The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State whether through a permanent establishment or otherwise , shall not of itself constitute either company a permanent establishment of the other. Dependent personal services 1. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. Independent personal services 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein.

Detailne otsing Czech Republic: From 1 Januaryjoint-stock companies may elect to use the one-tier governance model As of 1 JanuaryCzech joint-stock companies may choose which model of corporate governance they wish to follow: either the so-called two-tier system or the one-tier system. The two-tier system which was the only available option before 31 December entails that the company, aside from having a general meeting, install a board of directors as its executive body and a supervisory board as its "body of control". The general meeting also remains the supreme body of the company within the one-tier system. In other words, the main difference in terms of corporate governance is the way in which the powers and responsibilities are distributed among the executive body and the supervisory body. Within the two-tier system, the board of directors is clearly and unambiguously the executive body, while the supervisory board is clearly confined to its eponymous role.

Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State shall be taxable only in that other State if the recipient of the dividends a is a company other than a partnership ; b is the beneficial owner of these dividends, and c holds directly shares representing at least 25 per cent of the capital and the voting power of the company paying the dividends.

Dividends, other than those referred to in paragraph 1, paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the recipient is the beneficial owner of the dividends the tax so charged shall not exceed 15 per cent of the gross amount of the dividends.

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The competent authorities of the Contracting States may by mutual agreement settle the mode of application of this limitation. Paragraphs 1 and 2 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and Kauplemise muugioptsioonid holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base.

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In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.

Detailne otsing If the position of managing director or executive or supervisory board member at a corporation is to be filled with someone who receives compensation for their discharge of duties, then an agreement on performance as a corporate officer must be made. This agreement on performance as a corporate officer must be made in writing and be approved by the general meeting and if it is the supervisory board which elects the members of the board of directors at a joint-stock company, then the above-mentioned agreement must be approved also by the supervisory board.

Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner of the interest shall be taxable only in that other State.

Penalty charges for late payment shall not be regarded as interest for the purpose of this Article. The provisions of paragraph 1 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base.

Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount.

In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. Royalties 1.

Royalties arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner of these royalties shall be taxable only in that other State. The provisions of paragraph 1 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, 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 royalties are paid is effectively connected with such permanent establishment or fixed base.

Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount.

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Capital gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State. Gains from the alienation of 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 of 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, including such gains from the alienation of such a permanent establishment alone or with the whole enterprise or of such fixed base, may be taxed in that other State.

Gains derived by an enterprise of a Contracting State operating ships, aircraft, rail-transport vehicles or road vehicles in international traffic from the alienation of such ships, aircraft, rail-transport vehicles or road vehicles operated in international traffic, of movable property pertaining to the operation of such ships, aircraft, rail-transport vehicles or road vehicles or of containers including trailers, barges and related equipment for the transport of containers used for the transportation of goods or merchandise in international traffic, shall be taxable only in that State.

Gains from the alienation of any property other than that referred to in paragraphs 1, 2 and 3, shall be taxable only in the Contracting State of which the alienator is a resident.

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Notwithstanding the provisions of paragraph 4, gains from the alienation of any property derived by an individual who has been a resident of a Contracting State and who has become a resident of the other Contracting State may be taxed in the first-mentioned State if the alienation occurs at any time during a ten year period following the date on which the individual ceased to be a resident of the first-mentioned State.

Independent personal services 1. Income derived by a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State unless he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities.

Inglise keel - Eesti keel sõnaraamat

If he has such a fixed base, the income ma be taxed in the other State but only so much of it as is attributable to that fixed base.

The choice of one system of corporate governance or the other may be made at the time when the company is being founded or during its existence as a going concern.

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The huge advantage of the one-tier system lies in the option to fill the position of CEO and of sole member of the administrative board with one and the same individual. On the other hand, the fragmentary legal framework is a definite drawback, as it gives rise to interpretational ambiguities. Eelnevalt kindlaks määratud hind, millega hoidja peab alusvaraks oleva instrumendi ostma või müüma, või märge selle kohta, et korralduse andmise hetkel pole hinda võimalik kindlaks määrata.

Eelnevalt kindlaks määratud hind, millega hoidja peab aluseks olevat finantsinstrumenti ostma või müüma või märge selle kohta, et tehingu teostamise hetkel pole hinda võimalik kindlaks teha. Eelnevalt kindlaks määratud hind, millega hoidja peab finantsinstrumendist alusvara ostma või müüma, või märge selle kohta, et tehingu täitmise hetkel pole hinda võimalik kindlaks teha. This agreement on performance as a corporate officer must be made in writing and be approved by the general meeting and if it is the supervisory board which elects the members of the board of directors at a joint-stock company, then the above-mentioned agreement must be approved also by the supervisory board.

  1. Maksustatakse tootajate varude valikud
  2. A building site or construction or installation project constitutes a permanent establishment only if it lasts more than six months.
  3. Binaarsete valikute aarmuslik naitaja

Further, the agreement must contain certain mandatory specifications on compensation under the law i. Specifically, the following must be stated in the agreement: i All components of the compensation package, i.

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If the agreement on performance as a corporate officer includes no specification of the compensation, or was not made in writing, or was not approved by the competent body, it is understood that the corporate officer discharges his or her duties for no consideration Sec.