Convention between the Kingdom of the Netherlands and the United States of America for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on estates and inheritances:artikel 11

Article 11 Credits

Geldend

Documentgegevens:

Geldend vanaf 03-02-1971

Bronpublicatie:: 15-07-1969, Trb. 1969, 221 (uitgifte: 19-11-1969, kamerstukken/regelingnummer: -)
Inwerkingtreding: 03-02-1971
Bronpublicatie inwerkingtreding:: 17-02-1971, Trb. 1971, 33 (uitgifte: 01-01-1971, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal belastingrecht (V)
Internationaal belastingrecht / Voorkoming van dubbele belasting
Internationaal belastingrecht / Belastingverdragen
Schenk- en erfbelasting (V)

(1)

Where both States impose tax with respect to property which may be taxed by a State in accordance with Article 6 or 7, a State which imposes its tax on the basis of the decedent's domicile therein or citizenship thereof at death shall allow a credit equal to the amount of the tax imposed by the other State with respect to property which may be taxed by such other State in accordance with Article 6 or 7.

(2)

In addition to any credit allowable under paragraph (1), where both States impose tax with respect to property which is not property which one of the States may tax in accordance with Article 6 or 7:

(a): If the decedent was a citizen of only one State at death and if at his death he had been domiciled in the other State in the aggregate 7 or more years during the 10–year period ending at his death, then the State of which he was a citizen shall allow a credit equal to the amount of the tax imposed by such other State;
(b): If the decedent was a citizen of both States and a domiciliary of one State at death, then the State of which he was not a domiciliary shall allow a credit equal to the amount of the tax imposed by the other State; or
(c): If neither subparagraph (a) nor subparagraph (b) is applicable, then each State shall allow a credit in the amount which bears the same proportion to the amount of its tax attributable to such property, or to the amount of the other State's tax attributable to the same property, whichever is less, as the former amount bears to the sum of both amounts.

(3)

Notwithstanding the provisions of paragraphs (1) and (2), the total amount of all credits allowed by a State pursuant to this Article or pursuant to the laws or other conventions of such State with respect to all property in respect of which a credit is allowable under paragraph (1) or (2) (a) or (b) shall not exceed that part of the tax of the crediting State which is attributable to such property.

(4)

In determining the amount of the tax imposed by a State with respect to or attributable to property there shall be subtracted from the gross tax so imposed all credits allowed by such State with respect to such property except credits which are allowable under this article.

(5)

As used in paragraphs (1) and (2) of this Article, reference to property which may be taxed by a State in accordance with Article 6 or 7 includes property which would be taxable by a State under the terms of one of those articles if taxable by the State under its laws, whether or not it is also taxable on the basis of the decedent's domicile or citizenship at death.

(6)

No credit shall be finally allowed under this Article until the tax for which the credit is allowable (reduced by any credit allowable with respect thereto) has been paid

(7)

Any credits authorized by this Article are in lieu of, and not in addition to, any credits authorized by the respective laws of the States for the taxes of the other State.