The convention between the Republic of Kazakhstan and the Republic of Latvia on avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital

The Republic of Kazakhstan and the Republic of Latvia, wishing to sign the Convention on avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital,

agreed as follows:

Article 1 of Person to which the Convention is applied

This Convention is applied to persons who are residents of one or both Contracting States.

Article 2 Taxes to which the Convention extends

1. This Convention is applied to the taxes on the income and on the capital levied on behalf of the Contracting State or its regional authorities irrespective of method of their collection.

2. All types of tax levied from total of income or the capital or from separate elements of the income or the capital including taxes on the income from alienation of personal or real estate, and also capital gain taxes are considered as taxes on the income and the capital.

3. The existing taxes to which the Convention extends are in particular:

a) in Kazakhstan:

(I) tax on the income of legal entities and physical persons;

(II) property tax of legal entities and physical persons; (further referred to as as "The Kazakhstan tax")

b) in Latvia:

(I) tax on the income of the company (uznemumu ienakuma nodoklis);

(II) personal income tax (iedzivotaju ienakuma nodoklis);

(III) property tax (ipasuma nodoklis); (further referred to as as "The Latvian tax").

4. The convention is also applied to any identical or in essence to similar taxes which will be levied after signature date of the Convention in addition to the existing taxes or instead of them. Competent authorities of Contracting States will notify each other on any essential changes which will be made to their corresponding tax legislations.

Article 3 General determinations

1. For the purposes of this Convention if other does not follow from context:

a) the terms "Contracting State" and "other Contracting State" mean Kazakhstan or Latvia, depending on context;

b) term:

(I) Kazakhstan means the Republic of Kazakhstan. When using in geographical sense the term "Kazakhstan" includes territorial waters, and also exclusive economic zone and the continental shelf in which Kazakhstan can perform for particular purposes the sovereign rights and jurisdiction according to international law and in which the laws regulating taxes of Kazakhstan are applied;

(II) Latvia means the Republic of Latvia and when using in geographical sense means the territory of the Republic of Latvia and any other zone adjoining territorial waters of the Republic of Latvia within which by the legislation of Latvia and according to international law the rights of Latvia concerning seabed and its subsoil and their mineral resources can be performed;

c) the term "person" includes physical person, the company and any other consolidation of persons;

d) the term "company" means any corporate consolidation or any economic unit which are considered as corporate consolidation for the tax purposes;

e) the terms "company of one Contracting State" and "company of other Contracting State" mean respectively the company managed by resident of one Contracting State and the company managed by resident of other Contracting State;

f) the term "international delivery" means any transportation sea or the aircraft operated by the company of the Contracting State except cases when sea or the aircraft is operated only between Items in other Contracting State;

g) the term means "competent authority":

(I) in Kazakhstan: Ministry of Finance or its authorized representative;

(II) in Latvia: Minister of Finance or his authorized representative;

h) the term "national person" means:

(I) any physical person having nationality of the Contracting State;

(II) any legal entity, partnership or any association which received such status on the basis of current laws of the Contracting State;

2. In case of application of this Convention at any time by the Contracting State any term which is not determined in it has that value which it has by the legislation of this State at this time concerning taxes to which the Convention extends if other does not follow from context.

Article 4 Resident

1. For the purposes of this Convention the term "resident of the Contracting State" means any person who by the legislation of this State is subject in it to the taxation based on its residence, residence, the place of management, the place of creation or any other criterion of similar nature. The term also includes the Government of the Contracting State or its regional authority. This term, however, does not include any person who is subject to the taxation in this State only concerning the income from sources in this State or concerning the capital which is in it.

2. If according to Item 1 provisions the physical person is resident of both Contracting States, then its status is determined as follows:

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