Publication: Magyar Közlöny
Issue: MK-2011-128 (Year: 2011, Number: 128)
Era: contemporary
Section: 2011. évi CXLIV. törvény
Paragraph Index: 831

(2) Notwithstanding any other provisions of this Convention, where an enterprise of a Contracting State derives income from the other Contracting State, and that income is attributable to a permanent establishment which that enterprise hasinathird jurisdiction,thetaxbenefitsthat wouldotherwiseapplyunder theotherprovisionsoftheConventionwill not apply to that income if the combined tax that is actually paid with respect to such income in the first-mentioned Contracting State and in the third jurisdiction is less than 60 per cent of the tax that would have been payable in the first-mentioned State if the income were earned in that Contracting State by the enterprise and were not attributable to the permanent establishmentin the third jurisdiction. Any dividends, interest or royalties to which the provisionsof this paragraph apply shall be subject to tax at a rate that shall not exceed 15 per cent of the gross amount thereof. Any other income to which the provisions of this paragraph apply will be subject to tax under the provisions of the domestic law of the other Contracting State, notwithstanding any other provision of the Convention. The provisions of this paragraph shall not apply if: (a) in the case of royalties, the royalties are received as compensation for the use of, or the right to use, intangible property produced or developed by the permanent establishment itself; or (b) in the case of any other income, the income derived from the other Contracting State is derived in connection with, or is incidentalto, the active conduct of a trade or businesscarried on by the permanentestablishmentin the third jurisdiction (other than the businessof making, managing or simply holding investments for the enterprise’s ownaccount,unlesstheseactivitiesarebankingorsecuritiesactivitiescarriedonby abankorregisteredsecurities dealer). ARTICLE 24 NON-DISCRIMINATION

Source: https://magyarkozlony.hu/hivatalos-lapok/e5485bbe2b4799f35a054d9c427707c39671831b/dokumentumok/b22cbff19437bd824a6a45069abc926a3646e57f/letoltes