POSITIONS ON ARTICLE 18¶
(PENSIONS) AND ITS COMMENTARY
1. (Deleted on 15 July 2005 see History)
1.1 (Deleted on 15 July 2005 see History)
2. Brazil,Bulgaria,Ivory Coast,South AfricaandUkrainereserve the right to include in paragraph 1 an explicit reference to annuities.(Amended on 17 July 2008 see History)
3. (Deleted on 17 July 2008 see History)
4. (Deleted on 15 July 2005 see History)
5. (Deleted on 17 July 2008 see History)
Paragraph 1Deleted on 15 July 2005 by the report entitled “The 2005 Update to the Model Tax Convention”, adopted by the OECD Council on 15 July 2005. After 28 January 2003 and until 15 July 2005, paragraph 1 read as follows:“1. Brazil,Gabon,South AfricaandThailandreserve the right to provide that the Contracting State in which pensions and other similar remuneration and annuities arise has a right to tax, albeit not the exclusive right.”
Paragraph was amended on 28 January 2003, by adding Gabon to the list of countries indicating the position, by the report entitled “The 2002 Update to the Model Tax Convention”, adopted by the OECD Council on 28 January 2003. After 23 October 1997 and until 28 January 2003, paragraph 1 read as follows:“1. Brazil,South AfricaandThailandreserve the right to provide that the Contracting State in which pensions and other similar remuneration and annuities arise has a right to tax, albeit not the exclusive right.”
Paragraph 1 was included when this section was added in 1997 by the report entitled “The 1997 Update to the Model Tax Convention”, adopted by the OECD Council on 23 October 1997.
Paragraph 1.1Deleted on 15 July 2005 by the report entitled “The 2005 Update to the Model Tax Convention”, adopted by the OECD Council on 15 July 2005. After 28 January 2003 and until 15 July 2005, paragraph 1.1 read as follows:“1.1 Tunisiareserves the right to propose that all pensions be taxable only in the country of residence of the recipient.”
Paragraph 1.1 was added on 28 January 2003 by the report entitled “The 2002 Update to the Model Tax Convention”, adopted by the OECD Council on 28 January 2003.
Paragraph 2Amended on 17 July 2008, by changing the list of countries indicating the position by adding Brazil and deleting Malaysia, by the report entitled “The 2008 Update to the Model Tax Convention”, adopted by the OECD Council on 17 July 2008. After 15 July 2005 and until 17 July 2008, paragraph 2 read as follows:“2. Bulgaria,Ivory Coast,Malaysia,South AfricaandUkrainereserve the right to include in paragraph 1 an explicit reference to annuities.”
Paragraph 2 was previously amended on 15 July 2005, by changing the list of countries indicating the position by adding Malaysia and deleting Brazil and Romania, by the report entitled “The 2005 Update to the Model Tax Convention”, adopted by the OECD Council on 15 July 2005. After 28 January 2003 and until 15 July 2005, paragraph 2 read as follows:“2. Brazil,Bulgaria,Ivory Coast,Romania,South AfricaandUkrainereserve the right to include in paragraph 1 an explicit reference to annuities.”
Paragraph 2 was previously amended on 28 January 2003, by adding Bulgaria and Ivory Coast to the list of countries indicating the position, by the report entitled “The 2002 Update to the Model Tax Convention”, adopted by the OECD Council on 28 January 2003. After 23 October 1997 and until 28 January 2003, paragraph 2 read as follows:“2. Brazil,Bulgaria,Ivory Coast,Romania,South AfricaandUkrainereserve the right to include in paragraph 1 an explicit reference to annuities.”
Paragraph 2 was included when this section was added in 1997 by the report entitled “The 1997 Update to the Model Tax Convention”, adopted by the OECD Council on 23 October 1997.
Paragraph 3Deleted on 17 July 2008 by the report entitled “The 2008 Update to the Model Tax Convention”, adopted by the OECD Council on 17 July 2008. After 23 October 1997 and until 17 July 2008, paragraph 3 read as follows:“3. RussiaandUkrainereserve their position on this Article. When negotiating conventions, the Ukrainian and Russian authorities will request that the Contracting State in which the pensions arise be given the exclusive right to tax.Ukrainewill insist, at a minimum, on a provision according to which pensions paid under the social security legislation of a Contracting State shall be taxable only in that State.”
Paragraph 3 was included when this section was added in 1997 by the report entitled “The 1997 Update to the Model Tax Convention”, adopted by the OECD Council on 23 October 1997.
Paragraph 4Deleted on 15 July 2005 by the report entitled “The 2005 Update to the Model Tax Convention”, adopted by the OECD Council on 15 July 2005. After 28 January 2003 and until 15 July 2005, paragraph 4 read as follows:“4. Bulgariareserves the right to include a provision according to which pensions paid and similar payments made under a public scheme which is part of the social security system of a Contracting State shall be taxable only in that State.”
Paragraph 4 was added on 28 January 2003 by the report entitled “The 2002 Update to the Model Tax Convention”, adopted by the OECD Council on 28 January 2003.
Paragraph 5Deleted on 17 July 2008 by the report entitled “The 2008 Update to the Model Tax Convention”, adopted by the OECD Council on 17 July 2008. After 28 January 2003 and until 17 July 2008, paragraph 5 read as follows:“5. Moroccoreserves the right to include a provision according to which pensions, other than private pensions, like public pensions, social security pensions and benefits, benefits on account of industrial injury, employment benefits, alimonies and other annuities, may be taxable in the Source State.”
Paragraph 5 was added on 28 January 2003 by the report entitled “The 2002 Update to the Model Tax Convention”, adopted by the OECD Council on 28 January 2003.