[Code of Federal Regulations]
[Title 26, Volume 18, Parts 500 to 599]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR502.1]

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                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 502--GREECE--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 502.1  Introductory.


    (a) The income tax convention and protocol between the United States 
and Greece, signed February 20, 1950, and April 20, 1953, respectively, 
and proclaimed by the President of the United States on January 15, 
1954, referred to in this part as the convention, provides in part as 
follows effective January 1, 1953:

                                Article I

    (1) The taxes which are the subject of the present Convention are:
    (a) In the case of the United States of America: the Federal income 
tax, including surtaxes (hereinafter referred to as United States tax).
    (b) In the case of the Kingdom of Greece: the income tax, including 
the schedular or analytical tax, the complementary tax and the 
professional or business tax (hereinafter referred to as Greek tax).
    (2) The present Convention shall also apply to any other taxes of a 
substantially similar character imposed by either Contracting State 
subsequently to the date of signature of the present Convention.

                               Article II

    (1) In the present Convention, unless the context otherwise 
requires--
    (a) The term ``United States'' means the United States of America 
and when used in a geographical sense means the States, the Territories 
of Alaska and Hawaii, and the District of Columbia.
    (b) The term ``Greece'' means the territories of the Kingdom of 
Greece.
    (c) The term ``United States Corporation'' means a corporation, 
association or other like entity created or organized in or under the 
laws of the United States.
    (d) The term ``Greek Corporation'' means a legal entity established 
under the laws of Greece.
    (e) The terms ``corporations of one Contracting State'' and 
``corporation of the other Contracting State'' mean a United States 
corporation or a Greek corporation, as the context requires.
    (f) The term ``United States enterprise'' means an industrial or 
commercial enterprise or undertaking carried on in the United States by 
a citizen or resident of the United States or by a United States 
corporation.
    (g) The term ``Greek Enterprise'' means an industrial or commercial 
enterprise or undertaking carried on in Greece by a subject or resident 
of Greece or by a Greek corporation.
    (h) The terms ``enterprise of one of the Contracting States'' and 
``enterprise of the other Contracting State'' mean a United States 
enterprise or a Greek enterprise, as the context requires.
    (i) The term ``permanent establishment'', when used with respect to 
an enterprise of one of the Contracting States, means a branch, factory 
or other fixed place of business, but does not include an agency unless 
that agent has, and habitually exercises, a general authority to 
negotiate and conclude contracts on behalf of such enterprise or has a 
stock of merchandise from which he regularly fills orders on behalf of 
such enterprise. An enterprise of one of the Contracting States shall 
not be deemed to have a permanent establishment in the other Contracting 
State merely because it carries on business dealings in such other 
Contracting State through a bona fide commission agent, broker or 
custodian acting in the ordinary course of his business as such. The 
fact that

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an enterprise of one of the Contracting States maintains in the other 
Contracting State a fixed place of business exclusively for the purchase 
of goods or merchandise shall not of itself constitute such fixed place 
of business a permanent establishment of such enterprise. When a 
corporation of one Contracting State has a subsidiary corporation which 
is a corporation of the other Contracting State or which is engaged in 
trade or business in such other Contracting State, such subsidiary 
corporation shall not, merely because of that fact, be deemed to be a 
permanent establishment of its parent corporation.
    (j) The term ``competent authority'' or ``competent authorities'' 
means, in the case of the United States, the Commissioner of Internal 
Revenue or his duly authorized representative; in the case of Greece, 
the General Director of Direct Taxes, or his duly authorized 
representative.
    (2) In the application of the provisions of the present Convention 
by either of the Contracting States, any term which is not defined in 
the present Convention shall, unless the context otherwise requires, 
have the meaning which that term has under the laws of such Contracting 
State relating to the taxes which are the subject of the present 
Convention.

                                * * * * *

                               Article VI

    (1) Interest (on bonds, securities, notes, debentures, or on any 
other form of indebtedness) received from sources within the United 
States by a resident or corporation of Greece not engaged in trade or 
business in the United States through a permanent establishment therein, 
shall be exempt from United States tax; but such exemption shall not 
apply to such interest paid by a United States corporation to a Greek 
corporation controlling, directly or indirectly, more than 50 percent of 
the entire voting power in the paying corporation.
    (2) Interest (on bonds, securities, notes, debentures, or on any 
other form of indebtedness) received from sources within Greece by a 
resident or corporation of the United States not engaged in trade or 
business in Greece through a permanent establishment therein, shall be 
exempt from Greek tax but only to the extent that such interest does not 
exceed 9 percent per annum; but such exemption shall not apply to such 
interest paid by a Greek corporation to a United States corporation 
controlling, directly or indirectly, more than 50 percent of the entire 
voting power in the paying corporation.

                               Article VII

    Royalties for the right to use copyrights, patents, designs, secret 
processes and formulae, trade marks and other analogous property, and 
royalties (including rentals), (other than those in respect of motion 
picture films) for the use of industrial, commercial or scientific 
equipment, derived from sources within one of the Contracting States by 
a resident or corporation of the other Contracting State not engaged in 
trade or business in the former State through a permanent establishment 
therein, shall be exempt from tax by the former State.

                              Article VIII

    A resident or corporation of one of the Contracting States, deriving 
from sources within the other Contracting State royalties in respect to 
the operation of mines, quarries, or other natural resources, or rentals 
from real property, may elect for any taxable year to be subject to the 
tax of such other Contracting State on the basis of net income as 
determined under the laws of such other Contracting State during such 
taxable year.

                               Article IX

    Dividends and interest paid by a Greek corporation shall be exempt 
from United States tax except where the recipient is a citizen, resident 
or corporation of the United States.

                                * * * * *

                               Article XI

                                * * * * *

    (2) Private pensions and life annuities derived from within one of 
the Contracting States by an individual who is a resident of the other 
Contracting State shall be exempt from taxation by the former 
Contracting State.
    (3) The term ``pensions'' as used in this Article means periodic 
payments made in consideration for services rendered or by way of 
compensation for injuries received.
    (4) The term ``life annuities'' as used in this Article means a 
stated sum payable periodically at stated times during life, or during 
life, an obligation to make the payments in return for adequate and full 
consideration in money or money's worth.

                                * * * * *

                               Article XV

    (1) The authorities of each of the Contracting States, in accordance 
with the practices of that State, may prescribe regulations necessary to 
carry out the provisions of the present Convention.
    (2) With respect to the provisions of the present Convention 
relating to exchange of information and mutual assistance in the

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collection of taxes, the Contracting States may, in accordance with 
their respective practices, prescribe rules concerning matters of 
procedure, forms of application and replies thereto, conversion of 
currency, disposition of amounts collected, minimum amounts subject to 
collection, and related matters.

                               Article XVI

    (1) The provisions of the present Convention shall not be construed 
to restrict in any manner any exemption, deduction, credit or other 
allowance accorded by the laws of one of the Contracting States in the 
determination of the taxes imposed by such State.
    (2) Should any difficulty or doubt arise as to the interpretation or 
application of the present Convention, the competent authorities of the 
Contracting States shall undertake to settle the question by mutual 
agreement.
    (3) The citizens or subjects of one of the Contracting States shall 
not, while resident in the other Contracting State, be subjected therein 
to other or more burdensome taxes than are the citizens or subjects of 
such other Contracting State residing in its territory. The term 
``citizens'' or ``subjects'', as used in this Article, includes all 
legal persons, partnerships and associations deriving their status from, 
or created or organized under, the laws in force in, the respective 
Contracting States. In this Article the word ``taxes'' means taxes of 
every kind or description whether national, federal, state, provincial 
or municipal.

                                * * * * *

                              Article XVIII

    The competent authorities of the Contracting States shall exchange 
such information (being information which such authorities have at their 
disposal) as is necessary for carrying out the provisions of the present 
Convention or for the prevention of fraud or the administration of 
statutory provisions against legal avoidance in relation to the taxes 
which are the subject of the present Convention. Any information so 
exchanged shall be treated as secret and shall not be disclosed to any 
person other than those concerned with the assessment, and collection of 
the taxes which are the subject of the present Convention. No 
information shall be exchanged which would disclose a technical secret, 
or process relating to trade, industry, business, or a profession.

                                * * * * *

                               Article XX

    (1) In no case shall the provisions of Article XVIII and XIX be 
construed so as to impose upon either of the Contracting States the 
obligation:
    (a) To carry out administrative measures at variance with the 
regulations and practice of either Contracting State, or
    (b) To supply information which is not procurable under its own 
legislation or that of the State making application.
    (2) The State to which application is made for information or 
assistance shall comply as soon as possible with the request addressed 
to it. Nevertheless, such State may refuse to comply with the request 
for reasons of public policy or if compliance would involve disclosure 
of a technical secret or process relating to trade, industry, business, 
or a profession. In such case it shall inform, as soon as possible, the 
State making the application.

                               Article XXI

    (1) The present Convention shall be ratified and the instruments of 
ratification shall be exchanged at Athens as soon as possible.
    (2) The present Convention shall become effective on the first day 
of January of the year in which the exchange of the instruments of 
ratification takes place. It shall continue effective for a period of 
five years beginning with that date and indefinitely after that period, 
but may be terminated by either of the Contracting States at the end of 
the five-year period or at any time thereafter, provided that at least 
six months' prior notice of termination has been given, the termination 
to become effective on the first day of January following the expiration 
of the six-month period.

                                * * * * *

    (b) As used in this part, any term defined in the convention shall 
have the meaning so assigned to it; any term not so defined shall, 
unless the context otherwise requires, have the meaning which such term 
has under the internal revenue laws.