পাতা:বাংলাদেশ গেজেট, অতিরিক্ত, জানুয়ারি ৩, ১৯৮৯.pdf/৯

বাংলাদেশ গেজেট, অতিরিক্স জানায়ারী ৩, ১৯৮৯ - . (b) 15 per cent of the gross amount of the dividends in all other cases. This paragraph shall not effect 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 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. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a State, carries on business in the other 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. 5. A resident of Bangladesh who receives dividends paid by a company which is a resident of France may obtain the refund of the prepayment (Precompte) relating to such dividends, in the event it had been paid by such company. Such refund shall be taxable in France according to the provisions of paragraբհ 2, - The gross amount of the prepayment (precompte) refunded shall be deemed to be dividends for the purposes of the provisions of this Convention. 6. Where a company which is a resident of a State derives profits or income from the other 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 Uther State. 7. Notwithstanding the provisions of paragraph 6 where a company which is a resident of a State carries on business in the other State through a permanent establishment situated therein, the profits of this permanent establishment shall, after having borne the Corporation tax, be liable to a tax the rate of which shall not exceed 15 per cent, according to the laws of that other State.