DTC agreement between Spain and Argentina

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No. 22715 SPAIN and ARGENTINA Convention for the avoidance of international double taxa tion relating to the operation of maritime and air trans port (with additional protocol). Signed at Buenos Aires on 30 November 1978 Authentic text: Spanish. Registered by Spain on 21 February 1984. ESPAGNE et ARGENTINE Convention tendant à éviter la double imposition inter nationale des revenus provenant de l'exploitation des transports maritimes et aériens (avec protocole addi tionnel). Signée à Buenos Ai
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  No. 22715 Vol. 1349,1-22715  [TRANSLATION RADUCTION] CONVENTION 1 BETWEEN THE GOVERNMENT OF THE KINGDOM OF SPAIN AND THE GOVERNMENT OF THEARGENTINEREPUBLIC FOR THE AVOIDANCE OF INTERNATIONAL DOU BLE TAXATION RELATING TO THE OPERATION OF MARI TIME AND AIR TRANSPORT The Government of the Kingdom of Spain and the Government of the Argen tine Republic,desiring to avoid, through a bilateral agreement, international double taxation relating to the operation of maritime and air transport, have agreed as fol lows: This Convention shall apply: In the case of Spain, to taxes on income and on capital imposed on behalf of the Government of theKingdom of Spain. (6) In the case of Argentina, to taxes on income, on capital or on gains imposed on behalf of the Government of the Argentine Republic. The Convention shall alsoapply to any identical or substantially similartaxes which are subsequently imposed in addition to, or in place of, the existingtaxes. For the purposes of this Convention: The term entreprise of a Contracting State means an enterprise carriedon by an individual or legal entity deemed, for taxpurposes,to be a resident of either ContractingState, in accordance with the laws in force in that State. If the individual or legal entity is a resident of both Contracting States, for the purposes of this Convention, that individual or entity shall be deemed to be a resident of the State in which the centre of actual management of the enterprise is situated. Theterm operation of maritime and air transport means international transport by sea or air of persons, livestock and fish, mail or goods carried out by theowner, chartereror hirer of ships or aircraft. The term international transport means any transport by a ship orair craft operated by an enterprise of a ContractingState, except when the ship or air craft is operated solely between two places situated in the other Contracting Party. The terms a Contracting State and the other Contracting State refer toArgentina and Spain as the context of the Convention requires.The term competent authorities refers, in the case of Argentina, to theMinistry of Economic Affairs (Secretariat of State for Finance) and, in the case of Spain, to the Ministry of Finance orany otherauthority designated by the Minister. 1. For the purpose of the implementation of this Convention by a Contracting State, any term not denned herein shall, unless the context of the Con- 1 Came into force on 11 February 1983, i.e., 30 days after the exchange of the instruments of ratification, which took place at Madrid on 12 January 1983, in accordance with article 7. Vol. 1349,1-22715  vention otherwise requires, have the meaning which it has under the tax laws of that State. 2. The competent authorities may hold consultations whenever they deem it necessary, with a view to ensuring the mutualapplication and implementation of theprinciples and provisions of this Convention. 3. Either Contracting State may request such consultations, and meetings for the purpose of holding them within the framework of a Joint Commission shall begin within 60 days from the date of the request, whichshall be transmitted through thediplomatic channel, as shall requests for the other consultations and negotiations referred to in this instrument. 1. Income from the operation of international transport earnedbymaritime and air transport enterprises shallbe taxable only in the Contracting State of which the said enterprises are residents. 2. The same rule shall be applicable to profits derived by an enterprise of aContracting State from participation in joint activities or pools of any kind for the operation of maritime and air transport. 3. Income from the sale of movable and immovable property belonging to in ternational transport enterprises which is assigned directly to that particular line of business shall be taxable only in the Contracting State of which the said enterprises are residents. 4. Income from the sale of ships or aircraft assigned to international transport shall be taxable only inthe Contracting State of which theenterprise that owns the said ships or aircraft is a resident. Capital belonging tointernational transport enterprises which is assigned directly to that particular line of business shall be taxable only in the Contract ing State of which the enterprise that owns the said capital is a resident.The competent authorities of the Contracting States may exchange information which theydeem to be necessary for the implementation of this Conven tion. This Convention shall enter into force on the thirtieth day following the exchange of the instruments of ratificationand shall thereupon have effect as regards income earned or capital owned on or after the first day of January of the year following that in which the exchange of the instruments of ratification takes place.This Convention shall remainin forceuntil denounced by one of the Contracting States. Either Contracting State may denounce the Convention, through the diplomatic channel, by giving notice of termination at least six monthsbefore the end of any calendar year.In such event, the Convention shall cease to have effect in the fiscal year beginning on or after the first day of January in thecalendar year next following that in which the notice is given. Vol. 1349,1-22715  ABROGATION PROVISION This Convention abrogates and replaces the Agreement for the Avoidance of Double Taxation of Income Derived from Sea and Air Transport signed between thetwo countries on 31 December 1948. SIGNED by the respective Governments inBuenos Aires, on 30 No vember 1978, in two srcinal copies, both being equally authentic.For the Government For the Government of the Kingdom of Spain: of the Argentine Republic: MARCELINO OREJA AGUIRRE CARLOS W. PASTOR Minister for Foreign Affairs Minister for Foreign Affairs and Public Worship ADDITIONAL PROTOCOL TO THE CONVENTION OF 30 NOVEMBER 1978 FOR THE AVOIDANCE OF INTERNATIONAL DOUBLE TAXATION RE LATING TO THE OPERATION OF MARITIME AND AIR TRANSPORT When signing the Convention between the Government of the Kingdom of Spain and the Government of the Argentine Republic for the Avoidance of Double Taxation relating to the Operation of Maritime and Air Transport the undersigned, duly authorized thereto, agreed that the followingprovisionsshall form an integral part of this Convention. 1. Notwithstanding the provisions of article 7, this Convention shallhave effect in the Argentine Republicwith regard to capital taxes for any fiscal year for which tax obligations are not subject to prescription. 2. The provisions of this Convention shall alsobe applicable, on the basis of reciprocity, to any taxes or charges on gross income or patents levied on income- generating activities within the jurisdiction of the municipality of the city of BuenosAires and in the national territory of Tierra del Fuego, Antarcticaand the South Atlantic islands. Notwithstanding the provisions of article 7, this clause shall have effect for any fiscal year for which tax obligations are not subject to prescription. Vol.1349,1-22715
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