ARTICLE 26 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by the Convention insofar as the taxation thereunder is not contrary to the Convention. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) involved in the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by the Convention. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The competent authorities shall through consultation develop appropriate conditions, methods, and techniques concerning the matters in respect of which such exchanges of information shall be made, including, where appropriate, exchanges of information regarding tax avoidance. 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation : a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State ; b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State ; c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process; or information, the disclosure of which would be contrary to public policy (ordre public). ARTICLE 27 DIPLOMATIC AGENTS AND CONSULAR OFFICERS Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements. ARTICLE 28 ENTRY INTO FORCE 1. This Convention shall be ratified and the instruments of ratification shall be exchanged at Stockholm as soon as possible. 2. Upon the exchange of instruments of ratification this Convention shall enter into force in both contracting States and its provisions shall have effect : a) in respect of taxes withheld at the source, on amounts paid or remitted to non-residents on or after the first day of January next following the exchange of instruments of ratification ; b) in respect of other taxes on income, for taxable years or accounting periods beginning on or after the first day of January next following the exchange of instruments of ratification. 3. The Agreement between Thailand and Sweden for the avoidance of double taxation with respect to taxes on income and capital signed at Bangkok on October 20, 1961, shall terminate and cease to have effect : a) in respect of taxes to which this Convention applies as from the time when the provisions of this Convention begin to have effect; b) in respect of taxes on capital (i) in Thailand, for taxes the payment of which is required in or after the second calendar year next following the exchange of instruments of ratification of this Convention ; (ii) in Sweden, for taxes which are assessed in or after the second calendar year next following the exchange of instruments of ratification of this Convention. ARTICLE 29 TERMINATION This Convention shall remain in force indefinitely, but either of the Contracting States may, on or before 30th June in any calendar year beginning after the expiration of a period of five years from the date of its entry into force, give to the other Contracting State, through diplomatic channels, written notice of termination. In such event the Convention shall cease to have effect : a) in respect of taxes withheld at the source, on amounts paid or remitted to non-residents on or after the first day of January next following the submission of such notice; b) in respect of other taxes on income, for taxable years or accounting periods beginning on or after the first day of January next following the submission of such notice. IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention. DONE at Bangkok, this nineteenth day of October, 1988, in duplicate in the English language. FOR THE GOVERNMENT OF THAILAND Air Chief Marshal Siddhi Savetsila (Siddhi Savetsila) Minister of Foreign Affairs | FOR THE GOVERNMENT OF SWEDEN Sten Andersson (Sten Andersson) Minister of Foreign Affairs |
PROTOCOL At the time of signing the Convention between the Government of Thailand and the Government of Sweden for the Avoidance of Double Taxation and the prevention of Fiscal Evasion with respect to Taxes on Income, the undersigned have agreed that the following provisions shall from an integral part of the Convention : 1. Nothing in this Convention shall be construed as preventing Thailand from imposing income tax, according to the laws of Thailand, on the profits remitted from or disposed out of Thailand by a permanent establishment situated therein. 2. With reference to the provisions of paragraphs 5 and 6 of Article 5, the term "almost wholly", as used in relation to the activities of a person, who habitually secures orders in a Contracting State for or on behalf of an enterprise of the other Contracting State or for or on behalf of the enterprise and other enterprises which are controlled by it or have a controlling interest in it, shall be interpreted according to the following rules : (1) Where a person has been habitually securing orders in the way mentioned above for one year he shall considered to have secured orders almost wholly on behalf of the enterprise or enterprises in question during this year if a) 75 per cent or more of the commissions received by him or accrued to him during this year are attributable to orders secured for or on behalf of such enterprises, or b) 75 per cent or more of the gross amount of the total contract sums of all orders secured by him during this year are attributable to orders secured for or on behalf of such enterprise or enterprises. (2) Where a person has been habitually securing orders in the way mentioned above for two years he shall be considered to have secured orders almost wholly on behalf of the enterprise or enterprises in question during the second year if a) the yearly average for the two years of the commissions received by him or accrued to him for securing orders on behalf of such enterprise or enterprises amounts to for or 75 per cent or more of the yearly average for these two years of the total commissions received by him or accrued to him, or b) the yearly average for these two years of the gross amounts of the aggregate contract sums of orders secured by him for or on behalf of such enterprise or enterprises amounts to 75 per cent or more of the yearly average for these two years of the gross amounts of the total contract sums of all orders secured by him, or c) 75 per cent or more of the commissions received by him or during the second year are attributable to orders secured for or on behalf of such enterprise or enterprises, or d) 75 per cent or more of the gross amount of the total contract sums of all orders secured by him during the second year are attributable to orders secured for or on behalf of such enterprise or enterprises. (3) Where a person has been habitually securing orders in the way mentioned above for three or more years he shall be considered to have secured orders almost wholly on behalf of the enterprise or enterprises in question during the last year if a) the yearly average for the last three years of the commissions received by him or accrued to him for securing orders for or on behalf of such enterprise or enterprises to 75 per cent or more of the yearly average for these three years of the total commissions received by him or accrued to him, or b) the yearly average for the last three years of the gross amounts of the aggregate contract sums of orders secured by him for or on behalf of such enterprise or enterprises amounts to 75 per cent or more of the yearly average for the last three years of the gross amounts of the total contract sums of all orders secured by him, or c) 75 per cent or more of the commissions received by him or accrued to him during the last year or the year preceding the last year are attributable to orders secured for or on behalf of such enterprise or enterprises, or d) 75 per cent or more of the gross amount of the total contract sums of all orders secured by him during the last year or during the year preceding the last year are attributable to orders secured for or on behalf of such enterprise or enterprises. (4) The term "commissions" as used in this paragraph means compensations of any kind for the services of securing orders. (5) For the purpose of calculating the average under (2) and (3), these rules shall also apply to the commissions and the contract sums of orders secured during the two taxable years or accounting periods immediately preceding the taxable year or accounting period for which the relevant provisions of this Convention begin to have effect. IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Protocol. DONE at Bangkok, this nineteenth day of October, 1988, in duplicate in the English language. FOR THE GOVERNMENT OF THAILAND Air Chief Marshal Siddhi Savetsila (Siddhi Savetsila) Minister of Foreign Affairs | FOR THE GOVERNMENT OF SWEDEN Sten Andersson (Sten Andersson) Minister of Foreign Affairs |
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