Protocol to the Convention between the Kingdom of the Netherlands and the Kingdom of Thailand for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance Verdrag tussen het Koninkrijk der Nederlanden en het Koninkrijk Thailand tot het vermijden van dubbele belasting met betrekking tot belastingen naar het inkomen en het voorkomen van het ontduiken en ontwijken van belasting
With respect to the Convention concluded between the Kingdom of the Netherlands and the Kingdom of Thailand for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance,
the undersigned have agreed that the following provisions shall form an integral part of the Convention.
I. AD ARTICLE 1
1. It is understood that a Dutch Tax Exempt Investment Institution (“Vrijgestelde Beleggingsinstelling”) is not a resident of one or both of the Contracting States.
2. Notwithstanding the provisions of this Convention, the Netherland shall not be prevented from applying its domestic law with respect to an interest in a Tax Exempt Investment Institution (“Vrijgestelde Beleggingsinstelling”), but if the beneficial owner of such an interest is a resident of Thailand, the tax so charged shall not exceed 15 per cent of the gross amount of the income taxed.
II. AD ARTICLE 3
It is understood that in the case of Thailand:
1. the term “person” also includes any entity treated as a taxable unit under the taxation laws in force in Thailand;
2. the term “recognised pension fund” shall not include the Retirement Mutual Fund (RMF) or any entity or arrangement established after the date of signature of the Convention that has similar characteristics.
III. AD ARTICLE 4
It is understood that a Fiscal Investment Institution (“Fiscale Beleggingsinstelling”) is a resident of the Netherlands under this Convention.
IV. AD ARTICLES 5, 6, 7 AND 13
It is understood that rights to the exploration and exploitation of natural resources shall be regarded as immovable property located in the Contracting State to whose territorial sea and any area beyond and adjacent to its territorial sea within which that State, in accordance with international law, exercises jurisdiction or sovereign rights, including the seabed and subsoil thereof, these rights apply, and that these rights are regarded as assets of a permanent establishment in that State. Furthermore, it is understood that the aforementioned rights include rights to interests in, or benefits from assets that arise from, that exploration or exploitation.
V. AD ARTICLES 10 AND 13
It is understood that income received in connection with the (partial) liquidation of a company or a purchase of own shares by a company is treated as income from shares.
VI. AD ARTICLES 4, 11 AND 13
1. In the case of Thailand, the term “recognised pension fund as agreed between the competent authorities of the Contracting States” shall include:
(i) Social Security Act, B.E. 2533 (1990);
(ii) Government Pension Fund Act B.E. 2539 (1996);
(iii) Private School Act, B.E. 2550 (2007);
(iv) Provident Fund Act, B.E. 2530 (1987);
(v) National Savings Fund Act, B.E. 2554 (2011);
(vi) Any identical or substantially similar funds which are established pursuant to legislation introduced after the date of signature of the Convention in addition to, or in place of, the existing funds.
2. In the case of the Netherlands, the term “recognised pension fund as agreed between the competent authorities of the Contracting States” includes the following funds and any identical or substantially similar funds which are established pursuant to legislation introduced after 1 January 2020:
(i) the Pension Act (Pensioenwet);
(ii) the Mandatory Participation in an Industry-wide Pension Fund (Wet verplichte deelneming in een bedrijfstakpensioenfonds 2000);
(iii) the Mandatory Pensions for Professional Groups Act (Wet verplichte beroepspensioenregeling);
(iv) the Act on the Notary Office (Wet op het notarisambt);
(v) the Act on Financial Supervision (Wet op het financieel toezicht).
VII. AD ARTICLE 18
It is understood that:
1. a pension, other similar remuneration or an annuity shall be deemed to arise in a Contracting State insofar as the contributions or payments associated with that pension or other similar remuneration or annuity, or the entitlements received from that pension or other similar remuneration or annuity, qualified for relief from tax in that State;
2. the provisions of this Article shall also apply to a lump sum payment in lieu of a pension or other similar remuneration or an annuity.
VIII. AD ARTICLE 25
It is understood that the competent authorities of the Contracting States may by mutual agreement settle the mode of application of this Article.
IX. AD ARTICLES 25 and 26
The provisions of Article 25 and Article 26 shall apply accordingly to the income related regulations (“Toeslagen”) of the Netherlands.
- Regeling
- Verdrag tussen het Koninkrijk der Nederlanden en het Koninkrijk Thailand tot het vermijden van dubbele belasting met betrekking tot belastingen naar het inkomen en het voorkomen van het ontduiken en ontwijken van belasting
- Soort
- Verdrag
- Geldend vanaf
- 21-11-2025
- BWB-id
- BWBV0007121
- Versie
- 2025-11-21_0