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Germany – Jamaica · Source editionArticle 23 Relief from Double Taxation

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(1)

(1) Tax shall be determined in the case of a resident of the Federal Republic of Germany as follows: (a) Unless the provisions of sub-paragraph (b) apply, there shall be excluded from the basis upon which German tax is imposed, any item of income derived from sources within Jamaica and any item of capital situated within Jamaica, which, according to this Agreement, may be taxed in Jamaica. 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 so excluded. In the case of income from dividends the foregoing provisions shall apply only to such dividends as are paid to a company being a resident of the Federal Republic of Germany by a company being a resident of Jamaica if at least 25 per cent of the voting shares of the Jamaican company is owned directly by the German company. There shall also be excluded from the basis upon which German tax is imposed any shareholding, the dividends of which, if paid, would be excluded from the basis upon which tax is impos- ed according to the immediately foregoing sentence. Subject to the provisions of German tax law regard- (b = ing credit for foreign tax, there shall be allowed as a credit against German income and corporation tax, including the surcharge thereon, payable in respect of the following items of income derived from sour- ces within Jamaica the Jamaican tax paid unter the laws of Jamaica and in accordance with this Agree- ment on: (aa) dividends not dealt with in sub-paragraph (a) to which sub-paragraph (b), paragraph (2), of Arti- cle 10 applies; (bb) interest to which paragraph (2) of Article 11 applies; (cc) royalties to which paragraph (2) of Article 12 applies; (dd) gains to which paragraph (3) of Article 13 ap- plies; (ee) remuneration to which Article 16 applies; (ff) income to which Article 17 applies. The credit shall not, however, exceed that part of the German tax, as computed before the credit is given, which is appropriate to such items of income. (c) If in the cases (aa), (bb), and (cc) of sub-paragraph (b) above Jamaican tax on dividends, on interest, or on royalties in the meaning of paragraph (3) of Arti- cle 12 is wholly relieved or reduced below the rates of tax provided for in Articles 10, 11 or 12, by special incentive measures under Jamaican law designed to promote economic development in Jamaica, there shall be allowed as a credit against German income tax and corporation tax, including the surcharge thereon, on such dividends, interest or royalties an amount corresponding to the rate of tax provided for in the respective Articles. The credit allowed under the foregoing sentence shall, however, not exceed the amount of Jamaican tax which would have been payable but for such reduction.

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(2)

(2) Subject to the provisions of the law of Jamaica re- garding the allowance as a credit against Jamaican tax of tax payable in a territory outside Jamaica (which shall not affect the general principle hereof): (a ) German tax payable under the laws of the Federal Republic of Germany and in accordance with this Agreement, whether directly or by deduction, on profits or income from sources within the Federal Re- public of Germany (excluding in the case of a divi- dend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any Jamaican tax computed by refer- ence to the same profits or income by reference to which the German tax is computed. (b ) Where a company which is a resident of the Federal Republic of Germany pays a dividend to a company resident in Jamaica and which controls directly or indirectly at least 25 per cent of the voting shares in the first-mentioned company, the credit shall take into account (in addition to any German tax for which credit may be allowed under sub-paragraph (a) of this paragraph) the German tax payable by that first-mentioned company in respect of the profits out of which such dividend is paid. (c ~— For the purpose of this paragraph the term “ German tax“ shall not include the Gewerbesteuer (trade tax) computed on a basis other than profits or the Ver- mögensteuer (capital tax). (d = For the purpose of this paragraph, profits or re- muneration for personal (including professional) ser- vices performed in a Contracting State shall be deemed to be income from sources within that State.

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Source, edition and limits
Source edition
de-jamaica-1976-base | BGBl. 1976 II S. 1194 | signed 1974-10-08 | published 1976-07-17 | Signed: 1974-10-08 | Gazette publication: 1976-07-17
Source form
unchanged official-publication scan; separate 260-dpi local OCR machine transcription, NOT original native text
Source scope
original consent-law publication and base treaty with accompanying protocol; not current consolidated law
Retrieved
2026-09-30
Text and language scope
The original closing specifies German and English, equally authentic. No third authentic language is identified by these retained originals/audit; this is not a full-language accuracy certification. All text is unreviewed OCR, including retained wrong glyphs, punctuation, hyphens and spacing. Treaty preamble, closing, protocol, signatures, implementing law and any notes are retained separately at /review/de-jamaica-1976-base/. Exact physical-page spans and unresolved OCR at /review/de-jamaica-1976-base/evidence/. Source-page links are page references, not verified paragraph alignment.
Review status
Pending human wording, completeness, source authority, currentness, alignment and rendering review. No legal review performed.
Currentness
Original source edition; not a verified current-law consolidation. Unknown as current law. Signed 1974-10-08; consent law 1976-07-14; gazette publication 1976-07-17. Edition ID year is not a signature date. Treaty entry into force: 1976-09-13. Roster general application: 1973-01-01 (not a universal tax-specific rule). Cached official article entry statements (may refer to multiple instruments): 13. September 1976. Evidence is the retained 2026-10-01 agent audit of source PDF, 2026-01-01 roster and cached official HTML, not a fresh current-law determination. Bounded agent triage, no qualified wording/alignment/legal review. No exhaustive verification of all later 2026 developments. Matching digest proves retained source identity, not legal force.
Protocols and later instruments
Printed signature protocol retained separately and not merged into articles. MLI application and complete later amendments, replacements or suspensions are NOT verified. No developments after the retained roster snapshot are certified. This is NOT a current consolidated instrument. Source-triage warnings: Bounded agent triage, no qualified wording/alignment/legal review. No exhaustive verification of all later 2026 developments. Matching digest proves retained source identity, not legal force.
Text language and status
en · authentic-language-transcription · machine-transcription
Citation
BGBl. 1976 II S. 1194
SHA-256
9c21e0ddbeda70f9067191a616ffc242edf0320f0cdfe618b53669f0f64c982c

Citation

Copyable citation

BGBl. 1976 II S. 1194 | de-jamaica-1976-base | de-jamaica-1976-base | BGBl. 1976 II S. 1194 | signed 1974-10-08 | published 1976-07-17 | Signed: 1974-10-08 | Gazette publication: 1976-07-17 | Article 23 | en | Pending human wording, completeness, source authority, currentness, alignment and rendering review. No legal review performed. | /library/treaties/de-jamaica-1976-base/en/articles/article-23/

Disclaimers

Language switching retains matching article and paragraph identifiers. The mapping does not confirm reviewed legal or translational equivalence.

BGBl. 1976 II S. 1194

Unreviewed machine transcription. Not a verified current-law consolidation or legal advice. Later changes may be missing.

Source details · Preamble and protocol

Source-page links are references, not human paragraph verification.

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