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ARTICLE 21

 

1          Capital represented by immovable property, as defined in paragraph 2 of Article 6, may be taxed in the Contracting 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 Contracting State in which the permanent establishment is situated.

 

3          Ships or aircraft operated in international traffic by an enterprise of a Contracting State and movable property pertaining to the operation of such ships and aircraft shall be taxable only in that State.

 

4          All other elements of capital of a resident of a Contracting State shall be taxable only in that State.

 

 

ARTICLE 22

1          The laws in force in either of the Contracting States will continue to govern the assessment and taxation of income and capital in the respective Contracting State except where express provision to the contrary is made in this Agreement.

 

2          Subject to the provisions of paragraph 1, tax shall be determined in the case of a resident of the Federal Republic as follows:

            (a)        Unless the provisions of  subparagraph (b) below apply,

                          there shall be excluded from the basis upon which German

                          tax is imposed any item of income from sources within

                         Thailand and any item of capital situated within Thailand

                         which according to this Agreement may be taxed in

                         Thailand.  The Federal Republic, however, retains the right to

                          take into account in the determination of its rate of tax the

                          itemsof income and capital so excluded.  The first sentence

                          shall in the case of dividends apply only to such dividends

                          as are paid to company limited by shares

                          (Kapitalgesellschaft) which is a resident of the Federal

                          Republic by a company which is a resident of Thailand and

                          at least 25 per cent of the voting shares of which are owned

                         by the first-mentioned company.  There shall also be

                         excluded from the basis upon which German tax is imposed

                         any shareholding, the dividends on which, if paid, would be

                         excluded from the tax basis according to the immediately

                         foregoing sentence.

            (b)        Tax payable under the laws of Thailand and in accordance

                         with this Agreement on the following itemsof income

                         from sources within Thailand shall, subject to the provisions

                        of German tax law regarding creditfor foreign tax, be allowed

                        as a credit against such German tax on income as is payable

                        in respect of the following items of income:

                        1.         profits derived by operating ships in international traffic

                                     which may be taxed inThailand according to  

                                    paragraph 2 of Article 8;

                        2.         dividends not dealt with in subparagraph (a) above;

                        3.         interest;

                        4.         royalties and such gains as are mentioned in

                                    paragraph 3 of Article 12;

                        5.         profits which may be taxed in Thailand according to

                                    paragraph 2 of Article 15;

                        6.         remuneration mentioned in paragraph 1 of Article 17

                                    paid to a German national who is not also a Thai

                                    national;

                        7.         pensions and other payments and annuities which

                                    may be taxed in Thailand according to paragraph 1 of

                                    Article 18.

 

3          Subject to the provisions of paragraph 1, tax shall be determined in the case of a resident of Thailand as follows:

            (a)        Unless the provisions of subparagraph (b) below apply,

                         there shall be excluded from the basis upon which Thai tax

                         is imposed any item of income from sources within the

                         Federal Republic and any item of capital situated within the

                         Federal Republic which according to this Agreement may be

                         taxed in the Federal Republic. Thailand, however, retains the

                         right to take into account in the determination of its rate of tax

                         the items of income and capital so excluded. The first

                         sentence shall in the case of dividends apply only to such

                         dividends as are paid to a company which is a resident of

                         Thailand by a  company limited by shares 

                         (Kapitalgesellschaft) which is a resident of the Federal 

                         Republic and at least 25 percent of the voting shares of

                         which are owned by the first-mentioned company.There shall

                         also be excluded from the basis upon which Thai tax is

                         imposed any shareholding, thedividends on which, if paid,

                         would be excluded from the tax basis according to the

                        immediately foregoing sentence.

            (b)        Tax payable under the laws of the Federal Republic and in

                         accordance with this Agreement by a resident of Thailand on

                         income from sources within the Federal Republic shall be

                         allowed as credit against Thai tax if such income consists of:

                         1.         profits derived by operating ships in international

                                     traffic which may be taxed in the Federal Republic

                                     according to paragraph 2 of Article 8;

                        2.         dividends not dealt with in subparagraph (a) above;

                        3.         interest;

                        4.         royalties and such gains as are mentioned in

                                    paragraph 3 of Article 12;

                        5.         profits which may be taxed in the Federal Republic

                                    according to paragraph 2 of Article 15;

                        6.         remuneration mentioned in paragraph 1 of Article 17

                                    paid to a Thai national who is not alsoa German

                                    national;

                        7.         pensions and other payments and annuities which

                                    may be taxed in the Federal Republic according to

                                    paragraph 1 of Article 18.

            Such credit shall be based on the amount of tax paid to the Federal Republic but shall not exceed the portion of the Thai tax which net income from sources within the Federal Republic bears to the entire net income subject to Thai tax. In determining such entire not income a loss incurred in any country shall not be taken into account.

 

 

ARTICLE 23

1          The nationals of a Contracting State shall not be subjected in the other Contracting 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 taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting 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 provisions shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.

 

3          Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled,  directly or indirectly, by one or more residents of the other Contracting state, shall not be subjected in 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.

 

4          In this Article the term “taxation” means taxes of every kind and description.

 

 

ARTICLE 24

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 Agreement, he may, notwithstanding the remedies provided by the national laws of those States,  present his case to the competent authority of the Contracting 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 Contracting State, with a view to the avoidance of taxation not in accordance with this Agreement.

 

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 this Agreement. They may also consult together for the elimination of double taxation in cases not provided for in this Agreement.

 

4          The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs and for the exchange of information provided for in Article 25.

 

 

ARTICLE 25

1          The competent authorities of the Contracting States shall exchange such information as is necessary for the carrying out of this Agreement. Any information so exchanged shall be treated as secret and shall not be disclosed to any persons or authorities other than those concerned with the assessment including judicial determination or collection of the taxes which are the subject of this Agreement.

 

2          In no case shall the provisions of paragraph 1 be construed so as to imposed on one of the Contracting States the obligation:

            (a)        to carry out administrative measures at variance with the

                         laws or the administrative practice of that or of the other

                         Contracting State;

            (b)        to supply particulars which are not obtainable under the laws

                         or in the normal course of the administration of that of the

                         other Contracting State;

            (c)        to supply information which would disclosed 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).

 

 

 

Last updated: 08.12.2011