Documents

DTC agreement between Italy and Russian Federation

Description
CONVENTION BETWEEN THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL AND THE PREVENTION OF FISCAL EVASION THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF THE RUSSIAN FEDERATION Desiring to conclude a Convention to avoid double taxation with respect to taxes on income and to prevent fiscal evasion and with a view to promote economic co-operation between the two count
Categories
Published
of 16
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Transcript
   1 CONVENTION BETWEENTHE GOVERNMENT OF THE ITALIAN REPUBLICAND THE GOVERNMENT OF THE RUSSIAN FEDERATIONFOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ONINCOME AND ON CAPITAL AND THE PREVENTION OF FISCAL EVASION THE GOVERNMENT   OF THE ITALIAN REPUBLICANDTHE GOVERNMENT OF THE RUSSIAN FEDERATIONDesiring to conclude a Convention to avoid double taxation with respect to taxes on income and toprevent fiscal evasion and with a view to promote economic co-operation between the twocountries,Have agreed as follows:  Art. 1. Personal scope. - This Convention shall apply to persons who are residents of one or both of the Contracting States.  Art. 2. Taxes covered. - 1) This Convention shall apply to taxes on income imposed on behalf of each Contracting State or of its political or administrative subdivisions or local authorities,irrespective of the manner in which they are levied.2) There shall be regarded as taxes on income and on capital all taxes imposed on total income, ontotal capital or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation.3) The existing taxes to which the Convention shall apply are in particular:a) In the case of Italy:(1) the personal income tax (l’imposta sul reddito delle persone fisiche);(2) the corporate income tax (l’imposta sul reddito delle persone giuridiche);(3) the local income tax (l’imposta locale sui redditi);(4) the net worth tax on enterprises (l’imposta sul patrimonio netto delle imprese),whether or not they are collected by withholding at source (hereinafter referred to as “Italian tax”),b) In the case of the Russian Federation :(1)   tax on profits (income) of enterprises and organisations;(2)   the income tax on individuals;(3) tax on property of enterprises;(4)   taxes on property of individuals (hereinafter referred to as “Russian tax”).   2 4) This Convention shall also apply to any identical or substantially similar taxes which areimposed after the date of signature of this Convention in addition to, or in place of, the existingtaxes. The competent authorities of the Contracting States shall notify each other of any significantchanges which have been made in their respective taxation laws.  Art. 3. General definitions. - 1) In this Convention, unless the context otherwise requires:a) the term «Italy» means the Italian Republic and, when used in geographical sense, means itsterritory, including internal waters, territorial sea and air space over them and includes any areabeyond the territorial waters of Italy which, in accordance with international law and the laws of Italy concerning the exploration and exploitation of natural resources, may be designated as an areawithin which the rights of Italy, with respect to the seabed and subsoil and natural resource, may beexercised;b) the term “Russia” means the Russian Federation and, when used in a geographical sense, meansits territory, including internal waters and territorial sea , air space over them as well as exclusiveeconomic zone and continental shelf where the Russian federation has sovereign rights andexercises jurisdiction in conformity with the international and federal law;c) the terms «a Contracting State» and «the other Contracting State» mean Italy or Russia , as thecontext requires;d) the term «person» includes an individual, a company and any other body of persons;e) the term «company» means any body corporate or any entity which is treated as a body corporatefor tax purposes;f) 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 enterprisecarried on by a resident of the other Contracting State;g) the term « international traffic » means any transport by a ship or aircraft operated by anenterprise which is a resident of a Contracting State, except when the ship or aircraft is operatedsolely between places in the other Contracting State;h) the term «nationals» means:i) all individuals possessing the citizenship of a Contracting State;ii) all legal persons, partnerships and associations deriving their status   as such from the laws inforce in a Contracting State;i) the term «competent authority» means:i)   in the case of Italy, the Ministry of Finance;ii)   in the case of Russia, the Ministry of Finance of the Russian Federation or its authorisedrepresentatives.2) As regards the application of the Convention by a Contracting State   any term not defined thereinshall, unless the context otherwise requires, have the meaning which it has under the law of thatContracting State concerning the taxes to which the Convention applies.   3  Art 4. Resident. - 1) For the purposes of this Convention, the term “resident of a Contracting State”means any person who, under the law 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.But this term 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 ContractingStates, then his status shall be determined as follows:a)   he shall be deemed to be a resident of the Contracting State in which he has a permanent homeavailable to him. If he has a permanent home available to him in both Contracting States, he shall bedeemed to be a resident of the Contracting State with which his personal and economic relations arecloser (centre of vital interests);b)   if the Contracting State in which he has his centre of vital interests cannot be determined, or if hehas not a permanent home available to him in either Contracting State, he shall be deemed to be aresident of the Contracting State in which he has an habitual abode;c) if he has an habitual abode in both Contracting States or in neither of them, he shall be deemed tobe a resident of the Contracting State of which he is a national;d) if he is a national of both Contracting 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 residentof both Contracting States, then it shall be deemed to be a resident of the State in which its place of effective management is situated.  Art. 5. Permanent establishment. - 1) For the purposes of this Convention, the term permanentestablishment” means a fixed place of business in which the business of the enterprise is wholly orpartly carried on.2) The term permanent establishment shall include especially: a)   a place of management; b)   a branch; c)   an office; d)   a factory; e)   a workshop;  f ) a mine, quarry or other place of extraction of natural resource; g) a building site or construction or assembly project or an installation which exists more than 12months.   4 3) The term “permanent establishment” shall not be deemed to include:a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandisebelonging to the enterprise;b) the maintenance of a stock of goods or merchandise belonging to enterprise solely for thepurpose of storage , display or delivery ;c) the maintenance of a stock of goods or merchandise belonging to enterprise solely for thepurpose of processing by another enterprise;d) the maintenance of a fixed place of business solely for the purpose of purchasing goods ormerchandise, or of collecting information, for the enterprise;e) the maintenance of a fixed place of business solely for the purpose of advertising, for the supplyof information, for scientific research or for similar activities which have a preparatory or auxiliarycharacter, for the enterprise.4) A person acting in a Contracting State on behalf of an enterprise of the other Contracting State -other than an agent of an independent status to whom paragraph 5 applies - shall be deemed to apermanent establishment in the first-mentioned State if he has, and habitually exercises, in thatState, an authority to conclude contracts in the name of the enterprise, unless his activities arelimited to the purchase of goods or merchandise for the enterprise.5) An enterprise of a Contracting State shall not be deemed to have a permanent establishment inthe other Contracting State merely because it carries on business in that other State through abroker, general commission agent or any other agent of an independent status, where such person isacting in the ordinary course of their business.6) The fact that a company which is a resident of a Contracting State controls or is controlled by acompany which is a resident of the other Contracting State, or which carries on business in thatother State (whether through a permanent establishment or otherwise), shall not of itself constituteeither company a permanent establishment of the other.  Art. 6. Income from immovable property. - 1) Income derived by a resident of a Contracting Statefrom immovable property (including income from agriculture or forestry) situated in the otherContracting State may be taxed in that other State.2) The term “immovable property” shall be defined in accordance with the law of the ContractingState in which the property in question is situated. The term shall in any case include propertyaccessory to immovable property, livestock and equipment used in agriculture, and forestry, rightsto which the provisions of general law respecting landed property apply. Usufruct of immovableproperty and rights to variable or fixed payments as consideration for the working of, or the right, towork, mineral deposits, sources and other natural resources shall also   be considered as “immovableproperty”. Ships, boats and aircraft shall not be regarded as immovable property.3) The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use inany other form of immovable property.
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x