Resolução da Assembleia da República n.º 88/2013 — Aprova a Convenção entre a República Portuguesa e a República do Peru para Evitar a Dupla Tributação e Prevenir a…

In the case of Peru, the term «person» shall include estates in the course of administration («sucesiones indivisas») as well as matrimonial partnerships («sociedades conyugales»), both of which shall be treated as an individual for the purposes of the Convention.

3 - With reference to article 5, paragraph 3:

For the purposes of computing the time period or periods mentioned in paragraph 3 of article 5 of the Convention, it is agreed that the duration of the activities carried on by an enterprise shall include the activities carried on by associated enterprises, within the meaning of article 9 of the Convention, if the activities carried on by the associated enterprises are identical or substantially similar and are carried on in connection with the same site or project.

4 - With reference to article 10, paragraph 3:

In the case of Portugal, the term «dividends» shall also include profits attributed under an arrangement for participation in profits («associação em participação»).

5 - With reference to paragraph 2 of articles 11 and 12:

If Peru, under a convention concluded with another member State of the OECD or of the European Union after the entry into force of the Convention, agrees on a tax rate on interest or royalties that is lower than the one provided in this Convention, such lower rate shall, for the purposes of the Convention and under the terms provided for in the convention with such State, automatically apply with respect to paragraph 2 of articles 11 or 12 of the Convention. Such lower rates shall in no case be less than 5 per cent. For the purposes of this provision, it is understood that Peru has concluded a convention with another member State of the OECD or of the European Union when such convention has entered into force. Peru shall send Portugal through diplomatic channel without delay the notification of the entry into force of such a convention.

6 - With reference to article 12, paragraph 3:

It is agreed that payments in relation to software shall only fall within the definition of «royalties» where less than the full rights to the software are transferred either if the payments are in consideration for the right to use a copyright on software for commercial exploitation (except payments for the right to distribute standardized software copies, not comprising the right either to customize nor to reproduce them) or if they relate to software acquired for the business use of the purchaser, when, in this last case, the software is not absolutely standardized but somehow adapted to the purchaser.

7 - With reference to article 13, paragraph 4:

It is agreed that the term «indirect alienation», for the purposes of paragraph 4 of article 13 of the Convention, means alienation by a resident of a Contracting State of shares, comparable interests, securities or other rights representing the capital of a company that owns, directly or through any other legal entity or entities, shares, comparable interests, securities or other rights representing the capital of a company which is a resident of the other Contracting State.

8 - With reference to article 18:

It is agreed that, notwithstanding the provisions of article 18 of the Convention, pensions, annuities and other similar remuneration paid to a resident of a Contracting State may also be taxed in the Contracting State from which they arise, if and insofar they are not taxed in the first mentioned Contracting State.

9 - With reference to article 25, paragraph 5:

In applying paragraph 5 of article 25, the Contracting States shall follow the constitutional and legal procedures necessary to obtain the requested information.

10 - With reference to article 26, paragraph 2:

It is agreed that the information received by a Contracting State may be used for other purposes when such information may be used for such other purposes under the laws of both States and the competent authority of the supplying State authorises such use.

11 - With reference to the Convention:

In witness whereof the undersigned, duly authorized thereto, have signed this Protocol.

Done in duplicate at Lisbon this 19 day of November 2012, in the spanish, portuguese and english languages, all texts being equally authentic. In case of any divergence of interpretation of the text of this Protocol, the english text shall prevail.

For the Portuguese Republic:

Paulo de Faria Lince Núncio, State Secretary for Tax Affairs.

For the Republic of Peru:

Rafael Roncagliolo Orbegoso, Minister for Foreign Affairs.