HK Cap. 112BT — Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income and Capital) (French Republic) Order

Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income and Capital) (French Republic) Order ( Cap. 112, section 49(1A) ) (Enacting provision omitted— E.R. 4 of 2019 ) [7 July 2011] 1. (Omitted as spent— E.R. 4 of 2019 ) 2. Declaration under section 49(1A) For the purposes of section 49(1A) of the Ordinance, it is declared— (a) that the arrangements specified in section 3(1) have been made with the Government of the French Republic with a view to affording relief from double taxation in relation to income tax and any tax of a similar character imposed by the laws of the Republic; and (b) that it is expedient that those arrangements should have effect. 3. Arrangements specified (1) The arrangements specified for the purposes of section 2(a) are the arrangements in— (a) Articles 1 to 29 of the agreement titled “Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of the French Republic for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital and the Prevention of Fiscal Evasion” (which title is translated into Chinese as “《中華人民共和國香港特別行政區政府與法蘭西共和國政府避免就收入及資本稅項雙重課稅和防止逃稅協定》” in this Order), done in duplicate at Paris on 21 October 2010 in the English and French languages; and (b) Paragraphs 1 to 13 of the protocol to the agreement, done in duplicate at Paris on 21 October 2010 in the English and French languages. (2) The English text of the Articles is reproduced in Part 1 of the Schedule ; a Chinese translation of the Articles is also set out in that Part. (3) The English text of the Paragraphs is reproduced in Part 2 of the Schedule ; a Chinese translation of the Paragraphs is also set out in that Part. Schedule [ s. 3 ] Part 1 Articles 1 to 29 of the Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of the French Republic for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital and the Prevention of Fiscal Evasion Article 1 Persons Covered This Agreement shall apply to persons who are residents of one or both of the Contracting Parties. Article 2 Taxes Covered 1. This Agreement shall apply to taxes on income and on capital imposed on behalf of a Contracting Party or of its local authorities, 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 the case of France: (i) the income tax (“l’impôt sur le revenu”); (ii) the corporation tax (“l’impôt sur les sociétés”); (iii) the contributions on corporation tax (“les contributions sur l’impôt sur les sociétés”); (iv) the tax on salaries (“la taxe sur les salaires”); (v) widespread social security contributions (“contributions sociales généralisées”) and contributions for the reimbursement of the social debt (“contributions pour le remboursement de la dette sociale”); (vi) the wealth tax (“l’impôt de solidarité sur la fortune”); including any withholding tax, prepayment or advance payment with respect to the aforesaid taxes; (b) in the case of the Hong Kong Special Administrative Region: (i) profits tax; (ii) salaries tax; (iii) property tax; whether or not charged under personal assessment. 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 as well as any other taxes falling within the provisions of the Agreement which a Contracting Party may impose in future. The existing taxes, together with the taxes so imposed, are hereinafter referred to as “ French tax ” or “ Hong Kong Special Administrative Region tax ” respectively. The competent authorities of the Contracting Parties shall notify each other of substantial changes which have been made in their respective taxation laws. Article 3 General Definitions 1. For the purposes of this Agreement, unless the context otherwise requires: (a) the term “ Contracting Party ” or “ Party ” means France or the Hong Kong Special Administrative Region, as the context requires; (b) (i) the term “ France ” means the European and overseas departments of the French Republic including the territorial sea, and any area beyond the territorial sea over which the French Republic has sovereign rights and exercises its jurisdiction in accordance with international law; (ii) the term “ Hong Kong Special Administrative Region ” means any territory where the tax laws of the Hong Kong Special Administrative Region apply; (c) the term “ person ” includes an individual, a company and any other body of persons; (d) the term “ company ” means any body corporate or any entity which is treated as a body corporate for tax purpose; (e) the term “ enterprise ” applies to the carrying on of any business; (f) the terms “ enterprise of a Contracting Party ” and “ enterprise of the other Contracting Party ” mean respectively an enterprise carried on by a resident of a Contracting Party and an enterprise carried on by a resident of the other Contracting Party; (g) the term “ international traffic ” means any transport by a ship or aircraft operated by an enterprise of a Contracting Party, except when the ship or aircraft is operated solely between places in the other Contracting Party; (h) the term “ competent authority ” means: (i) in the case of France, the Minister in charge of finance or his authorised representative; (ii) in the case of the Hong Kong Special Administrative Region, the Commissioner of Inland Revenue or his authorised representative or any person or body authorised to perform any functions at present exercisable by the Commissioner or similar functions; (i) the term “ business ” includes the performance of professional services and of other activities of an independent character; (j) the term “ public law entity ” means a statutory body which performs public functions, but does not include such a body when carrying on industrial or commercial activities. 2. As regards the application of the Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at that time under the laws in force of that Party for the purposes of the taxes to which the Agreement applies, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party. Article 4 Resident 1. For the purposes of this Agreement, the term “ resident of a Contracting Party ” means any person who, under the laws in force of that Party, 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 Party and any local authority thereof and the public law entities of that Party or local authority. This term, however, does not include any person who is liable to tax in that Party in respect only of income from sources in that Party. 2. Where by reason of the provisions of paragraph 1 , an individual is a resident of both Contracting Parties, then his status shall be determined as follows: (a) he shall be deemed to be a resident only of the Party in which he has a permanent home available to him; if he has a permanent home available to him in both Parties, he shall be deemed to be a resident only of the Party with which his personal and economic relations are closer (“centre of vital interests”); (b) if the Party 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 Party, he shall be deemed to be a resident only of the Party in which he has an habitual abode; (c) if he has an habitual abode in both Parties, or in neither of them, he shall be deemed to be a resident only of the Contracting Party of which he is a national (in the case of France) or in which he has the right of abode (in the case of the Hong Kong Special Administrative Region); (d) if he is a national of France and has also the right of abode in the Hong Kong Special Administrative Region, or if he neither is a national of France nor has the right of abode in the Hong Kong Special Administrative Region, the competent authorities of the Contracting Parties shall 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 Parties, then it shall be deemed to be a resident only of the Party in which its place of effective management is situated. Article 5 Permanent Establishment 1. For the purposes of this Agreement, the term “ permanent establishment ” means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term “ permanent establishment ” includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; (f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources; (g) a building site or a construction, assembly, dredging or installation project which exists for more than six months. 3. An enterprise shall be deemed to have a permanent establishment in a Contracting Party and to carry on business through that permanent establishment if: (a) it carries on supervisory activities in that Party for more than six months in connection with a building site, or a construction, assembly, dredging or installation project which is being undertaken in that Party; or (b) it furnishes services, including consultancy services, directly or through employees or other personnel engaged by it for such purpose, but only where activities of that nature continue within that Party for a period of more than six months. 4. Notwithstanding the preceding provisions of this Article, the term “ permanent establishment ” shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display, or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5. Notwithstanding the provisions of paragraphs 1 and 2 , where a person - other than an agent of an independent status to whom paragraph 6 applies - is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting Party an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that Party in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting Party merely because it carries on business in that Party through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. However, when the activities of such an agent are devoted wholly or almost wholly on behalf of that enterprise, he will not be considered an agent of an independent status within the meaning of this paragraph. 7. The fact that a company which is a resident of a Contracting Party controls or is controlled by a company which is a resident of the other Contracting Party, or which carries on business in that other Party (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. Article 6 Income from Immovable Property 1. Income from immovable property (including income from agriculture or forestry) may be taxed in the Contracting Party in which such immovable property is situated. 2. For the purposes of this Agreement, the term “ immovable property ” shall have the meaning which it has under the law of the Contracting Party in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to explore for or work, mineral deposits, quarries, sources and other natural resources; ships, boats and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise. 5. Where ownership of shares, interest or other rights in a company, trust or other institution entitles the owner to the enjoyment of immovable property situated in a Contracting Party and held by that company, trust or other institution, the income that the owner derives from the direct use, letting or use in any other form of his right of enjoyment may be taxed in that Party. The provisions of this paragraph shall apply notwithstanding the provisions of Article 7. Article 7 Business Profits 1. The profits of an enterprise of a Contracting Party shall be taxable only in that Party unless the enterprise carries on business in the other Contracting Party through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other Party but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3 , where an enterprise of a Contracting Party carries on business in the other Contracting Party through a permanent establishment situated therein, there shall in each Contracting Party be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and independent enterprise engaged in the same or similar activities under the same or similar conditions. 3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses of the enterprise which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the Contracting Party in which the permanent establishment is situated or elsewhere. No such deduction shall be allowed in respect of amounts, if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission, for specific services performed or for management, or, except in respect of a financial institution, by way of interest on moneys lent to the permanent establishment. Likewise, no account shall be taken, in the determination of the profits of a permanent establishment, for amounts charged (otherwise than towards reimbursement of actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission for specific services performed or for management, or, except in respect of a financial institution, by way of interest on moneys lent to the head office of the enterprise or any of its other offices. 4. Insofar as it has been customary in a Contracting Party to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Party from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 5. 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. 6. Where profits include items of income which are dealt with separately in other Articles of this Agreement then the provisions of those Articles shall not be affected by the provisions of this Article. 7. For the purposes of the preceding paragraphs of this Article, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. Article 8 Shipping and Air Transport 1. Profits derived from the operation of ships or aircraft in international traffic by an enterprise of a Contracting Party shall be taxable only in that Party. 2. The provisions of paragraph 1 shall also apply to profits derived from the participation in a pool, a joint business or an international operating agency. 3. For the purpose of this Article, the term “ profits ” includes revenues and gross receipts from the operation of ships or aircraft for the transport of persons, livestock, goods, mail or merchandise in international traffic including: (a) profits derived from the lease of ships or aircraft on a “bare-boat” charter or “dry lease” basis, where such charter or lease is incidental to the operation of ships or aircraft in international traffic; (b) profits derived from the sale of tickets or similar documents for and the provision of services connected with such transport, either for the enterprise itself or on behalf of any other enterprise, provided that such sale or provision is incidental to the operation of ships or aircraft in international traffic; (c) interest income generated in a Contracting Party from funds required for the business in that Party of operating ships or aircraft in international traffic; (d) profits derived from the use, maintenance or rental of containers used for the transport of goods or merchandise in international traffic, provided that such activities are incidental to the operation of ships or aircraft in international traffic. Article 9 Associated Enterprises 1. Where: (a) an enterprise of a Contracting Party participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting Party, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting Party and an enterprise of the other Contracting Party, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where a Contracting Party includes in the profits of an enterprise of that Party - and taxes accordingly - profits on which an enterprise of the other Contracting Party has been charged to tax in that other Party and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Party if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Party shall make an appropriate adjustment to the amount of the tax charged therein on those profits if that other Party considers the adjustment justified. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and for this purpose the competent authorities of the Contracting Parties shall if necessary consult each other. Article 10 Dividends 1. Dividends paid by a company which is a resident of a Contracting Party to a resident of the other Contracting Party may be taxed in that other Party. 2. (a) However, such dividends may also be taxed in the Contracting Party of which the company paying the dividends is a resident, and according to the laws of that Party, but if the beneficial owner of the dividends is a resident of the other Contracting Party, the tax so charged shall not exceed 10 per cent of the gross amount of the dividends. (b) This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term “ dividends ” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income treated as a distribution by the taxation laws of the Contracting Party of which the company making the distribution is a resident. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting Party, carries on business in the other Contracting Party of which the company paying the dividends is a resident through a permanent establishment situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply. 5. Where a company which is a resident of a Contracting Party derives profits or income from the other Contracting Party, that other Party 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 Party or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment situated in that other Party, 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 Party. 6. The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights, in respect of which the dividend is paid, to take advantage of this Article by means of that creation or assignment. Article 11 Interest 1. Interest arising in a Contracting Party and paid to a resident of the other Contracting Party may be taxed in that other Party. 2. However, such interest may also be taxed in the Contracting Party in which it arises, and according to the laws of that Contracting Party, but if the beneficial owner of the interest is a resident of the other Contracting Party, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3. Notwithstanding the provisions of paragraph 2 of this Article, interest derived from a Contracting Party is exempt from tax in that Party, if it is paid: (a) in the case of France: (i) to the Government of the French Republic; (ii) to the Bank of France; (iii) in respect of a debt-claim or of a loan guaranteed or insured or subsidised by the Government of the French Republic or by one other person acting on behalf of the Government of the French Republic; (iv) to a financial establishment appointed by the Government of the French Republic and mutually agreed upon by the competent authorities of the two Contracting Parties; (b) in the case of the Hong Kong Special Administrative Region: (i) to the Government of the Hong Kong Special Administrative Region; (ii) to the Hong Kong Monetary Authority; (iii) on a loan directly or indirectly financed or guaranteed by the Hong Kong Monetary Authority; (iv) to a financial establishment appointed by the Government of the Hong Kong Special Administrative Region and mutually agreed upon by the competent authorities of the two Contracting Parties. 4. The term “ interest ” as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor’s profits, including income from government securities and income from bonds or debentures, and premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as interest for the purpose of this Article. 5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting Party, carries on business in the other Contracting Party in which the interest arises through a permanent establishment situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case, the provisions of Article 7 shall apply. 6. Interest shall be deemed to arise in a Contracting Party when the payer is a resident of that Party. Where, however, the person paying the interest, whether a resident of a Contracting Party or not, has in a Contracting Party a permanent establishment in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment, then such interest shall be deemed to arise in the Party in which the permanent establishment is situated. 7. 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 Party, due regard being had to the other provisions of this Agreement. 8. The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the debt-claims, in respect of which the interest is paid, to take advantage of this Article by means of that creation or assignment. Article 12 Royalties 1. Royalties arising in a Contracting Party and paid to a resident of the other Contracting Party may be taxed in that other Contracting Party. 2. However, such royalties may also be taxed in the Contracting Party in which they arise and according to the laws of that Contracting Party, but if the beneficial owner of the royalties is a resident of the other Contracting Party, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. 3. The term “ royalties ” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work, including cinematograph films and films or tapes used for radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting Party, carries on business in the other Contracting Party in which the royalties arise through a permanent establishment situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment. In such case, the provisions of Article 7 shall apply. 5. Royalties shall be deemed to arise in a Contracting Party when the payer is a resident of that Party. Where, however, the person paying the royalties, whether a resident of a Contracting Party or not, has in a Contracting Party a permanent establishment in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment, then such royalties shall be deemed to arise in the Party in which the permanent establishment is situated. 6. 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. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting Party, due regard being had to the other provisions of this Agreement. 7. The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the rights, in respect of which the royalties are paid, to take advantage of this Article by means of that creation or assignment. Article 13 Capital Gains 1. (a) Gains derived by a resident of a Contracting Party from the alienation of immovable property referred to in Article 6 and situated in the other Contracting Party may be taxed in that other Party. (b) Gains derived by a resident of a Contracting Party from the alienation of shares, interest or other rights in a company, trust or other institution deriving more than 50 per cent of their asset value, directly or indirectly, from immovable property referred to in Article 6 and situated in the other Contracting Party, or of rights connected with such immovable property, may be taxed in that other Party. However, this paragraph does not apply to gains derived from the alienation of shares, interest or other rights: (i) quoted on such stock exchange as may be agreed between the Parties; (ii) alienated or exchanged in the framework of a reorganisation of a company, a merger, a scission or a similar operation; or (iii) in a company more than 50 per cent of whose asset value is derived from immovable property in which it carries on its business. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting Party has in the other Contracting Party, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise), may be taxed in that other Party. 3. Notwithstanding the provisions of paragraph 1 , gains from the alienation of shares or rights forming part of a substantial participation in the capital of a company which is a resident of a Contracting Party may be taxed in that Party. It is considered that there is a substantial participation where the alienator, alone or with related persons, has, directly or indirectly, shares or rights, the whole of which entitles him to 25 per cent or more of the profits of the company. 4. Gains from the alienation of ships or aircraft operated in international traffic by an enterprise of a Contracting Party or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Party. 5. Gains from the alienation of any property, other than that referred to in paragraphs 1 , 2 , 3 and 4 , shall be taxable only in the Contracting Party of which the alienator is a resident. 6. The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the alienation in respect of which the gain is realised, to take advantage of this Article by means of that alienation. Article 14 Income from Employment 1. Subject to the provisions of Articles 15, 17 and 18, salaries, wages and other similar remuneration derived by a resident of a Contracting Party in respect of an employment shall be taxable only in that Party unless the employment is exercised in the other Contracting Party. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other Party. 2. Notwithstanding the provisions of paragraph 1 , remuneration derived by a resident of a Contracting Party in respect of an employment exercised in the other Contracting Party shall be taxable only in the first-mentioned Party if: (a) the recipient is present in the other Party for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the taxable period concerned; and (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other Party; and (c) the remuneration is not borne by a permanent establishment which the employer has in the other Party; and (d) the remuneration is taxable in the first-mentioned Party according to the laws of that Party. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting Party may be taxed in that Party. Article 15 Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting Party in the capacity of a member of the board of directors of a company which is a resident of the other Contracting Party may be taxed in that other Party. Article 16 Artistes and Athletes 1. Notwithstanding the provisions of Articles 7 and 14, income derived by a resident of a Contracting Party as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as an athlete, from his personal activities as such exercised in the other Contracting Party, may be taxed in that other Party. 2. Where income in respect of personal activities exercised by an entertainer or an athlete in his capacity as such accrues not to the entertainer or athlete himself but to another person, whether a resident of a Contracting Party or not, that income may, notwithstanding the provisions of Articles 7 and 14, be taxed in the Contracting Party in which the activities of the entertainer or athlete are exercised. Article 17 Pensions 1. Subject to the provisions of paragraph 2 of Article 18, pensions and other similar remuneration paid in consideration of past employment to a resident of a Contracting Party may be taxed in the Contracting Party where they arise. 2. Pensions shall be deemed to arise in a Contracting Party if paid by or out of a pension fund or other similar institution providing pension schemes in which individuals may participate in order to secure retirement benefits, where such pension fund or institution is recognised for tax purposes or regulated in accordance with the laws of that Contracting Party. Article 18 Government Service 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting Party or a local authority thereof, or by one of their public law entities to an individual in respect of services rendered to that Party, local authority or public law entities shall be taxable only in that Party. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting Party if the services are rendered in that Party and the individual in question is a resident of that Party who: (i) in the case of the Hong Kong Special Administrative Region, has the right of abode therein and in the case of France, is a national thereof; or (ii) did not become a resident of that Party solely for the purpose of performing the services. 2. Any pension paid by, or out of funds created by, a Contracting Party or a local authority thereof or by one of their public law entities, to an individual in respect of services rendered to that Party, local authority or public law entity shall be taxable only in that Party. 3. The provisions of Articles 14, 15, 16 and 17 shall, instead of paragraphs 1 and 2 of this Article, apply to salaries, wages and other similar remuneration, and to pensions in respect of services rendered in connection with a business carried on by a Contracting Party or a local authority thereof, or by one of their public law entities. Article 19 Students Payments which a student, trainee or business apprentice who is or was immediately before visiting a Contracting Party a resident of the other Contracting Party, and who is present in the first-mentioned Party solely for the purpose of his education or training, receives for the purpose of his maintenance, education or training, shall not be taxable in that Party, provided that such payments arise from sources outside that Party. Article 20 Other Income 1. Items of income beneficially owned by a resident of a Contracting Party, wherever arising, not dealt with in the foregoing Articles of this Agreement shall be taxable only in that Party. 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 beneficial owner of such income, being a resident of a Contracting Party, carries on business in the other Contracting Party through a permanent establishment situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment. In such case, the provisions of Article 7 shall apply. 3. Notwithstanding the provisions of paragraphs 1 and 2 , items of income not dealt with in the foregoing Articles of this Agreement derived by a resident of a Contracting Party from sources in the other Contracting Party may also be taxed in that other Party, and according to the laws of that Party. Article 21 Capital 1. (a) Capital represented by immovable property referred to in Article 6 may be taxed in the Contracting Party in which such immovable property is situated. (b) Capital represented by shares or other rights in a company, a trust or a comparable institution, the assets or property of which consist more than 50 per cent of their value of, or derive from more than 50 per cent of their value, directly or indirectly through the interposition of one or more other companies, trusts or comparable institutions, immovable property referred to in Article 6 and situated in a Contracting Party or of rights connected with such immovable property may be taxed in that Party. For the purposes of this provision, immovable property directly used by an entity to carry on its own business shall not be taken into account. 2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting Party has in the other Contracting Party, may be taxed in that other Party. 3. Capital represented by property forming part of the business property of an enterprise of a Contracting Party and consisting of ships and aircraft operated by such enterprise in international traffic and of movable property pertaining to the operation of such ships and aircraft shall be taxable only in that Party. 4. All other elements of capital of a resident of a Contracting Party shall be taxable only in that Party. 5. Notwithstanding the provisions of paragraphs 3 and 4 of this Article, elements of capital which are taxable in a Contracting Party according to those paragraphs may also be taxed in the other Contracting Party if they are not taxed in the first-mentioned Contracting Party under the ordinary rules of its tax law. Article 22 Elimination of Double Taxation 1. In the case of France, double taxation shall be avoided as follows: (a) Notwithstanding any other provision of this Agreement, income which may be taxed or shall be taxable only in the Hong Kong Special Administrative Region in accordance with the provisions of the Agreement shall be taken into account for the computation of French tax where such income is not exempted from corporation tax according to French law. In that case, the Hong Kong Special Administrative Region tax shall not be deductible from such income, but the resident of France who is the beneficial owner shall, subject to the conditions and limits provided for in sub-paragraphs (i) and (ii), be entitled to a tax credit against French tax. Such tax credit shall be equal: (i) in the case of income other than that mentioned in sub-paragraph (ii), to the amount of French tax attributable to such income provided that the resident of France is subject to Hong Kong Special Administrative Region tax in respect of such income; (ii) in the case of income subject to the corporation tax referred to in Article 7 and paragraph 2 of Article 13 and in the case of income referred to in Articles 10, 11 and 12, paragraphs 1 and 3 of Article 13, paragraph 3 of Article 14, Article 15, paragraphs 1 and 2 of Article 16 and paragraphs 1 and 3 of Article 20, to the amount of tax paid in the Hong Kong Special Administrative Region in accordance with the provisions of those Articles; however, such tax credit shall not exceed the amount of French tax attributable to such income. (b) A resident of France who owns capital which may be taxed in the Hong Kong Special Administrative Region according to paragraphs 1 , 2 or 3 of Article 21 shall also be taxable in France in respect of such capital. The French tax shall be computed by allowing a tax credit equal to the amount of the tax paid in the Hong Kong Special Administrative Region on such capital. However, such tax credit shall not exceed the amount of French tax attributable to such capital. (c) (i) It is understood that the term “ amount of French tax attributable to such income ” as used in sub-paragraph (a) means: - where the tax on such income is computed by applying a proportional rate, the amount of the net income concerned multiplied by the rate which actually applies to that income; - where the tax on such income is computed by applying a progressive scale, the amount of the net income concerned multiplied by the rate resulting from the ratio of the tax actually payable on the total net income taxable in accordance with French law to the amount of that total net income. (ii) It is understood that the term “ amount of tax paid in the Hong Kong Special Administrative Region ” as used in sub-paragraph (a) means the amount of Hong Kong Special Administrative Region tax effectively and definitively borne in respect of the items of income concerned, in accordance with the provisions of the Agreement, by a resident of France who is taxed on those items of income according to the French law. 2. In the case of the Hong Kong Special Administrative Region, double taxation shall be avoided as follows: Subject to the provisions of the laws in force in the Hong Kong Special Administrative Region from time to time which relate to the allowance of a credit against the Hong Kong Special Administrative Region tax of tax paid in a jurisdiction outside the Hong Kong Special Administrative Region (which shall not affect the general principle of this Article), French tax paid under the law of France and in accordance with this Agreement, whether directly or by deduction, in respect of income, profits or gains derived by a person who is a resident of the Hong Kong Special Administrative Region from sources in France, shall be allowed as a credit against Hong Kong Special Administrative Region tax payable in respect of those income, profits or gains, provided that the credit so allowed does not exceed the amount of Hong Kong Special Administrative Region tax computed in respect of the same income, profits or gains in accordance with the tax laws of the Hong Kong Special Administrative Region. Article 23 Non-Discrimination 1. Individuals who, in the case of France, are French nationals, and, in the case of the Hong Kong Special Administrative Region, have the right of abode, shall not be subjected in the other Contracting Party to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which individuals who are nationals (in the case of France), or have the right of abode (in the case of the Hong Kong Special Administrative Region) in the same circumstances, in particular with respect to residence, are or may be subjected. 2. The taxation of a permanent establishment that an enterprise of a Contracting Party has in the other Contracting Party shall not be less favourably levied in that other Party than the taxation levied on enterprises of that other Party carrying on the same activities. This provision shall not be construed as obliging a Contracting Party to grant to residents of the other Contracting Party 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 Party to a resident of the other Contracting Party shall be deductible, for the purpose of determining the taxable profits of that enterprise, under the same conditions as if they had been paid to a resident of the first-mentioned Party. 4. Enterprises of a Contracting Party, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting Party, shall not be subjected in the first-mentioned Party 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 Party are or may be subjected. 5. (a) Contributions borne by an individual who renders employment services in a Contracting Party to a pension scheme recognised for tax purposes in the other Contracting Party shall be deductible, to the extent that they are not effectively allowed in the other Party, in determining the individual’s taxable income in the first-mentioned Party (“that Party”), in the same way and subject to the same conditions and limitations as contributions made to a pension scheme that is recognised for tax purposes in that Party, provided that: (i) the individual was not a resident of that Party and was participating in the pension scheme (or in another similar pension scheme for which the first-mentioned pension scheme was substituted) immediately before he began to render employment services in that Party; and (ii) the pension scheme is accepted by the competent authority of that Party as generally corresponding to a pension scheme recognised as such for tax purposes by that Party. (b) For the purposes of sub-paragraph (a): (i) the term “ pension scheme ” means an arrangement in which the individual participates in order to secure retirement benefits payable in respect of the employment services referred to in sub-paragraph (a); and (ii) a pension scheme is “recognised for tax purposes” in a Party if the contributions to the scheme would qualify for tax relief in the Party concerned. 6. The exemptions and other advantages provided by the tax laws of a Contracting Party for the benefit of that Party or its local authorities or of their public law entities which carry on a non-business activity shall apply under the same conditions respectively to the other Contracting Party or its local authorities or to their public law entities which carry on the same or similar activity. Article 24 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting Parties result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the laws of those Parties, present his case to the competent authority of the Contracting Party of which he is a resident or, if his case comes under paragraph 1 of Article 23, to that of the Contracting Party of which he is a national (in the case of France) or in which he has the right of abode or is incorporated or otherwise constituted (in the case of the Hong Kong Special Administrative Region). The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting Party, with a view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement so reached shall be implemented notwithstanding any time limits in the laws of the Contracting Parties. 3. The competent authorities of the Contracting Parties shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Agreement. In particular, they may consult together to endeavour to agree to the same allocation of income between associated enterprises mentioned in Article 9. They may also consult together for the elimination of double taxation in cases not provided for in the Agreement. 4. The competent authorities of the Contracting Parties may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs of this Article. Article 25 Exchange of Information 1. The competent authorities of the Contracting Parties shall exchange such information as is foreseeably relevant for carrying out the provisions of this Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting Parties, or of their political subdivisions or local or territorial authorities, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Article 1. 2. Any information received under paragraph 1 by a Contracting Party shall be treated as secret in the same manner as information obtained under the domestic laws of that Party and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1 . Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting Party the obligation: (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting Party; (b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting Party; (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). 4. If information is requested by a Contracting Party in accordance with this Article, the other Contracting Party shall use its information gathering measures to obtain the requested information, even though that other Party may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting Party to decline to supply information solely because it has no domestic interest in such information. 5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting Party to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person. Article 26 Members of Government Missions Nothing in this Agreement shall affect the fiscal privileges of members of government missions, including consular posts, or of members of permanent missions to international organisations under the general rules of international law or under the provisions of special agreements. Article 27 Miscellaneous Nothing in this Agreement shall prejudice the right of each Contracting Party to apply its domestic laws and measures concerning tax avoidance, whether or not described as such. Article 28 Entry into Force 1. Each of the Contracting Parties shall notify to the other in writing the completion of the procedures required by its law for the bringing into force of this Agreement. The Agreement shall enter into force on the first day of the month following the day when the later of these notifications has been received. 2. The provisions of the Agreement shall thereupon have effect: (a) in France: (i) in respect of taxes on income withheld at source, for amounts taxable after the calendar year in which the Agreement enters into force; (ii) in respect of taxes on income which are not withheld at source, for income relating, as the case may be, to any calendar year or accounting period beginning after the calendar year in which the Agreement enters into force; (iii) in respect of the other taxes, for taxation the taxable event of which will occur after the calendar year in which the Agreement enters into force; (b) in the Hong Kong Special Administrative Region: in respect of Hong Kong Special Administrative Region tax for any year of assessment beginning on or after 1 April in the calendar year next following that in which the Agreement enters into force. Article 29 Termination 1. This Agreement shall remain in force indefinitely. However, after a period of five calendar years from the date on which the Agreement enters into force, either Contracting Party may terminate it by giving written notice of termination at least six months before the end of any calendar year. 2. In such event, the Agreement shall cease to have effect: (a) in France: (i) in respect of taxes on income withheld at source, for amounts taxable after the calendar year in which the notice of termination is given; (ii) in respect of taxes on income which are not withheld at source, for income relating, as the case may be, to any calendar year or accounting period beginning after the calendar year in which the notice of termination is given; (iii) in respect of the other taxes, for taxation the taxable event of which occurs after the calendar year in which the notice of termination is given; (b) in the Hong Kong Special Administrative Region: in respect of Hong Kong Special Administrative Region tax for any year of assessment beginning on or after 1 April in the calendar year next following that in which the notice is given. (Chinese Translation) 第一條 所涵蓋的人 本協定適用於屬締約一方的居民或同時屬締約雙方的居民的人。 第二條 所涵蓋的稅項 1. 本協定適用於代締約方或其地區主管當局課徵的收入及資本稅項，不論該等稅項以何種方式徵收。 2. 對總收入、總資本或收入或資本的組成部分課徵的所有稅項，包括對自轉讓動產或不動產所得的收益、企業支付的工資或薪金總額以及資本增值所課徵的稅項，須視為收入及資本稅項。 3. 以下稅項尤其屬本協定所適用的現有稅項： (a) 就法國而言︰ (i) 所得稅(“l’impôt sur le revenu”)； (ii) 公司稅(“l’impôt sur les sociétés”)； (iii) 公司稅繳款(“les contributions sur l’impôt sur les sociétés”)； (iv) 薪俸稅(“la taxe sur les salaires”)； (v) 普及社會保障繳款(“contributions sociales généralisées”)及償付社會債務的繳款(“contributions pour le remboursement de la dette sociale”)； (vi) 財富稅(“l’impôt de solidarité sur la fortune”)； 包括關於上述稅項的任何預扣稅、預扣款或預付款； (b) 就香港特別行政區而言︰ (i) 利得稅； (ii) 薪俸稅； (iii) 物業稅； 不論是否按個人入息課稅徵收。 4. 本協定亦適用於在本協定的簽訂日期後，在現有稅項以外課徵或為取代現有稅項而課徵的任何與現有稅項相同或實質上類似的稅項，以及適用於締約方將來課徵而又屬本協定的規定所指的任何其他稅項。現有稅項連同如此課徵的稅項，以下分別稱為“ 法國稅項 ”或“ 香港特別行政區稅項 ”。締約雙方的主管當局須將其各別稅務法律的重大改變，通知對方的主管當局。 第三條 一般定義 1. 就本協定而言，除文意另有所指外： (a) “ 締約方 ”或“ 一方 ”一詞指法國或香港特別行政區，按文意所需而定； (b) (i) “ 法國 ”一詞指法蘭西共和國的歐洲及海外行政區，包括其領海，以及法蘭西共和國按照國際法擁有主權並行使其司法管轄權的位於其領海以外的任何地區； (ii) “ 香港特別行政區 ”一詞指香港特別行政區的稅務法律所適用的任何地區； (c) “ 人 ”一詞包括個人、公司及任何其他團體； (d) “ 公司 ”一詞指任何法團或就稅收而言視作法團的任何實體； (e) “ 企業 ”一詞適用於任何業務的經營； (f) “ 締約方的企業 ”及“ 另一締約方的企業 ”兩詞分別指締約方的居民所經營的企業和另一締約方的居民所經營的企業； (g) “ 國際運輸 ”一詞指由締約方的企業營運的船舶或航空器所進行的任何載運，但如該船舶或航空器只在另一締約方內的不同地點之間營運，則屬例外； (h) “ 主管當局 ”一詞： (i) 就法國而言，指主管財政的部長或其獲授權代表； (ii) 就香港特別行政區而言，指稅務局局長或其獲授權代表，或任何獲授權執行現時可由局長執行的職能或類似職能的人士或機構； (i) “ 業務 ”一詞包括進行專業服務及其他具獨立性質的活動； (j) “ 公法實體 ”一詞指執行公共職能的法定團體，但在該等團體正進行工業或商業活動時，則不包括該等團體。 2. 在締約方於任何時候施行本協定時，凡有任何詞語在本協定中並無界定，則除文意另有所指外，該詞語須具有它當其時根據該方就本協定適用的稅項而施行的現行法律所具有的涵義，而在根據該方適用的稅務法律給予該詞語的任何涵義與根據該方的其他法律給予該詞語的涵義兩者中，以前者為準。 第四條 居民 1. 就本協定而言，“ 締約方的居民 ”一詞指符合下述說明的人︰根據該方的現行法律，該人因其居籍、居所、管理工作地點或任何性質類似的其他準則，而有在該方繳稅的法律責任；該詞亦包括該方及其任何地區主管當局以及該方或該等地區主管當局的公法實體。然而，該詞並不包括任何僅就來自在該方的來源的收入而有在該方繳稅的法律責任的人。 2. 如任何個人因第1款的規定而同時屬締約雙方的居民，則該人的身分須按照下述規定斷定： (a) 如該人在其中一方有可供他使用的永久性住所，則該人須當作只是該方的居民；如該人在雙方均有可供他使用的永久性住所，則該人須當作只是與其個人及經濟關係較為密切的一方(“重要利益中心”)的居民； (b) 如無法斷定該人在哪一方有重要利益中心，或該人在任何一方均沒有可供他使用的永久性住所，則該人須當作只是他的慣常居所所在的一方的居民； (c) 如該人在雙方均有或均沒有慣常居所，則該人須當作只是他屬其國民(就法國而言)的締約方或他擁有居留權(就香港特別行政區而言)的締約方的居民； (d) 如該人既屬法國的國民亦擁有香港特別行政區的居留權，或該人既不屬法國的國民亦沒有香港特別行政區的居留權，則締約雙方的主管當局須透過共同協商解決該問題。 3. 如並非個人的人因第1款的規定而同時屬締約雙方的居民，則該人須當作僅屬其實際管理工作地點所處的一方的居民。 第五條 常設機構 1. 就本協定而言，“ 常設機構 ”一詞在企業透過某固定營業場所經營全部或部分業務的情況下，指該固定營業場所。 2. “ 常設機構 ”一詞尤其包括： (a) 管理工作地點； (b) 分支機構； (c) 辦事處； (d) 工廠； (e) 作業場所； (f) 礦場、油井或氣井、石礦場或任何其他開採自然資源的場所； (g) 任何存在超過6個月的建築工地或建築、裝配、挖掘或安裝工程。 3. 在下述情況下，某企業須當作在某締約方設有常設機構，並透過該常設機構經營業務： (a) 該企業在該方進行與建築工地或與在該方進行的建築、裝配、挖掘或安裝工程有關連的監督管理活動超過6個月；或 (b) 該企業直接提供服務(包括顧問服務)，或透過僱員或其他由該企業為提供服務(包括顧問服務)而聘用的人員提供該等服務，但屬該等性質的活動須在該方持續一段超過6個月的時間。 4. 儘管有本條以上各款的規定，“ 常設機構 ”一詞須當作不包括： (a) 純粹為了貯存、陳列或交付屬於有關企業的貨物或商品的目的而使用設施； (b) 純粹為了貯存、陳列或交付的目的而維持屬於有關企業的貨物或商品的存貨； (c) 純粹為了由另一企業作加工的目的而維持屬於有關企業的貨物或商品的存貨； (d) 純粹為了為有關企業採購貨物或商品或收集資訊的目的而維持固定營業場所； (e) 純粹為了為有關企業進行任何其他屬準備性質或輔助性質的活動而維持固定營業場所； (f) 純粹為了(a)至(e)段所述的活動的任何組合而維持固定營業場所，但該固定營業場所因該項組合而產生的整體活動須屬準備性質或輔助性質。 5. 儘管有第1及2款的規定，如某人(第6款適用的具獨立地位的代理人除外)代表某企業行事，而該人在某締約方擁有以該企業名義訂立合約的權限，並慣常在該締約方行使該權限，則該企業須當作就該人為該企業所進行的任何活動在該締約方設有常設機構；但如該人的活動局限於第4款所述的活動(該等活動即使透過某固定營業場所進行也不會令該固定營業場所根據該款規定成為常設機構)，則屬例外。 6. 凡某企業透過經紀、一般佣金代理人或任何其他具獨立地位的代理人在某締約方經營業務，則只要該等人士是在其業務的通常運作中行事的，該企業不得僅因它如此經營業務而被當作在該方設有常設機構。然而，如該代理人的活動全部或幾乎全部屬代表該企業而進行，則該代理人不會被視為本款所指的具獨立地位的代理人。 7. 如屬某締約方的居民的某公司，控制屬另一締約方的居民的其他公司或在該另一締約方(不論是透過常設機構或以其他方式)經營業務的其他公司，或受該其他公司所控制，此項事實本身並不會令上述其中一間公司成為另一間公司的常設機構。 第六條 來自不動產的收入 1. 來自位於某締約方的不動產的收入(包括來自農業或林業的收入)可在該締約方徵稅。 2. 就本協定而言，“ 不動產 ”一詞具有該詞根據有關財產所處的締約方的法律而具有的涵義。該詞在任何情況下須包括：附屬於不動產的財產、用於農業及林業的牲畜和設備、關於房地產的一般法律規定適用的權利、不動產的使用收益權，以及作為開採或有權勘探或開採礦藏、石礦、源頭及其他自然資源的代價而取得不固定或固定收入的權利；船舶、船艇及航空器不得視為不動產。 3. 第1款的規定適用於自直接使用、出租或以任何其他形式使用不動產而取得的收入。 4.