ARTICLE 26 MUTUAL AGREEMENT PROCEDURE 1. Where a resident of a Contracting State considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with this Convention, he may, irrespective of the remedies provided by the domestic laws of those States, present his case to the competent authority of the Contracting State of which he is a resident. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of this Convention. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State with a view to the avoidance of taxation which is not in accordance with the Convention. 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention. 4. The competent authorities of the Contracting State may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs. ARTICLE 27 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting State 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 the Convention insofar as the taxation thereunder is not contrary to the Convention. 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 enforcement 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. They 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 trade process, or information, the disclosure of which would be contrary to public policy (ordre public). ARTICLE 28 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 29 EXCLUSION OF CERTAIN COMPANIES This Convention shall apply neither to holding companies (societes holding) within the meaning of special Luxembourg laws, currently the Act (loi) of 31 July 1929 and the Decree (arrete grand- ducal) of 17 December 1938 nor to companies subject to a similar fiscal law in Luxembourg. Neither shall it apply to income derived from such companies by a resident of Thailand nor to shares or other rights in such companies owned by such a person. ARTICLE 30 ENTRY INTO FORCE 1. This Convention shall be ratified and the instruments of ratification shall be exchanged at Luxembourg 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 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 exchange of instruments of ratification takes place; (b) in respect of other taxes on income and on capital, 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 31 TERMINATION This Convention shall remain in force indefinitely, but either of the Contracting States may, on or before 30th 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 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; (b) in respect of other taxes on income and on capital, 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 Bangkok on this 7 th day of May , one thousand nine hundred and ninety-sixth Year of the Christian Era, each in the Thai, French and English languages, all texts being equally authoritative. For the Government of the Kingdom of Thailand H.E.M.R. Kasem S. Kasemsri (H.E.M.R. Kasem S. Kasemsri) Minister of Foreign Affairs | For the Government of the Grand Duchy of Luxembourg Mr. Georges WOHLFART (Mr. Georges WOHLFART) Secretary of State for Foreign Affairs, Trade and Development Cooperation |
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