Witholding tax on dividend from Jordanie
Treaty | Jordanie |
Article | Dividend |
Signed | 30 October 2006 |
In force | 16 August 2007 |
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) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 per cent of the capital of the company
paying the dividends;
b) 15 per cent of the gross amount of the dividends in all other cases.
3. However, the provisions of paragraph 2 will not be applicable if the relationship between the company paying the dividends and the person receiving the
dividends is established or maintained virtually only for the purpose of taking advantage of this Article and not for bona fide commercial reasons. In case
a State intends to apply this paragraph, its competent authority shall in advance consult with the competent authority of the other State.
4. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of paragraph 2.
5. 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.
6. The term ‘‘dividends’’ as used in this Article means income from shares, ‘‘jouissance’’ shares or ‘‘jouissance’’ rights, mining shares, founders’ shares
or other rights participating in profits, as well as income from debt-claims participating in profits and 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.
7. The provisions of paragraphs 1, 2 and 9 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 therein, 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, as the case may be, shall apply.
8. 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 a 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.
9. Notwithstanding the provisions of paragraphs (1), (2) and (8), dividends paid by a company whose capital is divided into shares and which under the laws of
a State is a resident of that State, to an individual who is a resident of the other State may be taxed in the first-mentioned State in accordance with the laws of
that State if that individual – either alone or with his or her spouse – or one of their relations by blood or marriage in the direct line directly or indirectly holds at
least 5 per cent of the issued capital of a class of shares in that company. This provision shall apply only if the individual to whom the dividend is paid has
been a resident of the first-mentioned State in the course of the last ten years preceding the year in which the dividend is paid and provided that, at the time
he became a resident of the other State, the above-mentioned conditions regarding share ownership in the said company were satisfied. In cases where,
under the domestic laws of the first-mentioned State, an assessment has been issued to the individual to whom the dividend is paid in respect of the
alienation of the aforesaid shares deemed to have taken place at the time of his emigration from the first-mentioned State, the above shall apply only as long
as part of the assessment is still outstanding.
The above information is the wording of the article dealing with the withholding tax on dividends of the tax treaty between The Netherlands and Jordanie. 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.