Protocol Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Maleisië tot het vermijden van dubbele belasting en het voorkomen van het ontgaan van belasting met betrekking tot belastingen naar het inkomen
At the moment of signing the Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, this day concluded between the Government of the Kingdom of the Netherlands and the Government of Malaysia, the undersigned have agreed that the following provisions shall form an integral part of the Agreement.
I. Ad Article 11
Where, for the purposes of Article VII of the Agreement between the Government of Malaysia and the Government of the Republic of Singapore of the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income signed in Singapore on 26th December, 1968;
(a) dividend was paid by a company;
(i) which was resident in both Malaysia and Singapore and the meeting at which the dividend was declared was held in Singapore; or
(ii) which was resident in Singapore and at the time of payment of that dividend the company declared itself to be a resident of Malaysia,
the dividend shall be deemed to have been paid by a company resident in Malaysia;
(b) a dividend was paid by a company;
(i) which was resident in both Malaysia and Singapore and the meeting at which the dividend was declared was held in Singapore; or
(ii) which was resident in Malaysia and at the time of payment of that dividend the company declared itself to be a resident of Singapore,
the dividend shall be deemed to have been paid by a company not resident of Malaysia.
II. Ad Article 12
The term “approved loan” means any loan or other indebtedness approved by the competent authority of Malaysia as being made or incurred for the purpose of financing development projects or for the purchase of capital equipment for development projects in Malaysia. The term “long-term loan” means any loan made or funds deposited as defined in Section 2 of the Income Tax Act, 1967 of Malaysia.
III. Ad Articles 11, 12, 13 and 13A
Where tax has been levied in excess of the amount of tax chargeable under the provisions of Articles 11, 12, 13 and 13A, applications for the restitution of the excess amount to tax have to be lodged with the competent authority of the State having levied the tax, within a period of three years after the expiration of the calendar year in which the tax has been levied.
IV. Ad Article 16
It is understood that “bestuurder” or “commissaris” of a Netherlands company means persons, who are nominated as such by the general meeting of shareholders or by any other competent body of such company and are charged with the general management of the company and the supervision thereof, respectively.
V. Ad Article 19 and 23
It is understood that the provisions of paragraph 1 of Article 19 do not prevent the Netherlands from applying the provisions of paragraphs 1 and 2 of Article 23 of the Agreement.
VI. Ad Article 23
1. Notwithstanding Article 23 of the Agreement, the provisions of paragraph 4 of Article 23 shall cease to have effect for taxable years beginning on or after 1 January of the year 2006. However, the competent authorities of the States may decide by mutual agreement to extend the period of application of paragraph 4 of Article 23 to taxable years beginning on or after 1 January of the year 2006.
2. The provisions of paragraph 4 of Article 23 shall not apply if the debt-claim in respect of which the interest is paid or the right or property giving rise to the royalties was agreed upon or assigned mainly for the purpose of taking advantage of the provisions of paragraph 4 of Article 23 of the Agreement.
- Regeling
- Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Maleisië tot het vermijden van dubbele belasting en het voorkomen van het ontgaan van belasting met betrekking tot belastingen naar het inkomen
- Soort
- Verdrag
- Geldend vanaf
- 19-10-2010
- BWB-id
- BWBV0002801
- Versie
- 2010-10-19_0