Protocol - Protocol - Estonia

PROTOCOL At the signing of the Agreement between the Republic of India and the Republic of Estonia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (hereinafter referred to as the Agreement ) the undersigned have agreed upon the following provisions which form an integral part of the Agreement. 1. Ad Article 5 It is understood that on the date of signing of this Agreement none of the agreements for the avoidance of double taxation concluded by Estonia provide for special provision deeming an insurance enterprise of a Contracting State to have a permanent establishment in the other Contracting State if it collects premiums or insures risks in the territory of that other State otherwise than through an agent of independent status. However, if after that date, such special provision is included in any agreement for the avoidance of double taxation concluded by Estonia, then the competent authority of Estonia shall notify the competent authority of India about such inclusion and after consultations between the competent authorities of the Contracting States, such provision shall also be considered for this Agreement. 2. Ad Article 6 It is understood that all income and gains from the alienation of immovable property referred to in paragraph 2 of Article 6 and situated in a Contracting State may be taxed in that State in accordance with the provisions of Article 13 of this Agreement. In witness whereof the undersigned, duly authorized thereto, have signed this Protocol. Done in duplicate at Tallinn, this 19th day of September, 2011, each in the Hindi, Estonian and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.