United States of America - Employment

Article 16. Dependent personal Services

Taxation residence state

1.  Subject to the provisions of Articles 17 (Directors' Fees), 19 (Pensions, Annuities, Alimony), 20 (Government Service), and 21 (Professors and Teachers), salaries, wages, and other similar remuneration derived by a resident of one of the States in respect of an employment shall be taxable only in that State unless the employment is exercised in the other State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.

Taxation source state

2.  Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of one of the States in respect of an employment exercised in the other State shall be taxable only in the first-mentioned State if

a  the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in the taxable year concerned;

b  the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and

c  the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.

Employment at ship or aircraft

3. Notwithstanding the preceding provisions of this Article, remuneration derived by a resident of one of the States in respect of an employment as a member of the regular complement of a ship or aircraft operated in international traffic, shall be taxable only in that State.