Scope of international treaties to avoid double taxation
Închide
Articolul precedent
Articolul urmator
71 0
SM ISO690:2012
ARMEANIC, Alexandru. Scope of international treaties to avoid double taxation. In: Competitivitatea şi inovarea în economia cunoaşterii: Culegere de rezumate, Ed. Ediția 27, 22-23 septembrie 2023, Chişinău. Chişinău Republica Moldova: "Print-Caro" SRL, 2023, Ediţia a 27-a, Volumul 1, p. 81. ISBN 978-9975-175-98-2.
EXPORT metadate:
Google Scholar
Crossref
CERIF

DataCite
Dublin Core
Competitivitatea şi inovarea în economia cunoaşterii
Ediţia a 27-a, Volumul 1, 2023
Conferința "Competitivitate şi inovare în economia cunoaşterii"
Ediția 27, Chişinău, Moldova, 22-23 septembrie 2023

Scope of international treaties to avoid double taxation

JEL: K3, K34

Pag. 81-81

Armeanic Alexandru
 
Academy of Economic Studies of Moldova
 
 
Disponibil în IBN: 15 februarie 2024


Rezumat

Unlike the definitions given by the OECD Model Convention (1977), the conventions concluded by the Republic of Moldova on the notion of "person" do not include the element of society, replacing it with the notion of a legal entity. However, the conventions concluded by the Republic of Moldova in the article that will refer to the general definitions (art. 3), will not even refer to the content of a legal person, as is done in the case of the Model Convention, when it refers to the notion of "society". These distinctions do not have deviant interpretations, because the notion of "company" is defined by the Model Convention in the following way: "the term "company" designates any legal person or any entity that is considered for taxation purposes as a legal person". Therefore, in the broad sense of the concept of "legal person", used in the conventions concluded by the Republic of Moldova, only those legal persons that are taken into account "for the purpose of taxation" can be defined, i.e. legal persons that are subject to taxation with regard to taxes which are covered by the convention. In the case of legal entities, when it is a resident of both contracting states, it is considered resident in that contracting state where the effective management body is located. It is necessary to underline the fact that the international benefits of elimination of double taxation are offered only to subjects resident in one or both signatory states. A taxable subject who is not resident in one of these states will not be able to benefit from the provisions of the conventions. However, the principle according to which the provisions of the conventions are applied only to the residents of the signatory states is not applicable in two situations: the one regulated in art. 24 (principle of non-discrimination); as well as the one from art. 26 (exchange of information) between the two signatory states.