(1) Tax shall be determined in the case of a resident of the
Federal Republic of Germany as follows:
a) Unless foreign tax credit is to be allowed under sub-para-
graph b), there shall be exempted from the assessment basis
of the German tax any item of income arising in the Republic
of Costa Rica and any item of capital situated within the Re-
public of Costa Rica which, according to this Agreement,
may be taxed in the Republic of Costa Rica.
In the case of items of income from dividends the preceding
provision shall apply only to such dividends as are paid to a
company (not including partnerships) being a resident of the
Federal Republic of Germany by a company being a resident
of the Republic of Costa Rica at least 10 per cent of the cap-
ital of which is owned directly by the German company and
which were not deducted when determining the profits of the
company distributing these dividends.
There shall be exempted from the assessment basis of the
taxes on capital any shareholding the dividends of which if
paid, would be exempted, according to the foregoing sen-
tences.
b) Subject to the provisions of German tax law regarding credit
for foreign tax, there shall be allowed as a credit against Ger-
man tax on income payable in respect of the following items
of income the Costa Rican tax paid under the laws of the
Republic of Costa Rica and in accordance with this Agree-
ment:
aa) dividends not dealt with in sub-paragraph a);
bb) interest;
cc) royalties;
dd) items of income that may be taxed in the Republic of
Costa Rica according to paragraph 2 of Article 13;
ee) items of income that may be taxed in the Republic of
Costa Rica according to paragraph 3 of Article 15;
ff)
directors’ fees;
gg) items of income within the meaning of article 17.
c) The provisions of sub-paragraph b) shall apply instead of the
provisions of sub-paragraph a) to items of income as defined
in Articles 7 and 10 and to the assets from which such in-
come is derived if the resident of the Federal Republic of Ger-
many does not prove that the gross income of the permanent
establishment in the business year in which the profit has
been realised or of the company resident in the Republic of
Costa Rica in the business year for which the dividends were
paid was derived exclusively or almost exclusively from ac-
tivities within the meaning of nos. 1 to 6 of paragraph 1 of
section 8 of the German Law on External Tax Relations
(Aussensteuergesetz); the same shall apply to immovable
property used by a permanent establishment and to income
from this immovable property of the permanent establish-
ment (paragraph 4 of Article 6) and to profits from the alien-
ation of such immovable property (paragraph 1 of Article 13)
and of the movable property forming part of the business
property of the permanent establishment (paragraph 3 of
Article 13).
d) The Federal Republic of Germany, however, retains the right
to take into account in the determination of its rate of tax the
items of income and capital, which are under the provisions
of this Agreement exempted from German tax.
e) Notwithstanding the provisions of sub-paragraph a) double
taxation shall be avoided by allowing a tax credit as laid
down in sub-paragraph b)
aa) if in the Contracting States items of income or capital are
placed under differing provisions of this Agreement or
attributed to different persons (except pursuant to Art -
icle 9) and this conflict cannot be settled by a procedure
in accordance with paragraph 3 of Article 25 and if as a
result of this difference in placement or attribution the
relevant income or capital would remain untaxed or be
taxed lower than without this conflict or
bb) if after due consultation with the competent authority of
the Republic of Costa Rica the Federal Republic of
Germany notifies the Republic of Costa Rica through
diplomatic channels of other items of income to which it
intends to apply the provisions of sub-paragraph b).
Double Taxation is then avoided for the notified income
by allowing a tax credit from the first day of the calendar
year, next following that in which the notification was
made.
(2) Tax shall be determined in the case of a resident of the
Republic of Costa Rica as follows:
Where a resident of the Republic of Costa Rica derives income
from the Federal Republic of Germany which may be taxed in
the Federal Republic of Germany under the laws of the Federal
Republic of Germany in accordance with the provisions of the
Agreement, in respect of that income, the amount of German tax
payable shall be allowed as a credit against the Costa Rican tax
payable imposed on that resident. The amount of credit shall not,
however, exceed that part of Costa Rican tax as computed be-
fore the credit is given, which is appropriate to that income.