CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA AND THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA AND THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION

CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA AND THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON PROPERTY


Inkraft seit 2005-01-01

Artikel 22
ELIMINATION OF DOUBLE TAXATION

Double taxation shall be eliminated as follows:  


1. In Austria:  


a) Where a resident of Austria derives income or owns property which, in accordance  with the provisions of this Convention, may be taxed in Moldova, Austria shall,  subject to the provisions of sub-paragraphs b) and c), exempt such income or  property from tax.  


b) Where a resident of Austria derives items of income which, in accordance with the  provisions of Articles 10, 11 and 12, may be taxed in Moldova, Austria shall allow  as a deduction from the tax on the income of that resident an amount equal to the tax paid in Moldova. Such deduction shall not, however, exceed that part of the tax,  as computed before the deduction is given, which is attributable to such items of  income derived from Moldova.


c) Where in accordance with any provision of the Convention income derived or  property owned by a resident of Austria is exempt from tax in Austria, Austria may  nevertheless, in calculating the amount of tax on the remaining income or property  of such resident, take into account the exempted income or property.  


d) The provisions of sub-paragraph a) shall not apply to income derived or property  owned by a resident of Austria where Moldova applies the provisions of this  Convention to exempt such income or property from tax or applies the provisions of  paragraph 2 of Article 10, 11 or 12 to such income.


2. In Moldova:  


a) Where a resident of Moldova derives income or owns property which, in accordance  with the provisions of this Convention, may be taxed in Austria, Moldova shall allow: 


(i) as a deduction from the tax on the income of that resident, an amount equal to the  income tax paid in Austria;  


(ii) as a deduction from the tax on the property of that resident, an amount equal to the  tax on property paid in Austria.  


Such deduction in either case shall not, however, exceed that part of the income tax or tax  on property, as computed before the deduction is given, which is attributable, as the case  may be, to the income or the property which may be taxed in Austria. 


b) Where in accordance with any provision of the Convention income derived or property  owned by a resident of Moldova is exempt from tax in Moldova, Moldova may nevertheless,  in calculating the amount of tax on the remaining income or property of such resident, take  into account the exempted income or property.