[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: 26CFR516.1]

[Page 100-102]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 516--AUSTRIA--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 516.1  Introductory.


    (a) Pertinent provisions. The income tax convention between the 
United States and the Republic of Austria, signed on October 25, 1956, 
referred to in this part as the convention, provides in part as follows, 
effective on and after January 1, 1957:

                                Article I

    (1) The taxes referred to in this Convention are:
    (a) In the case of the United States of America: The federal income 
taxes, including surtaxes.
    (b) In the case of the Republic of Austria: The Einkommensteuer 
(income tax), the Koerperschaftsteuer (corporation tax) and the Beitrag 
vom Einkommen zur Foerderung des Wohnbaues und fuer Zwecke des 
Familienlastenausgleiches (housing reconstruction and family allowance 
contribution).
    (2) The present Convention shall also apply to any other income or 
profits tax of a substantially similar character which may be imposed by 
one of the contracting States after the date of signature of the present 
Convention.

                               Article II

    (1) As used in this Convention:
    (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 ``Austria'' means the Republic of Austria;
    (c) The term ``enterprise of one of the contracting States'' means, 
as the case may be, a United States enterprise or an Austrian 
enterprise;
    (d) The term ``United States enterprise'' means an industrial or 
commercial enterprise or undertaking carried on in the United States by 
a natural person (including an individual in his individual capacity or 
as a member of a partnership) resident in the United States or by a 
United States corporation or other entity; the term ``United States 
corporation or other entity'' means a corporation or other entity 
created or organized under the law of the United States or of any State 
or Territory of the United States;
    (e) The term ``Austrian enterprise'' means an industrial or 
commercial enterprise or undertaking carried on in Austria by a natural 
person (including an individual in his individual capacity or as a 
member of a partnership) resident in Austria or by an Austrian 
corporation; the term ``Austrian corporation'' means a corporation or 
other entity created or organized under the law of Austria;
    (f) The term ``permanent establishment'' means a branch, office, 
factory, workshop, a warehouse, a merchandising establishment, a mine, 
oil well or other place of exploitation of the ground or soil, a 
construction or assembly project or the like, the duration of which 
exceeds or will likely exceed twelve months, or other fixed place of 
business; but does neither include the casual and temporary use of mere 
storage facilities, nor an agent or employee unless the agent or 
employee has full power for the negotiation and concluding of contracts 
on behalf of an enterprise and also habitually exercises this power in 
that other State or has a stock of merchandise belonging to the 
enterprise of the other State from which he regularly fills orders on 
behalf of the enterprise. An enterprise of one of the contracting States 
shall not be deemed to have a permanent establishment in the other State 
merely because it carries on business dealings in such other State 
through a commission agent, broker, custodian or other independent 
agent, acting in the ordinary course of his business as such. The fact 
that an enterprise of one of the contracting States maintains in the 
other State a fixed place of business exclusively for the purchase of 
goods and merchandise shall not of itself constitute such fixed place of 
business a permanent establishment of the enterprise. The maintenance 
within the territory of one of the contracting States by an enterprise 
of the other contracting State of a warehouse for convenience of 
delivery and not for purposes of display shall not of itself constitute 
a permanent establishment within that territory. The fact that a 
corporation of one contracting State has a subsidiary corporation which 
is a corporation of the other State or which is engaged in trade or 
business in the other State shall not of itself constitute that 
subsidiary corporation a permanent establishment of its parent 
corporation;
    (g) The term ``competent authorities'' means, in the case of the 
United States, the Commissioner of Internal Revenue as authorized by the 
Secretary of the Treasury; and in the case of Austria, the Federal 
Ministry of Finance.
    (2) For the purpose of the present Convention:
    (a) Dividends paid by a corporation of one of the contracting States 
shall be treated as income from sources within such State.
    (b) Interest paid by one of the contracting States, including any 
local government

[[Page 101]]

thereof, or by an enterprise of one of the contracting States not having 
a permanent establishment in the other contracting State shall be 
treated as income from sources within the former State.
    (c) Income from real property (including gains derived from the sale 
or exchange of such property, but not including interest from mortgages 
or bonds secured by real property) and royalties in respect of the 
operation of mines, oil wells, or other natural resources shall be 
treated as income derived from the contracting State in which such real 
property, mines, oil wells or other natural resources are situated.
    (d) Compensation for labor or personal services (including the 
practice of liberal professions) shall be treated as income from sources 
within the contracting State where are rendered the services for which 
such compensation is paid.
    (e) Royalties for using, or for the right to use, in one of the 
contracting States, patents, copyrights, designs, trademarks and like 
property shall be treated as income from sources within such State.
    (3) In the application of the provisions of this Convention by one 
of the contracting States any term not otherwise defined shall, unless 
the context otherwise requires, have the meaning which the term has 
under its own tax laws. For the purposes of this Convention the term 
``residence'' in Austria shall include the customary place of abode 
therein.

                                * * * * *

                               Article VI

    The rate of tax imposed by one of the contracting States upon 
dividends received from sources within such State by a resident or 
corporation or other entity of the other contracting State not having a 
permanent establishment in the former State shall not exceed 50 percent 
of the statutory rate of tax imposed on such dividends by such former 
State but such rate of tax shall not exceed 5 percent if the shareholder 
is a corporation controlling, directly or indirectly, at least 95 
percent of the entire voting power in the corporation paying the 
dividend, and if not more than 25 percent of the gross income of such 
paying corporation is derived from interest and dividends, other than 
interest and dividends received from its own subsidiary corporations. 
Such reduction of the rate to five percent shall not apply if the 
relationship of the two corporations has been arranged or is maintained 
primarily with the intention of securing such reduced rate.

                               Article VII

    Interest received from sources within one of the contracting States, 
on bonds, notes, debentures, securities or on any other form of 
indebtedness (exclusive of interest on debts secured by mortgages) by a 
resident or corporation or other entity of the other contracting State 
shall, in an amount not exceeding fair and reasonable consideration on 
indebtedness, be exempt from tax by the former State if such resident, 
corporation or other entity has no permanent establishment in such 
former State.

                              Article VIII

    (1) Royalties and other amounts received as consideration for the 
right to use literary, musical or other copyrights, artistic and 
scientific works, patents, designs, plans, secret processes and 
formulae, trademarks, and other like property and rights (including 
rentals and like payments for the use of industrial, commercial or 
scientific equipment but not including motion picture film rentals) by a 
resident or a corporation or other entity of one of the contracting 
States from sources within the other contracting State shall, in an 
amount not exceeding fair and reasonable consideration for such right to 
use, be exempt from taxation by such other State if the recipient has no 
permanent establishment situated in such other State.
    (2) The rate of tax imposed by one of the contracting States upon 
motion picture film rentals received from sources within such 
contracting State by a resident or corporation or other entity of the 
other contracting State not having a permanent establishment in the 
former State shall not exceed 50 percent of the statutory rate of tax 
imposed on such rentals but in any case shall not exceed 10 percent of 
the amount of such rentals.

                               Article IX

    (1) Income from real property (including gains derived from the sale 
or exchange of such property and interest on mortgages secured by such 
property) and royalties in respect of the operation of mines, oil wells 
or other natural resources shall be taxable in the contracting State in 
which such property, mines, oil wells or other natural resources are 
situated.
    (2) Where a resident or corporation or other entity of one of the 
contracting States derives any income coming within the scope of 
paragraph (1) from property within the other contracting State, the 
recipient may, for any taxable year, elect to be subject to the tax of 
such other contracting State on a net basis as if such resident, 
corporation or other entity were engaged in trade or business within 
such other State through a permanent establishment therein.

                                * * * * *

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                               Article XI

                                * * * * *

    (2) Private pensions and private life annuities which are from 
sources within one of the contracting States and are paid to individuals 
residing in the other contracting State shall be exempt from taxation by 
the former 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 a 
specified number of years, under an obligation to make the payments in 
return for adequate and full consideration in money or money's worth.

                                * * * * *

                               Article XIV

    (1) Dividends and interest paid by an Austrian corporation (other 
than a United States corporation) shall be exempt from United States tax 
where the recipient is a nonresident alien or a foreign corporation.

                                * * * * *

                               Article XVI

    (1) The competent authorities of the contracting States shall 
exchange such information (being information available under the 
respective taxation laws of the contracting States) as is necessary for 
carrying out the provisions of the present Convention or for the 
prevention of fraud or the like 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 persons 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 any trade, business, industrial or 
professional secret or any trade process.
    (2) In no case shall the provisions of this Article be construed so 
as to impose upon either of the contracting States the obligation to 
carry out administrative measures at variance with the regulations and 
practice of either contracting State or which would be contrary to its 
sovereignty, security or public policy or to supply particulars which 
are not procurable under its own legislation or that of the State making 
application.

                              Article XVII

                                * * * * *

    (2) Should any difficulty or doubt arise as to the interpretation or 
application of the present Convention or its relationship to Conventions 
of the contracting States with third States the competent authorities of 
the contracting States may settle the question by mutual agreement.

                              Article XVIII

    (1) The provisions of this Convention shall not be construed to deny 
or affect in any manner the right of diplomatic and consular officers to 
other or additional exemptions now enjoyed or which may hereafter be 
granted to such officers.
    (2) The provisions of the present Convention shall not be construed 
to restrict in any manner any exemption, deduction, credit or other 
allowance now or hereafter granted by the laws of one of the contracting 
States in the determination of the tax imposed by such State.

                                * * * * *

                               Article XIX

    (1) The competent authorities of the two contracting States may 
prescribe regulations necessary to carry into effect the present 
Convention within the respective States.
    (2) The competent authorities of the two contracting States may 
communicate with each other directly for the purpose of giving effect to 
the provisions of this Convention.

                               Article XX

    (1) The present Convention shall be ratified and the instruments of 
ratification shall be exchanged at Vienna as soon as possible. The 
Convention shall have effect on and after the first day of January of 
the calendar year in which such exchange takes place.
    (2) The present Convention shall remain in force indefinitely, but 
may be terminated by either of the contracting States, provided that at 
least six months' prior notice of termination has been given through 
diplomatic channels. In such event, the present Convention shall cease 
to be effective for the taxable years beginning on or after the first 
day of January next following the expiration of the six-month period.

    (b) Meaning of terms. As used in Secs. 516.1 to 516.12, any term 
defined in the convention shall have the meaning so asigned 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 of the 
United States.

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