Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5515.html
Law No. 5515 Date: 1/6/2006 article 1-11 was signed in Lisbon in May 2005, "Turkey Republic Republic of Portugal with double taxation and taxes on Income between the Tax Treaty and Attachment to stop Trafficking Protocol" 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.
AMONG the PORTUGUESE REPUBLIC with the REPUBLIC of TURKEY, DOUBLE TAXATION and TAXES on INCOME TAX TREATY with the REPUBLIC of TURKEY to STOP TRAFFICKING of PORTUGUESE REPUBLIC prevents double taxation of income obtained through taxes and tax FOLLOWING a Deal that prevent trafficking at the request to make the FIGURE AGREED: the FIRST PART of the agreement CONTAINED in the SCOPE of the AGREEMENT article 1 PERSONS Âkit From people who are residents of one or both of the apply.
Article 2 TAXES COVERED 1. This agreement, regardless of how it is taken, a Âkit State, political or administrative subdivisions or local Government on behalf of its income obtained through taxes will be applied.
2. Securities gains arising from the transfer of assets or real estate tax and the total amount of wages or salary paid by the undertakings obtained through taxes and an increase in capital value tax applied to total revenue or income, including all taxes, income obtained through elements taken from the taxes will be considered.
3. The agreement will be applied to the currently applicable taxes in particular: a) Portugal in terms of: I) the personal income tax (Imposto sobre o Rendimento das Pessoas Singulares-IRS);
II) corporate income tax (Imposto sobre o Rendimento das Pessoas Colectivas-IRS);
III additional tax corporate income tax is obtained through the scene) (Derrema);
(From now on referred to as "Portugal tax").
b) Turkey in terms of: I) the income tax;
II) the corporation tax;
III) income tax and corporate tax share of funds obtained through;
(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 and received the same quality of existing taxes or significantly similar to them will also be applied to taxes. Âkit States ' competent authorities, tax legislation will notify each other of important changes in.
The SECOND PART IDENTIFIES the article 3 GENERAL DEFINITIONS 1. For the purposes of this agreement, unless the text otherwise predict: a) the term "Portugal" Portugal's territory, territorial waters, as well as in accordance with international law of the Republic of Portugal's natural resources exploration, operation and in order to protect the rights of jurisdiction or sovereignty refers to the sea area in which it is used;
b) "Turkey" refers to Turkey's territory, territorial waters, as well as Turkey's 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;
c) "Âkit" and "other State Âkit State" terms, to the requirements of the text, Portugal or Turkey;
d the term "person" is a real person), a company and any other body of persons;
e) "Company" refers to any institution or as treated in terms of taxation means that any organization;
f) "attempted A Âkit State Âkit State attempt" and "other" terms respectively, a resident of the State-run enterprises and a Âkit other Âkit operated by a resident of the State, an undertaking means;
g the term "international traffic"), performed within the boundaries of the State Âkit only other ship, aircraft or land transport by means of excluding a Âkit State by boat, plane or land through all kinds of transport have been made transport refers to;
h the term "competent authorities"): (I) the Minister of Finance, Taxation in Portugal: General Manager (Director Geral dos Impostos) or their authorised representative;
(ii) the Minister of finance or his authorized representative in Turkey:;
n.) "Citizen" refers to: (I) a is any real people have the citizenship of the State Âkit;
(ii) according to the legislation in force in the State on a Âkit status in partnership or Association of any entity, the winner.
2. The agreement at any time by the State of a Âkit in relation to the implementation of any terms that are not defined here, the text of the agreement is to be applied, unless you anticipate otherwise for the purposes of the tax, at the time, this has meant that the State legislation and in the applicable state tax mezvuat this State meaning based in other legislation that the advantages will carry the meaning given the term.
Article 4 RESIDENT 1. For the purposes of this agreement, the term "resident of a Âkit State", this State, any political or administrative subdivision or local authority, including, in accordance with the legislation of the State House, residence, place of management or any similar structure in the main centres, legal or any other criterion means that the taxpayer is there because of the people. However, this term does not come from Government sources only due to that taxable does not cover any person held.
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: a) this person, only permanent residents of the State where a House can remain will be accepted. If this 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);
b) 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 Âkit pieces to remain a resident of the State where the House will be accepted;
c) If the person has acquired the pieces to be both Âkit and in the State House, or both, that's the kind of House in the State is not in question, that person will be considered a resident of the State, it is only the citizens;
d) 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 of the present article therefore is a resident of the State in both Âkit, that person is enabled only if a resident of the State where the management of Âkit will be accepted. However, this cannot be determined, the place of effective management of the person Âkit for the purposes of this agreement, the competent authority of the States, this person will be regarded as a resident of the State in which the premises 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: a) management;
e) Workshop, and f) mining, oil or gas well, a quarry or any other place where natural resources.
3. a period exceeding nine months an ongoing construction site, construction, installation or Setup project creates a workplace surveillance activities or related to them.
4. the provisions of This article is connected with the earlier accepted the term "establishment" shall be deemed not covered by the following points: a) belonging to the same Enterprise, Enterprise goods or commercial goods for the purpose of storage, display or delivery only;
b) stocks of goods or merchandise belonging to the Enterprise solely for the purpose of storage, display or delivery kept getting;
c stocks of goods or merchandise belonging to the Enterprise), only for the purpose of processing by another enterprise kept getting;
d only a fixed place for Enterprise Work) goods or merchandise purchase or information gathering purposes, kept getting;
for a fixed place for undertaking Work e) can only be preliminary or auxiliary character, for the purpose of conducting any other business kept getting;
a fixed place for Work, f) only (a) to (e), a few of the activities mentioned in paragraphs on kept getting to execute a combination; but all these activities together fixed locations for work carrying out preparatory or auxiliary activity that occurs as a result of it is a must to be qualified.
5. the provisions of paragraphs 1 and 2 of accepted and connected with a person-independent nature of clause 6 will apply except for an agency-a Âkit State, on behalf of the State attempt an other Âkit moves, first with the following enterprise mentioned shall be deemed to have a permanent establishment in the State Âkit:
a) if that person, he has the authority to contract on behalf of attempted akdetme in the State and authority ordinarily, the person's activities relating to the work specified in the 4th and if a fixed place relative to the provision of this paragraph this location into the workplace unless the activities that the existence of the Office will be accepted.
b) If this person, although such an authority, on behalf of or goods that shipped regularly attempted commercial goods from the first-mentioned State if in possession of goods or commercial goods stock muta and the sale of goods or merchandise in any activities that will contribute to the existence of the Office will be accepted.
6. An undertaking, a Âkit State, normally only work their jobs is an ongoing General Commission agent, broker or other independent status to play through any agents that have 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.
The THIRD PART the TAXATION of INCOME article 6 INCOME FROM REAL ESTATE ENTITIES 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, 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, execution will also be applied to income from.
Article 7 BUSINESS PROFITS 1. A ÂkitDevlet attempted attempted to question other earnings Âkit located in the State through a permanent establishment unless commercial activities there, only in this State would be taxed. If the aforementioned attempted way commercial activities if the property is not found, the gain attributable to the Office only same as other State limited to the amount that is taxable.
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 conditions located in the same or similar activities, if it was a 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. in the name of A workplace, this Office only goods or commercial goods by the attempted purchase and therefore no gain atfedilmeyecek.
5. 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 SHIPPING, AIR and LAND TRANSPORT 1. A Âkit boat, plane or State enterprises of international traffic from a means of transport acquired land gains would be taxed only in this State.
2. the provisions of paragraph 1, at the same time, a partnership, a joint enterprise or agency affiliates international activities thus obtained will be used for profit.
Article 9 DEPENDENT UNDERTAKINGS 1. Âkit a) a State initiative, either directly or indirectly, the management, control or attempt other Âkit State capital joined to, or b) the same persons, either directly or indirectly attempted a Âkit State Âkit State enterprises of management, control and other, or capital, and either way, commercial or financial relations between the two undertakings formed or created conditions when it occurs between independent undertakings when required conditions different should be, but due to the circumstances that created or composed of one of the attempted earning, which 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 of the State includes earnings and at the same time when the first mentioned State gain should be between two independent undertakings, taking into consideration the circumstances subsequently determined as a result of the first-mentioned State if the earnings calculations, setting in place the other State if it comes to this question wins 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 comes to the enterprise is a resident and according to the legislation of this State Âkit State and taxed; However, the dividend is a resident of the State, the real beneficiary other Âkit, in this way, tax shall not exceed the following rates: a) the real beneficiary, paying dividends on the company's share capital (capital social) directly at least 25 percent, dividend payout from the previous two-year period without interruption, if paying dividends company is less than two years if there's this company throughout the duration of a holding company (partnership) is the gross amount of the dividends ", 5 percent; or b) in all other cases, the gross amount of the dividends 15 percent.
Âkit States ' competent authorities, these limitations will determine by mutual agreement the application method. This clause, from which the dividend payment will not affect the company's earnings made in terms of taxation.
3. the term "dividends" is used in this article, the redeemed promissory notes or stocks, usufruct rights, founder shares will not profit from 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 comes from its right.
4. Other Âkit through a permanent establishment located there in the State commercial company gain a Âkit operating State, after tax 7 according to the article, the remaining part of the workplace through Âkit according to the provisions of the domestic legislation of the State and the State to be taxed, however, in this way, the remaining part shall not exceed 5 percent tax.
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 through it located the other State through a fixed place in self-employment activity is found and the aforementioned dividend achieved e event 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 provisions of article 7 or 14 will apply.
6. This article is without prejudice to the provisions of the 4th paragraph, a company with A State resident of Âkit, other Âkit when you gain or income in the State, that other State, any dividends paid by this company tax. This exception to the General, the aforementioned dividend to be paid to one of these other State resident of or located in the State with this other event dividend obtained a e or the discovery of an active bond between the hard place. 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; However, if a resident of the other State's real beneficiary interest Âkit tax in this manner shall not exceed the following rates: (a) exceeds the amount of time the interest paid over a two-year borrowings, 10% of the gross amount of the interest;
(b) in all other cases interest gross amount is 15 percent.
3. irrespective of the provisions of paragraph 2: (a) in respect of the interest of the Turkish Central Bank, born in Portugal, Portugal will be exempted from taxes;
(b) the Central Bank of Portugal, who was born in Turkey in terms of interest, shall be exempt from Turkish tax;
(c) the Government of one of the Âkit States political or administrative subdivisions or local authorities, other Âkit born in the State in terms of interest, this will be exposed to other State tax exempt.
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 bonds or debt securities case with revenues generated from securities, bonds or debt securities based on 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 provisions of article 7 or 14 will apply.
the interest paid by a resident of a Âkit State, that State shall be considered is obtained. However, a resident of the State, a person pays interest, Âkit, whether or not it's going to take a debt interest payment in the State Âkit why a business, or a connection with constant relationship over 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 be determined, 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 according to the legislation of the State Âkit State and also to be taxed; However, the real beneficiary of the royalties is a resident of the State, other Âkit in this way, the amount of tax to be the royalties shall not exceed 10 percent of the gross.
3. is used in this article, the term "royalties", with radio and television movies used in the films and tapes of literary, artistic or scientific, including all kinds of copyright, patent, the distinguishable, pattern or model, plan, secret formula or the use of production methods or use Exchange or industrial, commercial or scientific right to experience-based knowledge return or industrial use of commercial or scientific equipment or any payment in Exchange for the right to use.
4. a resident of A Âkit State 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 provisions of article 7 or 14 will apply.
5. paid by a resident of A Âkit State royalties will be accepted that the State is obtained. However, a person paying the royalties, whether or not a resident of the State Âkit, a Âkit causes the rights to pay the royalties the State or entity having a connection with a business, or when hard and royalties from where originates this establishment or fixed, the royalties in question, and State the establishment or fixed place obtained will be accepted.
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 Âkit State uses to perform hard self-employment activity belong securities gains from the disposal of assets, the establishment (alone or with the whole enterprise) or fixed gain arising from the disposal of the place, including this other State, be taxed.
3. A Âkit State teşebbüsünce, 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 vergilendirilebilecektir in this State.
4. paragraphs 1, 2 and 3rd outside of specified in the gains from the disposal of assets, is the only hand out resident would be taxed in the State Âkit.
5. the provisions of a Âkit State, ranked fourth, the other a resident of the first-mentioned State, a State Âkit, is based on a company that is a resident of the capital accounts for more than 25 percent of the shares representing the subsidiary disposal will not affect the right of taxation provided by gains from, however, is a resident of the first-mentioned State, the sale in question and to make the acquisitions do not exceed a length of time between the year of disposal.
Article 14 the SELF-EMPLOYMENT ACTIVITIES 1. A resident of State a Âkit Freelancer services or other activities of an independent nature, hence revenues would be taxed only in this State. However, the service in question or is this other State enforcement activities and if: a) this person, that the service in question or other State activities can use all the time in order to have a fixed place; or b) this person, those services or activities that other State to perform in any 12-month period without interruption, a total of 183 days in one or several times or more as far as I'm concerned, comes in question for a while at the same time that the other Âkit also taxable in the State.
In such cases, according to the event, the only other State where attributable to fixed or only those in the current period revenue service or activities, that Other State, be taxed.
2. services of A Âkit State enterprises of self-employed or similar other activities and therefore revenues, only vergilendirilebilecektir in this State. However, the service in question or is this other State enforcement activities and if: a) this attempt, the service in question or the activities of these other State Executive has a workplace; or b has been expression period or periods of service), in any 12-month period without interruption total 183 day comes at the same time that other question if it exceeds the Âkit and taxable in the State.
In such cases, according to, only that the establishment or such other State Executive service or other State taxable income, attributable to the activities. This attempt, in both cases, the other State that income attributable to income of an enterprise in the workplace, this other State, according to the provisions of article 7 of this agreement can choose taxed. This selection, other State shall not affect the right to tax income comes through tevkifatı.
3. the term "self-employed activities", especially independent scientific, literary, artistic, executed as educational or tutorial activities, as well as doctors, lawyers, engineers, architects, dentists and accountants, independent of other activities requiring specific professional skills with activities gets covered.
Article 15 DEPENDENT ACTIVITIES
1.16, 18, 19, 20 and 21, without prejudice to the provisions of articles, a resident of the State service a Âkit therefore, salary, and other similar free income obtained, this service unless other means in the State Âkit, only vergilendirilebilecektir in this State. 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: a the person who obtained Income, other State-related) calendar 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 State b) payment, an employer is made on behalf of your employer, or by the , and c) payment, the employer's establishment or other State owned fixed sights made from only the first-mentioned State, vergilendirilebilecektir.
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, therefore, be taxed in this State.
Article 16 WE'RE SHUTTING DOWN a resident of the State, other PAYMENTS Âkit Âkit A resident of the State is a member of the Supervisory Board or the management of the company or other similar activities in this company is a member of any organ has achieved due to wages and other payments similar to that other State, be taxed.
Article 17 ARTISTS and ATHLETES 1. regardless of the provisions of article 14 and 15, is a resident of a Âkit State Theatre, film, radio or television artist, or a musician, an artist, like an athlete had personal activities exercised in the State hence other Âkit income taxes on this other State.
2. An artist or athlete that comes from personal activities exercised, not the artist or sportsman himself another head, this income 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. An artist or athlete exercised his activity in the State a Âkit income, this state visit is wholly or substantially in question made the other Âkit of the State, political or administrative section to be borne by public funds of the local Government of or, this will be no exception from taxes in the State.
Article 18, clause 2 of article 19, PENSIONS, without prejudice to the provisions on the work of a Âkit State resident of past pensions paid and other similar payments, only vergilendirilebilecektir in this State. This provision at the same time, a Âkit State will also be applied to regular payments provided to the resident.
Article 19 PUBLIC TASKS 1. a Âkit of the State itself, political) or subsection, or the administrative local government services provided by a real person for this State, provided by the Administration and the lower section or outside pension fees, salary and other similar payments, only vergilendirilebilecektir in this State.
b) However, when other means Âkit State service and real people is a resident of that State, the wages, salaries and other similar payments only this other State vergilendirilebilecektir. However this person: I) the State citizen; or ii) is only a resident of the State for this service to the State in order to be passed.
2. a) a Âkit State itself, political or administrative subdivision or local authority by or created that State funds, in Exchange for the lower section, or a real person made the administration services pensions paid only vergilendirilebilecektir in this State;
b) However, a resident of the State and other Âkit of the natural person who is a citizen of, the aforementioned pension vergilendirilebilecektir other Âkit only that State.
3. A Âkit State itself, a political or administrative subdivision or 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 PROFESSORS and RESEARCHERS is a Âkit State, a College, high school, the school or the State Government that have been identified as other similar profit earnings goal of educational or scientific research institution teaching or scientific research purposes or in accordance with an official cultural exchange visitors and this visit at or immediately before the other Âkit is a real person, a resident of the State, this State does not exceed two years from the date of first visit, for a period of in Exchange for that teaching or research income, this will be no exception from taxes in the State.
Article 21 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 intern, livelihoods, education or vocational training for the costs of payments from sources other than this State, this State will not tax it.
2. during a visit to A Âkit State or immediately before the first mentioned State to a resident of the State of Âkit and other learning or profession-related application habits for a chance to win, to be less than 183 days in a calendar year within the periods of time, or a student or intern who has achieved expression of service fees will not be tax that other State.
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 vergilendirilebilecektir in this State.
2. in paragraph 2 of article 6 of defined revenue from real estate assets, excluding a Âkit State is a resident of the other aforementioned income through a permanent establishment situated in the State Âkit commercial activities or through other State a fixed location located in self-employment activity is found and paid for rights or entity and the revenue that is written in a fixed place depends on active between workplace or is , 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.
The FOURTH PART in the PREVENTION of DOUBLE TAXATION article 23 the PREVENTION of DOUBLE TAXATION 1. Portugal in terms of double taxation will be avoided in the following manner: a) is a resident of Portugal, in accordance with the provisions of this agreement, Turkey vergilendirilebilen in earning an income, Portugal will pay over tax revenue, this mukimin pays an equal amount offset taxable income in Turkey will allow you to.
However, the aforementioned offset, offset vergilendirilebilen in income attributed to Portugal, shall not exceed the amount of the calculated before income tax.
b) if any provision of this agreement when A Portugal resident in accordance with the income tax in this State in the event of an exception, Portugal, it calculates the remaining mukimin's income tax for the income it may take into account the exception.
c) regardless of the provisions of (a) a company which is a resident of Portugal, (partnership), a resident of Turkey and Turkey not exempt from corporate tax on a dividend from the company achieved, Portugal, Portugal is a resident of the company's dividend payout from the previous two-year period without interruption, if paying dividends company is less than two years, have this company paying dividends throughout the duration of the company's capital, directly in the hands of at least 25 percent is kept This company tax included in the download will let this go down 95 percent of the dividends.
2. Turkey in terms of double taxation will be avoided in the following manner: a Turkish tax paid in taxes from outside Turkey) offset allowing the Turkish legislation, without prejudice to the provisions, a resident of Portugal to a Turkey-induced income (including profit and taxable income) Consequently, in accordance with this agreement and will be paid in accordance with the tax legislation of Portugal Portugal, this income will be paid through the Turkish tax offset will be allowed to. However, this income attributable to offset offset in question, calculated before the Turkish tax shall not exceed the amount of.
b) if any provision of this agreement when A Turkey resident in accordance with the income tax in Turkey in the event of an exception, Turkey, this remaining income when calculating the tax for mukimin, take into account the income exception.
The FIFTH PART FAILURE to DIFFERENTIATE SPECIAL PROVISIONS article 24 1. Citizens of the State, a Âkit other Âkit State, that other State's citizens can remain the same conditions faced by or from, specifically from taxation and that identity, or in terms of a more severe becomes subject to the obligation that relies on or vergilemeye. 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.
2. subsection 1 of article 9, paragraph 7 of article 11, or paragraph 6 of article 12, the provisions of a State to apply, a resident of the other State Âkit State Âkit teşebbüsünce paid 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.
4. A Âkit State, a resident of the State one or a few 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. This provision, a personal or familial status of their resident State Âkit due to personal deductions, tax and base apply discounts also have other Âkit State resident is understanding the application.
6. The provisions of this article, this Agreement shall apply to the afore mentioned dates, tax.
Article 25 MUTUAL AGREEMENT PROCEDURE 1. Âkit States a person, one or both of the provisions of this agreement to the process itself that does not create a taxation created or have to, this depends on the application procedures prescribed in the domestic legislation of States, without the event, is a resident of the State of the competent authority of the State of Âkit or according to paragraph 1 of article 24, the competent authority of the State is a citizen of Âkit arzedebilir. 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, objection, along with finding a satisfactory solution itself right if he couldn't reach a deal in order to avoid the falling in reverse vergilemeyi the event, with the competent authority of the State of other Âkit by mutual agreement will make an effort to solve. Every issue agreed, subject to the time limitations in their domestic legislation Âkit States accepted and will be applied.
3. Âkit States competent authorities, the agreement of all kinds of difficulties resulting from the implementation or by comment or reluctance from the efforts to solve the mutual agreement.
4. Âkit States ' competent authorities, specified in the preceding paragraph matters to reach a deal with each other directly or a joint Commission consisting of themselves or delegate can communicate through.
Article 26 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 dealing with taxes lerininyürütülmesi subject to change the information that is required for a seat. 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, in no way a Âkit State: a State's legislation or Âkit or other) administrative administrative measures to comply with the application;
b) by itself or other Âkit within the framework of the State legislation or normal administrative operations can not be obtained information;
c) secret of any commercial, industrial, professional or commercial operation making information public or is contrary to public order aleniyeti falling under the obligation to provide information cannot be interpreted in such a way.
Article 27 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.
ENTERING into FORCE of the SIXTH EPISODE of the FINAL PROVISIONS article 28 1. Âkit entry into force of this agreement, each of Us, in their own internal legislation for the completion of another projected operation. This agreement, it shall enter into force on the date of the notification of the last one.
2. the provisions of this agreement: a) is withheld at source in Portugal: (I) taxes, year of entry into force of this agreement following the first day of January of the year occurring on or after taxes;
(ii) other taxes in the year following the entry into force of this agreement in terms of the year starting on or after the first day of January in any fiscal year in the resulting revenues to b) date of entry into force of this agreement in Turkey: follows beginning on or after the first day of January with subsequent taxation period the period of taxation relating to taxes;
Article 29 DON'T WITHDRAWN 1. 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 of expiry of the later of the end of any calendar year of at least six months before the diplomatic channels may terminate the agreement by giving advice of termination.
2. In this case the deal: a) in Portugal: (I) the tax withheld at source from the date of termination specified in the notice in question, followed by the first day of January of the year occurring on or after taxes;
(ii) other taxes, such notice of termination date specified in the first day of January of the year following or later for the resulting revenue fiscal year beginning b) notice of termination in question in Turkey: history of specified in the following year starting on or after the first day of January of each in terms of taxes for the period of taxation;
provision will not express.
THESE CONSIDERATIONS WARRANT, the undersigned have signed this agreement, delegates full authority.
Thomas, Portugal and English languages, all texts are equally valid, May 11, 2005, organized in Lisbon. In case of differences in interpretation of the agreement or the English text shall prevail.
On BEHALF of the REPUBLIC OF PORTUGAL on BEHALF of the REPUBLIC of TURKEY Ali TUYGAN Luis Campos e CUNHA, Undersecretary of the Ministry of Foreign Affairs of State and Finance Minister Comes between the Republic of Portugal with the Republic of Turkey of the PROTOCOL taxes on double taxation prevention Accord signed day to stop Trafficking and Tax, signing parties, the following additional provisions are an integral part of the agreement, agreed.
with regard to Additional Item 6 of article 6 of the provisions mentioned in this article, the joint estate (personal) with revenues from real estate assets (property) of revenue from maintenance or interested in areas such as the activities will be applied.
the 8th Item Additional for the purposes of paragraph 2 of article 8, the provisions of this paragraph, a State resident a Âkit company, a unity in a consortium or similar structure, such consortia or unprofessional conduct in Exchange for shares acquired have been considered covered by earnings.
10th the 3rd paragraph of article 10, Additional Item in relation to, the term "dividends", attributed to the gain in terms of participation regulations of Portugal gains; Turkey, in terms of investment fund and investment trust has been considered to be covered by the income obtained from de.
12th the 3rd paragraph of Additional Item for the purposes of article 12, the term "royalties" in relation to these rights or arising from the use of the resulting profits of the entity, the entity's rights or efficiency, depending on the use or savings from the disposal has been considered to be covered by the supplied gains too.
14th the 2nd article 14 paragraph Addition to the article in relation to other State enterprises, a Âkit Âkit according to the provisions of article 7 of this agreement the State taxed if choose to, such income received through these other State through withholding tax, article 7 of this agreement in accordance with the provisions of the income tax is computed over.
25 code Appendix
2nd paragraph of article 25, as a result of mutual agreement, the taxpayer, for the tax administration to be notified to it by the result of mutual agreement in question after the check-in in the time prescribed by domestic legislation arising from want in that you have to.
THESE CONSIDERATIONS WARRANT, the undersigned duly authorized representatives, signed this Protocol.
Thomas, Portugal and English languages, all texts are equally valid, May 11, 2005, organized in Lisbon. This Protocol in case of differences in interpretation or application will apply to the English text.
On BEHALF of the REPUBLIC OF PORTUGAL on BEHALF of the REPUBLIC of TURKEY Ali TUYGAN Luis Campos e CUNHA, Undersecretary of the Ministry of Foreign Affairs of State and Finance Minister
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