1 Capital represented by immovable property, as defined in paragraph 2 of Article 6, may be taxed in the Contracting State in which such property is situated.
2 Capital represented by movable property forming part of the business property of a permanent establishment of an enterprise may be taxed in the Contracting State in which the permanent establishment is situated.
3 Ships or aircraft operated in international traffic by an enterprise of a Contracting State and movable property pertaining to the operation of such ships and aircraft shall be taxable only in that State.
4 All other elements of capital of a resident of a Contracting State shall be taxable only in that State.
1 The laws in force in either of the Contracting States will continue to govern the assessment and taxation of income and capital in the respective Contracting State except where express provision to the contrary is made in this Agreement.
2 Subject to the provisions of paragraph 1, tax shall be determined in the case of a resident of the Federal Republic as follows: (a) Unless the provisions of subparagraph (b) below apply, there shall be excluded from the basis upon which German tax is imposed any item of income from sources within Thailand and any item of capital situated within Thailand which according to this Agreement may be taxed in Thailand. The Federal Republic, however, retains the right to take into account in the determination of its rate of tax the itemsof income and capital so excluded. The first sentence shall in the case of dividends apply only to such dividends as are paid to company limited by shares (Kapitalgesellschaft) which is a resident of the Federal Republic by a company which is a resident of Thailand and at least 25 per cent of the voting shares of which are owned by the first-mentioned company. There shall also be excluded from the basis upon which German tax is imposed any shareholding, the dividends on which, if paid, would be excluded from the tax basis according to the immediately foregoing sentence. (b) Tax payable under the laws of Thailand and in accordance with this Agreement on the following itemsof income from sources within Thailand shall, subject to the provisions of German tax law regarding creditfor foreign tax, be allowed as a credit against such German tax on income as is payable in respect of the following items of income: 1. profits derived by operating ships in international traffic which may be taxed inThailand according to paragraph 2 of Article 8; 2. dividends not dealt with in subparagraph (a) above; 3. interest; 4. royalties and such gains as are mentioned in paragraph 3 of Article 12; 5. profits which may be taxed in Thailand according to paragraph 2 of Article 15; 6. remuneration mentioned in paragraph 1 of Article 17 paid to a German national who is not also a Thai national; 7. pensions and other payments and annuities which may be taxed in Thailand according to paragraph 1 of Article 18.
3 Subject to the provisions of paragraph 1, tax shall be determined in the case of a resident of Thailand as follows: (a) Unless the provisions of subparagraph (b) below apply, there shall be excluded from the basis upon which Thai tax is imposed any item of income from sources within the Federal Republic and any item of capital situated within the Federal Republic which according to this Agreement may be taxed in the Federal Republic. Thailand, however, retains the right to take into account in the determination of its rate of tax the items of income and capital so excluded. The first sentence shall in the case of dividends apply only to such dividends as are paid to a company which is a resident of Thailand by a company limited by shares (Kapitalgesellschaft) which is a resident of the Federal Republic and at least 25 percent of the voting shares of which are owned by the first-mentioned company.There shall also be excluded from the basis upon which Thai tax is imposed any shareholding, thedividends on which, if paid, would be excluded from the tax basis according to the immediately foregoing sentence. (b) Tax payable under the laws of the Federal Republic and in accordance with this Agreement by a resident of Thailand on income from sources within the Federal Republic shall be allowed as credit against Thai tax if such income consists of: 1. profits derived by operating ships in international traffic which may be taxed in the Federal Republic according to paragraph 2 of Article 8; 2. dividends not dealt with in subparagraph (a) above; 3. interest; 4. royalties and such gains as are mentioned in paragraph 3 of Article 12; 5. profits which may be taxed in the Federal Republic according to paragraph 2 of Article 15; 6. remuneration mentioned in paragraph 1 of Article 17 paid to a Thai national who is not alsoa German national; 7. pensions and other payments and annuities which may be taxed in the Federal Republic according to paragraph 1 of Article 18. Such credit shall be based on the amount of tax paid to the Federal Republic but shall not exceed the portion of the Thai tax which net income from sources within the Federal Republic bears to the entire net income subject to Thai tax. In determining such entire not income a loss incurred in any country shall not be taken into account.
1 The nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected.
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.
This provisions shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.
3 Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting state, shall not be subjected in first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of that first-mentioned State are or may be subjected.
4 In this Article the term taxation means taxes of every kind and description.
1 Where a resident of a Contracting State considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with this Agreement, he may, notwithstanding the remedies provided by the national laws of those States, present his case to the competent authority of the Contracting State of which he is a resident.
2 The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an appropriate solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with this Agreement.
3 The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Agreement. They may also consult together for the elimination of double taxation in cases not provided for in this Agreement.
4 The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs and for the exchange of information provided for in Article 25.
1 The competent authorities of the Contracting States shall exchange such information as is necessary for the carrying out of this Agreement. Any information so exchanged shall be treated as secret and shall not be disclosed to any persons or authorities other than those concerned with the assessment including judicial determination or collection of the taxes which are the subject of this Agreement.
2 In no case shall the provisions of paragraph 1 be construed so as to imposed on one of the Contracting States the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that of the other Contracting State; (c) to supply information which would disclosed 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).
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