বাংলাদেশ গেজেট, অতিরিক্ত, জানুয়ারী ২, ১৯৯৪ Dů. - of a permanent establishment as well as to dividends paid by a company; provided that the resident of the Federal Republic of Germany concerned does not prove that the receipts of the permanent establishment or company are derived exclusively or almost exclusively: (aa) from producing or selling goods or merchandise, giving technical advice or rendering engineering services, or ding or banking or insurance business, within Bangladesh ; or (bb) from dividends paid by one for more companies, being residents of Bangladesh, more than 25 per cent of the capital of which is owned by the first-mentioned company, which themselves derive their receipts exclusively or almost exclusively from producing or selling goods or merchandise, giving technical advice or rendering engineering services, or doing banking or insurance business within Bangladesh. In such a case Bangladesh tax payable under the laws of Bangladesh and in accordance with this Agreement on the abovementioned items of income shall. subject to the provisions of German tax law regarding credit for foreign tax, be allowed as a credit against German income or corporation tax payable on such items of income. 2. Tax shall be determined in the case of a resident of Bangladesh as follows : (a) (b) Unless the provisions of sub-paragraph (b) apply, there shall be excluded from the basis upon which Bangladesh tax is imposed, any item of income arising in the Federal Republic of Germany which, according to this Agreement, may be taxed in the Federal Republic of Germany, whether or not so taxed. Bangladesh, 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 Bangladesh by a company being a resident of the Federal Republic of Germany at least 25 percent of the capital of which is owned directly by the Bangladesh company. Subject to the provisions of Bangladesh tax law regarding credit for foreign tax, there shall be allowed as a credit against Bangladesh tax payable, in respect of the following items of income arising in the Federal Fepublic of Germany the German tax paid under the laws of the Federal Republic of Germany and in accordance with this Agreemont on . (aa) profits to which Article 2 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;
