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TMI BlogProtocolX X X X Extracts X X X X X X X X Extracts X X X X ..... 61; (hereinafter referred to as Indian tax ) (b) in Poland: (i) the personal income tax, and (ii) the corporate income tax, (hereinafter referred to as Polish taxes ). . ARTICLE 2 In Article 3 (GENERAL DEFINITIONS) of the Agreement: 1. Clauses (a) and (b) of paragraph 1 shall be deleted and replaced by the following clauses: (a) 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 jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea; (b) the term Poland means the Republic of Poland and, when used in a geographical sense, means the territory of the Republic of Poland, and any area adjacent to the territorial waters of the Republic of Poland within which, under the laws of Poland and in accordance with international law, the rights of Poland with respect to the exploration and exploitation of the natural resources of the seabed and its sub-soil may be exercised; . 2. After clause (j) of paragraph 1 the following clause shall be inserted: (k) The term fiscal year , in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall, if necessary, consult each other. . ARTICLE 6 In Article 11 (DIVIDENDS) of the Agreement, paragraph 2 shall be deleted and replaced by the following paragraph: 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the dividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which dividends are paid. . ARTICLE 7 In Article 12 (INTEREST) of the Agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lause a) of the paragraph 2 shall be deleted and replaced by the following clause: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the fiscal year concerned, and; . ARTICLE 11 Article 21 (PAYMENTS RECEIVED BY STUDENTS AND APPRENTICES) of the Agreement shall be deleted and replaced by the following Article: Article 21 PAYMENTS RECEIVED BY STUDENTS AND APPRENTICES 1. Payments which a student or business apprentice who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of his education or training receives for the purpose of his maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State. 2. Notwithstanding the provisions of Article 16, remuneration which a student, or an apprentice or trainee who is or was, immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of his educat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities in the same circumstances or under the same conditions. This provision shall not be construed as preventing a Contracting State from charging the profits of a permanent establishment which a company of the other Contracting State has in the first mentioned State at a rate of tax which is higher than that imposed on the profits of a similar company of the first mentioned Contracting State, nor as being in conflict with the provisions of paragraph 3 of Article 7. However, the difference in tax rate shall not exceed 10 percentage points. . ARTICLE 14 Article 27 (EXCHANGE OF INFORMATION) of the Agreement shall be deleted and replaced by the following Article: Article 27 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information (including documents or certified copies of the documents) as is foreseeably relevant for carrying out the provisions of this Agreement or to the administration or enforcement of the domestic laws concernin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person. 6. A Contracting State may allow representatives of the competent authority of the other Contracting State to enter the territory of the first-mentioned Contracting State to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Contracting State shall notify the competent authority of the first-mentioned Contracting State of the time and place of the meeting with the individuals concerned. 7. At the request of the competent authority of one Contracting State, the competent authority of the other Contracting State may allow representatives of the competent authority of the first-mentioned Contracting State to be present at the appropriate part of a tax examination in the second-mentioned Contracting State. 8. If the request referred to in paragraph 7 is acceded to, the competent authority of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State. That other State shall take measures of conservancy in respect of that revenue claim in accordance with the provisions of its laws as if the revenue claim were a revenue claim of that other State even if, at the time when such measures are applied, the revenue claim is not enforceable in the first-mentioned State or is owed by a person who has a right to prevent its collection. 5. When a Contracting State, under its law, takes interim measures of conservancy by freezing assets before a revenue claim is raised against a person, the competent authority of the other Contracting State, if requested by the competent authority of the first-mentioned State, shall take interim measures for freezing the assets of that person in that other Contracting State to the extent permitted in the provisions of its law. 6. Notwithstanding the provisions of paragraphs 3 and 4, a revenue claim accepted by a Contracting State for purposes of paragraph 3 or 4 shall not, in that State, be subject to the time limits or accorded any priority applicable to a revenue claim under the laws of that State by reason of its nature as such. In addition, a revenue claim accepted by a Contracting State for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Contracting State if the main purpose or one of the main purposes of the creation or existence of such a resident; or (b) with respect to any arrangement or transaction undertaken by a resident of a Contracting State, if the main purpose or one of the main purposes of the creation or existence of such an arrangement or transaction, was to obtain the benefits under this Agreement. . ARTICLE 17 1. Each of the Contracting States shall notify through diplomatic channels to the other the completion of the procedures required by its law for the bringing into force of this Protocol. The Protocol shall enter into force on the thirtieth day after the date of receipt of the latter of the notifications referred to above and shall have effect: (a) in India: (i) in respect of the taxes withheld at source - to amounts of income derived on or after the first day of the fiscal year next following the year in which the Protocol enters into force; (ii) in respect of other taxes on income - to amounts of income derived in any fiscal year beginning on or after the first day of the fiscal year next following the year in which the Protocol enters into force. (b) in Poland: (i) in respect of the taxes w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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