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Withholding tax on dividend from Qatar

Last updated: 09-02-2011

 

Treaty   Qatar
Article   Dividend
Signed   24 April 2008
In force 25 December 2009


1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.

2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that
    State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:

    a. 0% (zero per cent) of the gross amount of the dividends if the beneficial owner is a company the capital of which is wholly or partly divided into shares and
        which holds directly at least 7.5% (seven and a half per cent) of the capital of the company paying the dividends;
    b. 10% (ten per cent) of the gross amount of the dividends in all other cases.
         The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this paragraph.

3. The provisions of paragraph 2 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.

4. The term 'dividends' as used in this Article means income from shares or other rights, not being debt-claims, participating in profits, as well as income from
    other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the
    distribution is a resident.

5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in
    the other Contracting State, of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that
    other State independent personal services from a fixed base situated herein, and the holding in respect of which the dividends are paid is effectively
    connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14 shall apply.

6. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax
    on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which
    the dividends are paid is effectively connected with a permanent establishment or fixed base situated in that other State, nor subject the company's
    undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or
    income arising in such other State.

7. With respect to dividends as meant in subparagraph (a) of paragraph 2 the 0% (zero per cent) rate shall not apply if the main reason or one of the main
    reasons for establishing or maintaining the company in a Contracting State is to ensure the benefits of subparagraph (a) of paragraph 2 of this Article. The
    competent authorities shall consult each other before denying the application of the 0% (zero per cent) rate.

The above information is the wording of the article dealing with the withholding tax on dividends of the tax treaty between The Netherlands and Qatar.  Please note that the ultimate withholding tax rate may differ from the treaty rate, for instance as consequence of domestic anti-abuse legislation, provisions of the treaty protocol, etc. Before you use this information we therefore strongly recommend that you consult us to determine the accurate withholding tax rate for your specific situation. If you require our follow up, you can contact us via e-mail or call us at our offices: Ph. + 31 (10) 2010466.