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69 | II Série A - Número: 105S2 | 16 de Março de 2011

CHAPTER II DEFINITIONS

ARTICLE 3 GENERAL DEFINITIONS

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

a) the term ―Panama‖ when used in a geographical sense comprises the territory of the Republic of Panama in accordance with International Law and the Panamanian legislation; b) the term ―Portugal‖ when used in a geographical sense comprises the territory of the Portuguese Republic in accordance with the International Law and the Portuguese legislation; c) the terms ―a Contracting State‖ and ―the other Contracting State‖ mean Panama or Portugal as the context requires; d) the term ―tax‖ means Panamanian tax or Portuguese tax, as the context requires; e) the term ―person‖ includes an individual, a company and any other body of persons; f) the term ―company‖ means any body corporate or any entity that is treated as a body corporate for tax purposes; g) 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; h) the term ―international traffic‖ means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; i) the term ―competent authority‖ means:

(i) in Panama, the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) or its authorized representative; (ii) in Portugal: the Minister of Finance, the Director General of Taxation (Director-Geral dos Impostos) or their authorised representative;

j) the term ―national‖, in relation to a Contracting State, means:

(i) any individual possessing the nationality or citizenship of that Contracting State; and (ii) any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State.

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 that 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 ―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 incorporation, 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.
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: