Art. 21 - 24

(1)

Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State.

(2)

The provisions of paragraph 1 shall not apply to income, other than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.

(1)

Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State.

(2)

Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State.

(3)

Capital represented by ships and aircraft operated in international traffic by an enterprise of a Contracting State and by movable property pertaining to the operation of such ships or 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)

In the case of a resident of Austria double taxation shall be avoided as follows:

(a)

Where a resident of Austria derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Estonia, Austria shall, subject to the provisions of subparagraphs b) to e), exempt such income or capital from tax;

(b)

Where a resident of Austria derives items of income which, in accordance with the provisions of Articles 10, 11 and 12 may be taxed in Estonia, Austria shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in Estonia. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such items of income derived from Estonia;

(c)

Where in accordance with any provision of the Convention income derived or capital owned by a resident of Austria is exempt from tax in Austria, Austria may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital;

(d)

Income derived by a resident of Austria which is considered by Austria to be taxable under this Convention in Estonia may nevertheless be taxed in Austria if, after the conduct of a mutual agreement procedure, Estonia exempts that income from tax by virtue of this Convention;

(e)

Where a company that is a resident of Austria derives dividends from a company that is a resident of Estonia in which it owns at least 10% of the share capital Austria shall exempt such dividends under the conditions set out for the international holding privilege in the generally applicable provisions of the law of Austria.

(2)

In the case of a resident of Estonia double taxation shall be avoided as follows:

(a)

Where a resident of Estonia derives income or owns capital which, in accordance with this Convention, may be taxed in Austria, unless a more favourable treatment is provided in its domestic law, Estonia shall allow:

(i)

as a deduction from the tax on the income of that resident, an amount equal to the income tax paid thereon in Austria;

(ii)

as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid thereon in Austria.

Such deduction in either case shall not, however, exceed that part of the income tax or capital tax in Estonia as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Austria.

(b)

For the purpose of subparagraph a), where a company that is a resident of Estonia receives a dividend from a company that is a resident of Austria in which it owns at least 10 per cent of its shares having full voting rights, the tax paid in Austria shall include not only the tax paid on the dividend, but also the tax paid on the underlying profits of the company out of which the dividend was paid.

(1)

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, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States.

(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 provision 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)

Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, or paragraph 6 of Article 12, apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first--mentioned State. Similarly, any debts of an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable capital of such enterprise, be deductible under the same conditions as if they had been contracted to a resident of the first--mentioned State.

(4)

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 the 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 the first--mentioned State are or may be subjected.

(5)

The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of every kind and description.

Last modified: 2002-08-07