At the time of signing of this Agreement between the Government of New Zealand and the Government of the Socialist Republic of Viet Nam for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, the undersigned have agreed upon the following provisions which shall form an integral part of the Agreement:
With reference to Article 2 of the Agreement:
It is agreed that, notwithstanding the provisions of paragraphs 1 and 2 of that Article, the taxes covered by the Agreement do not include any penalties or interest imposed by either Contracting State in relation to non-compliance with the taxation laws of a Contracting State, including for late payment or non-payment of taxes.
With reference to Article 6 of the Agreement:
It is understood that the term
“standing timber” includes cultivated and naturally occurring forests.
With reference to Article 23 of the Agreement:
It is understood that this Article shall not apply to any provision of the laws of either Contracting State which:
(c) provides for consolidation of group entities for treatment as a single entity for tax purposes provided that a company, being a resident 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, may access such consolidation treatment on the same terms and conditions as other companies that are residents of the first-mentioned State;
With reference to Articles 10, 11 and 12 of the Agreement:
It is agreed that a trustee subject to tax in a Contracting State in respect of dividends, interest or royalties shall be deemed to be the beneficial owner of those dividends, that interest, or those royalties.
With reference to paragraph 1 of Article 25:
It is understood that if at any time after the date of signature of this Protocol, Viet Nam agrees to include a reference to Article 2 in the last sentence of that paragraph in any of its future Agreements on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, Viet Nam shall without undue delay enter into negotiations with New Zealand with a view to providing the same treatment.
IN WITNESS WHEREOF the undersigned, duly authorised by their respective Governments, have signed this Protocol.
DONE in duplicate at Ha Noi this 5th day August 2013 in the English and Vietnamese languages, both texts being equally authentic.
|Haike Manning|| ||Truong Tan Sang|
|For the Government of New Zealand|| ||For the Government of Socialist Republic of Viet Nam|