ARTICLE 26 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by this Convention insofar as the taxation thereunder is not contrary to the Convention, as well as to prevent fiscal evasion. The exchange of information is not restricted by Article 1. 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) involved in the assessment or collection of, the enforecment or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by the Convention. Such persons or authorities shall use the information only for such purposes but may disclose the information in public court proceedings or in judicial decisions. 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: (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 or information, the disclosure of which would be contrary to public policy (order public). ARTICLE 27 DIPLOMATIC AGENTS AND CONSULAR OFFICIALS Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officials under the general rules of international law or under the provisions of special agreements. ARTICLE 28 ENTRY INTO FORCE 1. This Convention shall be ratified and the instruments of ratification shall be exchanged at Bangkok as soon as possible. 2. The Convention shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect: (a) in Sri Lanka: In respect of taxes on income for any year of assessment commencing on or after the first day of April next following that in which the exchange of instruments of ratification takes place. (b) In Thailand : (i) in respect of taxes withheld at the source, on amounts paid of remitted on or after the first day of January next following that in which the exchange of instruments of ratification takes place; (ii) in respect of other taxes on income, for taxable years or accounting periods beginning on or after the first day of January next following that in which the exchange of instruments of ratification takes place. ARTICLE 29 TERMINATION This Convention shall remain in force indefinitely, but either of the Contracting States may, on or before 30 th June in any calendar year beginning after the expiration of a period of five years from the date of its entry into force, give to the other Contracting State, through diplomatic channels, written notice of termination. In such event the Convention shall cease to have effect : (a) In Sri Lanka : in respect of taxes on income for any year of assessment commencing on or after the first day of April next following that in which the notice is given; (b) In Thailand : (i) in respect of taxes withheld at the source, on amounts paid or remitted on or after the first day of January next following that in which the notice is given; (ii) in respect of other taxes on income, for taxable years or accounting periods beginning on or after the first day of January next following that in which the notice is given. IN WITNESS WHEREOF the undersigned duly authorized thereto have signed this Convention. DONE in duplicate at Colombo on this fourteenth day of December 1988, in Thai, Sinhala and English languages, all texts being equally authentic. In the case of divergence of interpretation the English text shall prevail. FOR THE GOVERNMENT OF THE KINGDOM OF THAILAND K. Sobhon (KHAJORN SOBHON) Ambassador | FOR THE GOVERNMENT OF THE DEMOCRATIC SOCLALIST REPUBLIC OF SRILANKA W.M.p.Weerasingha (Mr.W.M.P. Weerasingha) The Commissioner-General of Inland Revenue |
PROTOCOL The Government of the Kingdom of Thailand and the Government of the Democratic Socialist Republic of Sri Lanka, having entered into a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, have agreed, at the time of signing the said Convention, that in connection with paragraph 4 of Article 19 "Government Services", the term "Government" shall also be deemed to include the Central Bank of Ceylon and the Bank of Thailand but only for so long as the remuneration derived from the Central Bank of Ceylon by its employees is exempt from Sri Lanka tax. FOR THE GOVERNMENT OF THE KINGDOM OF THAILAND K. Sobhon (KHAJORN SOBHON) Ambassador | FOR THE GOVERNMENT OF THE DEMOCRATIC SOCLALIST REPUBLIC OF SRILANKA W.M.p.Weerasingha (Mr.W.M.P. Weerasingha) The Commissioner-General of Inland Revenue |
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