ARTICLE 21
STUDENTS
1. An individual who is a resident of one of the States immediately before visiting the other State and who is temporarily present in that other State solely a) as a student at a university, college or school in that other State, b) as a business apprentice, or c) as the recipient of a grant, allowance or award for the primary purpose of study or research from a religious, charitable, scientific or educational organization, Shall not be taxed in that other State in respect of remittances from aborad for the purposes of his maintenance, education or training. 2. An individual who is a resident of one of the State immediately before visiting the other State and who is present in that other State solely as a student at a university, college or school in that other State or as a business apprentice, Shall not be taxed in that other State for a period not exceeding three consecutive tax years in respect of remuneration from employment in such ohter State provided that a) the remuneration constitutes earnings necessary for his maintenance and education, and b) the said remuneration does not exceed in the tax year 3,600 guiders or 21,000 Baht, as the case may be. CHAPTER IV
TAXATION OF CAPITAL
ARTICLE 22
CAPITAL 1. Capital represented by immovable property, as defined in paragraph 2 of Article 6, may be taxed in the State in which such property is situated. 2. Capital represented by movable property forming part of the business property of a permanent establishment of an enterprise may be taxed in the State in which the permanent establishment is situated. 3. Notwithstanding the provisions of paragraph 2, ships and aircraft operated in international traffic, and movable property pertaining to the operation of such ships and aircraft shall be taxable only in the State in which the place of effective management of the enterprise is situated. 4. All other elements of capital of a resident of one of the States shall be taxable only in that State. CHAPTER V
ELIMINATION OF DOUBLE TAXATION
ARTICLE 23
EXEMPTION AND CREDIT METHODS 1 The Nertherlands, when imposing tax on its residents, may include, in the basis upon which such taxes are imposed, the items of income or capital, which according to the provisions of this Convention may be taxed in Thailand. 2. Where a resident of the Netherlands derives income or owns capital which in accordance with Articles 6, 7, 10 paragraph 7, 11 paragraph 5, 12 paragraph 4, 14 paragraphs 1 and 2, percent paragraphs 1 and 3, 16 paragraph 1, 17, 19 and 22 paragraphs 1 and 2, of this Convention, may be taxed in Thailand, the Netherlands shall, subject to the provisions concerning the mode of application, including the provisions concerning the compensation of losses, in its unilateral regulations for the avoidance of double taxation, exempt such income or capital from tax. 3. Further the Netherlands shall allow a deduction from the tax computed in accordance. with the preceding paragraphs of this Article with respect to the items of income which may be taxed in Thailand according to Article 8 paragraph 2, 10 paragraph 2, 11 paragraph 2, 12 paragraph 2, and 18 paragraph 2, and are included in the basis mentioned in paragraph 1 of this Article. The amount of this deduction shall be the lesser of the following amount: a) the amount equal to the Thai tax; b) the amount of that part of the Netherlands tax which is appropriate to the said items of income. 4. Thailand, when imposing tax on its residents, may include, in the basis upon which such taxes are imposed, all items of income or capital, except where express provisions to the contrary are made in this Convention. 5 Where a resident of Thailand derives income or owns capital which, in accordance with Article 6, 7, 10 paragraph 7, 11 paragraph 5, 12 paragraph 4, 14 paragraphs 1 and 2, 15 paragraphs 1 and 3, 16 paragraph 2, 17, 19 and 22 paragrpahs 1 and 2, of this Convention, may be taxed in the Netherlands, Thailand shall exempt such income or capital from tax, but may, in calculating tax on the remaining income or capital of that resident, apply the rate of tax which would have been applicable if the exempted income or capital had not been so exempted. 6 Thailand shall allow a deduction from the tax computed in accoudance with paragraph 4 of this Article with respect to the items of income which may be taxed in the Netherlands according to Articles 8 paragraph 2, 10 paragraphs 2 and 3, 11 paragraph 2, 12 paragraph 2, and 18 paragraph 2, and with respect to all items of income not mentioned in this Convention which according to the laws of Thailand arise in the Netherlands. The amount of this deduction shall be the lesser of the following amounts: a) the amount equal to the Netherlands tax; b) the amount of that part of the Thai tax which is appropriate to the said items of income. 7. Where a resident of one of the States derives gains which may be taxed in the other State according to Article 14 paragraph 5, that other State shall allow a deduction from its tax on such gains to an amount equal to the tax levied in the first-mentioned State on the said gains. CHAPTER VI
SPECIAL PROVISIONS
ARTICLE 24
NON-DISCRIMINATION 1. The nationals of one of the States, whether they are residents of that State or not, shall not be subjected in the other 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 2. The term "nationals" means: a) all individuals possessing the nationality of one of the State; b) all legal persons, partnerships and associations deriving their status as such from the law in force in one of the States. 3. The taxation on a permanent establishment which an enterprise of one of the States has in the other 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 one of the States to grant to residents of the other State any personal allowances, reliefs and reductions for taxation purposes an account of civil status or family responsibilities which it grants to its own residents. 4. Enterprises of one of the State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other State, shall not be subjected 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 that first-mentioned State are or may be subjected. 5. In this Article the term "taxation' means taxes of every kind and description. ARTICLE 25
MUTUAL AGREEMENT PROCEDURE 1. Where a resident of one of the States considers that the actions of one or both of the States result or will resulf for him in taxation not in acordance with this Convention, he may, notwithstanding the remedies provided by the national laws of those States, present his case to the competent authority of the State of which he is a resident. 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 an appropriate solution, to resolve the case by mutual agreement with the competent authority of the other State, with a view to the avoidance of taxation not in accordance with this Convention. 3. The competent authorities of the States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Convention. They may also consult together for the elimination of double taxation in cases not provided for in this Convention. 4. The competent authorities of the States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs. | 
