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- Items of income beneficially owned by a resident of a contracting state, wherever arising, which are not dealt with in the foregoing articles of this convention other than income paid out of trusts or the estates of deceased persons in the course of administration shall be taxable only in that state.
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- The provisions of paragraph (1) of this article shall not apply to income, other than income from immovable property as defined in paragraph (2) of article 6 of this convention, if the recipient of such income, being a resident of a contracting state, carries on business in the other contracting state through a permanent establishment situated therein, or performs in that other state independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14 of this convention, as the case may be, shall apply.
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- Where, by reason of a special relationship between the resident of a contracting state referred to in paragraph (1) of this article and some other person, or between both of them and some third person, the amount of the income referred to in paragraph (1) of this article exceeds the amount (if any) which would have been agreed upon between them in the absence of such a relationship, the provisions of this article shall apply only to the last mentioned amount. In such case, the excess part of the income shall remain taxable according to the laws of each contracting state, due regard being had to the other applicable provisions of this convention.
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- [REPLACED by paragraph 1 of Article 7 of the MLI] (Refer to paragraph immediately following Article 28 of the convention.) [The provisions of this article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the income is paid to take advantage of this article by means of that creation or assignment.]
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- [REPLACED by paragraph 1 of Article 7 of the MLI] (Refer to paragraph immediately following Article 28 of the convention.) [In the event that a resident of a contracting state is denied relief from taxation in the other contracting state by reason of the provisions of paragraph (4) of this article, the competent authority of that other contracting state shall notify the competent authority of the first-mentioned contracting state.]