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1. Interest derived and beneficially owned by a resident of a Contracting State shall be taxable only in that State.
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2. The term “interest” as used in this Article means income from debt claims of every kind, whether or not secured by mortgage, and, in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as all other income that is treated as income from money lent by the taxation law of the Contracting State in which the income arises. Penalty charges for late payment shall not be regarded as interest for the purposes of this Convention. However, the term “interest” does not include income dealt with in Article 10 (Dividends).
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3. The provisions of paragraph 1 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, and the debt claim in respect of which the interest is paid forms part of the business property of such permanent establishment. In such a case the provisions of Article 7 (Business Profits) shall apply.
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4. Where, by reason of a special relationship between the payor and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt claim for which it is paid, exceeds the amount that would have been agreed upon by the payor and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such a case the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
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5. Where a company that is a resident of a Contracting State derives profits or income from the other Contracting State, then that other State may not impose any tax on interest paid by the company except insofar as such interest is paid by a permanent establishment of such company located in that other State, or out of income described in subparagraph b) of paragraph 9 of Article 10 (Dividends), or insofar as such interest is paid to a resident of that other State, or insofar as the debt claim underlying such interest payment forms part of the business property of a permanent establishment situated in that other State.
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6. Notwithstanding the provisions of paragraph 1, interest that is an excess inclusion with respect to a residual interest in a U. S. real estate mortgage investment conduit may be taxed by the United States in accordance with its domestic law.