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Germany – United Kingdom · Source editionArticle 23 Elimination of double taxation

Unreviewed · applicability unverified

(1)

(1) Tax shall be determined in the case of a resident of Ger- many as follows: a) There shall be exempted from the assessment basis of the German tax any item of income arising in the United King- dom and any item of capital situated within the United King- dom which, according to this Convention, is effectively taxed in the United Kingdom and is not dealt with in subpara- graph b). In the case of items of income from dividends the preceding provision shall apply only to such dividends as are paid to a company (not including partnerships) being a resident of Ger- many by a company being a resident of the United Kingdom 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 sentences. b) Subject to the provisions of German tax law regarding cred- it for foreign tax, there shall be allowed as a credit against German tax payable in respect of the following items of in- come the United Kingdom tax paid under the laws of the United Kingdom and in accordance with this Convention: aa) dividends not dealt with in sub-paragraph a); bb) items of income that may be taxed in the United King- dom according to paragraph 2 of Article 13 (Capital gains); cc) directors’ fees; dd) items of income that may be taxed in the United King- dom according to Article 16 (Artistes and sportsmen). 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 income is derived if the resident of Germany 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 United Kingdom in the business year for which the dividends were paid was derived exclusively or almost exclusively from activities within the meaning of para- graph 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 this immovable property of the permanent establishment (paragraph 4 of Article 6) and to profits from the alienation of such immovable property (paragraph 1 of Article 13) and of the movable property forming part of the business property of the permanent establishment (para- graph 3 of Article 13). d) Germany, however, retains the right to take into account in the determination of its rate of tax the items of income and capital which are under the provisions of this Convention 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 different provisions of this Convention or attributed to different persons (except pursuant to Article 9) and this conflict cannot be settled by a proced - ure in accordance with paragraph 3 of Article 26 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 due consultation with the competent authority of the United Kingdom, Germany notifies the United King- dom through diplomatic 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 allowing a tax credit from the first day of the calendar year following that in which the notification was made.

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(2)

(2) Subject to the provisions of the law of the United Kingdom regarding the allowance as a credit against United Kingdom tax of tax payable in a territory outside the United Kingdom (which shall not affect the general principle hereof): a) German tax payable under the laws of Germany and in accordance with this Convention, whether directly or by deduction, on profits, income or chargeable gains from sources within Germany (excluding in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any United King- dom tax computed by reference to the same profits, income or chargeable gains by reference to which the German tax is computed; b) in the case of a dividend paid by a company which is a resi- dent of Germany to a company which is a resident of the United Kingdom and which controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividend, the credit shall take into account (in addition to any German tax for which credit may be allowed under the provisions of sub-paragraph a)) the German tax payable by the company in respect of the profits out of which such dividend is paid.

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(3)

(3) For the purposes of paragraph 2, profits, income and capital gains owned by a resident of the United Kingdom which may be taxed in Germany in accordance with this Convention shall be deemed to arise from sources in Germany.

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Source, edition and limits
Source edition
de-united-kingdom-2010-base | BGBl. 2010 II S. 1333 | Signed: 2010-03-30 | Gazette publication: 2010-11-23
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
German and English versions are present in the source and are identified by the signing clause. 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-united-kingdom-2010-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. No current-law consolidation, effective-period determination, MLI application, or complete amendment-chain verification has been performed. Original publication year is not a current applicability date. 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
The protocol printed with this agreement is separately preserved in source supplements; it has not been merged into treaty articles. Subsequent protocols, amendments, MLI effects, replacements and suspensions are unresolved. This is not a consolidated current-law 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: 2014-03-17; entry into force: 2015-12-29; general application from: 2016-01-01; limit: Exact tax-specific application remains for protocol review. / amending-protocol; signature date: 2021-01-12; entry into force: 2021-12-17; general application from: 2022-01-01; limit: Exact tax-specific application remains for protocol review.
Text language and status
en · authentic-language-transcription · machine-transcription
Citation
BGBl. 2010 II S. 1333
SHA-256
a0583349f76690b9e8351b5f73825e0f2567eded20049dae9be80a53f15b3389

Citation

Copyable citation

BGBl. 2010 II S. 1333 | de-united-kingdom-2010-base | de-united-kingdom-2010-base | BGBl. 2010 II S. 1333 | Signed: 2010-03-30 | Gazette publication: 2010-11-23 | Article 23 | en | Pending human wording, completeness, source-authority, currentness, alignment and rendering review. No legal review performed. | /library/treaties/de-united-kingdom-2010-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. 2010 II S. 1333

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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