পাতা:বাংলাদেশ গেজেট, অতিরিক্ত, জানুয়ারী ২, ১৯৯৪.pdf/১৬

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- বাংলাদেশ গেজেট, অতিরিক্স, জানুয়ারী ২, ১৯৯৪ - _-_ Article 22 Relief From Double Taxation 1 Tax shall be determined in the case of a resident of the Federal Republic of Germany as follows : (a) Unless the provisions of sub-paragraph (b) apply, there shall be excluded from the basis upon which German tax is imposed, any item of income arising in Bangladesh which, according to this Agreement, may be taxed in Bangladesh whether or not so taxed. The Federal Republic of Germany, however, retains the right to take into account in the determination of its rate of tax the items of income so excluded. In the case of income from dividends the foregoing provisions shall apply only to such dividends as are paid to a company (not including partnerships) being a resident of the Federal Republic of Germany by a company being a resident of Bangladesh at least 25 per cent of the capital of which is owned direcity by the German comPany. (b) Subject to the provisions of German tax law regarding credit for foreign tax, there shall be allowed as a credit against German income or corporation tax payable, in respect of the following items of income arising in Bangladesh the Bangladesh tax paid under the laws of Bangladesh and in accordance with this Agreement on: (aa) profits to which Article 8 paragraph 2 sub-paragraph (b) applies; (bb) dividends not dealt with in sub-paragraph (a): (cc) interest; (dd) royalties; (ee) remuneration to which Article 16 applies; (fr) income to which Article 17 applies; (gg) income from immovable property to which Article 6 applies. This shall not apply if the immovable property from which such income arises is effectively connected with a permanent establishment referred to in Article 7 and situated in Bangladesh or with a fixed base referred to in Article 14 and situated in Bangladesh unless the provisions of sub-paragraph (d) preclude the application of the provisions of sub-paragraph (a) to the profits of 體 permanent establishment. o - (c) For the purposes of sub-paragraph (b), the Bangladesh tax on dividends, interest and royalties allowed as a credit against German income or corporation tax shall be deemed to be at least 15 per cent of the gross amount of the payment. (d) The provisions of sub-paragraph (a) shall not apply to the profits of a permanent establishment and to the gains from the alienation of movable and immovable property forming part of the business property