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

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Article 12
Royakies
1 — Royahies arisin in a
Contracting State and bene
ficially owned by a residem ofthe
other Contracting State
may be taxed in that other State.
2 However, such royalties may
aso be taxed in the
Contracting State in which they arise
and according to
the laws of that State, but if the beneficial
owner of the
royalties is a resident of the other Contracting
State, the
tax so’ harged shall not exceed 10%
of the gross amount
ofthe royaltiès.
The competent authorities of Lhe Contrac
ting.States shall by mutual agreement
settlé the mode of
application ofthis limitation.
:
3 — The term
«royaiLies» as used in this articic ii eans
payments of any kind received as a consideration
for the
use of, or the right to use, any copyrigbt
ofliterary, artistic
or sciencific work including cinematographic
funis, any
patent, trade mark, design
or model, plan, secret formula
or process, or for inforrnation concerning
industrial, com
mercial or sciêntific experience.
4 — The provisions of paragraphs 1
and 2 shall not
apply ifthe beneficial owner ofthe
rcyalties, being a resident of a Contracting State, carnes on business
iri the other
Contracting State in which the
royalties arise, (hrough a
permanent establishment situated therein,
or performs in
lhat other State independent
personal services froin a fixed
base situated therein, and te
right or property iii .resoect
of which the royalties are
paid is effectively connected
with such permanent estab1ishment
or fixed base. Iii such
case the provisions of article 7 or
article 14,. as the case
may be, shall apply.
5 — Royalties shall be deemed
to arise n a Contracting
State when the payer is,a resident
ofthat Contracting State.
Where, however, the person paying
the roya!tiës, whether
he is a resident of a Contracting State or
not, has in a Con
tracting State apermanent estabiishment
ora fixed base in
coirnection with which.theiiability to pay
the royalties was
incurred, and such royalties are
borne by such permanent
establisbment ar fixed base,
then such royalties. shall be
deerned to arise in the Contracting
State in which the per
manent establishment or the
fixed base is situated
6 Where, y reason
of a speciai relationshjp bctwee
the payer and the benefic1al
owner or between b.oth ofthem
an4 some otherperson, the amount
ofthe’royalties, having
regard to the use, right or information for
which they are
paid, exceeds the amount which woul.d.
have heen agreed
uponby the payer and the beneficial
owner in the absence
of such relationship, the
provisions of this article shali
apply only to the lastmention.ed
amount. In such case,,the
excess part ofthe payments shall
remam taxable according
to the laws ofeach
Contracling State, due regard being
had
to the other provisions ofthis Conventin.
Article 13
Capita! gains
1 -— Gajns denived by
aresident ofa Contracting State
from the alienation of
immovable, propertv. referred to
in
46
DAR II Série A / 47

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