Denmark

Personal ambit

This Convention applies to persons: residents of

one or both Contracting States.

Target ambit

1, This Convention applies to income and property taxes payable by each of the Contracting States, their administrative subdivisions and local authorities, whatever the system of their levy.

2. Income and patrimony taxes are those which tax the whole or any part of the income or property, including taxes on profits resulting from the disposal of movable or immovable property, taxes on the amount of salaries or salaries paid by the companies concerned are included in the social security fees), as well as charges on the fences.

The current taxes to which this is specifically: Sor Agreement:

applies

to

(iD) * indkomstskatien til stecen; 123 den kowmunale indkomstskat;

In Denmark:

|

—No. 24

General

(3) In (5) (6)

National pension contribution; seamen’s tax; special income tax;

kirkeskatten;

(7) udbytteskatten 08;

(8) formueskatten til staten;

(hereinafter referred to as ‘Danish tax’).

b

get;

In Spain:

(1) the General Income Tax for Persons with Disabilities;

(2) the General Income Tax on Companies and Other Legal Entities, including the special charge of 4 per 100 established by Article 104 of Law 41/ 1984 of 11 June;

(ts) the following taxes on account: the Te-rritorigl contribution on the Rustic and Pecuaria Wealth, the Territorial Contribution on Urban Wealth, the Tax on the Remnants of Personal Work, the Capital Income Tax and the Tax on Commercial and Industrial Activities and Benefits;

(4) in Sahara, taxes on income (on labour and wealth) and on the profits of enterprises;

(5) the area fee, gross product tax and excise duty on profits, regulated by the Law of 26 December 1938 (applicable to the undertakings engaged in and: the investiture and exploitation of hydrocarbons); : .

(16) Cough local taxes on income and wealth;

(hereinafter referred to as ‘the Spanish tax’).

4. The Convention shall also apply to any tax

.of an identical or analogous nature: to be added to current ones

Or like them. The competent authorities of the contracting States shall notify each year of any amendments which have been made to their respective languages;

General definitions

This Convention less than the text of the Convention

a different interpretation:

The term ‘Denmark’ means the Kingdom of Denmark, including any area in which, in accordance with the laws of Denmark and in accordance with international law, Denmark may exercise the rights relating to the exploration and exploitation of the natural resources of the con-tinent platform, the term does not include the Fasroe and Groen-landi Islands.

ing the Laws, whether or not they are to be designated, as in the

d

io

the continental shelf, like an ZO ho of which Espogne can - to exercise his rights over the lec] 2 - is his faith

The sea and its subsoil, for the exploitation of natural resources; [preceding OCR fragment unclear]. (d) The term “person” includes individuals, companies and any other body of persons; (e) the term “company” means any legal person or any entity regarded as a legal person [end of source OCR fragment unclear].

the

of a Member State

the contracting party’ means the State

side of the

of the other Member States, an undertaking operated by a contracting resident and an undertaking operated by an F other contracting State.

“enterprise

of E.—No. 24

The term “international traffic” includes transport by a ship or aircraft operated by an enterprise of a Contracting State, except where the journey is confined to points within the other Contracting State; the expression “competent authority” means [the source OCR fragment continues].

in Dinam:

a) travel

a crill

the Minister of H

a,

D tor t tanie duly authorized, (2) in Spain, the Minister of

of taxes 0 any other

delegate.

2. For the purposes of the application of this Convention by a Contracting State, any term not otherwise defined shall, unless the text requires a different interpretation, have the meaning attributed by the law of that Contracting State to the taxes which are the subject of this Convention,

Tax address

1. For the purposes of this Convention, the term ‘resisting of a Contracting State’ means any person who, under the law of that State, is subject to impo-sion in that State by reason of his domicile, residence, place of residence or any other criterion of a similar nature.

Where under the provisions of number 1, a natural person is resident in both Contracting States, the case shall be settled in accordance with the following rules:

(a) This person shall be considered a resident of the Contracting State where he has a permanent residence at his disposal. If he has a permanent dwelling at his disposal in both Contracting States, he shall be considered a resident of the State contrat: with whom he maintains closer personal and economic relations (centre of vital interests);

(b) If it is not possible to determine the Contracting State in which that person has a centre of his vital interests, or if he does not have a permanent dwelling at: his disposal in:

c if it is habitually resident in both States as: traffickers or not in any of them, it shall be considered a resident of the Jol Contracting State which is a national;

(d) if it is the case of both Contracting States or is not the case of either Contracting State, the competent authorities of the Contracting States shall decide the case by mutual agreement.

3, Where under the provisions of number 1, a person, excluding natural persons, is a resident of both Contracting States, shall be considered a resident of the con-tracting State in which his place of effective management is located.

This

For the purposes of this Convention, the term ‘permanent establishment’ means a fixed place of ‘business in which an estate carries out all or part of its activity.

or permanent

2. The exp Ñn ‘permanent establishment’ includes in particular:

10) (c) (a)

(e) workshops; D mines, of natural resources: 8) construction works or of 12 months old.

or any other place of extraction

garlic whose duration

3. The term ‘permanent establishment. no €

2) the use of ii Dinner, exhibit or deliver 4 the company; it is necessary to maintain a deposit of goods or my Fomda sent to the company for the sole purpose of souls

*Put them on and deliver them,

2 Maintenance of a property or trade in goods

the company with the sole reason that they are stormed by another company;

Rende: ⁇

Alloys with the only fen of soul- goods q goods belonging

ol maintenance of a fixed trading with the mac Iin to buy goods or goods or to collect information from the company;

the maintenance of a fixed Play Business with the A

£n to advertise, provide information, carry out scientific activities or carry out other activities which have preparatory or auxiliary tex; if 5 activities are carried out for the company itself,

tsar imilare:

is

that's

4 A person acting in a Contracting State on behalf of an undertaking of the former Contracting State is deemed to be an independent agent falling within number 5 to constitute a permanent establishment in the State referred to above if he habitually holds and exercises powers in that State to conclude contracts on behalf of the undertaking, unless his activities are limited to the purchase of goods or goods for the undertaking.

5. It is not considered that an undertaking of a contracting State has a permanent establishment in the other Contracting State merely because it carries out activities in that other State through a Corridor, a General Commissioner or any other mediator enjoying an independent status, provided that these persons act within the ordinary framework of their activity.

6. The fact that a company resident of a Contracting State controls or is controlled by a company resident of the other Contracting State or that carries out activities in that other State (whether by permanent establishment or otherwise) does not by itself make any of these companies permanent establishment of the other State.

Arriculo 6 Real estate income

1. Income from immovable property may be taxed in the Contracting State in which such property is situated.

2. The term ‘real property’ shall be defined in accordance with the law of the Contracting State in which the property is situated. In any event, this term includes access to, livestock and equipment used on agricultural and forestry holdings, the rights to which private law provisions relating to territorial property, the use of immovable property and the right to receive variable or fixed land for the exploitation or concession of the exploitation of mineral deposits, sources or other land wealth apply; ships, vessels and aircraft shall not be considered immovable property.

3. The provisions of No 1 apply to income derived from direct use, lease or any other form of exploitation of immovable property.

4. The provisions of Nos 1 and 3 apply equally to income derived from the real estate of undertakings and real estate used for the exercise of professional services.

Article 7 Benefits of Companies

1. The profits of an Enterprise of a Contracting State may be taxed only in that State, unless the Enterprise carries out operations in the other Contracting State through a permanent establishment situated therein. In the latter case, the profits of the Enterprise may be taxed in the other State, but only to the extent that they can be attributed to the permanent establishment.

2. Where an Enterprise of one Contracting State carries out oporations in the other Contracting State by means of a permanent establishment situated therein, in each Contracting State the benefit shall be attributed to the permanent establishment: which it would obtain if it were a separate and separate Enterprise carrying out the same or similar activities, under the same or similar conditions, and dealt entirely independently with the Enterprise from which it is a permanent establishment.

3. For the purpose of determining the benefit of the permanent establishment, the deduction of the costs incurred for the purpose of permanent establishment shall be permitted, including the costs of dir erales de administración for the same purposes, in the State in which the permanent establishment is situated as elsewhere.

4. Do not go back: no benefit to an establishment is due simply to the fact that it buys goods or trades for the Company.

5. Where the profits comprise income regulated in accordance with other articles of this Agreement, the provisions of this Agreement shall not be affected by those of this Article.

Navigation: maritima and verea

1. Profits arising from the operation of ships or aircraft in international traffic may only be taxed in the Contracting State in which the effective head office of the Company is situated.

2. Where the place of effective management of a Maritime Navigation Undertaking is on board a ship, that seat shall be deemed to be situated in the Contracting State where the ship is located or, failing that, in the Contracting State in which the “person operating the ship is resident.

3. Profits arising from the operation of ships or aircraft in international traffic by an Enterprise of a Contracting State and obtained through participation in a pool, in a joint holding or in an international operating body may be taxed only in the Contracting State in which the effective head office of the Enterprise is situated.

Associated enterprises

When:

(a) An Enterprise of one Contracting State participates, directly or indirectly, in the direction, control or capital of an Em- dam of the other Contracting State; or

(b) The same persons participate, directly or indirectly, in the direction, control or capital of an Enterprise of one Contracting State and of an Enterprise of the other Contracting State;

In either case, the two companies are, in their commercial or financial relations, bound by terms accepted or imposed, which differ from those to be agreed by independent companies, the benefits which one of the companies would have obtained if these conditions did not exist and which in fact did not occur because of them, can be included in the profits of this company and submitted to a position accordingly.

AnrrTiqueThe 10 Dividends

1. Dividends paid by a Company resident of a Contracting State to a resident of the other Contracting State may be taxed in the latter State.

2. However, such dividends may be subject to impo-sion in the Contracting State in which the Company is resident to pay the dividends and in accordance with the law of that State, but the tax thus required may not exceed:

8) 10 per cent of the gross amount of the dividends, if the beneficiary is a company (excluding the companies of per-sonas) holding at least 50 per cent of the capital of the company that pays them;

(b) 15 per 100 of the gross amount of dividends, in all other cases.

The competent authorities of the Contracting States shall, by mutual agreement, determine how these limits are to be applied.

This number does not affect the company's taxation of profits from which dividends are paid.

3. The term ‘dividends’ used in this Article covers the income from shares, shares or vouchers, parts of mines, shares of founders or other rights, except credit rights, which permit such participation in the profits, as well as income from other social participations assimilated to the income of the shares under the tax legislation of the State in which the distribution company resides:

assumptions of me

4. This is not the case in the case of a Member State which is not a beneficiary of the dividends, resident of a State against that State.

Re the dividends are

m disp

the participation it generates: effectively linked. In this ': Article 7

5. Cuard u: obtains benefit, this other state cannot demand any tax on dividends paid by the company to persons who are not residents of the latter state, nor subject the undistributed profits of the company to a tax on them,

Although 105 divide; consist. total O pareli fientes of this other Esiad,

s or the benefits do not give

in income or income benefits

Mtas prorg.

from a Contracting State Pays. 1 Aga submit

4 Nieres two to one Feast of the other Contracting State may be taxed in the latter State.

2. However, these interests may be imposed in the Contracting State from which they come and in accordance with the law of that State, but the tax thus required cannot exceed 10 per cent of the amount of interest. The competent authorities of the Contracting States shall, by mutual agreement, determine how this limit is to be applied.

3. The term Sinteress’, used in this article, includes the returns of the Public Debt, of bonds Qu obligations with or without mortgage guarantee and entitled or not to participate in profits, and of credits of any kind, as well as any other income than the tax legislation of the State from which the interest accrues and the returns of the amounts given to the loan.

4. The provisions of points 1 and 2 do not apply if the beneficiary of the interest, resident of a contracting State, has, in the other Contracting State from which the interest originates, a permanent establishment with which the credit generated by the interest is effectively linked. In this case, the provisions of Article 7 are applied.

5. Interests are deemed to come from a con-tracting State where the debtor is the State itself, one of its sub-divisions, one of its local entities or a resident thereof. However, where the debtor of the in’teres, $22 or non-resident of a Contracting State, has in a Contracting State a permanent establishment in respect of which the debt giving rise to log interest is incurred and this establishment supports payment thereof, the interest shall be deemed to be from the Contracting State where the permanent establishment is located.

8. Where, due to special relationships between the debtor and the beneficiary of the interest or between the two and any other person, the amount of interest paid, taking into account the claim for which it is paid, exceeds the amount that would have been agreed by the debtor and the beneficiary in the absence of such relations, the provisions of this Article shall be applied only to the latter amount. In this case, the excess is subject to taxation in accordance with the legislation taking account of the other provisions of the Treaty.

and to impose.

each Contracting State,

the provisions of this Convention. Antique 12

Royalties

1 royalties from one Contracting State paid to one resident of the other Contracting State may be subject to taxation.

2. However, these fees may be imposed - in the Contracting State from which they come and in accordance with the legislation of that State, but the tax thus required may not exceed 6 per cent of the gross amount of the fees.

3. The term 'royalties' used in this article, AE of the amounts of any kind paid for the use of the granting of copyright on literary, artistic or scientific works, including cinematographic films, films O Radio or Television Tapes, patents, factory pad O trade pad, drawings or models, drawings, formula: — not secret, as well as for use or concession

o rocedimien s y sion p uipos industrial, commercial, transport or clone for information relating to:

ilal or scientific. or veros 1 and 2, do not apply if they come from a State against:

the de-royalties are linked to the At-

p enter.

the

In this case,

of a State with a

one of its local des 0 lector of 1o5

The royalties are considered to be the debtor by the State itself, administrative risions, one of its meanings: the debtor. However, when the

5.

:: in the case of a non-resident of a Contracting State, 592 0 in the case of a Contracting State,

4 linked the benefit for which they are paid

You put and this royalties I know from the contretante state where the permanent state is,

6. Where, due to the special relations existing between the debtor and the beneficiary of the royalties or between the two and any other person, the amount of the fees paid was: account of the benefit for which they are paid, exceeds the amount which would have been agreed by the debtor and the beneficiary in possession of such relationships, the provisions of this Article shall apply only to the latter amount. In this case, the excess may be subject to taxation in accordance with the laws of each Contracting State, having regard to the other provisions of this Convention.

ARTICLE Capital gains

1. Profits arising from the disposal of movable property, as defined in Article 8 (2), may be taxed in the Contracting State in which they are located.

2.. Profits arising from the disposal of immovable property forming part of the assets of a permanent establishment held by an Enterprise of one Contracting State in the other Contracting State, or movable property belonging to a fixed base held by a resident of one Contracting State in the other Contracting State for the purpose of providing professional services, including gains arising from the disposal of the permanent establishment (only or with the entire Enterprise) or the fixed base, may be taxed in that other State. However, gains arising from the disposal of movable property referred to in article 23 (3) may only be subject to taxation in the contracting State which, pursuant to that article, provides for the right to tax them.

3. Profits arising from the disposal of any property other than those referred to in points 1 and 2 may be taxed only in the State in which the transferor resides.

Arrícuio 14 Independent professions

1. Income obtained by a resident of a con-tracting State for the provision of professional services or the exercise of other independent activities of a similar nature may only be taxed in that State. However, such income may be subject to taxation in the other Contracting State if one of the following circumstances occurs:

(a) If you are resident in the other Contracting State, you have a fixed basis for the exercise of your rights. In this case, the .rents may be taxed in this other State only to the extent that it is appropriate to attribute them to the fixed base; or

(b) If it remains in the other Contracting State, providing these services or activities, in one or more periods for a total of ninety days or more during the fiscal year concerned.

2. The term 'professional services' includes, in particular, independent scientific, literary, artistic, educational or educational activities, as well as activities relating to:

independent sides of Doctors, Abcgados, Engineers, Ar-Muitectos, Dentologists and Accountants.

Antique 15 Dependent work

, 1. Without prejudice to the provisions of Articles 16, 18, Salaries, wages and similar remune rationee obtained employment, a worker of a Contracting State by reason of a non-pd may only be subject to taxation in this State, if the employment is exercised in the other coniratory State.

employment is exercised in the latter State, remunerative

Res deriy: i ivadas de mi: eden subir: 5. 1 State. same may submit to impos in this 2 N 4 or - No o nes Amer: as I quote notwithstanding the provisions of number 1, the remune

For rr. S obtained by a resident of a Contracting State Only a person employed in the other State may be subject to taxation in the former.

(a) 1 : €. a £employee does not remain in total in the other State, last or several periods, more than one hundred and eighty-three days wm, the fiscal year concerned; and Person remunerated are paid for, or on behalf of,

who is not a resident of the other State; and

or contracting, if;

(e) Remuneration is not supported by a permanent establishment or a fixed basis for the person for whom $e works in the other State.

3. Notwithstanding the foregoing provisions of this Article, remunerations obtained on account of employment carried out on board a ship or aircraft in international traffic may be subject to taxation in the Contracting State where the place of effective management of the Company is situated.

Antique 16 Participations of Counsellors

Participations, attendance allowances and similar remunerations which a resident of a Contracting State obtains as a member of a Board of Directors of a resident company of the other Contracting State may be subject to impo- sion in this other Contracting State:

AnrTÍcULO 17 Artists and athletes

Notwithstanding the provisions of Articles 14 and 15, the rents obtained by the professionals of the spectacle, such as theatre, cinema, radio or television ariists and musicians, thus the athletes, for their per sonal activities in this concept, may be subject to taxation in the Contracting State in which they act,

Antique 18 Pensions

Without prejudice to the provisions of Article 19 (1), pensions and other similar remuneration paid, subject to prior employment, to a resident of a contracting State may be subject only to: taxation in this State.

Arrículo 19 Public remuneration

1. Remunerations including pensions, paid directly or from funds constituted by a Contracting State, one of its administrative subdivisions, Local Authority or an autonomous body to. a natural person by virtue of services provided to that State or to these subdivisio o_ entities or bodies, are subject only to taxation in this State. :

2. However, the provisions of Articles 15, 16 and 18 apply to remuneration and pensions paid in the form of services rendered which relate to the pursuit of a commercial or industrial activity by one of the Contracting States or one of its administrative subdivisions or local authorities or an autonomous body.

ArríCULO 20 Professors and Teachers

A resident of a Contracting State who, at the invitation of a University, College, School or other establishment of the other Contracting State, visits that other State solely for the purpose of teaching or conducting scientific research in that institution, for a period not exceeding two years, shall not be taxed in that other State for the remuneration he receives for such teaching or research activities.

Students

A person who is, or has previously been, a resident of a Contracting State and who temporarily visits the other Contracting State, only:

College or Escue: agricultural, forestry

(a) As a student in a Univer:

(b) To perform concr or technical practices; or

(c) As a recipient of a scholarship, aid or school bag of a charitable, scientific or teaching organization, the main purpose of study or research is to carry out,

Wo will be subject to taxation in this other State in respect of Jas sums that he receives for his support, education or pra: school grants. The same shall apply to any amount received as payment for services rendered

in this other State, provided that such services are related to their studies or practices or are necessary for their support. However, this clause shall not apply in cases where studies or practices are of a secondary nature in respect of the services for which the remu-tion is received. Antique 22 Incomes not expressly mentioned

The income of a resident of a Contracting State which is not expressly mentioned in the preceding articles may only be taxed in that State.

Capital

1. Property constituted by immovable property, as defined in Article 6 (2), may be subject to im-position in the Contracting State in which the property is situated.

2. The assets consisting of movable property forming part of the assets of a permanent establishment of an Em-prison, or of movable property belonging to a fixed base used for the provision of professional services, may be taxed in the Contracting State in which the permanent establishment or fixed base is situated.

3. Ships and aircraft engaged in international traffic and movable property affected by their operation may be taxed only in the Contracting State where the company's place of effective management is situated.

4. All other assets of a resident of a Contracting State may be subject to taxation only in that State.

Methods to avoid double taxation

1. Where a resident of Denmark obtains income or is property which, in accordance with the provisions of this Convention, may be taxed in Spain, Dina-mark, except as provided for in points 3 and 4, shall deduct from income- or property tax the part of the tax as it corresponds, as the case may be, to the income or property which may be taxed in Spain.

2. Where a resident of Spain obtains income or owns goods which, in accordance with the provisions of this Con- vention, may be taxed in Denmark, Spain, except as provided for in points 3 and 4, he shall exempt such income or property, but in order to calculate the tax corresponding to the remaining income or property of that resident he may apply the tax rate which would correspond without this exemption.

3. Where a resident of a Contracting State obtains income which, in accordance with the provisions of Articles 10, 11 and 12, may be taxed in the other Contracting State, the first State shall deduct from the income tax of that resident an amount equal to the tax paid in the other Contracting State. However, this deduction may not exceed the part of the tax corresponding to the income obtained in the other Contracting State, calculated before the deduction. In the case of Spain, the deduction of the Danish tax shall be made, subject to the limitations and conditions laid down in this number, both from general taxes and from taxes.

4. Where a resident of a Contracting State has immovable property not linked to a permanent establishment which may be taxed in the other Contracting State in accordance with the provisions of this Convention, the first State shall deduct from the property tax of that resident an amount equal to the tax on the share of the property paid in the other Contracting State. However, this deduction may not exceed the part of the tax which corresponds to the assets held in this other Member State before the deduction.

5. The provisions of number 3 shall apply where an exemption or reduction of the Spanish tax has been granted 'is taxed on dividends, interest or royalties, as if there were no such exemption or reduction.

Non-discrimination 1. Nationals of a Contracting State, whether or not they are nationals of that State, shall not be subject in the other Contracting State to any taxes or obligations relating thereto which are not or are more burdensome than those imposed on them.

28 snero 1974

that nationals of this same State are or may be subject to the same conditions. 2. The term ‘national’ means:

(a) All natural persons possessing the nationality of a Contracting State;

(b) All legal persons, Companies of persons and associations, constituted under the laws in force in a Contracting State.

3. A permanent establishment which an Enterprise of one Contracting State has in the other Contracting State shall not be subject to taxation in that State in a less favourable manner than the Enterprises of the latter State carrying out the same activities.

This provision does not oblige a Contracting State to grant to residents of the other Contracting State personal deductions, reliefs and tax reductions which it grants to its own residents in view of their marital status or family burdens.

4. Undertakings of a Contracting State whose capital is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State shall not be subject in the Contracting State referred to above to any tax or obligation relating thereto which is not or is more burdensome than those to which similar undertakings of the former Contracting State are or may be subject.

5. The term ‘taxation’ in this Article refers to taxes of any kind or name.

Anicure 26 mutual agreement procedure

1. Where a resident of a Contracting State considers that the measures taken by one or both Contracting States entail or may entail for him a charge which is not in conformity with this Convention, the independence of the remedies provided for by the national legislation of the Contracting States may be submitted to the competent authority of the Contracting State of which he is a resident.

2. This competent authority shall, if it finds the complaint well founded and if it is not in a position to adopt a satisfactory solution, make every effort to resolve the matter by means of an amicable agreement with the competent authority of the other Contracting State, in order to avoid the imposition which does not comply with this Convention.

3. The competent authorities of the Contracting States shall endeavour to resolve difficulties or to dispel doubts arising from the interpretation or application of this Convention by amicable agreement. They may also agree to try to avoid double taxation in cases where it is not provided for.

4. The competent authorities of the States: Contracting parties may communicate directly with each other in order to achieve the agreements referred to in the preceding headings. Where it is considered that such agreements can be facilitated through personal contacts, the exchange of views may take place within a Commission composed of representatives of the competent authorities of both Contracting States.

Exchange of information

1. The competent authorities of the Contracting States shall exchange the information necessary for the application of this Convention and of the internal laws of the Contracting States relating to the taxes covered by it which are required in accordance with it. The information thus exchanged shall be kept secret and may not be disclosed to any person or authority which is not responsible for the settlement or collection of the taxes covered by this Convention.

2. In no case shall they be made available to: a Contracting State;

No. 1 lons force!

(a) To take administrative measures contrary to its laws or administrative practice or those of the other “co-treating State”;

(b) Provide information which cannot be obtained on the basis of its own legislation or normal administrative practice or that of the other Contracting State;

(c) to transmit information revealing a commercial, industrial or professional secret or a commercial procedure % information whose communication is contrary to the P'blico order.

B. O. del E.

Dn

Awtículo 28

Diplomatic and consular officials

The provisions of this Convention do not affect the tax privileges enjoyed by diplomatic officials in accordance with the general principles of international law or under special agreements,

Antique 29 Territorial extension

This Convention may be applied in its present form, or with the necessary amendments, to any of the territories of Denmark which have been specifically excluded from the application of the Convention, if any of the territories referred to above imposes taxes of a similar nature to those to which this Convention applies. This extension shall have effect from the date and subject to the modifications and conditions, including those relating to its termination, which shall be established by mutual agreement between the Contracting States by means of the exchange of diplomatic notes.

Entry into force

1. The Convention shall enter into force fifteen days after the exchange of notes proving that each Contracting State has complied with the constitutional procedure required for the entry into force of each State, and its provisions shall apply for the first time.

(a) With regard to taxes withheld from the source, where the accrual occurs on or after 1 January of the calendar year following the entry into force of the Convention;

(b) With regard to other income taxes, in respect of income obtained in the calendar year following the entry into force of the Convention;

(e) With regard to taxes on the mother child, the tax payable in the calendar year following the entry into force of the Convention.

2. The provisions of Article 8 shall apply for the first time to taxes on profits from the operation of ships or aircraft in international traffic obtained in 1966. -

3. The provisions of Article 19.(1) shall apply for the first time to income obtained in 1970,

Termination

This Convention shall remain in force until: denounced by any of the Contracting States. Any Contracting State may denounce the Convention by diplomatic means, at least months before the end of any subsequent Hatural Year 2 1975, in which case the Convention shall cease to have effect:

(a) as regards withholding taxes at the source, where the accrual occurs on or after 1 January of the calendar year following the year in which the complaint is communicated;

D) As regards other taxes on income earned on or after 1 January

the calendar year following the year in which the complaint is communicated; or as regards the imp Ane to the tax accrued in the year in which the complaint is communicated.

It's about the natural pattern next to

In faith, the Plenipotentiaries of the two States

ntrantes have signed and sealed this Conven

Or in Copenhagen on July 3, 1972 in languages

in English and English, doing faith all of them equal aha

if the text prevails in . and

or £ Government of Spain, José Manuel Custro-Bial and Ca — the Government of Denmark, K. B, Andersen.

With

No:

evit, rent and

ara

28 January 1974

The following provisions forming part of the Convention have been agreed upon by the undersigned Plenipotentiaries of Spain and Dina Marca:

Article 5 (2) (g)

Where an undertaking of one Contracting State has works of installation or assembly, simultaneously or successively, in the other Contracting State and the duration of the undertaking in question exceeds 12 months, the competent authorities shall decide by amicable agreement whether an establishment exists.

in this other Contracting State.

H. Ad. Articles 6 and 13

1, where a maritime or air navigation undertaking in international traffic is headed by one or more partners, jointly and severally liable, and residents of a Contracting State and one or more partners, jointly and severally liable, and residents of the other con-tracting State and the competent authorities of the two States with the effect that it is impossible to determine whether the effective head office of the undertaking is situated in only one of the Contracting States, the profits referred to in Article 8 (1) and the capital gains referred to in Article 13 (2) (second paragraph) may be reduced to taxation, in proportion to the share held by each of the joint and jointly liable partners, in the State against which the partner is resident,

2. The provisions of Article 8 (1) and No 2 (second paragraph) of Article 13 shall apply, in particular, to the profits or profits of capital obtained by the Danish, Norwegian and Swedish air transport organisation, Scandinavian Airlines System (SAS), but shall apply only to — as regards the profits or profits obtained by the Danish partner in the Scandinavian Airlines System (SAS) in proportion to his participation in the organisation.

1 ad. Article 15

1. The remuneration referred to in Article 2 may be taxed in the Member State in which the employment is exercised if the recipient of the remuneration remains in this State for a period or periods exceeding a total of one hundred and eighty-three days during the fiscal year concerned and including such period or periods.

2. The remuneration referred to in Article 15 (3) may be taxed in the Contracting State in which the ship or aircraft is registered where it is obtained on account of employment carried out on board a ship or aircraft in international traffic operated by an undertaking operated by one or more partners, jointly and jointly responsible, residents of a Contracting State and one or more partners, jointly and jointly liable and resident of the other Contracting State, provided that it is possible to establish that the effective head office of the Enterprise is located only in one of the Contracting States. If the ship or aircraft is not registered in any of the Contracting States, the provisions of Article 15 (1) shall apply.

3. The remuneration referred to in Article 15 (3) for employment carried out on board an aircraft operated in interna-tional traffic by Scandinavian Airlines System (SAS) and obtained by a resident of Di-namarca may only be subject to taxation in that State.

1V. ad Article 30 (2)

The provisions of this number do not oblige the contratani to pay back the taxes already satisfied.

In faith, the Plenipotentiaries of the two Contracting States have signed and sealed this Protocol.

February er Copenhagen on July 3, 1972 in cloth languages! 16s and English, making Te all of them equally except in case of doubt, in which the text in idiomas prevails,

English

For the Government of Spain, Juan Manuel Castro-Rial and Ca. nosa.-For the Government of Denmark, K, B. Andersen.

This Convention entered into force on 20 June 1973.

What is made public for general knowledge

Madrid, January 12, 1974.—The Technical Secretary General of the Ministry of Foreign Affairs, Enrique Thomas de Ca: tanza,