Article 12 - Interest

Taxation of cross-border interest limited by source-state withholding, exemptions for government and central bank, and PE/arm length rules.

Article 12 allocates primary taxation of interest to the recipient's State of residence while permitting source-state taxation at a reduced withholding rate when the recipient is the beneficial owner; exemptions apply for interest beneficially owned by the Government, political sub-divisions, local authorities or the Central Bank, and approved transactions may be exempt by the source State. Interest is defined as income from debt-claims, excludes penalty charges, is deemed to arise with a resident payer or when a permanent establishment or fixed base bears the indebtedness, and payments exceeding arm's-length amounts due to special relationships are limited to the arm's-length amount.