Kazachstan - Interest

Article 11. Interest

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

2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the recipient of the interest is the beneficial owner of the interest the tax so charged shall not exceed 10 per cent of the gross amount of the interest.

3. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of paragraph 2.

4. The term “interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as interest for the purpose of this Article.

5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein and the debtclaim in respect of which the interest is 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.

6. Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base 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 such interest 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 beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.

8. Notwithstanding the provisions of paragraph 2:

a)interest arising in one of the States and paid in respect of a bond, debenture or other similar obligation of the Government of that State, the central bank of that State, a political subdivision or local authority thereof shall be exempt from tax in that State;

b)interest arising in one of the States and paid in respect of a bond, debenture or other similar obligation to the Government of the other State, the central bank of the other State, a political subdivision or local authority thereof shall be exempt from tax in the first-mentioned State;

c)interest arising in one of the States and paid in respect of loans guaranteed or insured by the Government of the other State, the central bank of the other State or any agency or instrumentality (including a financial institution) owned or controlled by that Government, shall be exempt from tax in the first-mentioned State.

Protocol:

VIII. Ad Articles 10 and 11

It is understood that in the case of the Netherlands the term dividends includes income from profit sharing bonds.

IX. Ad Articles 10, 11 and 12

Where tax has been levied at source in excess of the amount of tax chargeable under the provisions of Articles 10, 11 or 12, applications for the refund of the excess amount of tax have to be lodged with the competent authority of the State having levied the tax, within a period of three years after the expiration of the calendar year in which the tax has been levied.

X. Ad Article 11

It is understood that the term “interest" also includes interest charged by a bank to a permanent establishment of such bank in a Contracting State.

XI. Ad Articles 11 and 12

1. If Kazakhstan after 28 April 1995 has signed a Convention for the avoidance of double taxation with a present member State of the Organisation for Economic Co-operation and Development which provides for a lower effective rate on interest or on royalties (including a zero rate) then such lower rate shall automatically apply to residents of the Netherlands.

2. It is understood that the provisions of Articles 11 and 12 shall not apply if the debt-claim in respect of which the interest is paid, respectively if the right or property giving rise to the royalties, was created or assigned mainly for the purpose of taking advantage of these Articles. In case a Contracting State intends to apply this provision, its competent authority shall in advance consult with the competent authority of the other Contracting State.