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1983
United Nations—Treaty Series · Nations Unies—Recueil des Traités
55
ADDITIONAL PROTOCOL TO THE CONVENTION BETWEEN THE GOVERNMENT OF THE KINGDOM OF DENMARK AND THE GOVERNMENT OF THE ITALIAN REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL AND THE PREVENTION OF FISCAL EVASION

At the signing of the Convention concluded today between the Government of the Kingdom of Denmark and the Government of the Italian Republic for the avoidance of double taxation with respect to taxes on income and on capital and the prevention of fiscal evasion the undersigned have agreed upon the following additional provisions which shall form an integral part of the said Convention.

It is understood:

(a) That, in connection with the provisions of article 2, where a tax on capital is subsequently introduced in Italy the Convention shall also apply to such tax;
(b) That, with reference to article 7, paragraph 3, the expression "expenses which are incurred for the purposes of the permanent establishment" means the expenses directly connected with the activity of the permanent establishment;
(c) That, with reference to paragraph 3 of article 15, remuneration derived by a resident of Denmark in respect of an employment exercised aboard an aircraft operated in international traffic by the Scandinavian Airlines System (SAS) consortium shall remain taxable according to paragraph I of article 15;
(d) That the Danish tax on capital levied in accordance with the Convention shall be set off against any tax on capital subsequently introduced in Italy in the manner provided for in article 24, paragraphs 2 and 4;
(e) That, with reference to paragraph I of article 26, the expression "notwithstanding the remedies provided by the national laws" means that the mutual agreement procedure is not alternative with the national contentious proceedings which shall be, in any case, preventively initiated, when the claim is related with an assessment of the Italian taxes not in accordance with this Convention;
(f) The provision of paragraph 3 of article 30 shall not affect the competent authorities of the Contracting States from the carrying out, by mutual agreement, of other practices for the allowance of the reductions for taxation purposes provided for in this Convention.

Vol. 1332, 1-22348

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