tax-treaties.com
Choose agreementSOURCE EDITION
Find article

Germany – United States · Source editionArticle 32 Entry Into Force

Unreviewed · applicability unverified
Source ↗

(1)

1. This Convention shall be ratified and the instruments of ratification shall be exchanged at Washington as soon as pos- sible.

PDF page · 31

(2)

2. This Convention shall enter into force on the date on which the instruments of ratification are exchanged and shall have effect in both Contracting States a) in respect of taxes withheld at source as well as excise taxes imposed on insurance premiums for amounts paid or credited on or after 1 January, 1990; b) in respect of other taxes on income for any taxable year (Steuerjahr) or assessment period (Veranlagungszeitraum), as the case may be, beginning on or after 1 January, 1990, but excluding any fiscal year (Wirtschaftsjahr) commencing before such date; and c) in respect of taxes on capital for the taxes levied on items of capital owned on or after 1 January, 1990.

PDF page · 31

(3)

3. Where any greater relief from tax would have been afford- ed to a person entitled to the benefits of the Convention be- tween the United States of America and the Federal Republic of Germany for the Avoidance of Double Taxation with Respect to Taxes on Income and to certain other Taxes, signed on 22 July, 1954, as amended by the Protocol signed on 17 September, 1965 (“the 1954 Convention”), under that Convention than under this Convention, the 1954 Convention shall, at the elec- tion of such person, continue to have effect in its entirety for the first assessment period, or taxable year, with respect to which the provisions of this Convention would otherwise have effect under paragraph 2 b).

PDF page · 31PDF page · 32

(4)

4. Notwithstanding the foregoing provisions of this Article, the tax charged pursuant to paragraph 2 a) of Article 10 (Divi- dends) on dividends (within the meaning of paragraph 4 of that Article) paid or credited before 1 January, 1992, may exceed 5 percent of the gross amount of the dividends, but shall not exceed 10 percent thereof.

PDF page · 32

(5)

5. Notwithstanding the foregoing provisions of this Article, a) the provisions of paragraph 8 of Article 10 (Dividends) shall have effect in respect of taxes levied on the dividend equiv- alent amount for assessment periods or taxable years be- ginning on or after 1 January, 1991, but excluding fiscal years commencing before such date; for purposes of the preceding sentence the dividend equivalent amount shall be treated as paid on the last day of the company’s fiscal year; b) the provisions of the fourth sentence of paragraph 2 a) of Article 23 (Relief from Double Taxation) shall not have effect on dividends paid by a Regulated Investment Company prior to 1 January, 1991, provided that such Regulated In- vestment Company was in existence on 1 October, 1988.

PDF page · 32

(6)

6. Notwithstanding the foregoing provisions of this Article, the following shall apply with respect to items of income de- scribed in Article 11 (Interest) and in paragraphs 4 and 5 of Ar- ticle 10 (Dividends): a) the 1954 Convention, and not this Convention, shall apply to interest as that term is used in the 1954 Convention, in- cluding interest derived from a “partiarisches Darlehen” or a “Gewinnobligation”, paid or credited before 1 January, 1991; b) income from debt obligations to which paragraph 4 of Article 10 (Dividends) applies, and income derived from a “partiarisches Darlehen” or a “Gewinnobligation” to which paragraph 5 of Article 10 (Dividends) does not apply, and that is paid or credited on or after 1 January, 1991, shall be taxable in the Contracting State in which it arises at the rates provided for in paragraphs 2 and 3 of Article 10; c) income derived under a “Stille Gesellschaft”, and income derived from “jouissance” shares or “jouissance” rights, to which paragraph 5 of Article 10 (Dividends) applies and that is paid or credited before 1 January, 1991, shall be taxable in the Contracting State in which it arises at a rate not ex- ceeding 15 percent of the gross amount; d) income derived under a “Stille Gesellschaft”, and income derived from “jouissance” shares or “jouissance” rights, to which paragraph 5 of Article 10 (Dividends) does not apply, shall be taxable in the Contracting State in which it arises at the rates provided for in paragraphs 2 and 3 of Article 10 if such income is paid or credited on or after 1 January, 1990; and e) the foregoing provisions of this paragraph shall not apply to income described in paragraph 6 of Article 10 (Dividends) or in paragraph 3 of Article 11 (Interest).

PDF page · 32

(7)

7. The 1954 Convention shall cease to have effect when the provisions of this Convention take effect in accordance with this Article.

PDF page · 32
Source, edition and limits
Source edition
BGBl. 2008 II S. 611 | Included protocol entered 2007-12-28 (original publication footnote, PDF31); publication 2008-06-23; correction851 unresolved | Signed: 1989-08-29 | Gazette publication: 2008-06-23
Source form
Original official-publication PDF with native text layer; unreviewed language-separated machine transcription of that exact publication
Source scope
Exact officially published consolidation, not a privately synthesized or certified current-law text
Retrieved
2026-09-30
Text and language scope
UNREVIEWED ORIGINAL 611-PUBLICATION ONLY. Correction BGBl.2008 II S.851 is identified but its wording/incorporation is unresolved. NOT a corrected final version or current law. Printed line breaks, hyphens and PDF word spacing retained. Article14 deletion marker and Article18A conserved. Separate preamble, protocol and publication footnotes: /review/de-united-states-2008-consolidated/. No consolidation closing or signatories invented. Page references are not verified paragraph alignment.
Review status
Pending qualified human review; no wording, completeness, legal alignment or indexing approval.
Currentness
Original source edition; not a verified current-law consolidation. No current-law determination, qualified human wording/completeness review, legal alignment, or indexing approval. No exhaustive later-development check. Page links identify source pages, not verified paragraph correspondence. Original 611 publication only; Correction851 unresolved. No corrected-final-version or full-language accuracy claim. 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
Includes protocol signed 2006-06-01, entry 2007-12-28 (publication footnote4, PDF31). Separate official correction BGBl.2008 II S.851 is linked in retained BMF metadata; its wording and incorporation remain unresolved. No correction applied. 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. 2008 II S. 611
SHA-256
c712844fbd49d928461286efcca93ac57da6ead9def96d0efea940d3ad2333fd

Citation

Copyable citation

BGBl. 2008 II S. 611 | de-united-states-2008-consolidated | BGBl. 2008 II S. 611 | Included protocol entered 2007-12-28 (original publication footnote, PDF31); publication 2008-06-23; correction851 unresolved | Signed: 1989-08-29 | Gazette publication: 2008-06-23 | Article 32 | en | Pending qualified human review; no wording, completeness, legal alignment or indexing approval. | /library/treaties/de-united-states-2008-consolidated/en/articles/article-32/

Disclaimers

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

BGBl. 2008 II S. 611

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.

Source, edition and limits

Choose agreement