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of October 29, 2002

About avoidance of double taxation and prevention of tax avoidance on the income and property

The Azerbaijan Republic and Romania for the purpose of the conclusion of the Convention on avoidance of double taxation and prevention of tax avoidance on the income and property, agreed as follows:

Article 1. Persons to whom the Convention is applied

1. 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, irrespective of taxation method, is applied to taxes on the income and on property, the collectable Contracting State or its administrative-territorial units / divisions or regional authorities,

2. All taxes levied from the total amount of the income, total cost of property or from separate elements of the income or property including taxes on the income from alienation of personal or real estate, taxes levied from the total amount of the salary or salary paid by the companies and also the taxes levied from the income from property increase in value belong to taxes on the income and on property.

3. The convention, in particular, extends to the following existing taxes:

a) in the Azerbaijan Republic:

(i) income tax of legal entities;

(ii) income tax;

(iii) property tax;

(iv) land tax

(further the referred to as "Azerbaijani taxes")

a) in Romania:

(i) income tax;

(ii) tax on the income;

(iii) land tax;

(iv) tax on structures

(further the referred to as "Romanian taxes");

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

Article 3. General concepts

1. For the purposes of this Convention the following terms are applied if other sense is not provided in context:

a) the terms "Contracting State" and "other Contracting State" - mean Azerbaijan or Romania depending on context;

b) the term "Azerbaijan" - means the territory of the Azerbaijan Republic (including the sector of the Caspian Sea, according to rules of international law and the legislation of the Azerbaijan Republic to which the sovereign rights or jurisdiction of the Azerbaijan Republic are applied;

c) the term "Romania" - means the state territory of the Romanian Republic according to the domestic legislation and rules, and the principles of international law to which the sovereign rights or jurisdiction of Romania, including territorial waters and airspace over territorial waters, and also coastal zone, the continental shelf, the special economic zone are applied;

d) the term "person" - means physical person, the company, partnership, joint business and any other consolidation of persons;

e) the term "company" - means any corporate consolidation or the organization which are considered as corporate consolidation for the purposes of the taxation;

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

g) the term "national person" means:

(i) any physical person who is the citizen of the Contracting State;

(ii) any company, partnership or association which received the corresponding status under the existing legislation of the Contracting State.

h) the term "international carriages" - means all transportations sea or the aircraft, performed by the company which is resident of the Contracting State except cases when sea or the aircraft is operated between Items of other Contracting State;

i) the term means "competent authority":

(i) in the Azerbaijan Republic - the Ministry of Finance and the Ministry of Taxes;

(ii) in Romania - the Ministry of Public Finances.

2. At any time in case of application of this Convention by the Contracting State if other sense any term which is not determined in it is not provided in context will have that value which is provided specified in the legislation of this State concerning taxes to which the Convention is applied, and any sense corresponding to the tax legislation of this State will have advantage over the sense provided in other laws of this State.


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