Venezuela - Royalty

Article 12. Royalties

1.  Royalties 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 royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties the tax so charged shall not exceed:

a.  5 per cent of the gross amount of the payments referred to in paragraph 3, a);

b.  7 per cent of the gross amount of the payments referred to in paragraph 3, b);

c.  10 per cent of the gross amount of the payments referred to in paragraph 3, c).

3.  The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use:

a.  any patent, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience;

b. any trade mark or trade name;

c.  any copyright of literary, artistic or scientific work including cinematograph films and tapes for television or broadcasting.

4.  Royalties 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 When, however, the person paying the royalties, 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 obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.

5.  The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are 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.  When, 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 royalties, having regard to the use, right or information for which they are 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.

Protocol:

VIII. Ad Articles 10, 11 and 12

When 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 Contracting State having levied the tax, within a period of two years after the expiration of the calendar year in which the tax has been levied.

X. Ad Article 12

It is understood that income from ordinary leasing activities shall not be considered as "payments received for the use of or the right to use industrial, commercial or scientific equipment". Notwithstanding the preceding sentence, it is recognised that if such leasing activities include to a substantial extent a transfer of technological know how, the payments paid as a consideration for such a transfer shall to that extent be considered as "payments for the use of, or the right to use, industrial commercial or scientific experience" as meant in sub-paragraph a) of paragraph 3 of Article 12.