Witholding tax on interest from Saudi Arabia
Treaty | Saudi Arabia |
Article | Interest |
Signed | 13 October 2008 |
In force | Not yet entered into force |
1. Income from debt-claims arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
2. However, such income from debt-claims may also be taxed in the Contracting State in which it arises, and according to the law of that State, but if the recipient
is the beneficial owner of the income from debt-claims, the tax so charged shall not exceed 5 percent of the gross amount of the income from debt-claims.
The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation.
3. Notwithstanding the provisions of paragraph 2 of this Article, income from debt-claims arising in a Contracting State and paid to a resident of the other
Contracting State, being the beneficial owner of such income, shall be taxable only in that other Contracting State if such income:
a. is paid by the Government of a Contracting State, a political or administrative subdivision or local authority thereof; or
b. is paid to the Government of the other Contracting State, a political or administrative subdivision or a local authority thereof; or
c. is paid to the central bank of the other Contracting State or a corporate body (including financial institutions) controlled or owned by that State, a political
or administrative subdivision or local authority thereof.
4. The term 'Income from Debt-Claims' as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or
not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including
premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as income from debt-claims
for the purpose of this Article.
5. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the income from debt-claims, being a resident of a Contracting
State, carries on business in the other Contracting State, in which the income from debt-claims arises, through a permanent establishment situated therein,
or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which such income from
debt-claims is paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the
case may be, shall apply.
6. Income from debt-claims shall be deemed to arise in a Contracting State when the payer is that State itself, a political or administrative subdivision, a local
authority or a resident of that State. Where, however, the person paying such income, whether he is a resident of a Contracting State or not, has in a
Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which such income is paid was incurred, and
such income is borne by such permanent establishment or fixed base, then such income shall be deemed to arise in the State in which the permanent
establishment or fixed base is situated.
7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the
income from debt-claims, having regard to the debtclaim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the
beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the lastmentioned amount. In such case, the excess part
of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
The above information is the wording of the article dealing with the withholding tax on interest of the tax treaty between The Netherlands and Saudi Arabia. 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.