[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: 26CFR521.103]
[Page 146-147]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 521--DENMARK--Table of Contents
Subpart--General Income Tax
Sec. 521.103 Scope of the convention.
(a) The primary purposes of the convention, to be accomplished on a
reciprocal basis, are to avoid double taxation upon major items of
income derived from sources in one country by persons resident in, or by
corporations of, the other country, and to provide for administrative
cooperation between the competent tax authorities of the two countries
looking to the avoidance of double taxation and fiscal evasion.
(b) The specific classes of income from sources within the United
States exempt under the convention from United States tax for taxable
years beginning on and after January 1, 1948, are:
(1) Industrial and commercial profits of a Danish enterprise having
no permanent establishment in the United States (Article III);
(2) Income derived by a nonresident alien who is a resident of
Denmark, or by a Danish corporation, from the operation of ships or
aircraft registered in Denmark (Article V);
(3) Interest and royalties (including motion picture film rentals)
derived by a nonresident alien who is a resident of Denmark or by a
Danish corporation if such alien or corporation has no permanent
establishment in the United States (Articles VII and VIII);
(4) Compensation and pensions paid by Denmark to aliens for services
rendered to Denmark (Article X(1));
(5) Private pensions and life annuities derived by nonresident alien
individuals residing in Denmark (Article X(2));
(6) Compensation, subject to certain limitations, for personal
services derived by a nonresident alien who is a resident of Denmark
(Article XI);
(7) Remittances from sources outside the United States received in
the United States by a Danish citizen who is temporarily present in the
United States for the purposes of study or for acquiring business
experience, such remittances being for the purpose of his maintenance or
studies (Article XIII);
(8) Remuneration derived from teaching in the United States for a
period of not more than two years by a professor or teacher who is a
resident of Denmark but who is temporarily present in the United States
(Article XIV).
(c) The convention also reduces to 15 percent the rate of tax
otherwise imposed upon dividends derived by a nonresident alien who is a
resident of Denmark, or by a Danish corporation, if such alien or
corporation has no permanent establishment in the United States (Article
VI).
[[Page 147]]
(d) As to exemption from withholding of the tax at the source in the
case of interest, royalties, pensions and life annuities, and reduction
in the rate of tax from 30 percent to 15 percent in the case of
dividends, see Treasury Decision 5692, approved March 8, 1949
(Secs. 521.1 to 521.8).
(e) The convention does not affect the liability to United States
income taxation of citizens of Denmark who are residents of the United
States except that such individuals are entitled to the benefits of
Article XV (relating to credit for Danish income tax), and of Article
XVI (relating to equality of taxation). Except as provided in Article
XV, relating to the credit for income tax, the convention does not
affect taxation by the United States of a citizen of the United States
or of a domestic corporation, even though such citizen is resident in
Denmark and such corporation is engaged in trade or business in Denmark.
Effective Date Note: By T.D. 8732, 62 FR 53498, Oct. 14, 1997,
Sec. 521.103 was amended by removing and reserving paragraph (d),
effective Jan. 1, 1999. By T.D. 8804, 63 FR 72183, Dec. 31, 1998, the
effective date was delayed until Jan. 1, 2000. By T.D. 8856, 64 FR
73408, Dec. 30, 1999, the effective date was delayed until Jan. 1, 2001.