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Germany – Slovenia · Source editionArticle 23 Avoidance of Double Taxation in the State of Residence

Unreviewed · applicability unverified

(1)

(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 Slovenia and any item of capital situated within the Repub- lic of Slovenia which, according to this Agreement, may be taxed in the Republic of Slovenia. In the case of items of income from dividends the preceding provisions 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 Slovenia at least 10 per cent of the capital 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 senten- ces. 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 Slovenian tax paid under the laws of the Republic of Slovenia and in accordance with this Agreement: 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 Slovenia according to number 4 of the Protocol; ee) directors’ fees; items of income within the meaning of Article 17. ff) 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 Slovenia in the business year for which the dividends were paid was derived exclusively or almost exclusively from activities 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 such property (paragraph 4 of Article 6) and to profits from the alienation of such immovable the property (para- graph 1 of Article 13) and of the movable property forming part of the business property of the permanent establishment (paragraph 2 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 under the provisions of this Agreement are 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 the Agreement or attributed to different persons (except pursuant to Article 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 proper consultation the Federal Republic of Ger- many notifies the Republic of Slovenia through diploma- tic 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 allow- ing a tax credit from the first day of the calendar year next following that in which the notification was made.

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(2)

(2) Tax shall be determined in the case of a resident of the Republic of Slovenia as follows: a) Where a resident of the Republic of Slovenia derives income or owns capital which, in accordance with the provisions of this Agreement, may be taxed in the Federal Republic of Ger- many, the Republic of Slovenia shall allow: aa) as a deduction from the tax on the income of that resi- dent, an amount equal to the income tax paid in the Federal Republic of Germany; bb) as a deduction from the tax on the capital of that resi- dent, an amount equal to the capital tax paid in the Federal Republic of Germany. Such deduction in either case shall not, however, exceed that portion of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or capital which may be taxed in the Federal Republic of Germany. b) Where in accordance with any provision of the Agreement income derived or capital owned by a resident of the Repub- lic of Slovenia is exempt from tax in the Republic of Slovenia, the Republic of Slovenia may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital.

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Source, edition and limits
Source edition
de-slovenia-2006-base | BGBl. 2006 II S. 1091 | signed 2006-05-03 | published 2006-12-07 | Signed: 2006-05-03 | Gazette publication: 2006-12-07
Source form
official-publication PDF with native text layer; reader is a machine transcription
Source scope
original implementing law, bilingual base treaty and accompanying protocol; not a current consolidated text
Retrieved
2026-09-30
Text and language scope
This source supplies German and English versions. The signing clause also identifies Slovenian as authentic; that third version is NOT present in this reader. Missing here does not mean globally unavailable. Unreviewed coordinate-based machine transcription of this original source edition only. Printed line breaks, hyphens and uncertain token spacing are retained, not silently corrected. Treaty preamble, closing formula, protocol and shared signatures are separate retained assets, not part of the last article. Full supplements: /review/de-slovenia-2006-base/. PDF page links identify pages, not verified paragraph correspondence.
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 2006-05-03; consent law 2006-12-02; gazette publication 2006-12-07. Edition ID year is not a signature date. Treaty entry into force: not resolved as a single source-bound field by the retained audit. Roster general application: 2007-01-01 (not a universal tax-specific rule). Cached official article entry statements (may refer to multiple instruments): 19. Dezember 2006, 30. Juli 2012. 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. Later amending protocol signed 2011-05-17, entered into force 2012-07-30, general application 2012-07-30; NOT included in this base source. Tax-specific application needs review. Roster future-instrument/negotiation entry (NOT proof of operative amendment): Slowenien R-P P: 18.03.2024 KR KR. P = Paraphierung (initialled), NOT signature; U = signed, ratification pending; V = negotiation. R-P protocol/R-A replacement. 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. Known related/later instruments NOT included in this source (agent triage, not exhaustive): amending-protocol; signature date: 2011-05-17; entry into force: 2012-07-30; general application from: 2012-07-30; limit: Exact tax-specific application remains for protocol review.
Text language and status
en · authentic-language-transcription · machine-transcription
Citation
BGBl. 2006 II S. 1091
SHA-256
7c31fb7a3bb26cdc29af29f1edf7c8dcbb6f9d808599f7f25b7fd2a221d00454

Citation

Copyable citation

BGBl. 2006 II S. 1091 | de-slovenia-2006-base | de-slovenia-2006-base | BGBl. 2006 II S. 1091 | signed 2006-05-03 | published 2006-12-07 | Signed: 2006-05-03 | Gazette publication: 2006-12-07 | Article 23 | en | Pending human wording, completeness, source-authority, currentness, alignment and rendering review. No legal review performed. | /library/treaties/de-slovenia-2006-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. 2006 II S. 1091

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

Source details · Preamble and protocol

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