TaxTMI 
TaxTMI 
TaxTMI 
Protocol
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.... Income-tax Act, 1961; (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. Aft....
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....ntracting State includes in the profits of an enterprise of that State -and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other 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 o....
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....ragraph: "4. Gains from the alienation of shares of a company the property of which consists directly or indirectly principally of immovable property situated in a Contracting State may be taxed in that State.". ARTICLE 10 In Article 16 (DEPENDENT PERSONAL SERVICES) of the Agreement, clause 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 ....
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....nt of Poland is exempt from tax in Poland, may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.". ARTICLE 13 In Article 25 (NON-DISCRIMINATION,), paragraph 2 shall be deleted and replaced by the following paragraph: "2. The taxation on a permanent establishment which an enterprise 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....
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.... requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information. 5. In no case 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....
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....f the revenue claim were a revenue claim of that other State. 4. When a revenue claim of a Contracting State is a claim in respect of which that State may, under its law, take measures of conservancy with a view to ensure its collection, that revenue claim shall, at the request of the competent authority of that State, be accepted for purposes of taking measures of conservancy by the competent authority of the other Contracting 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 t....
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....case may be, available under its laws or administrative practice; (d) to provide assistance in those cases where the administrative burden for that State is clearly disproportionate to the benefit to be derived by the other Contracting State". ARTICLE 16 After Article 28, a new Article shall be inserted as follows: "Article 28A LIMITATION OF BENEFITS Benefits of this Agreement shall not be available a) to a resident (not being an individual) of a 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 an....