3 DE NOVEMBRO DE 1997

198-(23)

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 «national» means:

Í) Any individual possessing the nationality of a Contracting State;

//) Any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;

i) The term «compétent authority» means:

t) In Portugal: the Minister of Finance, the director general of Taxation (director-geral das Contribuições e Impostos) or their authorized representative;

u) In Venezuela: the superintendent of the Integrated National Service of Tax Administration [Servicio Nacional Integrado de Administración Tributaria (SENIAT)], his authorized representative or the authority which is designated by the Minister of Finance as a competent authority for the purposes of the Convention.

2 — As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall unless the context otherwise requires, have the meaning which it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.

Article 4 Resident

1 — For the purposes of this Convention, the term «résident of a Contracting State» means:

a) In the case of Portugal, 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 and also includes that State and any political or administrative subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State; and

b) In the case of Venezuela, 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 and also includes any resident person or company subject to the Venezuelan territorial system of taxation, the Republic of Venezuela or a political subdivision thereof or any agency or instrumentality of any such Republic, subdivision or authority.

2 — Where by reason of the provisions of paragragh 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 only of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which personal and economic relations are closer (centre of vital interests);

b) If the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;

c) If he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;

d) If he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

3 — Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the State in which its place of effective management is situated.

Article 5 Permanent establishment

1 — For the purposes of this Convention, the term «permanent establishment means a fixed place of business through which the business of an enterprise is wholly or partly carried on.

2 — The term «permanent establishment includes especially:

a) A place of management;

b) A branch;

c) An office;

d) A factory;

e) A workshop;

f) A warehouse in relation to a person providing storage facilities for others;

g) A store or other sales outlet; and

h) A mine, an oil or gas well, a quarry or any other place of extraction of natural resources.

3 — A building site or construction or installation project or supervisory activities in connection therewith, constitutes a permanent establishment only if it lasts more than nine months.

4 — Notwithstanding the preceding provisions of this article, the term «permanent establishment shall be deemed not to include:

a) The use of facilities solely for the purpose of storage or display or delivery of goods or merchandise belonging to the enterprise;

b) The maintenance of a stock of goods, or merchandise belonging to the enterprise solely for the purpose of storage or display or delivery;

c) The maintenance of a stock of goods or merchandise belonging to the enterprise solely tor' the purpose of processing by another enterprise;