Article 25 Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Spaanse Staat tot het vermijden van dubbele belasting met betrekking tot belastingen naar het inkomen en het vermogen
Methods for elimination of double taxation
1 The Netherlands, when imposing tax on its residents, may include in the basis upon which such taxes are imposed the items of income or capital, which according to the provisions of this Convention may be taxed in Spain.
2 Without prejudice to the application of the provisions concerning the compensation of losses in the unilateral regulations for the avoidance of double taxation the Netherlands shall allow a deduction from the amount of tax computed in conformity with the first paragraph of this Article equal to such part of that tax which bears the same proportion to the aforesaid tax, as the part of the income or capital which is included in the basis mentioned in the first paragraph of this Article and may be taxed in Spain according to Articles 6, 7, 10, paragraph 6, 11, paragraph 4, 12, paragraph 5, 14, paragraphs 1 and 2, 15, 16, paragraph 1, 17, paragraph 1, 18, 20 and 24, paragraphs 1 and 2, of this Convention bears to the total income or capital which forms the basis meant in the first paragraph of this Article.
Further the Netherlands shall allow a deduction from the Netherlands tax so computed for such items of income, as may be taxed in Spain according to Articles 10, paragraph 2, 11, paragraph 2, and 12, paragraph 2, and are included in the basis meant in the first paragraph of this Article. The amount of this deduction shall be the lesser of the following amounts:
a) the amount equal to the Spanish tax;
b) the amount of the Netherlands tax which bears the same proportion to the amount of tax computed in conformity with the first paragraph of this Article, as the amount of the said items of income bears to the amount of income which forms the basis meant in the first paragraph of this Article.
3 Where a resident of Spain derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in the Netherlands, Spain shall, subject to the provisions of paragraph 4, exempt such income or capital from tax but may, in calculating tax on the remaining income or capital of that person, apply the rate of tax which would have been applicable if the exempted income or capital had not been so exempted.
4 Where a resident of Spain derives income which, in accordance with the provisions of Articles 10, paragraphs 2 and 3, 11, paragraph 2, and 12, paragraph 2, may be taxed in the Netherlands and is not exempt from Spanish tax, Spain shall allow as a deduction from the tax on the income of that person an amount equal to the tax paid in the Netherlands. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is appropriate to the income derived from the Netherlands. In these cases the tax paid in the Netherlands shall also be allowed as a deduction against the corresponding Spanish prepayment taxes, in accordance with the provisions of the preceding sentences.
5 If, in conformity with the Spanish legislation, losses suffered by an enterprise in a permanent establishment situated in the Netherlands, have effectively been deducted from the profits of that enterprise for the determination of its tax in Spain, the exemption provided for in paragraph 3 shall not apply to the profits of other taxable periods, attributable to that permanent establishment, in so far as such profits have also been exempted from tax in the Netherlands in any taxable period, by reason of the deduction of the losses referred to above from such profits.
- Regeling
- Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Spaanse Staat tot het vermijden van dubbele belasting met betrekking tot belastingen naar het inkomen en het vermogen
- Soort
- Verdrag
- Geldend vanaf
- 20-09-1972
- BWB-id
- BWBV0003462
- Versie
- 1972-09-20_0