dtc agreement between spain and argentina

8/2/2019 DTC agreement between Spain and Argentina

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No. 22715

Vol . 1349,1-22715


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[ T R A N S L A T I O N R A D U C T I O N ]CONVENTION 1 BETWEEN THE GOVERNMENT OF THE KINGDOMOF SPAIN AND THE GOVERNMENT OF THE ARGENTINEREPUBLIC FOR THE AVOIDANCE OF INTERNATIONAL D OUBLE TAXATION RELATING TO THE OPERATION OF MARITIME AND AIR TRANSPORT

The Government of the Kingdom of Spain and th e Government of the Argentine R epublic, desiring to avoid, through a bilateral agreement, international doubletaxation relating to th e operation of maritime and air transport, have agreed as fo llows:This Convention shall apply:In the case of Spain, to taxes on income and o n capital imposed on behalfof the Government of th e Kingdom of Spain.(6 ) In th e case of Argentina, to taxes o n income, o n capital o r o n gains imposedo n behalf of th e Government of th e Argentine Republic.The Convention shall also apply to any identical or substantially similartaxes which are subsequently imposed in addition to , o r in place o f, th e existingtaxes.Fo r th e purposes of this Convention:The term "entreprise of a Contracting State" means an enterprise carriedo n by an individual o r legal entity deemed, fo r ta x purposes, to be a resident of eitherContracting State, in accordance w ith th e laws in force in that State. If the individualo r legal entity is a resident of both Contracting States, fo r th e purposes of this Co nvention, that individual or entity shall be deemed to be a resident of the State inwhich the centre of actual management of th e enterprise is situated.The term "operation of maritime and air transport" means internationaltransport by se a o r air of persons, l ivestock and fish, mail o r g o o d s carried out by th eowner , charterer or hirer of ships o r aircraft.

The term "international transport" means any transport by a ship o r aircraft operated by an enterprise of a Contracting State, except when th e ship o r aircraft is operated solely between two places situated in th e other Contracting Party.The terms "a Co ntracting State" and "the other Co ntracting State" refer toArgentina and Spain as th e context of th e Convention requires.The term "competent authorities" refers, in th e case of Argentina, to th eMinistry of Economic Affairs (Secretariat of State fo r Finance) and, in th e case ofSpain, to the M inistry of Finance o r any other authority designated by the M inister.1. Fo r th e purpose of th e implementation of this Convention by a

Co ntracting State, any term not denned herein shall, unless the context of the Con-1 Came into force o n 1 1 February 1983, i.e., 30 days after th e exchange of the instruments of ratification, which tookplace at Madrid on 12 January 1983, in accordance with article 7.

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vention otherwise requires, have the meaning which it has under the tax laws of thatState.2. The competent authorities m ay hold consultations whenever they deem itnecessary, with a view to ensuring the mutual application and implementation of th eprinciples and provisions of this Convent ion.3. Either Contracting State m ay request such consultations, and meetings fo rth e purpose of holding them within th e framework of a Joint Co mm ission shall beginwithin 60 days from th e date of the request, which shall be transmitted through th ediplomatic channel, as shall requests fo r th e other consultations and negotiationsreferred to in this instrument.

1. Income from th e operat ion of international transport earnedby maritime and air transport enterprises shall be taxable only in th e ContractingState of which th e said enterprises are residents.2. The same rule shall be applicable to profits derived by an enterprise of aCo ntracting S tate fro m participatio n in joint activities o r p o o l s of any kind fo r th eoperation of maritime and air transport.3. Income from the sale of movable and immovable property belonging to international transport enterprises which is assigned directly to that particular line ofbusiness shall be taxable only in the Co ntracting State of which th e said enterprisesare residents.4 . Income fro m the sale of ships o r aircraft assigned to international transportshall be taxable only in th e Co ntracting S tate of which th e enterprise that o w n s th esaid ships o r aircraft is a resident.

Capital belonging to international transport enterprises w hich is assigned directly to that particular line of business shall be taxable only in th e Contracting State of which the enterprise that o w n s th e said capital is a resident.The competent authorities of th e Contracting States may exchangeinformation which they deem to be necessary fo r th e implementation of this Convent ion.This Convention shall enter into force on the thirtieth day fol lowingth e exchange of th e instruments of ratification and shall thereupon have effect as

regards income earned o r capital owne d o n o r after th e first day of January of th eyear fol lowing that in which th e exchange of th e instruments of ratification takesplace.This Convention shall remain in force until denounced by o ne ofth e Contracting States. Either Contracting State may denounce the Convention,through th e diplomatic channel, by giving notice of termination at least six monthsbefore th e end of any calendar year.In such event, th e Convention shall cease to have effect in th e fiscal year beginning on o r after th e first day of January in th e calendar year next fol lowing that inwhich th e notice is given.

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A B R O G A T I O N P R O V I S I O NThis Convention abrogates and replaces the Agreement fo r the Avoidance ofDouble Taxation of Incom e Derived from Sea and A ir Transport signed between thetw o countries on 3 1 December 1948.S I G N E D by th e respective Governments in Buenos Aires, o n 30 November 1978, in tw o original copies, both being equally authentic.

Fo r the Government Fo r the Governmentof th e Kingdom of Spain: of th e Argentine Republic:M A R C E L I N O O R E J A A G U I R R E C A R L O S W . P A S T O RMinister fo r Foreign Affairs Minister fo r Foreign Affairs

and Public WorshipADDITIONAL PROTOCOL TO THE CONVENTION OF 30 N O V E M B E R 1978FOR THE A V O I D A N CE OF INTERNATIONAL DOUBLE TAXATION R ELATING TO THE OPERATION OF MARITIME A ND AIR TRANSPORT

W h e n signing th e Convention between the Government of th e Kingdom ofSpain and the Government of th e Argentine Republic fo r the Avoidance of DoubleTaxation relating to th e Operation of Maritime and A ir Transport the undersigned,duly authorized thereto, agreed that th e fol lowing provisions shall form an integralpart of this Convention.

1 . Notwithstanding the provisions of article 7, this Convention shall haveeffect in the Argentine Republic with regard to capital taxes fo r any fiscal year fo rwhich ta x obligations are not subject to prescription.2. The provisions of this Convention shall also be applicable, on th e basis ofreciprocity, to any taxes o r charges o n gross income o r patents levied o n income-generating activities within the jurisdiction of the mu nicipality of th e city of BuenosAires and in th e national territory of Tierra del Fuego, Antarctica and the SouthAtlantic islands.Notwithstanding the provisions of article 7, this clause shall have effect fo r anyfiscal year fo r which tax obligations are no t subject to prescription.

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dtc agreement between spain and argentina

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