Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5600.html
Law No. 5600 Date: 13/3/2007 article 1-12 October 2005, signed in Belgrade, "the Council of Ministers of Serbia and Montenegro with the Government of the Republic of Turkey Include income and wealth taxes on double taxation avoidance agreement" to be approved.
Article 2-this law comes into force the date of promulgation.
Article 3-the provisions of this law, the Council of Ministers.
The GOVERNMENT of the REPUBLIC of TURKEY AMONG the COUNCIL of MINISTERS of SERBIA and MONTENEGRO with INCOME and WEALTH TAXES on DOUBLE TAXATION AVOIDANCE AGREEMENT the GOVERNMENT of the REPUBLIC of TURKEY and the COUNCIL of MINISTERS of SERBIA and MONTENEGRO, income and wealth obtained through the tax prevents double taxation at the request make a deal in the FOLLOWING agreed upon: article 1 PERSONS COVERED this agreement Âkit States people who are residents of one or both of the apply.
Article 2 the AFORE MENTIONED DATES, TAXES 1. This agreement, regardless of how it is taken, a Âkit State or political subdivisions or local administrations by income and wealth obtained through taxes will be applied.
2. Securities gains arising from the transfer of assets or real estate tax paid by undertakings with the total amount of wages or salary is applied to taxes and capital increase in value including taxes applied to total revenue, total wealth or income or wealth taken over elements of all taxes, income taxes or fortune will be considered.
3. The agreement will be applied to the currently applicable taxes in particular: Serbia and Montenegro: 1) profits obtained through taxes;
2) income received through taxes;
3) wealth obtained through taxes.
(From now on referred to as "Serbia and Montenegro tax");
1 in Turkey) income tax;
2) corporate tax;
(From now on referred to as "Turkish tax").
4. after the date of signature of the agreement the agreement at the same time, in addition to or instead of their existing tax can be applied and the same nature or existing tax significantly similar to them will also be applied to taxes. Âkit States competent authorities in the relevant tax legislation will notify each other of important changes.
Article 3 GENERAL DEFINITIONS 1. For the purposes of this agreement: 1) "other State" and "A Âkit Âkit to the requirements of the State" Serbia and Montenegro text terms, or Turkey;
2) "Serbia and Montenegro" refers to Serbia and Montenegro States that community, while Serbia and Montenegro when used geographically, black country, internal waters and territorial waters zone, the airspace of them, as well as Serbia and Montenegro, in accordance with their domestic law and international law, for the purpose of investigation of natural resources and operation of the sovereign rights over the outer limits of the territorial waters of use outside the offshore portion of the sea bed and the Earth refers to the gold.
3) "Turkey" refers to territorial waters and airspace over the sovereignty of the area, including Turkey, as well as the search for natural resources in accordance with international law, and in order to protect the rights of jurisdiction or sovereignty refers to the sea area in which it is used;
the term "political subdivisions" 4), Serbia and Montenegro state community refers to Member States;
the term "citizen":-5) a Âkit is any real people have the citizenship of the State;
-According to the legislation in force in the State on a Âkit status in partnership or Association of any winning refers to, have legal personality;
6 the term "person" is a real person), a company and any other body of persons;
7) "Company" refers to any institution or treated as an organization in terms of taxation means that any organization;
8) "Âkit Âkit" and "other State Government attempt attempt" terms respectively, a resident of the State-run enterprises and other Âkit Âkit means a State resident-run enterprises;
the term "international traffic", 9) can only be performed within the limits of the State, other Âkit ships, aircraft or land transport by means of a Âkit State, excluding attempted by ship, aircraft or land transport of all kinds that have been made through posting refers to;
10) the term "competent authorities":-Serbia and Montenegro, the Ministry of International Economic Relations or its authorized representative;
-Meeting with the Minister of finance or its authorized representative in Turkey refers to the.
2. a Âkit of this agreement at any time by the State in relation to the implementation of any term that is not defined in the agreement, the agreement will apply, unless the text otherwise predict the taxes envisioned in the legislation of this State at that time in respect of the meaning of the applicable tax legislation and will carry this State situated in the other State legislation a meaning, this term will be given advantages in understanding.
Article 4 RESIDENT 1. For the purposes of this agreement, the term "resident of a Âkit State", this State, any political subdivision or local authority in accordance with the legislation of the State, including the home, domicile, legal base, administrative or similar structure due to tax under any other criteria commonly accepted means that people who had access to. However this term is the only one that comes from Government sources or that due to wealth in the Government there does not cover any person subjected to tax.
2. the provisions of paragraph 1 and therefore a real person is a resident of the State in both Âkit, that person's status will be determined in the following manner: 1) this person, only permanent residents of the State where a House can remain will be accepted. If the person can remain permanently at both State if you have a House, that person, only closer personal and economic relations will be considered a resident of the State (the Centre of vital interests);
2) If the person's vital interests cannot be determined, or the State of both can remain permanently in the State House, that person has acquired only a resident of the State where the House pieces on staying will be accepted;
3) If the person has acquired the pieces staying at both State House or a House that both State is not in question, that person will be considered a resident of the State, it is only the citizens;
4) if the person is a citizen of both the State and the State also is not a citizen of either or both, Âkit States competent authorities by mutual agreement to solve the problem.
3. a person other than a natural person, the provisions of paragraph 1 and therefore is a resident of the State in both Âkit, Âkit States competent authorities issue, that person's legal Center, the location of the active management or other relevant considering any criteria, they will strive to solve with mutual agreement.
Article 5 ESTABLISHMENT 1. For the purposes of this agreement, the term "workplace", an enterprise work is being carried out, in whole or in part, means a fixed place for work.
2. the term "workplace" in particular gets covered: 1) management;
5) workshop; and 6) mining, oil or gas well, a quarry or any other place where natural resources.
3. A construction worksite, construction or building project, but 18 months when a business creates.
4. This article is based on the earlier provisions with accepted, not covered by the term "workplace" will be considered the following issues: 1) Facilities, goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
2) stocks of goods or merchandise belonging to the Enterprise solely for the purpose of storage, display or delivery kept getting;
3 stocks of goods or merchandise belonging to the Enterprise), only for the purpose of processing by another enterprise kept getting;
4 only a fixed place for Enterprise Work) goods or merchandise purchase or information gathering purposes, kept getting;
for a fixed place for Work 5) attempted only preparatory or auxiliary character for the purposes of the execution of any other work kept getting;
only a fixed place for Work in 6) (1) to (5) by the way, a few of the activities mentioned in paragraphs kept getting to execute a; However, it is a combination of all these activities in the fixed place for conducting the activity that occurs as a result of preparatory or auxiliary character.
5. the provisions of paragraphs 1 and 2 of a person connected with accepted-6 of clause applies to independent outside agency a-a Âkit State, an undertaking will act on behalf of and in the name of the Enterprise contract is authorized to akdetme authority ordinarily, this person's activities relating to the work specified in the 4th and if a fixed place according to the provisions of this paragraph to make this place work place unless the activities that limited This attempt, in this State, the person performs for all kinds of attempted activity shall be deemed to have a permanent establishment.
6. An undertaking, a Âkid State, normally only work their jobs is an ongoing General Commission agent, broker or other independent status to play through any agency that has a permanent establishment in the State will be accepted.
7. a company with A State resident of Âkit, a resident of the State or other State Âkit other commercial activities (through a permanent establishment or otherwise), or a company that is controlled by controlling each of the companies will not generate a workplace for another.
Article 6 REAL ESTATE ENTITY REVENUES 1. A resident of the other State a Âkit Âkit revenues from real estate assets located in the State (including income from agriculture or ormancılıktan), that other State, be taxed.
2. "real estate asset" refers to the entity in question will be defined in accordance with the legislation of the State where Âkit. The term in any case, real estate asset müteferri entities, agriculture (including production and fish farming) and tools used in forestry and animals, the provisions of private law will apply to the rights to real estate ownership, usufruct rights, real estate and other resources of mines and natural resources operation or business as fixed or variable payments arising in Exchange for the rights to cover; ships, boats, planes and ground-based transportation vehicles will not be regarded as real estate asset.
3. the provisions of paragraph 1, arising from the use, rental real estate entity directly or other statement of income earned from the use in any way.
4. the provisions of paragraphs 1 and 3rd at the same time, the income of an enterprise real estate assets with real estate assets used in self-employment activities Executive will also be applied to income from.
Article 7 BUSINESS PROFITS 1. The Government attempted a Âkit gain, other attempt in question through a permanent establishment situated in the State Âkit there unless commercial activity would be taxed only in this State. If the aforementioned attempted way commercial activities if the property is not found, the enterprise gains attributable to the Office only to be limited to the amount that other State, be taxed.
2. without prejudice to the provisions of 3rd paragraph, attempted a Âkit State Âkit State through a permanent establishment situated in the other there is commercial activity is found, both Âkit atfedilecek the workplace earnings that State, this place of business under the same or similar circumstances, in the same or similar activities were separate and independent enterprises and businesses a quality completely independent attempted created had won what will gain will be the same amount of gain.
3. in determining the earnings of a permanent establishment, where the establishment is located in the State or elsewhere, management and general administration expenses that is appropriate for the purposes of the establishment, including the download of expenses will be allowed.
4. According to the legislation, the State can be attributed to a permanent establishment on a Âkit gain, various units of the total winnings attempted to be shared determination on the basis of habitual, in paragraph 2 of this article, nothing can be predicted, this Âkit would be taxed State, gain sharing that apply a method ordinarily to customers whose behavior indicates that they will not be an obstacle. However, the share to be applied to the method will be determined in this article the results will adhere to the principles.
5. the establishment of the Office by the attempted purchase of goods or merchandise on behalf of only and therefore no gain atfedilmeyecek.
6. for the purposes of the preceding paragraph, That a reasonable and valid, in contrast to earnings attributed to the Office unless you have a reason, will be determined in the same manner every year.
7. Gain, held separately in other articles of this agreement income elements also fall within the scope of the provisions of that article when this article from will not be affected.
Article 8 INTERNATIONAL TRAFFIC 1. A Âkit boat, plane or State enterprises of international traffic from a means of transport acquired land gains, only vergilendirilebilecektir in this State.
2. A Âkit of State enterprises, goods or merchandise in international traffic Enterprise for transportation of containers, in terms of the use of or rent has achieved gains from this use, maintenance or rental of ships or aircraft in international traffic management on the condition that needs to be done, depending on the availability of incidental way, only those Âkit will be taxed in the State. In other cases, the question will be considered in accordance with the provisions of article 7, the gains.
3. the provisions of paragraph 1, at the same time, a partnership, a joint enterprise or international agency affiliates operated thus obtained will be used for profit.
Article 9 CONNECTED UNDERTAKINGS 1. 1) attempted A Âkit State Âkit State enterprises, either directly or indirectly, the management, control or other capital joins the; or 2) the same persons, either directly or indirectly attempted a Âkit State Âkit State enterprises of management, control and other or joined to the capital, and either way, commercial or financial relations between the two undertakings formed or created conditions when it occurs between independent undertakings should one of these conditions is different, should be attempted in, but due to the circumstances, does not present itself, it can be added to earnings and accordingly taxable enterprise.
2. A Âkit vergilendirdiği on their own initiative and included in the earnings of State earnings, other Âkit vergilendirilen other State enterprises in the State and also contain the gain should be between two undertakings taking into consideration the circumstances, then the first-mentioned State as a result of calculations made in the case of earnings is determined, other Government that is in place to determine if it comes to that to gain the right to make necessary corrections in the amount of taxes received through. Any other provision of this agreement, when this correction eye will be kept and, when necessary, in front of the Âkit States competent authorities danışacaklardır to each other.
Article 10 DIVIDENDS 1. A company with a State resident of Âkit by other Âkit a resident of the State, that other State taxable dividends paid.
2. However, at the same time, dividend payout dividends in question the company is resident in the State, and that State according to the taxable mezvuatına Âkit; However, the real beneficiary is a resident of the State, other Âkit dividends, tax in this manner shall not exceed the following rates: 1) real beneficiary, paying dividends on the company's share capital directly the holding at least 25 percent of a company (partnership), 5 percent of the gross amount of the dividends;
2) in all other cases, the gross amount of the dividends 15 percent. This clause, from which dividend payment will not affect the company's earnings made in terms of taxation.
3. the term "dividends" is used in this article, will not gain from shares, or other rights to participate in the nature of income is a company engaged in the distribution of resident with the State according to legislation, taxation income from stocks in terms of seeing the same treatment other company with revenues generated from the right if according to the laws of the State Fund or partnership resident is treated as a dividend or distribution of investment fund and investment trust refers to the proceeds obtained from.
4. Other Âkit through a permanent establishment situated in the State commercial company gain a Âkit operating in the State, after tax 7 according to the article, the remaining part of the workplace through Âkit in the State, the employer, paragraph 2 of this article shall be taxed in accordance with 1.
5. A resident of the State is the real beneficiary of dividends Âkit, temettüyü is located in the State of the other company's resident who paid Âkit a business or commercial activity there through it located the other State through a fixed location there is found in self-employment activity and the aforementioned dividend achieved e event with this establishment or fixed depends on if it is a matter between is written in 1st and 2nd, the provisions will not apply. In this case, according to the provisions of article 7 or 14 will apply.
6.4, 3rd paragraph, without prejudice to the provisions, a company with a State resident of Âkit, other Âkit when you gain or income in the State, that other State dividend payment to one of its resident or of obtaining other State with dividends in a workplace or the presence of an active bond between hard place situations that, excluding any tax over dividends paid by the company. In the same way that other States, that the company distributed gains of over a distributed earnings tax. Distributed dividends or undistributed earnings in whole or in part, that the formation of the other State does not change the status of the resulting gain or income.
Article 11 INTEREST 1. A Âkit is a resident of the other State, and paid interest, Âkit State that other State, be taxed.
2. However, this interest, obtained according to the legislation of the State Âkit State and taxed; But if a resident of the other State's real beneficiary interest Âkit tax in this way interest shall not exceed 10 per cent of the gross amount of flour.
3. irrespective of the provisions of paragraph 2, interest arising in the State a Âkit;
the Government of the State, other political Âkit 1) subdivision or a local authority; or 2) other Âkit State Central Bank or National Bank by obtaining the actual beneficiary in this State as a tax write-off.
4. the term "interest" is used in this article, whether linked to or guarantee the mortgage borrower you know you recognize the right to participate in the earnings, suitable for all kinds of proceeds arising from receivable and in particular, public securities with proceeds from the bond or debt securities and debt securities, bonds or securities in question depending on their premiums and bonuses.
the interest is a resident of State a Âkit real beneficiary interest obtained through a permanent establishment situated in the State of the other Âkit there is found or other commercial activities located in the State through a fixed location there is found in self-employment activity and interest will get paid with this establishment or fixed depends on if an active between is written in 1st and 2nd, the provisions will not apply. In this case, according to the event, shall apply the provisions of article 7 or 14.
the interest paid by a resident of a Âkit State, that State shall be considered is obtained. However, a resident of the State where the interest payer, whether or not a Âkit a Âkit debt interest payment in the State will take in connection with the relationship why a business, or a fixed-place when and from where originates this establishment or fixed interest, the interest of the establishment or fixed place where the State obtained will be accepted.
7. the amount of interest paid Will, with beneficiaries, or between a payer and both with another person because of the relationship existing between private, in the absence of such a relationship between the payer and the beneficiary exceeds the amount of the actual process, the provisions of this article shall apply only to the most recent mentioned amount. In this case, and any other provision of this agreement the payment portion of the added, taking into account the State of the legislation will be taxed according to each Âkit.
Article 12 ROYALTIES 1. A Âkit is a resident of the other State, and Âkit State, that other State paid taxes on the royalties.
2. However, royalties in question were obtained in Âkit according to the legislation of the State and is taxable in the State; However, the real beneficiary of the royalties is a resident of the State, other Âkit in this way, the amount of tax will be 10 percent of the gross of the royalties shall not exceed the flour.
3. is used in this article, the term "royalties", cinema films including radio or television with the records for all kinds of literary, artistic or scientific kinds of copyright, patent, the distinguishable, pattern or model, plan, secret formula or the use of production methods or use the return for the right to use industrial, commercial or scientific equipment or, or use as industrial, commercial or scientific exchange or experience-based knowledge return refers to any payment made.
4. a resident of State A Âkit the actual beneficiary royalties, the price in question was obtained through a permanent establishment situated in the State of the other Âkit there is found or other commercial activities located in the State through a fixed place is found in self-employment activity there and paid the price with the rights or assets in question that is written in a fixed place of business, or if the active between depends on 1st and 2nd paragraph will not apply the provisions. In this case, according to the event, shall apply the provisions of article 7 or 14.
5. a resident of State A Âkit that the royalties paid by the State will be considered is obtained. However, a person paying the royalties, whether or not a resident of the State Âkit a Âkit causes the liability to pay the royalties the State in connection with a business, or have a fixed place and royalties from the establishment or fixed place originates from, the place where the establishment or of the royalties fixed will be considered where the State is obtained.
6. use, rights or the amount of the royalties paid in Exchange for the information, the actual beneficiaries, or between a payer and both with another person because of the relationship existing between private, in the absence of such a relationship between the payer and the beneficiary exceeds the amount of the actual process, the provisions of this article shall apply only to the most recent mentioned amount. In this case, and any other provision of this agreement the payment portion of the added, taking into account the State of the legislation will be taxed according to each Âkit.
Article 13 CAPITAL GAINS FROM the INCREASE in VALUE 1. A Âkit located in the State, other State resident Âkit and 6 from the disposal of real estate asset referred to in paragraph provided that other State taxable gains.
2. A Âkit other Âkit of the State-owned State enterprises of the workplace including securities assets or the presence of a commercial Âkit a resident of the other State to perform self-employment activities in the State Âkit uses fixed from the disposal of securities assets belong DeLeon gain, of this business (alone or with the whole enterprise) or fixed gain arising from the disposal of the place, including this other State, be taxed.
3. attempted A Âkit State by international traffic operated ships, planes or land transport vehicles, or in the case of ships, aircraft or land transport vehicles about the operation of securities gains from the disposal of assets, only in this State would be taxed.
4.1, 2 and 3rd paragraph outside of the assets specified in the provided earnings from the disposal, only the resident would be taxed in the State where Âkit be disposed of.
Article 14 the SELF-EMPLOYMENT ACTIVITIES 1. A resident of the State, a Âkit is a real person self-employed services or other activities of an independent nature, hence revenues would be taxed only in this State, however;
1) if that person, on the other Âkit can continuously the activities of the State Executive has a fixed place, in this case, only that this is attributable to the fixed place other Âkit taxes in the State; or 2) If this person, other suppliers in the State starting in the fiscal year or Âkit any twelve-month period ending in one or several times as far as I'm concerned, a total of 183 days or more in this case, only the activities exercised in the other Âkit State revenues that other State, be taxed.
2. the term "professional services", especially independent scientific, literary, artistic, executed as educational or tutorial activities, as well as doctors, lawyers, engineers, architects, dentists and accountants, independent of the scope of their activities.
Article 15 DEPENDENT ACTIVITIES 1. 16, 18, 19, 20 and 21, without prejudice to the provisions, a resident of the State service a Âkit therefore, salary, and other similar free income obtained, unless other means this service Âkit State, only in this State would be taxed. Service means other State, be taxed in the other State that revenues generated from here.
2. irrespective of the provisions of paragraph 1, a resident of the other State a Âkit Âkit a service therefore was the State income, if: 1) who generate revenue, other suppliers in the State fiscal year beginning in any twelve-month period ending or one or more of the total does not exceed 183 days at a time, as far as I'm concerned, and to other non-residents of the State, pay a 2), the employer is doing on behalf of your employer, or , and 3 other State owned the employer) in their offices or not caused by the hard place, would be taxed only the first mentioned State.
3. the provisions of this article, regardless of the previous attempt at a Âkit State by a ship, aircraft or land operated for international traffic through a transfer statement in the revenue service hence taxed in this State.
4. the provisions of this article, regardless of the previous State resident income, a Âkit when it comes to income, 3rd paragraph of article 5 in accordance with the provisions of other Âkit creating a workplace in the State building construction site, construction or building project means that other State in connection with the payment of a service and therefore would be taxed only in that State.
Article 16 WE'RE SHUTTING DOWN a resident of the State, A Âkit other PAYMENTS MADE to Âkit is a resident of the State is a member of the Board of Directors of the company acquired pay and other similar payments, that other State, be taxed.
Article 17 ARTISTS and SPORTSMEN
1. irrespective of the provisions of articles 14 and 15, is a resident of a Âkit State Theatre, film, radio or television artist, or a musician, or as an artist, an athlete had personal activities exercised in the other Âkit State hence revenues, these other Âkit taxes in the State.
2. An artist or athlete that comes from personal activities exercised, not the artist or sportsman himself is headed to another, comes in question 7, 14 and 15 of the provisions of articles accepted, depending on the artist or the athlete has been taxed in the State in the activities of Executive Âkit.
3. the provisions of paragraphs 1 and 2 of a Âkit State resident, regardless of whether an artist or athlete exercised his personal income from other activities in question, Âkit State, both Âkit State approved within the framework of cultural or sports Exchange program, the Executive would be taxed only if it is in this State.
Article 18 PENSIONS and RECURRING PAYMENTS 1. 7, clause 2 of the article, without prejudice to the provisions on the work of a Âkit State resident of past pensions paid and other similar payments regularly provided with a lifetime income would be taxed only in this State.
2. the term "Regular payment" money or money in Exchange for measurable benefits with full and adequate payment depending on the lifetime of the obligation or not in specific or can be determined for some time, at certain times, the total amount to be paid on a regular basis.
Article 19 PUBLIC SERVICE 1. 1 Âkit of the State itself, political) subsection or a local Government to a natural person, the State in Exchange for services provided by this subchapter, or paid by the Administration and outside the pension fees, salaries and other similar payments would be taxed only in this State.
2) However, when other means Âkit State service and real people is a resident of that State, the wages, salaries and other similar payments would be taxed only in that other State. However, this person must be a citizen of this State:-; or-only service to a resident of this State to be passed to the State.
2.1) A Âkit State itself, a political subdivision or a local authority or by the State, the funds created this section, or a real person in return for the services made the Administration paid pensions would be taxed only in that State.
2) However, a resident of the State and other Âkit of the natural person who is a citizen of, the aforementioned pension will be taxed only in that other State, Âkit.
3. A Âkit State itself, a political subdivision or a local authority in Exchange for commercial activities conducted by linked services, free salary and other similar payments made with pensions 15, 16, 17 and 18 shall apply the provisions of articles.
Article 20 STUDENTS 1. During a visit to a Âkit State or immediately before the first mentioned State to a resident of the State with other Âkit and only for the purposes of study or vocational training a student or trainee, livelihoods, education or vocational training for the costs of payments from sources other than this State, this State will not tax it.
2. Grants, scholarships and work not covered in 1 obtained from payments mentioned in paragraph 1, with respect to a student or trainee also learning or vocational training during their visit to the Âkit State resident the same exemption for the tax, will qualify for exclusion or interested in a discount.
Article 21 PROFESSORS and RESEARCHERS 1. A Âkit State College, a University, school, Government or educational institutions teaching or other generally accepted research visiting and this visit at or immediately before the other Âkit is a real person, a resident of the State that the State in question from the date of the first visit for that purpose does not exceed over a period of two years, in Exchange for teaching or research question of this State from sources other than the first mentioned State tax revenues will be no exception.
2. it's not for the benefit of the public, particularly as to the interests of the person or persons income in Exchange for research conducted in this subsection will not apply the provisions of article 1.
Article 22 OTHER INCOME 1. A resident of State a Âkit, no matter where he is, this agreement comes elements not specified in previous articles, only this would be taxed in the State.
2. in paragraph 2 of article 6 of defined revenue from real estate assets, excluding a beneficiary of income in question, which is a resident of the State of Âkit, located in the State through a permanent establishment of the other Âkit there are other commercial activities or located through a fixed place in the Government there paid self-employment activities, and income with this business entity or rights or fixed depends on if there is an active between is written , that the provisions of paragraph 1 shall not apply to income. In this case, according to the provisions of article 7 or 14 will apply.
Article 23 FORTUNE 1. A resident of State a Âkit article 6 consists of real estate asset and other mentioned in the wealth of the State, that other State taxable Âkit.
2. A Âkit State Âkit State-owned enterprises, other workplace is actively involved in the securities being a resident of the other State or of a Âkit Âkit can use the self-employment activity in the State to perform a fixed place belongs to the estate being taxed, wealth consisting of such other State.
3. A Âkit State teşebbüsünce international traffic operated ships, aircraft or land transportation vehicles with ships, aircraft or land transport vehicles related to the operation of securities of the entity will be taxed only if State composed of fortune.
4. a resident of the other State A Âkit all the wealth would be taxed only elements of this State.
PREVENTION of DOUBLE TAXATION article 24 1. A Âkit State in accordance with the provisions of this agreement, a resident of Âkit State when a vergilendirilebilen other income or wealth, the first mentioned State;
-This comes from taxes, which hit other mukimin State pays an amount equal to the income tax, wealth tax that hit this mukimin, equal to the tax paid in the other State wealth will allow it to offset an amount.
However, offsetting in question, in both cases, the other vergilendirilebilen in the State, as the case may be attributable to income or wealth, offset the amount of income or wealth tax computed before will not exceed.
2. in accordance with the provisions of this agreement, income derived by a resident of the State Âkit or this State's tax-free wealth owned is held, this State, this remaining income or wealth of mukimin tax revenue that is exempted when calculating or wealth can take into account.
Article 25 the DISTINCTION NOT MADE 1. Citizens of the State, a Âkit other Âkit State, this is the same conditions other State citizens, especially in terms of identity, can remain on the taxation faced by or from, different from and, or subject to the obligation depend more heavily on vergilemeye or they will not be kept. This provision, regardless of the provisions of article 1, Âkit States of one or both will also be applied to non-residents.
2. the 4th paragraph of article 10, without prejudice to the provisions of a Âkit State Âkit State-owned enterprises of other workplace, carrying out the same activities this other State, other State enterprises faced with a taxation less won't lehe.
3. subsection 1 of article 9, paragraph 7 of article 11, or paragraph 6 of article 12, the provisions of when to apply, excluding a Âkit State teşebbüsünce other Âkit paid a resident of the State, interest, royalties and other payments, in determining taxable profits of that enterprise, the aforementioned payments under the same conditions as a resident of the first-mentioned State, your deductible could be made. Likewise, a Âkit, a resident of the other State enterprises of the debts of the State Âkit, in determining the taxable fortune of this enterprise, a resident of the first-mentioned State in the same circumstances in which a contract with your deductible could be like.
4. A Âkit State, a resident of the State by one or more other Âkit by, in whole or in part, directly or indirectly, wholly owned or controlled enterprises, first mentioned in the State capital, because they were subject to other similar enterprises or of this State would be taxation and depends from different or more severe vergilemeye or becomes subject to tax liabilities connected to it.
5. The provisions of this article, a personal or familial status of their resident State Âkit due to personal deductions, tax and base discount apply to the other Âkit is required to implement the State's resident portfolios will understand.
6. The provisions of this article, shall apply to the taxes mentioned in article 2.
Article 26 MUTUAL AGREEMENT PROCEDURE
1. A person, Âkit, from the operations of one or both of the provisions for which this Agreement has created or will create an inappropriate taxation have to when the States are projected to apply domestic legislation procedure is a resident of the event without the attached with the competent authority of the State or State Âkit article 25 paragraph 1 of the present article is appropriate to the competent authorities of the State of Âkit falls, citizens can supply. The provisions of the agreement apply in question contradicts the first notification of the action resulting in taxation of one in three years.
2. the competent authority in question finds a satisfactory solution itself justified objection is not contrary to this agreement be reached a vergilemeyi in order to avoid the effort of mutual agreement with the competent authority of the State to the other Âkit will. Âkit States that every issue agreed, subject to the time limitation shall apply accepted and domestic legislation.
3. Âkit States competent authorities, the agreement of all kinds of difficulties resulting from the implementation or by comment or reluctance from the effort to solve by mutual agreement. Authorities at the same time, not addressed in the agreement resulting from the Elimination of double taxation, for which they can consult each other.
4. Âkit States ' competent authorities, specified in the preceding paragraph matters to reach an agreement with each other, a Commission consisting of themselves or their representatives, including can communicate directly.
Article 27 EXCHANGE of INFORMATION 1. Âkit States ' competent authorities, which is necessary for execution of the terms of this agreement or discord with the Agreement unless the agreement fall within the scope of the provisions of domestic legislation about taxes is required for the execution of the operational information subject to change. Exchange of information is not restricted by article 1. Any information received by a Âkit State, within the framework of their internal legislation of the State, such as information obtained will be kept confidential and only those incurred or debited of taxes as set forth in the agreement or compulsory execution or punishment and this user and/or complaint and objection jurisdiction to persons or authorities (including judicial authorities and administrative organizations) verilebilecektir. That person or authority to disclose such information only in accordance with these purposes. That person or authority that information in court proceedings or judicial decisions can announce when importing.
2. the provisions of paragraph 1, a State of Âkit for no reason: 1) by itself or other Âkit will comply with State regulations or administrative practice administrative measures;
2 Âkit State legislation or normal) or other administrative operations that can not be achieved within the framework of the information;
3) secret of any commercial, industrial, professional or commercial process makes information or public aleniyeti public order contradicts information;
under obligation to be interpreted in a way.
Article 28 DİPLOMAT HÜVİYETİNDEKİ OFFICERS and CONSULAR OFFICERS of these treaty provisions, hüviyetindeki officers or diplomats, consular officers general rules of international law or under the provisions of the special agreement shall not affect the fiscal privileges enjoyed.
Article 29 ENTERING into FORCE 1. Âkit States, in its internal legislation for entry into force of this agreement in diplomatic channels the completion of the prescribed process, they will notify each other in writing.
2. This agreement will enter into force on the date of the latter of these declarations, and the provisions concerning revenue taxes in terms of taxes for the owned fortune, year of entry into force of the agreement, which followed the first day of January of the calendar year beginning on or after the period of each fiscal year or taxation provisions for.
Article 30 WITHDRAWN UP this agreement will remain in effect until it is terminated in a Âkit by the State. Âkit entry into force of the agreement, each of Us, a five-year term from the date in any calendar year after the expiration of at least six months before the diplomatic channels may terminate the agreement by giving advice of termination. In this case the agreement concerning income from taxes in terms of taxes for the owned with fortune, followed by the year of termination notice is given of the calendar year beginning on or after the first day of January of each financial year or taxation shall for the period.
THESE CONSIDERATIONS WARRANT, the undersigned have signed this agreement, delegates full authority.
In the event that two copies of the original Turkish, Serbian and English languages, both equally authentic, the original text, is organized in Belgrade, October 12, 2005. In case of differences in interpretation the English text shall prevail.
On BEHALF of the GOVERNMENT of SERBIA and MONTENEGRO, the REPUBLIC of TURKEY on BEHALF of the COUNCIL of MINISTERS (signature) (signature)
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