7 DE MAIO DE 1994

690-(11)

or administrative subdivisions or local authorities, irrespective of the manner in which they are levied.

2 — There shall be regarded as taxes on income all taxes imposed on total income or on elements of income, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation.

3 —The existing taxes to which this Convention shall apply are:

a) In the case of Ireland:

i) The income tax;

ii) The corporation tax; and Hi) The capital gains tax;

(hereinafter referred to as «Irish tax»);

b) In the case of Portugal:

i) Personal income tax [imposto sobre o ren-dimento das pessoas singulares (IRS)];

») Corporate income tax [imposto sobre o ren-dimento das pessoas colectivas (IRC)]; and

Hi) Local surtax on corporate income tax (der-rama);

(hereinafter referred to as «Portuguese tax»).

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

CHAPTER n Definitions

Article .3

General definitions

I — For the purposes of this Convention, unless the context otherwise requires:

a) The term «lreland» includes any area outside the territorial waters of Ireland which, in accordance with international law, has been or may hereafter be designated under the laws of Ireland as an area within which the rights of Ireland with respect to the sea bed and subsoil and their natural resources may be exercised;

b) The term «Portugal» means the territory of the Portuguese Republic situated in the European Continent, the archipelagoes of Azores and Madeira, the respective territorial sea and any other zone in which, in accordance with the laws of Portugal and international law, the Portuguese Republic has sovereign rights with respect to the exploration and exploitation of the natural resources of the sea bed and subsoil, and of the superjacent waters;

c) The terms «Co/Jtracting State», «one of the Contracting States* and «the other Contracting State» mean Ireland or Portugal, as the context

requires; and the term «Contracting States» means Ireland and Portugal; d) The term «person» includes an individual, a .jh company and any other body of persons;

r¿ e) The term «company» means any 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 i(. 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 or aircraft operated by an enterprise which has its place of effective management in a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;

h) The term «a national* means:

i) In relation to Ireland, any citizen of Ireland and any legal person, association or other entity deriving its status as such from the laws in force in Ireland;

ii) In relation to Portugal:

a) All individuals possessing the nationality of Portugal;

b) Any legal person, association or other entity deriving its status as such from the laws in force in Portugal;

i) The term «competent authority* means:

i) In the case of Ireland, the Revenue Commissioners of their authorised representative;

ii) In the case of Portugal, the Minister of Finance, the Director-General of Taxation (director-geral das Contribuições e Impostos) or their authorised representative.

2 — As regards the application of this Convention by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the laws of that State concerning the taxes to which this Convention applies.

Article 4 Resident

1 — For the purpose of this Convention, the term «resident of a Contracting State» means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. But this term does not include any person who is liable to tax in that State in respect only of income from sources in that State.

2 — Where, by reason of the provisions of paragraph 1, an individual is a resident of both Contracting States, then his status shall be determined as follows:

a) He shall be deemed to be a resident of the Contracting State in which he has a permanent home available to him; if he has a permanent home available to him in both Contracting States,