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HMRC internal manual

Double Taxation Relief Manual

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HM Revenue & Customs
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DT: Soviet Union: double taxation agreement, Article 9: Interest

(1) Interest arising in a Contracting State which is derived and beneficially owned by and paid to a person who is a resident of and has been present in the other Contracting State during the period of accrual of that interest shall be taxable only in that other State.
(2) The term `interest` as used in this Article means income from debt-claims of every kind and shall include income deemed by the law of the Contracting State in which such income arises to be income from money lent.
(3) The provisions of paragraph (1) of this Article shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on commercial activities in the other Contracting State through a permanent establishment situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with that permanent establishment. In such a case, the provisions of Article 6 shall apply.
(4) Where, by reason of an existing relationship between the payer and the beneficial owner of the interest or between both of them and some other person, the amount of interest paid exceeds, for whatever reason, the amount which would have been agreed upon by independent persons, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.