Iceland - Russia Tax Treaty

CONVENTION BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF ICELAND AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR THE AVOIDANCE OF DOUBLE TAXATION

AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

THE GOVERNMENT OF THE REPUBLIC OF ICELAND and THE GOVERNMENT OF THE RUSSIAN FEDERATION,

DESIRING to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income,

HAVE AGREED as follows:

PERSONS COVERED

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

TAXES COVERED

    This  Convention  shall  apply  to  taxes  on  income  imposed  in

a Contracting State, irrespective of the manner in which they are levied.

    There shall be regarded as taxes on income all taxes imposed on

total income, or on elements of income, including taxes on gains from the alienation of movable or immovable property.

    The existing taxes to which the Convention shall apply are in

particular:

a) In Iceland:

(i) the national income tax;

(ii) the extraordinary national income tax;

(iii) the municipal income tax; and

(iv) the tax levied on the income of banking institutions (hereinafter referred to as “Icelandic tax”);

b) In Russia:

(i) the tax on profits (income) of enterprises and organisations;

(ii) the tax on income of individuals (hereinafter referred to as “Russian tax”).

    The Convention shall apply also to any identical or substantially

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

GENERAL DEFINITIONS

    For the purposes of this Convention, unless the context otherwise

requires:

a) the term “Iceland” means the Republic of Iceland and, when used in a geographical sense, means the territory of the Republic of Iceland, including its territorial sea as well as any area adjacent to the territorial sea within which Iceland, in accordance with international law, exercises jurisdiction or sovereign rights with respect to the sea bed, its sub-soil, including their natural resources, and the natural resources of the superjacent waters;

b) the term “Russia” means the Russian Federation and, when used in a geographical sense, means the territory of the Russian Federation, including its territorial sea as well as any area adjacent to the territorial sea within which Russia, in accordance with international law, exercises jurisdiction or sovereign rights with respect to the sea bed, its sub-soil, including their natural resources, and the natural resources of the superjacent waters;

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 purposes;

e) 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;

f) the terms “a Contracting State” and “the other Contracting State” mean Iceland or Russia as the context requires;

g) the term “international traffic” means any transport by a ship or aircraft operated by a resident 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 the case of Iceland, the Minister of Finance or his authorised representative;

(ii) in the case of Russia, the Ministry of Finance of the
Russian Federation or its authorised representative;

i) the term “national” means:

(i) any individual possessing the citizenship 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.

    As  regards  the  application  of  the  Convention  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 laws of that State. In case of divergence between the tax laws of that State to which this Convention applies
and any other laws of that State the tax laws to which this Convention applies shall prevail.

RESIDENT

    For the purposes of this Convention, 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 registration, place of management or any other criterion of a similar nature, and also includes that State and any political subdivision or local authority thereof. 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.

    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 settle the question by mutual agreement.

    Where  by  reason  of  the  provisions  of  paragraph  1  a  person

other than an individual is a resident of both Contracting States, the competent
authorities of the Contracting States shall settle the question by mutual agreement and
determine the mode of application of the Convention to such person.

PERMANENT ESTABLISHMENT

    For  the  purposes  of  this  Convention,  the  term  “permanent

establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on.

    The term “permanent establishment” includes especially:

a) a place of management;

b) a branch;

c) an office;

d) a factory;

e) a workshop; and

f) a mine, an oil or gas well, a quarry or any other place of exploration or exploitation of natural resources.

    A building site or construction or installation project constitutes

a permanent establishment only if it lasts more than twelve months.

    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 subparagraphs 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.

    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 State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State 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.

    An  enterprise  shall  not  be  deemed  to  have  a  permanent

establishment in a Contracting State merely because it carries on business in that State 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.

    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.

INCOME FROM IMMOVABLE PROPERTY

    Income derived by a resident of a Contracting State from immovable

property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.

    The term “immovable property” shall have the meaning which it has

under the law of the Contracting State 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 law respecting landed property apply, rights known as usufruct of
immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources. Ships and aircraft shall not be regarded as immovable property.

    The provisions of paragraph 1 shall apply to income derived from the

direct use, letting or use in any other form of immovable property.

    The  provisions  of  paragraphs  1  and  3  shall  also  apply  to

the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.

BUSINESS PROFITS

    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. If the enterprise carries on
business as aforesaid, the profits of the enterprise may be taxed in the other
State but only so much of them as is attributable to that permanent establishment.

    Subject to the provisions of paragraph 3, where an enterprise of a

Contracting State carries on business in the other Contracting State
through a permanent establishment situated therein, there shall in each Contracting State
be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the
enterprise of which it is a permanent establishment.

    In determining the profits of a permanent establishment, there shall

be allowed as deductions expenses which are incurred for the purposes of the
permanent establishment, including executive and general administrative expenses
so incurred, whether in the State in which the permanent establishment is situated or elsewhere.

    Insofar as it has been customary in a Contracting State 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 Contracting State 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.

    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.

    For the purposes of the preceding paragraphs, 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.

    Where profits include items of income which are dealt with

separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.

SHIPPING AND AIR TRANSPORT

    Profits from the operation of ships or aircraft in international

traffic carried on by a resident of a Contracting State shall be taxable only in that State.

    The provisions of paragraph 1 shall also apply to profits from the

participation in a pool, a joint business or an international operating agency.

ASSOCIATED ENTERPRISES

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a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or

b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State,

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.

    Where a Contracting State includes in the profits of an enterprise

of that State

and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if
the conditions made between the two enterprises had been those which would have
been made between independent enterprises, then that other State shall make an
appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other.

DIVIDENDS

    Dividends 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 beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:

a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends and the foreign capital invested exceeds 100 000 USD or its equivalent in national currency of the first-mentioned Contracting State;

b) 15 per cent of the gross amount of the dividends in all other cases.

The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations.

This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.

    The  term  “dividends”  as  used  in  this  Article  means  income

from shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation
treatment as income from shares by the laws of the State of which the company making the distribution is a resident.

    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 the holding in respect of which the dividends are paid is effectively connected with
such permanent establishment or fixed base. 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.

INTEREST

    Interest  arising  in  a  Contracting  State  and  paid  to  a

resident of the other Contracting State shall be taxable only in that other State if such
resident is the beneficial owner of the interest.

    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, and in particular, income
from government securities and income from bonds or debentures, including 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.

    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. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.

    Interest  shall  be  deemed  to  arise  in  a  Contracting  State

when the payer is a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contacting State or not, has in a Contracting State
a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne
by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.

    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

    Royalties arising in a Contracting State and beneficially owned by a

resident of the other Contracting State shall be taxable only in that other State.

    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, any patent,
trade mark, design or model, plan, secret formula or process, or for information
concerning industrial, commercial or scientific experience.

    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. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.

    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 State, due regard being had to the other provisions of this Convention.

CAPITAL GAINS

    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 from the alienation of ships or aircraft operated in

international traffic, or movable property pertaining to the operation of such ships or
aircraft shall be taxable only in the Contracting State in which the alienator is a resident.

    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.

INDEPENDENT PERSONAL SERVICES

    Income derived by an individual who is 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. However, such income may also be taxed
in the other Contracting State if:

a) the individual is present in the other State for a period
or periods exeeding in the aggregate 183 days in any period of twelve months; or

b) the individual has a fixed base regularly available to him in that other State for the purpose of performing his activities, but only so much thereof as is attributable to services performed in that other State.

    The  term  “professional  services”  includes  especially

independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.

DEPENDENT PERSONAL SERVICES

    Subject to the provisions of Articles 16, 18 and 19, salaries, wages

and other similar remuneration derived by a resident of a Contracting State in
respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.

    Notwithstanding  the  provisions  of  paragraph  1,  remuneration

derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if:

a) the recipient is present in the other State for a period
or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned, and

b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and

c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.

    Notwithstanding   the   preceding   provisions   of   this

Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic, may be taxed in the Contracting State in which the enterprise operating such ship or aircraft is a resident.

DIRECTORS’ FEES

Directors’ fees and other similar payments derived by a
resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State.

ARTISTES AND SPORTSMEN

    Notwithstanding  the  provisions  of  Articles  14  and  15,  income

derived by a resident of a Contracting State as an entertainer, such as a
theatre, motion picture, radio or television artiste, or a musician, or as a sportsman, from
his personal activities as such exercised in the other Contracting State, may be taxed in that other State.

    Where income in respect of personal activities exercised by an

entertainer or a sportsman in his capacity as such accrues not to the entertainer or sportsman himself but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsman are exercised.

    The provisions of paragraphs 1 and 2 shall not apply to income

derived from activities performed in a Contracting State by entertainers or sportsmen if the visit to that State is substantially supported by the other Contracting State
or a political subdivision or local authority thereof or by funds basically financed
by those authorities. In such case the income shall be taxable only in the State of which the entertainer or sportsman is a resident.

PENSIONS

Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State.

GOVERNMENT SERVICE

     a)       Salaries, wages and other similar remuneration, other than

a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.

b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who:

i) is a national of that State; or

ii) did not become a resident of that State solely for the purpose of rendering the services.

       a)       Any pension paid by, or out of funds created by, a

Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.

b) However, such pension shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that State.

    The provisions of Articles 15, 16, 17 and 18 shall 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 State or a political subdivision or a local authority thereof.

STUDENTS AND BUSINESS APPRENTICES

Payments which a student or business apprentice who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of his education or training receives for the purpose of his maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State.

OTHER INCOME

    Items  of  income  of  a  resident  of  a  Contracting  State,

wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State.

    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 recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State 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 income is paid is effectively connected with such permanent establishment or fixed base. In such case the
provisions of Article 7 or Article 14, as the case may be, shall apply.

OFFSHORE ACTIVITIES

    The provisions of this Article shall apply notwithstanding any other

provision of this Convention.

     A  person  who  is  a  resident  of  a  Contracting  State  and

carries on activities offshore in the other Contracting State in connection with
the exploration or exploitation of the seabed and subsoil and their natural resources situated in that other State shall, subject to paragraphs 3 and 4 of this Article, be
deemed in relation to those activities to be carrying on business in that other State
through a permanent establishment or fixed base situated therein.

    The provisions of paragraph 2 shall not apply where the activities

are carried on for a period not exceeding 30 days in the aggregate in any twelve months period. However, for the purposes of this paragraph:

a) activities carried on by a person who is associated with another person shall be regarded as carried on by the other person if the activities in question are substantially the same as those carried on by the first mentioned person;

b) a person shall be deemed to be associated with another person if one is controlled directly or indirectly by the other, or both are controlled directly or indirectly by a third person or persons.

    Profits derived by a resident of a Contracting State from the

transportation of supplies or personnel to a location, or between locations,
where activities in connection with the exploration or exploitation of the seabed and
subsoil and their natural resources are being carried on in a Contracting State, or from the operation of tugboats and other vessels auxiliary to such activities, shall be
taxable only in the Contracting State of which the enterprise is a resident.

        a)         Subject  to  sub-paragraph  b)  of  this  paragraph,

salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with the exploration or exploitation of the seabed and subsoil and their natural resources situated in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State. However, such remuneration shall be taxable only in the first- mentioned State if the employment is carried on offshore for an employer who is not a resident of the other State and for a period or periods not exceeding in the aggregate 30 days in any twelve-months period.

b) Salaries, wages and similar remuneration derived by a
resident of a Contracting State in respect of an employment exercised aboard a ship or aircraft engaged in the transportation of supplies or personnel to a location, or between locations, where activities connected with the exploration or exploitation of the seabed and subsoil and their natural

resources are being carried on in a Contracting State, or in respect of an employment exercised aboard tugboats or other vessels operated auxiliary to such activities, shall be taxable only in the Contracting State of which the enterprise is a resident.

    Gains derived by a resident of a Contracting State from the

alienation of:

a) exploration or exploitation rights; or

b) property situated in the other Contracting State and used in connection with the exploration or exploitation of the seabed and subsoil and their natural resources situated in that other State; or

c) shares deriving their value or the greater part of their value directly or indirectly from such rights or such property or from such rights and such property taken together;

may be taxed in that other State.

In this paragraph "exploration or exploitation rights" means rights to assets to be produced by the exploration or exploitation of the seabed and
subsoil and their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.

ASSISTANCE IN COLLECTION

     The Contracting States undertake to lend an assistance to  each

other in the collection of the taxes owed by a taxpayer to the extent that the amount thereof has been finally determined according to the laws of the Contracting
State making the request for assistance.

    In the case of a request by a Contracting State for the collection

of taxes which has been accepted for collection by the other Contracting State, such taxes shall be collected by that other State in accordance with the laws applicable to the collection of its own taxes and as if the taxes to be so collected were its own taxes.

    Any  request  for  collection  by  a  Contracting  State  shall  be

accompanied by such certificate as if required by the laws of that State to establish that the taxes owed by the taxpayer have been finally determined.

    Where the tax claim of a Contracting State has not been finally

determined by reason of it being subject to appeal or other proceedings, that State may, in order to protect its revenues, request the other Contracting State to take such interim measures for conservancy on its behalf as are available to the other State under the laws of that other State. If such request is accepted by the other State, such interim measures shall be taken by that other State as if the taxes owed to the first-mentioned State were the own taxes of that other State.

    A request under paragraphs 3 or 4 shall only be made by a

Contracting State to the extent that sufficient property of the taxpayer owing the taxes is not available in that State for recovery of the taxes owed.

    The  Contracting  State  in  which  tax  is  recovered  in

accordance with the provisions of this Article shall forthwith remit to the Contracting State on behalf of which the tax was collected the amount so recovered minus, where appropriate, the amount of extraordinary costs referred to in subparagraph 7 b).

    It is understood that unless otherwise agreed by the competent

authorities of both Contracting States:

a) ordinary costs incurred by a Contracting State in providing assistance shall be borne by that State;

b) extraordinary costs incurred by a Contracting State in providing assistance shall be borne by the other State and shall be payable regardless of the amount collected on its behalf by that other State.

As soon as a Contracting State anticipates that extraordinary cost may be incurred, it shall so advise the other Contracting State and indicate the estimated amount of such costs.

    In  this  Article,  the  term  “taxes”  means  the  taxes  to  which

the Convention applies and includes any interest and penalties relating thereto.

ELIMINATION OF DOUBLE TAXATION

     Where a resident of a Contracting State derives income which, in

accordance with the provisions of this Convention, may be taxed in the other Contracting State, the first-mentioned State shall allow as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in that other State. Such deduction shall not, however, exceed that part of the income tax, as computed
before the deduction is given, which is attributable, as the case may be, to the income
which may be taxed in that other State.

    Where in accordance with any provision of the Convention income

derived by a resident of a Contracting State is exempt from tax in that State, such State may nevertheless, in calculating the amount of tax on the remaining
income of such resident, take into account the exempted income.

NON-DISCRIMINATION

    Nationals of a Contracting State shall not be subjected in the other

Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States.

    Stateless  persons  who  are  residents  of  a  Contracting  State

shall not be subjected in either Contracting State to any taxation or any
requirement connected therewith, which is other or more burdensome than the taxation and
connected requirements to which nationals of the State concerned in the same circumstances are or may be subjected.

    The   taxation   on   a   permanent   establishment   which   an

enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any
personal allowances, reliefs and reductions for taxation purposes on account of civil
status or family responsibilities which it grants to its own residents.

    Except  where  the  provisions  of  paragraph  1  of  Article  9,

paragraph 5 of Article 11, or paragraph 4 of Article 12, apply, interest,
royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable
profits of such enterprise, be deductible under the same conditions as if they had
been paid to a resident of the first-mentioned State. Similarly, any debts of an
enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable capital of such enterprise, be deductible
under the same conditions as if they had been contracted to a resident of the first-mentioned State.

    Enterprises  of  a  Contracting  State,  the  capital  of  which  is

wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State 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 State are or may be subjected.

    The  provisions  of  this  Article  shall  apply  to  taxes  which

are subject of this Convention.

MUTUAL AGREEMENT PROCEDURE

    Where a person considers that the actions of one or both of the

Contracting States result or will result for him in taxation not in accordance with the provisions of this Convention, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under paragraph 1 of Article 24, to that of the Contracting State of which he is a national. 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 Convention.

    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 State, with a view to the avoidance of taxation which is not in accordance with the Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.

    The competent authorities of the Contracting States shall endeavour

to resolve by mutual agreement any difficulties or doubts arising as to the
interpretation or application of the Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention.

    The  competent  authorities  of  the  Contracting  States  may

communicate with each other directly, including through a joint commission consisting of themselves or their representatives, for the purpose of reaching an agreement in
the sense of the preceding paragraphs.

EXCHANGE OF INFORMATION

    The  competent  authorities  of  the  Contracting  States  shall

exchange such information as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by the Convention insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as confidential in the same manner as
information obtained under the domestic laws of that State 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, or the determination of appeals in relation to, the taxes covered by the
Convention. 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.

    In no case shall the provisions of paragraph 1 be construed so as to

impose on a Contracting State the obligation:

a) to carry out administrative measures at variance with the
laws and administrative practice of that or of the other Contracting State;

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 State;

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).

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Convention shall affect the fiscal privileges of
members of diplomatic missions or consular posts under the rules of general international law or under the provisions of special agreements.

ENTRY INTO FORCE

    The Contracting States shall notify each other in writing through

diplomatic channels on the completion of their respective procedures required for the entry into force of this Convention.

    This Convention shall enter into force on the date of of receipt of

the later of these notifications and thereupon the provisions of this Convention shall have effect:

a) in respect of tax withheld at source, for amounts paid or credited on or after the first day of January in the calendar year next following that in which the Convention enters into force and subsequent years; and

b) in respect of other taxes on income, for tax years or periods beginning on or after the first day of January in the calendar year next following that in which the Convention enters into force and subsequent years.

TERMINATION

This Convention shall remain in force indefinitely, but either
of the Contracting State may, on before 30th of June of any calendar year, beginning after the expiration of a period of five years from the date of its entry into force, give to the other Contracting State in writing, through diplomatic channels
a notice of termination. In such event, the Convention shall cease to have effect in respect of taxes on income relating to the calendar year (including accounting periods beginning in such year) next following that in wich the notice is given.

Done at on day of
, in duplicate in Russian, Icelandic and English languages, all three texts being equally authentic. In case of divergence in interpretation of the texts, the English text shall be the operative one.

For the Government of Republic of Iceland

For the Government of the Russian Federation

Iceland - Russia Tax Treaty

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