permanent establishment is situated.



6. where by reason of a special relationship between the payer and the

the person entitled to the royalties or between both of them and other

person the amount of the royalties, having regard to the use, the

right or the enlightenment for which royalties are payable,

exceeds the amount which would have been agreed between the payer

and the person entitled to the royalty for such relations not

exist, the provisions of this article shall apply only to

the latter amount. In such a case the taxable surplus amount

According to the law of each Contracting State with

observance of the other provisions of this agreement.



7. The provisions of this article shall not apply if the

right or property giving rise to the royalty

up or placed importantly in order to achieve

advantages of this article and not by real business

reasons.



Article 13



Capital gain



1. Profit, as a person resident in one Contracting State

acquires from the alienation of such immovable property

referred to in article 6 and situated in the other Contracting

State, or from the alienation of shares in a company

whose assets consists mainly of such property,

be taxed in that other State.



2. Gains from the alienation of movable property forming part

of the operating assets of a permanent establishment which an enterprise of the

a Contracting State has in the other Contracting State,

including gains from the alienation of such a permanent

establishment (alone or with the whole enterprise), may

be taxed in that other State.



3. Profit as a resident of a Contracting State

acquires from the alienation of ships or aircraft

used in international traffic, or movable property which is

attributable to the use of such ship or aircraft;

shall be taxable only in that State.



As regards the profit gained by the air transport Consortium

Scandinavian Airlines System (SAS), the provisions of this

paragraph apply only in respect of the part of the gain

corresponds to the percentage of the Consortium held by SAS Sweden

AB, the Swedish partner of SAS.



4. Except where the provisions of paragraph 1 of this article shall give rise

otherwise, the prize that is acquired by a person resident in a

Contracting State from the alienation of shares in a

companies shall be taxable only in that State except in cases where the assignor

is a natural person who has been a resident of the other

Contracting State, a resident of the first-mentioned

Contracting State. In such a case, the gain is taxed in

the other Contracting State but only if the company, whose

shares are transferred, is resident in the other Contracting State


and the transfer occurs at any time during the ten years

immediately after the individual has ceased to

be resident in that other State.



Article 14



Income from employment



1. the provisions of articles 15, 17 and 18 give rise

other, taxable wages and other similar remuneration paid by person

resident in one Contracting State receives due

employment, only in that State unless the work is carried out in

the other Contracting State. If the work is performed in this

other State, compensation received for work are taxed

there.



2. Notwithstanding the provisions of paragraph 1 of this article

taxable compensation, as a resident of a

Contracting State receives for work carried out in the other

Contracting State, only in the first-mentioned State if



a) recipient residing in the other State during the time period or

time periods that in total not exceeding 183 days during a

twelve-month period commencing or ending in the

the tax year in question, and



b) the remuneration is paid by the employer who is not domiciled in

the other State or on his behalf, and



c) compensation does not affect the permanent establishment

the employer has in the other State.



3. Notwithstanding the preceding provisions of this article,

remuneration for work performed on board the ship or

aircraft used in international traffic by an enterprise of

a Contracting State may be taxed in that State, if a person

resident in Sweden receives remuneration for work performed

on board the aircraft used in international transport of

the air transport Consortium Scandinavian Airlines System (SAS), shall

such remuneration shall be taxable only in Sweden.



Article 15



Directors ' fees



Directors ' fees and other similar remuneration, as a person with

resident in one Contracting State receives as a member of the

Board or other similar bodies in companies established in the

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



Article 16



Artists and athletes



1. Notwithstanding the provisions of article 14, income,

person resident in one Contracting State acquires by their

personal business in the other Contracting State in

as a performer, such as theater or film actor,

radio or television artist, or a musician, or as a

of athletes, be taxed in that other State.



2. Notwithstanding the provisions of articles 7 and 14 may, in

where the income through personal activities as an artist or

athletes engaged in that capacity does not become the property of the artist

or sportutövaren personally, but another person, this

income will be taxed in the Contracting State in which the artist or

sportutövaren conducts business.



Article 17



Pensions, annuities and similar payments



1. Pensions and other similar remuneration, payment under

social security legislation and annuities arising from a

Contracting State and paid to a resident of the

the other Contracting State, may be taxed in the

first-mentioned Contracting State.



2. The term "annuity" means a prescribed amount, which

be paid periodically at specified times during a person's

lifetime or during a specified or ascertainable period of time, and

that is because of the obligation to give effect to these

However, payments made as remuneration for fully answering

consideration in money or money value.



Article 18



Public service



1. a) salaries and other remuneration, other than a pension, as

paid by a Contracting State, its political

subdivisions or local authorities, to the natural person on

because of the work done in this State, the section

or governmental service, shall be taxable only in that State.



b) Such salary and other remuneration shall be taxable only in

the other Contracting State if the work is done in this second

State and the person concerned is domiciled in this State and



1) is a national of that State, or



2) were not allowed to live in this State solely for the purpose of performing

the work.



2. the provisions of articles 14, 15 and 16 shall apply to

compensation paid on the basis of the work carried out in connection

with business carried on by a Contracting State, one of its

political subdivisions or local authorities.



Article 19



Students and trainees



A student, apprentice or trainee who is, or immediately

before visiting a Contracting State a resident of the

other Contracting State and who is staying in the former

State exclusively for their education or training,

not subject to tax in that State, for the amount that he receives for

his livelihood, his teaching or training, on the amounts

derived from sources outside that State.



Article 20



Teachers and researchers



1. Notwithstanding the provisions of article 14, a

a professor or teacher who is staying in a Contracting State in

order to carry out teaching or research at a

University or other similar educational institution recognized in

This state immediately before this stay resident

in the other Contracting State, shall be exempt from taxation in the

the first State for compensation for such teaching

and research for a period not exceeding one year

from the date of the first arrival in such a view to the

first State, provided that such compensation

received by him from sources in the other Contracting State.



2. the provisions of this article shall not apply to income

from research on this research is not conducted in public

interest without wholly or mainly for the benefit of one or

several specific people.



Article 21



Other income



1. income as a resident of a Contracting State

acquires and which are not dealt with in the foregoing articles of this

Agreement shall be taxable only in that State, regardless of the origin of income

derived.



2. the provisions of paragraph 1 of this article shall not apply to

income, other than income from immovable property referred to in

Article 6, paragraph 2, if the recipient of the income is resident in a

Contracting State, carries on business in the other

Contracting State through permanent establishment situated there as well as

the right or property in respect of which the income is paid

own the actual relation to the permanent establishment. In such a case

apply the provisions of article 7.



3. Notwithstanding the provisions of paragraphs 1 and 2 of this

Article get income that a resident of a Contracting

State acquires and which are not dealt with in the foregoing articles of

This agreement and which stem from the other Contracting

the State, also be taxed in that other State.



Article 22



The Elimination of double taxation



1. in the case of Nigeria:



In accordance with Nigerian law relating to set-off from

Nigerian tax of tax levied within a territory

outside Nigeria (which shall not affect the general principle

listed here) set off Swedish tax according to Swedish law and

in accordance with this agreement is imposed either directly or

through tax deductions, to the income or profit from the source in Sweden

(but not in respect of the dividend, for the tax levied on the

profits of which the dividend is paid), from Nigerian tax that

be levied on the same income or profit.



2. in the case of Sweden:



a) where a resident of Sweden receives income that

According to Nigerian law, and in accordance with

the provisions of this agreement, may be taxed in Nigeria,

Sweden-having regard to the provisions of Swedish legislation

as regards the deduction of foreign tax (even as they

henceforth can get through to change without the general principle

listed here change)-from the Swedish tax on income

deduct an amount equivalent to the Nigerian tax that

paid on income.



b) where a resident of Sweden receives income that

in accordance with the provisions of this Agreement shall be taxable only in Nigeria,

Sweden may, when determining the tax rate for the Swedish

progressive tax, take into account the income which shall be taxable only

in Nigeria.



c) Notwithstanding the provisions of subparagraph (a)) in this paragraph is

dividends from companies established in Nigeria to companies with

resident in Sweden exempt from Swedish tax according to the

the provisions of Swedish law on tax exemption for dividends

paid to Swedish companies by companies abroad.



d) for the purposes of a) of this paragraph shall, in cases where a

Swedish company has a permanent establishment in Nigeria, the expression

"the Nigerian tax paid" include the Nigerian

tax that would have been paid if not such a time-limited

exemption or reduction of tax granted under

provisions for tax breaks in the Nigerian team that aims

to promote economic development to the extent that such

exemption or reduction granted for income from export

of Nigerian products, the mining industry, or for installation,

operation or maintenance of stationary or mobile

telecommunications systems and related equipment,

industrial and manufacturing operations, the oil and gas industry

as well as agriculture and tourism (including hotels and restaurants),

provided that the activities carried out in Nigeria. At

the application of c) in this paragraph a tax of 15 per cent

be deemed to have been paid for such activities and in such

conditions provided for in the previous sentence.



e) for the purposes of (a)) in this paragraph, Nigerian tax

paid on account of the royalty received for

the use of the patent, design or model, plan, secret

recipe or secret manufacturing process or for information about


experience knowledge of industrial, commercial or scientific

nature, in which the right is used for export of Nigerian

products, the mining industry, or for installation, operation, or

maintenance of stationary or mobile telecommunication systems

and related equipment, industrial and

manufacturing, the oil and gas industry and agriculture

and tourism (including hotels and restaurants), during

condition that the activities performed in Nigeria, it is considered

5 percent in addition to the taxes actually paid, or

If no tax was paid 5 per cent of the gross amount of the royaltyns.



f) (d)) and e) of this paragraph shall apply only

during the first ten years during which this Agreement shall apply.

This time period may be extended by mutual

agreement of the competent authorities.



Article 23



Prohibition of discrimination



1. nationals of a Contracting State shall not, in the second

Contracting State be subject to taxation or

coherent demands that are of a different kind or more onerous than

the taxation and related requirements as nationals of

the other State under the same circumstances are or may be

subject to. Notwithstanding the provisions of article 1

This provision also applies to any person who is not domiciled

of a Contracting State or in both Contracting States.



2. the taxation on a permanent establishment which businesses in a

Contracting State has in the other Contracting State,

in that other State shall not be less favourable than

taxation of the company in the other State, that carries

activities of the same kind. This provision is not considered to cause

the obligation of a Contracting State to grant to individuals with

resident in the other Contracting State such personal

deduction for tax purposes, such exemption or

tax reduction on the basis of marital status or

dependants permitted residents in their own

State.



3. Except where the provisions of article 9, paragraph 1,

paragraph 7 of article 11 or paragraph 6 of article 12 apply, the

interest, royalties and other payments from the company in a

Contracting State to a resident of the other

Contracting State, tax deductible in determining the

taxable income of such company on the same terms and conditions

as payment to a resident of the first State.



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

partly owned or controlled, directly or indirectly, by a

or more persons resident in the other Contracting

the State shall not be subjected in the first State for

taxation or related requirements of other

kind or more burdensome than the taxation and thus

coherent requirements as other similar companies in the

first State are or may be subjected.



5. Notwithstanding the provisions of article 2 shall be applied

the provisions of this article on the taxes of every kind and

nature.



Article 24



The procedure for the mutual agreement



1. If a person believes that a Contracting State or both

Contracting States took measures to him causes

or will result in taxation contrary to

the provisions of this agreement, he may, without prejudice to

his right to make use of the remedies contained in these

States ' internal legal systems, present the matter for the

competent authority of the Contracting State in which he has

domicile or, in the case of application of article 23 paragraph

1, in the Contracting State of which he is a national. The matter shall

be submitted within a period of six years from the time the person in question

learned about the action that gave rise to taxation

contrary to the provisions of the agreement.



2. If the competent authority finds the complaint justified but

Unable to achieve a satisfactory solution,

the authority shall seek to resolve the matter by mutual

agreement with the competent authority of the other

Contracting State in order to avoid taxation which

contrary to the agreement. Agreement is implemented

Notwithstanding the time limits in the Contracting States

internal legislation.



3. the competent authorities of the Contracting States shall

by mutual agreement, seek to determine or

doubts arising concerning the interpretation or

the application of the agreement. They can also initiate consultations with a view to

eliminate double taxation in cases not covered by this

agreements.



4. the competent authorities of the Contracting States may

enter into direct relations with each other in order to meet

agreement in the cases specified in the preceding paragraphs.



Article 25



Exchange of information



1. the competent authorities of the Contracting States shall

Exchange such information as is necessary to implement the

the provisions of this agreement or of the Contracting

States ' internal legislation concerning taxes of every kind

and nature for the Contracting States

or of their political subdivisions or local

authorities, insofar as the taxation thereunder

not contrary to the agreement. Exchange of information is limited

not by articles 1 and 2. Information which a Contracting

State received shall be treated as secret in the same manner as

information obtained in accordance with the internal legislation of the

This State and shall be disclosed only to persons or authorities

(including courts and administrative bodies)

sets, receives or collects the taxes referred to in

the first sentence or dealing with criminal charges or complaints in the field of

These taxes. Such persons or authorities shall use the

the information only for such purposes. They may disclose

the information in public court proceedings or in

Court decisions. The competent authorities may enter into

connected with each other in order to determine the appropriate conditions,

methods and procedures for how such an exchange of information

shall be carried out, including, where appropriate, the exchange of

information regarding tax avoidance.



2. the provisions of paragraph 1 of this article does not entail

the obligation of a Contracting State to



a) take administrative measures derogating from the legislation and

administrative practices in force in that Contracting State, or in the

other Contracting State,



b) provide information that is not available under

legislation or the usual administrative practice in this

Contracting State or of the other Contracting State,



c) supply information which would disclose any trade secret,

industrial, commercial or professional secret, or in

trade used the process or information,

the surrender would be contrary to ordre public considerations (

public).



Article 26



Limitation of benefits



Notwithstanding other provisions of this agreement, if:



a) company resident in one Contracting State acquires its

income primarily from other States



1) from activities such as banking, maritime, financial or

insurance activities, or



2) by head office, the coordination centre or

similar entity providing administrative or other

services to a group of companies engaged in operating

mainly in other States, and



b) such income is taxed at a significantly lower under

law of this State other than revenue from similar

activities carried out within this State or by being

Head Office, the coordination centre or similar device

provides administrative or other services to a

Group of companies which operate in this State,



the provisions of this agreement which allow for derogation from the

taxation or reduction of tax is not applied to income

as such a company acquires nor on dividend

paid by such a company.



Article 27



Members of the diplomatic mission and consular posts



The provisions of this Agreement shall not affect the privileges at the

taxation which, according to the General rules of international law or

provisions of specific agreements apply members

the diplomatic mission or consular post.



Article 28



Date of entry into force



1. the Contracting States shall by diplomatic means

inform each other of the measures taken pursuant to

respective State law required that this agreement

to enter into force.



2. the agreement shall enter into force on the thirtieth day following that of

the last of these notifications have been received and shall

then apply:



a) in Nigeria:



1) in respect of withholding taxes on income and taxes on

the capital gain which is acquired by a person who is not domiciled in

Nigeria, in respect of income and capital gains that are acquired

on 1 January of the calendar year immediately following the year in which the

the agreement enters into force or later,



2) in respect of other taxes, with respect to the income attributable

to the tax period begins on 1 January of the calendar year

that immediately after the year in which the agreement enters into force, or

later,



b) in Sweden:



1) in respect of withholding taxes, on amounts paid or

tillgodoförs on 1 January of the year following the

year in which the agreement enters into force or later,



2) in respect of other taxes on income and capital gains, on

taxes levied for the fiscal year that begins on 1 January

the years immediately following the year in which the agreement enters into

force or later.



Article 29



Termination



This agreement shall remain in force until terminated by a

Contracting State. A Contracting State may, at the diplomatic


way to terminate the agreement by giving at least six months before the end

of any calendar year thereof notify the other

State. In such event, the agreement shall cease to have effect:



a) in Nigeria:



1) in respect of withholding taxes on income and taxes on

capital gains that are acquired by persons who do not live in

Nigeria, in respect of income and capital gains that are acquired

on 1 January of the calendar year immediately following the end

of the six-month period or later,



2) in respect of other taxes, with respect to the income attributable

to the tax period begins on 1 January of the calendar year

that immediately after the end of the six-month period, or

later,



b) in Sweden:



1) in respect of withholding taxes, on amounts paid or

tillgodoförs on 1 January of the year immediately following

the end of the six-month period or later,



2) in respect of other taxes on income and capital gains, on

taxes levied for the fiscal year that begins on 1 January

the years following the expiration of the six-month period

or later.



In witness whereof the undersigned, being duly

authorised, have signed this agreement.



That took place in Stockholm on 18 november 2004, in duplicate in the

English language.



For the Government of the Kingdom of Sweden



Thomas Östros



For the Federal Republic of Nigeria's Government



Alhaji Abubakar A. Tanko



Protocol to the agreement between the Kingdom of Sweden and the Federal

Republic of Nigeria for the avoidance of double taxation and

Prevention of tax evasion with respect to taxes on income and

on capital gains



At the time of signing the agreement for the avoidance of

double taxation and the prevention of fiscal evasion with respect to

taxes on income and on capital between the Kingdom of

Sweden and the Federal Republic of Nigeria, the Contracting

States have agreed that the following provisions shall

be an integral part of the agreement:



Article 5



1. where an agreement or contract between Nigeria and a

Member State of the Organisation for economic cooperation and

Development (OECD) provides for a longer period of time than any of

those laid down in article 5, paragraph 2 (g)), or (h) either

generally, or in relation to specific activities),

such longer period or such longer period of time

automatically applied (either generally or in relation

for specific activities) If a resident in Nigeria

carrying out an activity in Sweden or if a person with

resident in Sweden engaged in those activities in Nigeria, at the same

as if such extended period or such longer

periods of time was provided for in those paragraphs.



2. where an agreement or contract between Nigeria and a

Member State of the Organisation for economic cooperation and

Development (OECD), which is signed after the signature of the

This agreement, the word "disclosure" should be included in a provision

or in the provisions corresponding to article 5, paragraph 3 (a)) or

(b)), or in both of these points, the article 5, paragraph 3 (a)), and

b) automatically apply as if the word "disclosure" had

included in this way from the time when the agreement

between Nigeria and this third State begins to apply.



Article 7



The provisions of article 7, paragraph 1 (b)), and (c)) shall apply only in

cases where the company's sales and business activity in the other

Contracting State is adversely affected due to other

outlets than the permanent establishment favoured by

be applied to revenue that otherwise would have been attributable to

the permanent establishment, and



1) income of the permanent establishment is not determined on

the basis of the total amount that the company receives, but on

the basis of the consideration that the establishment can be assumed to have

received if it had been an independent company, which conducted

activities of the same or a similar nature in the same or

similar conditions,



2) income of such a permanent establishment is not determined on

the basis of the total contract sum but on the basis of the

part of the contract which is fulfilled by the permanent establishment.



Article 8



1. If the competent authorities of the Contracting States

by mutual agreement agree to income

are acquired by one or more persons resident in a

Contracting State from the use of the ship or aircraft

in international traffic to and from sites in the other

Contracting State and that the corresponding revenue does not

are acquired by one or more residents of the other

Contracting State from the use of the ship or

aircraft in international transport to or from the sites in

the first State, and that this relationship is of

permanent nature, be considered the requirement of reciprocity provided for in

Article 8 paragraph 1 of the exemption are not fulfilled. In the case of the

relationship, the tax levied shall not exceed a

a percentage of the revenue that the company acquires from the other

Contracting State. On the application of the previous sentence

should the expression "income", of course the revenue acquired by the

a resident of a Contracting State from the transportation

of passengers, mail, livestock or goods as Board or

loaded in the other Contracting State, with a deduction for

refunds, wages in respect of ground staff and with carving

from the income earned for the carriage of passengers,

the mail, livestock or goods that arrived to the other State

exclusively for transfer or shuttle.



2. If an agreement or agreements for the avoidance of

double taxation, or Protocol relating thereto, or any

other international agreement signed after

date of signature of this agreement, between Nigeria and a

third State, imposes tax rates (including

a zero rate) on the income from the use of the ship or

aircraft in international traffic which is lower than that

set out in this Protocol, such lower rate applied

even with respect to this agreement from the later time when

either this agreement or agreement in question,

Agreement, Protocol or other international agreement

between Nigeria and this third State begins to apply.



Articles 10, 11 and 12



In the case of article 10, paragraph 6, article 11, paragraph 8 and article

12 paragraph 7 applies where a Contracting State considers that

deny, a resident of the other Contracting State

benefits, the competent authorities shall consult with

each other.



If an agreement or an agreement between Nigeria and a

Member State of the Organisation for economic cooperation and

Development (OECD) stipulates that Nigeria will be exempt

dividends, interest or royalties (either in general or in

relation to specific categories of dividends, interest or

Royalty) emanating from Nigeria, or limiting the tax

charged in Nigeria with respect to such dividends, interest or royalties

(either generally or in relation to specific

categories of dividends, interest or royalties) to a

tax rate of less than that laid down in article 10

paragraph 2 (a)), article 11, paragraph 2 or article 12, paragraph 2 of this

Agreement, such exemption or lower rate

automatically applies in respect of dividends, interest or royalties

(either generally or in relation to these specific

categories of dividends, interest or royalties) derived from

Nigeria and paid to a resident of Sweden

who are entitled to this and dividends, interest and royalty payments

(either generally or in relation to these specific

categories of dividends, interest or royalties) derived from

Sweden and paid to a resident of Nigeria

who are entitled to this, under the same conditions as if

the exemption or such lower tax rate had been prescribed

in those paragraphs.



In witness whereof the undersigned, being duly

authorised, have signed this Protocol.



That took place in Stockholm on 18 november 2004, in duplicate in the

English language.



For the Government of the Kingdom of Sweden



Thomas Östros



For the Federal Republic of Nigeria's Government



Alhaji Abubakar A. Tanko