DTC agreement between Portugal and Singapore

8/3/2019 DTC agreement between Portugal and Singapore

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AGREEMENT BETWEENTHE REPUBLIC OF SINGAPORE AND

THE PORTUGUESE REPUBLICFOR THE AVOIDANCE OF DOUBLE TAXATION AND

THE PREVENTION OF FISCAL EVASION

WITH RESPECT TO TAXES ON INCOME

Date of Conclusion: 7 September 1999.

Entry into Force: 16 March 2001.

Effective Date: 1 January 2002.** Year of assessment beginning on or after 1 January 2003 (Singapore).

The Republic of Singapore and the Portuguese Republic, desiring to conclude anAgreement for the avoidance of double taxation and the prevention of fiscal evasion withrespect to taxes on income, have agreed as follows:

CHAPTER ISCOPE OF THE AGREEMENT

ARTICLE 1 - PERSONAL SCOPE

This Agreement shall apply to persons who are residents of one or both of theContracting States.

ARTICLE 2 - TAXES COVERED

1. This Agreement shall apply to taxes on income imposed on behalf of a ContractingState or of its political or administrative subdivisions or local authorities, irrespective of themanner in which they are levied.

2. There shall be regarded as taxes on income taxes imposed on total income or on

elements of income, including taxes on gains from the alienation of movable or immovableproperty, taxes on the total amounts of wages or salaries paid by enterprises, as well astaxes on capital appreciation.

3. The existing taxes to which the Agreement shall apply are in particular:

(a) in the case of the Portuguese Republic:

(i) Personal income tax (Imposto sobre o Rendimento das PessoasSingulares - IRS);

(ii) Corporate income tax (Imposto sobre o Rendimento das Pessoas

Colectivas - IRC);

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(iii) Local surtax on corporate income tax (Derrama);

(hereinafter referred to as "Portuguese tax");

(b) in the case of the Republic of Singapore:

the income tax

(hereinafter referred to as "Singapore tax").

4. The Agreement shall apply also to any identical or substantially similar taxes whichare imposed after the date of signature of the Agreement in addition to, or in place of, theexisting taxes. The competent authorities of the Contracting States shall notify each other ofsubstantial changes which have been made in their respective taxation laws.

CHAPTER II

DEFINITIONS

ARTICLE 3 - GENERAL DEFINITIONS

1. For the purposes of this Agreement, unless the context otherwise requires:

(a) the term "Portugal" means the territory of the Portuguese Republic situated inthe European Continent, the Archipelagoes of Azores and Madeira, therespective territorial sea and any other zone in which, according toPortuguese and International Law, the Portuguese Republic has:

(i) sovereign rights for the purpose of exploring and exploiting,conserving and managing the natural resources, whether living ornon-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, or

(ii) jurisdiction with respect to the establishment and use of artificialislands, installations and structures, marine scientific research and theprotection and preservation of the marine environment;

(b) the term "Singapore" means the territories of the Republic of Singapore, theterritorial waters of Singapore and the sea-bed and subsoil of the territorialwaters, and when used in a geographical sense includes any area extending

beyond the limits of the territorial waters of Singapore, and the sea bed andsubsoil of any such area, which has been or may hereafter be designatedunder the laws of Singapore and in accordance with international law as anarea over which Singapore has sovereign rights for the purposes of exploringand exploiting the natural resources, whether living or non-living;

(c) the terms "a Contracting State" and "the other Contracting State" meanPortugal or Singapore as the context requires;

(d) the term "person" includes an individual, a company and any other body ofpersons;

(e) the term "company" means any body corporate or any entity which is treatedas a body corporate for tax purposes;

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(f) the terms "enterprise of a Contracting State" and "enterprise of the otherContracting State" mean respectively an enterprise carried on by a resident ofa Contracting State and an enterprise carried on by a resident of the otherContracting State;

(g) the term "international traffic" means any transport by a ship or aircraftoperated by an enterprise of a Contracting State, except when the ship oraircraft is operated solely between places in the other Contracting State;

(h) the term "competent authority" means:

(i) in Portugal: the Minister of Finance, the Director-General of Taxation(Director-Geral dos Impostos) or their authorised representative;

(ii) in Singapore: the Minister for Finance or his authorised representative;

(i) the term "national" means:

(i) any individual possessing the nationality of a Contracting State;

(ii) any legal person, partnership or association deriving its status as suchfrom the laws in force in a Contracting State.

2. As regards the application of the Agreement at any time by a Contracting State, anyterm not defined therein shall, unless the context otherwise requires, have the meaningwhich it has at that time under the law of that State for the purposes of the taxes to which theAgreement applies, any meaning under the applicable tax laws of that State prevailing overa meaning given to the term under other laws of that State.

ARTICLE 4 - RESIDENT

1. For the purposes of this Agreement, the term "resident of a Contracting State" meansany person who, under the laws of that State, is liable to tax therein by reason of hisdomicile, residence, place of management or any other criterion of a similar nature and alsoincludes that State and any political or administrative subdivision or local authority orstatutory body thereof.

2. Where by reason of the provisions of paragraph 1 an individual is a resident of bothContracting States, then his status shall be determined as follows:

(a) he shall be deemed to be a resident only of the State in which he has apermanent home available to him; if he has a permanent home available tohim in both States, he shall be deemed to be a resident only of the State withwhich his personal and economic relations are closer (centre of vitalinterests);

(b) if the State in which he has his centre of vital interests cannot be determined,or if he has not a permanent home available to him in either State, he shall bedeemed to be a resident only of the State in which he has an habitual abode;

(c) if he has an habitual abode in both States or in neither of them, he shall bedeemed to be a resident only of the State of which he is a national;

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(d) if he is a national of both States or of neither of them, the competentauthorities of the Contracting States shall settle the question by mutualagreement.

3. Where by reason of the provisions of paragraph 1 a person other than an individual isa resident of both Contracting States, then it shall be deemed to be a resident only of theState in which its place of effective management is situated.

ARTICLE 5 - PERMANENT ESTABLISHMENT

1. For the purposes of this Agreement, the term "permanent establishment" means afixed place of business through which the business of an enterprise is wholly or partly carriedon.

2. The term "permanent establishment" includes especially:

(a) a place of management;

(b) a branch;

(c) an office;

(d) a factory;

(e) a workshop, and

(f) a mine, an oil or gas well, a quarry or any other place of extraction of naturalresources.

3. The term "permanent establishment" also includes:

(a) a building site, a construction, installation or assembly project, or supervisoryactivities in connection therewith, but only where such site, project or activitieslast more than 12 months;

(b) the furnishing of services, including consultancy services, by an enterprise ofa Contracting State through employees or other personnel in the otherContracting State for a period or periods aggregating more than 120 dayswithin any twelve-month period.

4. Notwithstanding the preceding provisions of this Article, the term "permanentestablishment" shall be deemed not to include:

(a) the use of facilities solely for the purpose of storage, display or delivery ofgoods or merchandise belonging to the enterprise;

(b) the maintenance of a stock of goods or merchandise belonging to theenterprise solely for the purpose of storage, display or delivery;

(c) the maintenance of a stock of goods or merchandise belonging to theenterprise solely for the purpose of processing by another enterprise;

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(d) the maintenance of a fixed place of business solely for the purpose ofpurchasing goods or merchandise or of collecting information, for theenterprise;

(e) the maintenance of a fixed place of business solely for the purpose ofcarrying on, for the enterprise, any other activity of a preparatory or auxiliarycharacter;

(f) the maintenance of a fixed place of business solely for any combination ofactivities mentioned in sub-paragraphs (a) to (e), provided that the overallactivity of the fixed place of business resulting from this combination is of apreparatory or auxiliary character.

5. Notwithstanding the provisions of paragraphs 1 and 2, where a person -- other thanan agent of an independent status to whom paragraph 6 applies -- is acting on behalf of anenterprise and has, and habitually exercises, in a Contracting State an authority to concludecontracts in the name of the enterprise, that enterprise shall be deemed to have a

permanent establishment in that State in respect of any activities which that personundertakes for the enterprise, unless the activities of such person are limited to thosementioned in paragraph 4 which, if exercised through a fixed place of business, would notmake this fixed place of business a permanent establishment under the provisions of thatparagraph.

6. An enterprise shall not be deemed to have a permanent establishment in aContracting State merely because it carries on business in that State through a broker,general commission agent or any other agent of an independent status, provided that suchpersons are acting in the ordinary course of their business.

7. The fact that a company which is a resident of a Contracting State controls or is

controlled by a company which is a resident of the other Contracting State, or which carrieson business in that other State (whether through a permanent establishment or otherwise),shall not of itself constitute either company a permanent establishment of the other.

CHAPTER IIITAXATION OF INCOME

ARTICLE 6 - INCOME FROM IMMOVABLE PROPERTY

1. Income derived by a resident of a Contracting State from immovable property

(including income from agriculture or forestry) situated in the other Contracting State may betaxed in that other State.

2. The term "immovable property" shall have the meaning which it has under the law ofthe Contracting State in which the property in question is situated. The term shall in any caseinclude property accessory to immovable property, livestock and equipment used inagriculture and forestry, rights to which the provisions of general law respecting landedproperty apply, usufruct of immovable property and rights to variable or fixed payments asconsideration for the working of, or the right to work, mineral deposits, sources and othernatural resources; ships, boats and aircraft shall not be regarded as immovable property.

3. The provisions of paragraph 1 shall apply to income derived from the direct use,letting, or use in any other form of immovable property.

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4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovableproperty of an enterprise and to income from immovable property used for the performanceof independent personal services.

5. The foregoing provisions shall also apply to income from movable property, orincome derived from services connected with the use or the right to use the immovableproperty, either of which, under the taxation law of the Contracting State in which theproperty is situated, is assimilated to income from immovable property.

ARTICLE 7 - BUSINESS PROFITS

1. The profits of an enterprise of a Contracting State shall be taxable only in that Stateunless the enterprise carries on business in the other Contracting State through a permanentestablishment situated therein. If the enterprise carries on business as aforesaid, the profitsof the enterprise may be taxed in the other State but only so much of them as is attributableto that permanent establishment.

2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting Statecarries on business in the other Contracting State through a permanent establishmentsituated therein, there shall in each Contracting State be attributed to that permanentestablishment the profits which it might be expected to make if it were a distinct andseparate enterprise engaged in the same or similar activities under the same or similarconditions and dealing wholly independently with the enterprise of which it is a permanentestablishment.

3. In determining the profits of a permanent establishment there shall be allowed asdeductions expenses which are incurred for the purposes of the permanent establishment,including executive and general administrative expenses so incurred, whether in the State in

which the permanent establishment is situated or elsewhere.

4. Insofar as it has been customary in a Contracting State to determine the profits to beattributed to a permanent establishment on the basis of an apportionment of the total profitsof the enterprise to its various parts, nothing in paragraph 2 shall preclude that ContractingState from determining the profits to be taxed by such an apportionment as may becustomary; the method of apportionment adopted shall, however, be such that the resultshall be in accordance with the principles contained in this Article.

5. No profits shall be attributed to a permanent establishment by reason of the merepurchase by that permanent establishment of goods or merchandise for the enterprise.

6. For the purposes of the preceding paragraphs, the profits to be attributed to thepermanent establishment shall be determined by the same method year by year unlessthere is good and sufficient reason to the contrary.

7. Where profits include items of income which are dealt with separately in otherArticles of this Agreement, then the provisions of those Articles shall not be affected by theprovisions of this Article.

ARTICLE 8 - SHIPPING AND AIR TRANSPORT

1. Profits of an enterprise of a Contracting State from the operation of ships or aircraft ininternational traffic shall be taxable only in that State.

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2. For the purposes of this Article, profits derived from the operation of ships or aircraftin international traffic shall mean profits derived from the transportation by sea or air ofpassengers, mail, livestock or goods carried on by the owners or lessees or charterers of theships or aircraft, including profits derived from:

(a) the sale of tickets for such operation of ships or aircraft on behalf of otherenterprises;

(b) the incidental lease of ships or aircraft used in such transportation;

(c) the use, maintenance or rental of containers (including trailers and relatedequipment for transport of containers) when the profits are incidental to suchoperation of ships or aircraft.

3. The provisions of paragraph 1 shall also apply to profits from the participation in apool, a joint business or an international operating agency.

4. Whenever companies from different countries have agreed to carry on an airtransportation business together in the form of a consortium, the provisions of paragraph 1shall apply to such part of the profits of the consortium as corresponds to the participationheld in that consortium by a company that is a resident of a Contracting State.

ARTICLE 9 - ASSOCIATED ENTERPRISES

1. Where

(a) an enterprise of a Contracting State participates directly or indirectly in themanagement, control or capital of an enterprise of the other Contracting

State, or

(b) the same persons participate directly or indirectly in the management, controlor capital of an enterprise of a Contracting State and an enterprise of theother Contracting State,

and in either case conditions are made or imposed between the two enterprises in theircommercial or financial relations which differ from those which would be made betweenindependent enterprises, then any profits which would, but for those conditions, haveaccrued to one of the enterprises, but, by reason of those conditions, have not so accrued,may be included in the profits of that enterprise and taxed accordingly.

2. Where a Contracting State includes, in accordance with the provisions of paragraph1, in the profits of an enterprise of that State -- and taxes accordingly -- profits on which anenterprise of the other Contracting State has been charged to tax in that other State andwhere the competent authorities of the Contracting State agree, upon consultation, that all orpart of the profits so included are profits which would have accrued to the enterprise of thefirst- mentioned State if the conditions made between the two enterprises had been thosewhich would have been made between independent enterprises, then that other State shallmake an appropriate adjustment to the amount of the tax charged therein on those agreedprofits. In determining such adjustment, due regard shall be had to the other provisions ofthis Agreement.

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ARTICLE 10 - DIVIDENDS

1. Dividends paid by a company which is a resident of a Contracting State to a residentof 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 thecompany paying the dividends is a resident and according to the laws of that State, but if thebeneficial owner of the dividends is a resident of the other Contracting State, the tax socharged shall not exceed 10 per cent of the gross amount of the dividends.

The competent authorities of the Contracting States shall by mutual agreement settlethe mode of application of these limitations.

This paragraph shall not affect the taxation of the company in respect of the profitsout of which the dividends are paid.

3. Notwithstanding the provisions of paragraph 2, dividends paid by a company which is

a resident of a Contracting State to the Government of the other Contracting State shall beexempt from tax in the first- mentioned State.

4. For the purposes of paragraph 3, the term "Government" means:

(a) in Portugal, the Government of Portugal and shall include:

(i) Banco de Portugal;

(ii) IPE-Investimentos e Participacoes Empresariais;

(iii) PARTEST-Participacoes de Estado, SGPS SA;

(iv) a statutory body or any institution wholly or mainly owned by theGovernment of Portugal as may be agreed from time to time betweenthe competent authorities of the Contracting States;

(b) in Singapore, the Government of Singapore and shall include:

(i) the Monetary Authority of Singapore and the Board of Commissionersof Currency;

(ii) the Government of Singapore Investment Corporation Pte-Ltd;

(iii) a statutory body or any institution wholly or mainly owned by theGovernment of Singapore as may be agreed from time to timebetween the competent authorities of the Contracting States.

5. The term "dividends" as used in this Article means income from shares, "jouissance"shares or "jouissance" rights, mining shares, founders' shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which issubjected to the same taxation treatment as income from shares by the laws of the State ofwhich the company making the distribution is a resident. The term also includes profitsattributed under an arrangement for participation in profits (associao em participao).

6. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of thedividends, being a resident of a Contracting State, carries on business in the otherContracting State of which the company paying the dividends is a resident, through a

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permanent establishment situated therein, or performs in that other State independentpersonal services from a fixed base situated therein, and the holding in respect of which thedividends 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.

7. Where a company which is a resident of a Contracting State derives profits or incomefrom the other Contracting State, that other State may not impose any tax on the dividendspaid by the company, except insofar as such dividends are paid to a resident of that otherState or insofar as the holding in respect of which the dividends are paid is effectivelyconnected with a permanent establishment or a fixed base situated in that other State, norsubject 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 orincome arising in such other State.

ARTICLE 11 - INTEREST

1. Interest arising in a Contracting State and paid to a resident of the other ContractingState may be taxed in that other State.

2. However, such interest may also be taxed in the Contracting State in which it arisesand according to the laws of that State, but if the beneficial owner of the interest is a residentof the other Contracting State the tax so charged shall not exceed 10 per cent of the grossamount of the interest.

The competent authorities of the Contracting States shall by mutual agreement settlethe mode of application of this limitation.

3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State

shall be exempted from tax in that State:

(a) if the debtor of such interest is the Government of that State, a political oradministrative subdivision or a local authority or a statutory body thereof; or

(b) if interest is paid to the Government of the other Contracting State, a politicalor administrative subdivision or a local authority or a statutory body thereof; or

(c) if interest is paid to an institution (including a financial institution) inconnection with any financing granted by them under an agreement betweenthe Governments of the Contracting States; or

(d) in respect of loans or credit made by:

(i) in the case of Portugal, Caixa-Geral de Depsitos (CGD), BancoNacional Ultramarino (BNU), IAPMEI-Instituto de Apoio as Pequenase Medias Empresas e ao Investimento, Organismo Coordenador doPOE and ICEP-Investment, Trade and Tourism of Portugal;

(ii) in the case of Singapore, the Development Bank of Singapore, Ltd.

4. The term "interest" as used in this Article means income from debt-claims of everykind, whether or not secured by mortgage and whether or not carrying a right to participate inthe debtor's profits, and in particular, income from government securities and income frombonds or debentures, including premiums and prizes attaching to such securities, bonds or

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debentures. Penalty charges for late payment shall not be regarded as interest for thepurpose of this Article.

5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of theinterest, being a resident of a Contracting State, carries on business in the other ContractingState in which the interest arises, through a permanent establishment situated therein, orperforms in that other State independent personal services from a fixed base situatedtherein, and the debt-claim in respect of which the interest is paid is effectively connectedwith such permanent establishment or fixed base. In such case the provisions of Article 7 orArticle 14, as the case may be, shall apply.

6. Interest shall be deemed to arise in a Contracting State when the payer is a residentof that State. Where, however, the person paying the interest, whether he is a resident of aContracting State or not, has in a Contracting State a permanent establishment or a fixedbase in connection with which the indebtedness on which the interest is paid was incurred,and such interest is borne by such permanent establishment or fixed base, then suchinterest 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 beneficialowner or between both of them and some other person, the amount of the interest, havingregard to the debt-claim for which it is paid, exceeds the amount which would have beenagreed upon by the payer and the beneficial owner in the absence of such relationship, theprovisions of this Article shall apply only to the last-mentioned amount. In such case, theexcess part of the payments shall remain taxable according to the laws of each ContractingState, due regard being had to the other provisions of this Agreement.

ARTICLE 12 - ROYALTIES

1. Royalties arising in a Contracting State and paid to a resident of the otherContracting State may be taxed in that other State.

2. However, such royalties may also be taxed in the Contracting State in which theyarise and according to the laws of that State, but if the beneficial owner of the royalties is aresident of the other Contracting State the tax so charged shall not exceed 10 per cent of thegross amount of the royalties.

The competent authorities of the Contracting States shall by mutual agreement settlethe mode of application of this limitation.

3. The term "royalties" as used in this Article means payments of any kind received as aconsideration for the use of, or the right to use, any copyright of literary, artistic or scientificwork including cinematograph films, and films or tapes for radio or television broadcasting,any patent, trade mark, design or model, plan, secret formula or process, or for the use of, orthe right to use, industrial, commercial or scientific equipment, or for information concerningindustrial, commercial, or scientific experience.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of theroyalties, being a resident of a Contracting State, carries on business in the otherContracting State in which the royalties arise, through a permanent establishment situatedtherein, or performs in that other State independent personal services from a fixed basesituated therein, and the right or property in respect of which the royalties are paid iseffectively connected with such permanent establishment or fixed base. In such case theprovisions of Article 7 or Article 14, as the case may be, shall apply.

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5. Royalties shall be deemed to arise in a Contracting State where the payer is aresident of that State. Where, however, the person paying the royalties, whether he is aresident of a Contracting State or not, has in a Contracting State a permanent establishmentor fixed base in connection with which the obligation to pay the royalties was incurred, andsuch royalties are borne by that permanent establishment or fixed base, then such royaltiesshall be deemed to arise in the State in which the permanent establishment or fixed base issituated.

6. Where, by reason of a special relationship between the payer and the beneficialowner or between both of them and some other person, the amount of the royalties, havingregard to the use, right or information for which they are paid, exceeds the amount whichwould have been agreed upon by the payer and the beneficial owner in the absence of suchrelationship, the provisions of this Article shall apply only to the last-mentioned amount. Insuch case, the excess part of the payments shall remain taxable according to the laws ofeach Contracting State, due regard being had to the other provisions of this Agreement.

ARTICLE 13 - CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immovableproperty referred to in Article 6 and situated in the other Contracting State may be taxed inthat other State.

2. Gains from the alienation of movable property forming part of the business propertyof a permanent establishment which an enterprise of a Contracting State has in the otherContracting State or of movable property pertaining to a fixed base available to a resident ofa Contracting State in the other Contracting State for the purpose of performing independentpersonal services, including such gains from the alienation of such a permanentestablishment (alone or with the whole enterprise) or of such fixed base, may be taxed in

that other State.

3. Gains from the alienation of ships or aircraft operated in international traffic by anenterprise of a Contracting State, or movable property pertaining to the operation of suchships or aircraft, shall be taxable only in that Contracting State.

4. Gains from the alienation of any property other than that referred to in paragraphs 1,2 and 3, shall be taxable only in the Contracting State of which the alienator is a resident.

ARTICLE 14 - INDEPENDENT PERSONAL SERVICES

1. Income derived by an individual who is a resident of a Contracting State from theperformance of professional services or other activities of an independent character shall betaxable only in that State, except in the following circumstances when such income may alsobe taxed in the other Contracting State:

(a) if he has a fixed base regularly available to him in the other Contracting Statefor the purpose of performing his activities; in that case, only so much of theincome as is attributable to that fixed base may be taxed in that otherContracting State; or

(b) if his stay in the other Contracting State is for a period or periods amountingto or exceeding in the aggregate 183 days within any twelve-month period; inthat case, only so much of the income as is derived from his activities

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performed in that other Contracting State may be taxed in that otherContracting State.

2. The term "professional services" includes especially independent scientific, literary,artistic, educational or teaching activities as well as the independent activities of physicians,lawyers, engineers, architects, dentists and accountants.

ARTICLE 15 - DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of Articles 16, 18, 19, 20 and 21, salaries, wages and othersimilar remuneration derived by a resident of a Contracting State in respect of anemployment shall be taxable only in that State unless the employment is exercised in theother Contracting State. If the employment is so exercised, such remuneration as is derivedtherefrom may be taxed in that other State.

2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of

a Contracting State in respect of an employment exercised in the other Contracting Stateshall be taxable only in the first-mentioned State if:

(a) the recipient is present in the other State for a period or periods notexceeding in the aggregate 183 days in any twelve month periodcommencing or ending in the calendar year concerned, and

(b) the remuneration is paid by, or on behalf of, an employer who is not aresident of the other State, and

(c) the remuneration is not borne by a permanent establishment or a fixed basewhich the employer has in the other State.

3. Notwithstanding the preceding provisions of this Article, remuneration derived inrespect of an employment exercised aboard a ship or aircraft operated in international trafficby an enterprise of a Contracting State may be taxed in that Contracting State.

ARTICLE 16 - DIRECTORS' FEES

Directors' fees and other similar payments derived by a resident of a ContractingState in his capacity as a member of the board of directors or supervisory board (in Portugal,conselho fiscal) or of another similar organ of a company which is a resident of the otherContracting State may be taxed in that other State.

ARTICLE 17 - ARTISTES AND SPORTSMEN

1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident ofa Contracting State as an entertainer, such as a theatre, motion picture, radio or televisionartiste, or a musician, or as a sportsman, from his personal activities as such exercised inthe other Contracting State, may be taxed in that other State.

2. Where income in respect of personal activities exercised by an entertainer or asportsman in his capacity as such accrues not to the entertainer or sportsman himself but toanother person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, betaxed in the Contracting State in which the activities of the entertainer or sportsman areexercised.

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3. Notwithstanding the provisions of paragraphs 1 and 2, income derived in respect ofthe activities referred to in paragraph 1 within the framework of any cultural or sportsexchange programme agreed to by both Contracting States shall be exempt from tax in theContracting State in which these activities are exercised.

ARTICLE 18 - PENSIONS

Subject to the provisions of paragraph 2 of Article 19, pensions and other similarremuneration paid to a resident of a Contracting State in consideration of past employmentshall be taxable only in that State.

ARTICLE 19 - GOVERNMENT SERVICE

1.(a) Salaries, wages and other similar remuneration, other than a pension, paid by

a Contracting State or a political or administrative subdivision or a localauthority or a statutory body thereof to an individual in respect of servicesrendered to that State or subdivision or authority or body shall be taxable onlyin that State.

(b) However, such salaries, wages and other similar remuneration shall betaxable only in the other Contracting State if the services are rendered in thatState and the individual is a resident of that State who:

(i) is a national of that State; or

(ii) did not become a resident of that State solely for the purpose of

rendering the services.

2.(a) Any pension paid by, or out of funds created by, a Contracting State or a

political or administrative subdivision or a local authority or a statutory bodythereof to an individual in respect of services rendered to that State orsubdivision or authority or body shall be taxable only in that State.

(b) However, such pension shall be taxable only in the other Contracting State ifthe individual is a resident of, and a national of, that State.

3. The provisions of Articles 15, 16, 17 and 18 shall apply to salaries, wages and other

similar remuneration, and to pensions, in respect of services rendered in connection with abusiness carried on by a Contracting State or a political or administrative subdivision or alocal authority or a statutory body thereof.

ARTICLE 20 - PROFESSORS AND RESEARCHERS

1. An individual who is or was a resident of a Contracting State immediately beforevisiting the other Contracting State solely for the purposes of teaching or scientific researchat a university, college, school, or other similar educational or scientific research institutionwhich is recognised as non-profitable by the Government of that other State, or under anofficial programme of cultural exchange, for a period not exceeding two years from the dateof his first arrival in that other State, shall be exempt from tax in that other State on hisremuneration for such teaching or research.

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2. The preceding provision of this Article shall also apply to an individual who carriesout research within the scope of a scholarship granted by a government, religious,charitable, scientific, literary or educational organization, if such scholarship is exempt fromtax.

ARTICLE 21 - STUDENTS

Payments which a student or business apprentice who is or was immediately beforevisiting a Contracting State a resident of the other Contracting State and who is present inthe first-mentioned State solely for the purpose of his education or training receives for thepurpose of his maintenance, education or training shall not be taxed in that State, providedthat such payments arise from sources outside that State.

ARTICLE 22 - OTHER INCOME

1. Items of income of a resident of a Contracting State, wherever arising, not dealt within the foregoing Articles of this Agreement shall be taxable only in that State.

2. The provisions of paragraph 1 shall not apply to income, other than income fromimmovable property as defined in paragraph 2 of Article 6, if the recipient of such income,being a resident of a Contracting State, carries on business in the other Contracting Statethrough a permanent establishment situated therein, or performs in that other Stateindependent personal services from a fixed base situated therein, and the right or property inrespect of which the income is paid is effectively connected with such permanentestablishment or fixed base. In such case the provisions of Article 7 or Article 14, as thecase may be, shall apply.

3. Notwithstanding the provisions of paragraphs 1 and 2, items of income of a residentof a Contracting State not dealt with in the foregoing Articles of this Agreement and arising inthe other Contracting State may also be taxed in that other State.

ARTICLE 23 - LIMITATION OF RELIEF

1. Where this Agreement provides (with or without other conditions) that income fromsources in Portugal shall be exempt from tax, or taxed at a reduced rate, in Portugal andunder the laws in force in Singapore the said income is subject to tax by reference to theamount thereof which is remitted to or received in Singapore and not by reference to the fullamount thereof, then the exemption or reduction of tax to be allowed under this Agreement

in Portugal shall apply only to so much of the income as is remitted to or received inSingapore.

2. However, this limitation does not apply to income derived by the Government ofSingapore or any person approved by both competent authorities for the purpose of thisparagraph.

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CHAPTER IVMETHODS FOR ELIMINATION OF DOUBLE TAXATION

ARTICLE 24 - ELIMINATION OF DOUBLE TAXATION

1. In the case of Portugal double taxation shall be eliminated as follows:

Where a resident of Portugal derives income which, in accordance with theprovisions of this Agreement, may be taxed in Singapore, Portugal shall allow as adeduction from the tax on the income of that resident an amount equal to the incometax paid in Singapore. Such deduction shall not, however, exceed that part of theincome tax as computed before the deduction is given, which is attributable to theincome which may be taxed in Singapore.

2. In the case of Singapore double taxation shall be eliminated as follows:

Where a resident of Singapore derives income from Portugal which, in accordancewith the provisions of this Agreement, may be taxed in Portugal, Singapore shall,subject to its laws regarding the allowance as a credit against Singapore tax of taxpayable in any country other than Singapore (which shall not affect the generalprinciples hereof), allow the Portuguese tax paid, whether directly or by deduction, asa credit against the Singapore tax payable on the income of that resident. Wheresuch income is a dividend paid by a company which is a resident of Portugal to aresident of Singapore which is a company owning directly or indirectly not less than10 per cent of the share capital of the first-mentioned company, the credit shall takeinto account the Portuguese tax paid by that company on the portion of its profits outof which the dividend is paid.

3. Where in accordance with any provisions of this Agreement income derived by aresident of a Contracting State is exempt from tax in that State, such State maynevertheless, in calculating the amount of tax on the remaining income of such resident, takeinto account the exempted income.

CHAPTER VSPECIAL PROVISIONS

ARTICLE 25 - NON-DISCRIMINATION

1. Nationals of a Contracting State shall not be subjected in the other Contracting Stateto any taxation or any requirement connected therewith which is other or more burdensomethan the taxation and connected requirements to which nationals of that other State in thesame circumstances, in particular with respect to residence, are or may be subjected. Thisprovision shall, notwithstanding the provisions of Article 1, also apply to persons who are notresidents of one or both of the Contracting States.

2. The taxation on a permanent establishment which an enterprise of a ContractingState has in the other Contracting State shall not be less favourably levied in that other Statethan the taxation levied on enterprises of that other State carrying on the same activities.Nothing in this provision shall be construed as obliging a Contracting State to grant toresidents of the other Contracting State any personal allowances, reliefs and reductions fortaxation purposes on account of civil status or family responsibilities which it grants to itsown residents.

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3. Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, orparagraph 6 of Article 12, apply, interest, royalties and other disbursements paid by anenterprise of a Contracting State to a resident of the other Contracting State shall, for thepurpose of determining the taxable profits of such enterprise, be deductible under the sameconditions as if they had been paid to a resident of the first-mentioned State.

4. Enterprises of a Contracting State, the capital of which is wholly or partly owned orcontrolled, directly or indirectly, by one or more residents of the other Contracting State, shallnot be subjected in the first-mentioned State to any taxation or any requirement connectedtherewith which is other or more burdensome than the taxation and connected requirementsto which other similar enterprises of the first-mentioned State are or may be subjected.

5. In this Article, the term "taxation" means taxes which are the subject of thisAgreement.

ARTICLE 26 - MUTUAL AGREEMENT PROCEDURE

1. Where a person considers that the actions of one or both of the Contracting Statesresult or will result for him in taxation not in accordance with the provisions of thisAgreement, he may, irrespective of the remedies provided by the domestic law of thoseStates, present his case to the competent authority of the Contracting State of which he is aresident or, if his case comes under paragraph 1 of Article 25, to that of the ContractingState of which he is a national. The case must be presented within three years from the firstnotification of the action resulting in taxation not in accordance with the provisions of theAgreement.

2. The competent authority shall endeavour, if the objection appears to it to be justifiedand if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual

agreement with the competent authority of the other Contracting State, which a view to theavoidance of taxation which is not in accordance with the Agreement.

3. The competent authorities of the Contracting States shall endeavour to resolve bymutual agreement any difficulties or doubts arising as to the interpretation or application ofthe Agreement. They may also consult together for the elimination of double taxation incases not provided for in the Agreement.

4. The competent authorities of the Contracting States may communicate with eachother directly, including through a joint commission consisting of themselves or theirrepresentatives, for the purpose of reaching an agreement in the sense of the precedingparagraphs.

ARTICLE 27 - EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange such informationas is necessary for carrying out the provisions of this Agreement or of the domestic laws ofthe Contracting States concerning taxes covered by the Agreement insofar as the taxationthereunder is not contrary to the Agreement. Any information received by a ContractingState shall be treated as secret in the same manner as information obtained under thedomestic laws of that State and shall be disclosed only to persons or authorities (includingcourts and administrative bodies) concerned with the assessment or collection of, theenforcement or prosecution in respect of, or the determination of appeals in relation to, thetaxes covered by the Agreement. Such persons or authorities shall use the information only

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for such purposes. They may disclose the information in public court proceedings or injudicial decisions.

2. In no case shall the provisions of paragraph 1 be construed so as to impose on aContracting State the obligation:

(a) to carry out administrative measures at variance with the laws andadministrative practice of that or of the other Contracting State;

(b) to supply information which is not obtainable under the laws or in the normalcourse of the administration of that or of the other Contracting State;

(c) to supply information which would disclose any trade, business, industrial,commercial or professional secret or trade process, or information, thedisclosure of which would be contrary to public policy (ordre public).

ARTICLE 28 - MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Agreement shall affect the fiscal privileges of members of diplomaticmissions and consular posts under the general rules of international law or under theprovisions of special agreements.

CHAPTER VIFINAL PROVISIONS

ARTICLE 29 - ENTRY INTO FORCE

1. This Agreement shall enter into force on the thirtieth day after the date on whichdiplomatic notes indicating the completion of internal legal procedures necessary in eachContracting State for the entry into force of this Agreement have been exchanged.

2. This Agreement shall apply:

(a) in Portugal:

(i) in respect of taxes withheld at source, the fact giving rise to themappearing on or after the first day of January of the year next followingthe year in which this Agreement enters into force;

(ii) in respect of other taxes as to income arising in the fiscal yearbeginning on or after the first day of January of the year next followingthe year in which this Agreement enters into force;

(b) in Singapore:

in respect of tax chargeable for any year of assessment beginning on or after1 January of the second calendar year next following the year in which theAgreement enters into force.

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ARTICLE 30 - TERMINATION

This Agreement shall remain in force until terminated by a Contracting State. EitherContracting State may terminate the Agreement, through diplomatic channels, by giving anotice specifying the year of termination at least six months before 31 December of the yearso specified in the said notice. A notice may only be given after the expiration of a period of5 years from the date on which the Agreement enters into force. In such event, theAgreement shall cease to have effect:

(a) in Portugal:

(i) in respect of taxes withheld at source, the fact giving rise to themappearing on or after the first day of January of the year next followingthat specified in the said notice of termination;

(ii) in respect of other taxes, as to income arising in the fiscal yearbeginning on or after the first day of January of the year next following

that specified in the said notice of termination;

(b) in Singapore:

in respect of tax chargeable for any year of assessment beginning on or after1 January of the second calendar year next following that specified in the saidnotice of termination.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed thisAgreement.

DONE in duplicate at Singapore this 7th day of September 1999 in the Portugueseand English languages, both texts being equally authentic. In case of any divergence ofinterpretation or application of this Agreement, the English text shall prevail.

For the Government of theRepublic of Singapore

For the Government of thePortuguese Republic

DR RICHARD HU PROF DOUTOR ANTONIO LUCIANOPACHECO DE SOUSA FRANCO

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PROTOCOL (1999)

At the moment of signing the Agreement for the Avoidance of Double Taxation andPrevention of Fiscal Evasion with respect to Taxes on Income, this day concluded betweenthe Republic of Singapore and the Portuguese Republic, the undersigned have agreed thatthe following provisions shall form an integral part of the Agreement:

AD ARTICLE 4

If the place of effective management of a shipping enterprise is aboard a ship, then itshall be deemed to be situated in the Contracting State in which the home harbour of theship is situated, or, if there is no such home harbour, in the Contracting State of which theoperator of the ship is a resident.

AD ARTICLE 6

1. Income referred to in paragraph 5 means:

(a) the amounts in respect of services in connection with the use, in whole or inpart, of immovable property;

(b) the amounts in respect of the lease of machinery and furniture located in therented immovable property where such amounts are included asconsideration for the use of such property;

(c) the amounts in respect of the temporary transfer of the exploitation of acommercial, industrial or agricultural establishment, after deduction of the rent

paid, where the transferor is not the holder of the right to the property in whichsuch establishment is situated.

2. Any movable property that is set up on the same site for a period of more than twelvemonths shall be deemed to be immovable property.

AD ARTICLE 10

1. Under the current Singapore laws, where dividends are paid by a company which is aresident of Singapore to a resident of Portugal who is the beneficial owner of such dividends,there is not tax in Singapore which is chargeable on dividends in addition to the tax

chargeable in respect of the profits or income of the company.

2. If, subsequent to the singing of the Agreement, Singapore imposes a tax ondividends in addition to the tax chargeable in respect of the profits or income of a companywhich is a resident of Singapore, such tax may be charged but the tax so charged on thedividends derived by a resident of Portugal who is the beneficial owner of such dividendsshall be in accordance with the provisions of paragraphs 1 and 2 of Article 10.

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AD ARTICLES 11 AND 23

In the case of Singapore, the Government of Singapore shall include:

(a) the Monetary Authority of Singapore and the Board of Commissioners ofCurrency;

(b) the Government of Singapore Investment Corporation Pte-Ltd;

(c) a statutory body or any institution wholly or mainly owned by the Governmentof Singapore as may be agreed from time to time between the competentauthorities of the Contracting States.

AD ARTICLE 12

With reference to paragraph 3, the term "royalties" also comprises payments derived

from the use of, or the right to use, software as well as payments received as aconsideration for technical assistance in connection with the use, or the right to use, anycopyright, goods or information to which that paragraph applies. It is understood thatpayments received as a consideration for technical assistance not in connection with theuse, or the right to use, any such copyright, goods or information shall be dealt with in Article7 or Article 14. If the person who receives the consideration for technical assistance isdifferent from and independent of the person who receives the consideration for the use of,or the right to use, such copyright, goods or information, the technical assistance shall beconsidered as not in connection with the use, or the right to use, such copyright, goods orinformation.

AD ARTICLE 15

With reference to paragraph 3 it is understood that remuneration derived in respect ofan employment exercised aboard a ship or aircraft operated in international traffic by anenterprise of a Contracting State is taxable only in that State unless the remuneration isderived by a resident of the other Contracting State.

AD ARTICLE 17

It is understood that in paragraph 2 the phrase "income in respect of personalactivities exercised by an entertainer or a sportsman in his capacity as such" means any

income that is connected with the personal activities exercised by an entertainer or asportsman relating to his reputation as an entertainer or a sportsman.

AD ARTICLE 25

1. The provisions of Article 25 do not preclude the application of any provision of the taxlaw of the Contracting States dealing with thin capitalisation problems.

2. The provisions of Article 25 shall be construed in the sense that insofar as thedeductibility of the incurred disbursements is concerned, each Contracting State may applyits own procedures regarding the burden of proof.

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3. With reference to paragraph 3 of Article 25 of the Agreement, it is understood that,for the purposes of allowing deduction of a payment of expenses to a non-resident, nothingin the said paragraph shall be construed as preventing Singapore from imposing anyobligation to withhold tax from such a payment.

4. Granting by Singapore of the following tax reliefs or incentives shall not be construedas discrimination under Article 25:

(a) tax reliefs for non-resident nationals of Singapore under Section 40 of theIncome Tax Act;

(b) tax incentives granted to its nationals to promote social development inaccordance with its national policy and criteria;

(c) tax incentive under Part XIIIB of the Economic Expansion Incentives (Relieffrom Income Tax) Act for the promotion of overseas investments or projectscarried out by enterprises mainly owned by nationals and permanent

residents of Singapore.

5. Granting by Portugal of tax reliefs or incentives identical or similar to those referred toin paragraph 4 shall not be construed as discrimination under Article 25.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed thisProtocol.

DONE in duplicate at Singapore this 7th day of September 1999, in the Portuguese

and English languages, both texts being equally authentic. In case of any divergence ofinterpretation or application of this Protocol, the English text shall prevail.

For the Government of theRepublic of Singapore

For the Government of thePortuguese Republic

DR RICHARD HU PROF DOUTOR ANTONIO LUCIANOPACHECO DE SOUSA FRANCO

DTC agreement between Portugal and Singapore

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