Convention between the Government of the Republic of Uzbekistan and the Government of the Republic of Hungary for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital (Tashkent, 17th of April, 2008)

Функция недоступна

CONVENTION

between the Government of the Republic of Uzbekistan

and the Government of the Republic of Hungary

for the Avoidance of Double Taxation and

the Prevention of Fiscal Evasion with respect to

Taxes on Income and on Capital

Tashkent, 17th of April, 2008

Article 1. Personal scope

Article 2. Taxes covered

Article 3. General definitions

Article 4. Resident

Article 5. Permanent establishment

Article 6. Income from immovable property

Article 7. Business profits

Article 8. International transport

Article 9. Associated enterprises

Article 10. Dividends

Article 11. Interest

Article 12. Royalties

Article 13. Capital gains

Article 14. Independent personal services

Article 15. Income from employment

Article 16. Directors' fees

Article 17. Artistes and sportsmen

Article 18. Pensions

Article 19. Government service

Article 20. Students

Article 21. Professors and teachers

Article 22. Other income

Article 23. Capital

Article 24. Elimination of double taxation

Article 25. Non-discrimination

Article 26. Mutual agreement procedure

Article 27. Exchange of information

Article 28. Members of diplomatic missions

and consular posts

Article 29. Entry into force

Article 30. Termination

The Government of the Republic of Uzbekistan and the Government of the Republic of Hungary, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, and with a view to promote economic cooperation between the two countries,

Have agreed as follows:

Article 1. Personal scope

This Convention shall apply to persons who are residents of one or both of the Contracting States.

Article 2. Taxes covered

1. This Convention shall apply to taxes on income and on capital imposed on behalf of a Contracting State or of its administrative territorial subdivisions or local authorities, irrespective of the manner in which they are levied.

2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, taxes on the total amount of wages or salaries paid by enterprises, as well as taxes on capital appreciation.

3. The existing taxes to which the Convention shall apply are in particular:

(a) in Hungary:

(I) the personal income tax; '

(II) the corporate tax;

(III) the dividend tax;

(IV) the surtax;

(V) the land parcel tax;

(VI) the building tax

(hereinafter referred to as "Hungarian tax");

(b) in the case of the Republic of Uzbekistan:

(I) the tax on income (profit) of legal persons;

(II) the tax on income of individuals;

(III) the property tax

(hereinafter referred to as "Uzbekistan tax").

4. This Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of this Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes that have been made in their respective taxation laws.

Article 3. General definitions

1. For the purposes of this Convention, unless the context otherwise requires:

(a) the term "Hungary" means the Republic of Hungary and, when used in a geographical sense it means the territory of the Republic of Hungary;

(b) the term "Uzbekistan" means the Republic of Uzbekistan, and by the use in the geographical sense includes its territory, the territorial waters and air space over them where the Republic of Uzbekistan may exercise sovereign rights and jurisdiction including rights to use the subsoil and natural resources in accordance with international law and the laws of the Republic of Uzbekistan;

(c) the terms "a Contracting State", "one of the Contracting States" and "the other Contracting State" mean Uzbekistan or Hungary, as the context requires;

(d) the term "person" includes an individual, a company and any other body of persons;

(e) the term "company" means body corporate or any entity which is treated as a body corporate for tax purposes;

(f) the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;

(g) the term "international traffic" means any transport by a ship, aircraft, railway or road-transport vehicle operated by an enterprise of a Contracting State, except when the ship, aircraft, railway or road-transport vehicle is operated solely between places in the other Contracting State;

(h) the term "competent authority" means:

(I) in the case of Hungary, the Minister of Finance or his authorised representative;

(II) in the case of the Republic of Uzbekistan, the State Tax Committee or its authorized representative;

(i) the term "national" means:

(I) any individual possessing the nationality of a Contracting State;

(II) any legal person, partnership, association or other entity deriving its status as such from the laws in force in a Contracting