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(1) Interest arising in a Contracting State and received by a resident of the other Contracting State may be tax- ed in that other State.
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(2) However, such interest may be taxed in the Con- tracting State in which it arises and according to the law of that State, but the tax so charged shall not exceed: (a) 10 per cent of the gross amount of the interest if the interest is received by a bank, recognized as a bank- ing institution under the laws of that State; (b) 12.5 per cent of the gross amount of the interest in all other cases.
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(3) Notwithstanding the provisions of paragraph (2), (a) interest arising in the Federal Republic of Germany and paid to the Jamaican Government shall be exempt from German tax; (b interest arising in Jamaica and paid to the German Government, the Deutsche Bundesbank, the Kreditan- stalt fir Wiederaufbau or the Deutsche Gesellschaft für wirtschaftliche Zusammenarbeit (Entwicklungsge- sellschatt) shall be exempt from Jamaican tax. The competent authorities of the Contracting States shall determine by mutual agreement any other governmental institution to which this paragraph shall apply.
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(4) The term interest“ as used in this Article means income from Government securities, bonds or deben- tures, whether or not secured by mortgage and whether or not carrying a right to participate in profits, and debt- claims of every kind as well as all other income assi- milated to income from money lent by the taxation law of the State in which the income arises.
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(5) The provisions of paragraphs (1) and (2) shall not apply if the recipient of the interest, being a resident of a Contracting State, has in the other Contracting State in which the interest arises a permanent establishment with which the debt-claim from which the interest arises is effectively connected. In such a case, the provisions of Article 7 shall apply.
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(6) Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a Land, a political subdivision or a local authority thereof or a resident of that State. Where, however, the person pay- ing the interest, whether he is a resident of a Contract- ing State or not, has in a Contracting State a permanent establishment in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment, then such interest shall be deemed to arise in the Contracting State in which the permanent establishment is situated.
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(7) Where, owing to a special relationship between the payer and the recipient or between both of them and some other person, the amount of the interest paid, hav- ing regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the recipient in the absence of such relation- ship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Agreement.