Art. 1 - 4

This Agreement shall apply to persons who are residents of one or both of the Contracting States.

(1)

This Agreement shall apply to taxes on income and on capital imposed on behalf of a Contracting State, irrespective of the manner in which they are levied.

(2)

There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.

(3)

The existing taxes to which the Agreement shall apply are in particular:

a)

in Austria:

i)

the income tax (die Einkommensteuer);

ii)

the corporation tax (die Körperschaftsteuer);

iii)

the land tax (die Grundsteuer);

iv)

the tax on agricultural and forestry enterprises (die Abgabe von land-- und forstwirtschaftlichen Betrieben);

v)

the tax on the value of vacant plots (die Abgabe vom Bodenwert bei unbebauten Grundstücken);

(hereinafter referred to as ``Austrian taxes'');

b)

in Kyrgyzstan :

i)

the profits tax on legal persons;

ii)

the income tax on individuals;

iii)

the land tax;

(hereinafter referred to as ``Kyrgyz taxes'').

(4)

The Agreement shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws.

(1)

For the purposes of this Agreement, unless the context otherwise requires:

a)

the term ``Austria'' means the Republic of Austria;

b)

the term ``Kyrgyzstan'' means the Kyrgyz Republic. When used in the geographical terms the term ``Kyrgyzstan'' means the territory on which the Kyrgyz Republic carries out sovereign rights and jurisdiction in accordance with the international law and in which the taxation laws of the Kyrgyz Republic are in force;

c)

the terms ``a Contracting State'' and ``the other Contracting State'' mean Austria or Kyrgyzstan as the context requires;

d)

the term ``person'' includes an individual, a company and any other body of persons;

e)

the term ``company'' means any body corporate or any entity which is treated as a body corporate for tax purposes;

f)

the terms ``enterprise of a Contracting State'' and ``enterprise of the other Contracting State'' mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;

g)

the term ``international traffic'' means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;

h)

the term ``competent authority'' means:

i)

in Austria: the Federal Minister of Finance or his authorised representative;

ii)

in Kyrgyzstan: the Ministry of Finance or its authorised representative;

i)

the term ``national'' means:

i)

any individual possessing the nationality of a Contracting State;

ii)

any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State.

(2)

As regards the application of the Agreement at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Agreement applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.

(1)

For the purposes of this Agreement, the term ``resident of a Contracting State'' means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature, and also includes that State. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State or capital situated therein.

(2)

Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:

a)

he shall be deemed to be a resident only of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);

b)

if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;

c)

if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;

d)

if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall endeavour to settle the question by mutual agreement.

(3)

Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the State in which its place of effective management is situated.

Last modified: 2002-07-27