ARTICLE 26 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting State 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. 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 OFFICIALS Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officials 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 Bangkok as soon as possible. 2. The Convention shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect: (a) in respect of taxes withheld at the source, on amounts paid or remitted on or after the first day of January next following that in which the exchange of instruments of ratification takes place; (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 that in which the exchange of instruments of ratification takes place. 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 on or after the first day of January next following that in which the notice is given; (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 that in which the notice is given. IN WITNESS WHEREOF, the undersigned duly authorized thereto, have signed this Convention. Done in duplicate at Madrid on this 14th day of October 1997, each in the Thai, Spanish and English languages, all texts being equally authoritative, except in the case of doubt when the English text shall prevail. For the Kingdom of Spain Abel Matutes (Abel Matutes) Minister of Foreign Affairs | For the Kingdom of Thailand Prachuab Chaiyasan (Prachuab Chaiyasan) Minister of Foreign Affairs |
PROTOCOL At the signing of the Convention between the Kingdom of Spain and the Kingdom of Thailand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with spect to Taxes on Income, the undersigned have agreed upon the following provisions which shall form an integral part of the Convention: 1. With reference to paragraph 1 (d) of Article 3, the term "person", in the case of Thailand, also includes an undivided estate. 2 (1) With reference to paragraph 4 of Article 5, if a person who is a resident of a Contracting State, provides a warehouse or any facilities in one of the Contracting State for other persons to store goods or merchandise, he shall be deemed to be carrying on a business in that Contracting State through a permanent establishment. (2) With reference to paragraph 4 (a) and (b) of Article 5, it is understood that the use of facilities for delivery shall be deemed to constitute a permanent establishment if they are used as a sale outlet. 3. With reference to paragraph 7 of Article 5 of the Convention, the term " a broker, general commission agent or any other agent of an independent status" is understood not to include a person who is engaged in one of the Contracting States in such activities as prescribed in sub-paragraph (a), (b) or (c) of paragraph 5 of the said Article wholly or almost wholly for or on behalf of an enterprise of the other Contracting State or for or on behalf of such enterprise and other enterprises which are controlled by or have a controlling interest in such enterprise. 4. With reference to subparagraphs (b) and (c) of paragraph 1 of Article 7, it is understood that: (1) in the case of doubt, the competent authorities of the Contracting States shall consult with each other to arrive at a satisfactory solution as regards the similarity of the goods or merchandise or the business activities mentioned in the said subparagraphs; (2) losses arising in connection with the sales or business activities referred to in the above subparagraphs shall also be taken into account when determining the profits of the permanent establishment. 5. With reference to paragraph 2 of Article 8, it is understood that the lesser of the tax rate applied by the Contracting States on income derived by an enterprise of any other country from the operation of ships in international traffic shall be extended through mutual agreement between the competent authorities. 6. With reference to paragraph 5 of Article 10, if after the signature of this Convention either Contracting State concludes a Convention to avoid double taxation with another country, in which the tax on disposal of profits referred to in such paragraph, is not applicable, such an exemption shall be granted through mutual agreement between the competent authorities of the two Contracting States. 7. With reference to paragraph 2 of Article 12, the royalties received in consideration of financial leasing means the amount received in consideration for the use of, or the right to use, industrial, commercial, or scientific equipment where the lessee has the option at the end of the contract to buy the equipment, to continue leasing or to terminate the contract. IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Protocol. Done in duplicate at Madrid on this 14th day of October 1997, each in the Thai, Spanish and English languages. For the Kingdom of Spain Abel Matutes (Abel Matutes) Minister of Foreign Affairs | For the Kingdom of Thailand Prachuab Chaiyasan (Prachuab Chaiyasan) Minister of Foreign Affairs |
|