Article 3 - General Definitions - Portuguese Republic

CHAPTER II DEFINITIONS ARTICLE 3 GENERAL DEFINITIONS 1. For the purposes of this Convention, unless the context otherwise requires: a) The term Portugal means the territory of the Portuguese Republic situated in the European Continent, the archipelagoes of Azores and Madeira, the respective territorial sea and any other zone in which, in accordance with the laws of Portugal and international law, the Portuguese Republic has its jurisdiction or sovereign rights with respect to the exploration and exploitation of the natural resources of the sea bed and subsoil, and of the superjacent waters; b) The term India means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdictions, according to the Indian law and in accordance with international law, including the UN Convention on the Law of the Sea, 1982; c) The terms a Contracting State and the other Contracting State mean Portugal or India as the context requires; d) The term tax means Portuguese tax or Indian tax, as the context requires; e) The term person includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in a Contracting State; f) The term company means anybody corporate or any entity which is treated as a body corporate for tax purposes; g) The terms enterprise of a Contracting State and enterprise of the other Contracting State mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; h) The term International traffic means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; i) The term competent authority means: i) In Portugal: The Minister of Finance or the Director General of Taxation (director-geral dos Impostos) or their authorised representative; ii) In India: The Central Government in the Ministry of Finance (Department of Revenue) or their authorised representative; j) 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 such from the laws in force in a Contracting State. k) The term fiscal year means: i) In the case of Portugal, the civil year as laid down in the IRS Code or the taxation period as defined in the IRC Code; ii) In the case of India, previous year as defined under section 3 of the Income Tax Act, 1961. 2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall unless the context otherwise requires, have the meaning which it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.