45 | II Série A - Número: 053S1 | 23 de Dezembro de 2014

a
be had to the other provisions ofthis Convention and the
competent authorities of the Contracting States shaii if
necessary consult each other.
,Articie 10
D’vidends
1 — Dividends paid by a company whih is a
resident
of a Contracting State to a residnt ofthe other Contracting
State may be taxed in that other State.
2 — However, such dividends may also be taxed in
ttie Contracting State of which the company paying the
dividends is a residerit and according tc the laws f that
State. but if the beneficial owner of the dividends is a
resident ofthe other Contracting State the taxso charged
shall not exceed:
a) 5 % ofthe gross amount ofthe dividcnds ifthe
bene
ficial owner is a company (other than a partnership)
which
holds direct!y at least 10% of the capital of the cornpany
paying the dividends;
b) 10% ofthe gross an’Íount ofthe dividends in ali
other cases.
The competent authorities of the Contracting States
shali by mutual agreernent settle the mode of app1ication
ofthese limitations.
This paragraph shall not affect the taxation ofthe com
pany in respect of the profits out of which the
dividends
are paid.
3 — The term «dividends» as used in this article means
income from shares, «jouissance» shares
c,r «jouissance»
rights, rnining shares, founder’s shares or othet rights, not
being debt-claims, participating in profits, as weil as in
come from other corporate rights which is subjected
to the
sarne taxation treatment as incomefrom shares .bythe iaws
ófthe State ofwhich the cornpany making the distribution
isaresident The termalso includes profits attributed under
an arraiigement for participation in profits;
4——- The provisicns of paragraphs 1 and 2 ‘shall’
nõt
apply if the beneficial owner of the dividends, being a
residerit of.aContracting State, carnes OtI business in ihe
other ContractingState õf which the company paying the
dividendsisa resident, through a permanent establishrnent
situated therein, or performs in that other State
indeperident
personal servicës from a fixed base situated therein, and
the hoiding in repect of which the dividends are paid
is
effectively connected with such perrnanent establishrnent
or fixed base. ln sucb case the provisions of articlç 7 or
article 14, as the éase may be,shall apply.
5— Whére a compan’ which is a resident cfa Con
tractjng State derives profits or incorne fron th other
Contracting State, that other State may ot impos.e
any
tax on ti-iê dividends paid bythe company, except insofar
as such dividends are paid to a resident ofthat other State
or insofar as the holding in respect of which the diyidends
are paid is effëctively conneçted with a permanent esta
b1ishmeiit or a fixed base ituatedin’that other State, not
subject the company’s, undistributed prõfits to a tax pn
the companys undistributed profits, even ifthçdiviends
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