DTC agreement between Panama and Singapore

8/7/2019 DTC agreement between Panama and Singapore

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AGREEMENT BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF PANAMA

AND

THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE

FOR THE AVOIDANCE OF DOUBLE TAXATIONAND THE PREVENTION OF FISCAL EVASION

WITH RESPECT TO TAXES ON INCOME

The Government of the Republic of Panama and theGovernment of the Republic of Singapore,

Desiring to conclude an Agreement for the Avoidance of DoubleTaxation and the Prevention of Fiscal Evasion with Respect to Taxeson Income,

Have agreed as follows:

CHAPTER ISCOPE OF THE AGREEMENT

ARTICLE 1PERSONS COVERED

This Agreement shall apply to persons who are residents of oneor both of the Contracting States.

ARTICLE 2TAXES COVERED

1. This Agreement shall apply to taxes on income imposedon behalf of a Contracting State or of its political subdivisions or localauthorities, irrespective of the manner in which they are levied.

2. There shall be regarded as taxes on income all taxesimposed on total incomeor on elements of income, including taxes ongains from the alienation of movable or immovable property.

3. The existing taxes to which the Agreement shall apply are

in particular:

(a) in the case of Singapore:

- the income tax

(hereinafter referred to as "Singapore tax");


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(b) in the case of Panama:

- the income tax provided in the Fiscal Code, BookIV, Title I, and its related decrees and regulations

(hereinafter referred to as "Panama tax").

4. The Agreement shall apply also to any identical orsubstantially similar taxes that are imposedafter the date of signatureof the Agreement in addition to, or in place of, the existing taxes. Thecompetent authorities of the Contracting States shall notify each otherof any significant changes that have been made in their taxation laws.

CHAPTER II

DEFINITIONS

ARTICLE 3GENERAL DEFINITIONS

1. For the purposes of this Agreement, unless the contextotherwise requires:

(a) the term "Singapore" means the Republic of

Singapore and when used in a geographical sense, includes its landterritory, internal waters and territorial sea, as well as any maritimearea situated beyond the territorial sea which has been or might inthe future be designated under its national law, in accordance withinternational law, as an area within which Singapore may exercisesovereign rights or jurisdiction with regards to the sea, the sea-bed,the subsoil and the natural resources;

(b) the term "Panama" means the Republic of Panamaand, when used in a geographical sense, means the territory of theRepublic of Panama, including inland waters, its airspace and theterritorial sea, and any area outside the territorial sea within which, inaccordance with International Law and on application of its domesticlegislation, the Republic of Panama exercises, or may exercise in thefuture, sovereign rights or jurisdiction with respect to the seabed, itssubsoil and superjacent waters, and the natural resources;

(c) the terms "a Contracting State" and "the otherContracting State" mean Singapore or Panama as the context

requires;

(d) the term "person" includes an individual, a companyand any other body of persons;


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(e) the term "company" means any body corporate orany entity that is treated as a body corporate for tax purposes;

(f) the terms "enterprise of a Contracting State" and

"enterprise of the other Contracting State" mean respectively anenterprise carried on by a resident of a Contracting State and anenterprise carried on by a resident of the other Contracting State;

(g) the term "international traffic" means any transportby a ship or aircraft operated by an enterprise of a Contracting State,except when the ship or aircraft is operated solely between places inthe other Contracting State;

(h) the term "competent authority" means:

(i) in Singapore, the Minister for Finance or hisauthorised representative;

(ii) in Panama, the Ministry of Economy andFinanceor its authorised representative;

(i) the term "national" in relation to a Contracting Statemeans:

(i) any individual possessing the nationality orcitizenship of that Contracting State; and

(ii) any legal person, partnership or associationderiving its status as such from the laws in force in that ContractingState.

2. For the purposes of Articles 10, 11 and 12, a trusteesubject to tax in a Contracting State in respect of dividends, interest or

royalties shall be deemed to be the beneficial owner of that interest orthose dividends or royalties.

3. As regards the application of the Agreement at any time bya Contracting State, any term not defined therein shall, unless thecontext otherwise requires, have the meaning that it has at that timeunder the law of that State for the purposes of the taxes to which theAgreement applies, any meaning under the applicable tax laws of thatState prevailing over a meaning given to the term under other laws of

thatState.

ARTICLE 4RESIDENT

1. For the purposes of this Agreement, the term "resident of aContracting State" means any person who, under the laws of thatState, is liable to tax therein by reason of his domicile, residence,


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place of incorporation, place of management or any other criterion ofa similar nature, and also includes that State and any politicalsubdivision, local authority or statutory body thereof.

2. Where by reason of the provisions of paragraph 1 anindividual is a resident of both Contracting States, then his status shallbe determined as follows:

(a) he shall be deemed to be a resident only of the Statein which he has a permanent home available to him; if he has apermanent home available to him in both States, he shall be deemedto be a resident only of the State with which his personal andeconomic relations are closer (centre of vital interests);

(b) if the State in which he has his centre of vitalinterests cannot be determined, or if he has not a permanent homeavailable to him in either State, he shall be deemed to be a residentonly of the State in which he has an habitual abode;

(c) if he has an habitual abode in both States or inneither of them, he shall be deemed to be a resident only of the Stateof which he is a national;

(d) in any other case, the competent authorities of theContracting States shall settle the question by mutual agreement.

3. Where by reason of the provisions of paragraph 1 aperson other than an individual is a resident of both ContractingStates, then it shall be deemed to be a resident only of the State inwhich its place of effective management is situated. If its place ofeffective management cannot be determined, the competentauthorities of the Contracting States shall settle the question by mutualagreement.

ARTICLE 5PERMANENT ESTABLISHMENT

1. For the purposes of this Agreement, the term "permanentestablishment" means a fixed place of business through which thebusiness of an enterprise is wholly or partly carried on.

2. The term "permanent establishment" includes especially:

(a) a place of management;

(b) a branch;

(c) an office;

(d) a factory;


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(e) a workshop; and

(f) a mine, an oil or gas well, a quarry or any other placeof extraction of natural resources.

3. The term "permanent establishment" also encompasses:

(a) a building site, a construction, assembly orinstallation project, or supervisory activities in connection therewith,but only if such site, project or activities lasts for more than 9months;

(b) the furnishing of services, including consultancyservices, by an enterprise of a Contracting State through employees orother personnel engaged by the enterprise for such purpose, but only

if activities of that nature continue (for the same or a connectedproject) within the other Contracting State for a period or periodsaggregating more than 270 days in any 12-month period.

4. Notwithstanding the preceding provisions of this Article,the term "permanent establishment" shall be deemed not to include:

(a) the use of facilities solely for the purpose of storage,display or delivery of goods or merchandise belonging to the

enterprise;

(b) the maintenance of a stock of goods or merchandisebelonging to the enterprise solely for the purpose of storage, display ordelivery;

(c) the maintenance of a stock of goods or merchandisebelonging to the enterprise solely for the purpose of processing byanother enterprise;

(d) the maintenance of a fixed place of business solelyfor the purpose of purchasing goods or merchandise or of collectinginformation, for the enterprise;

(e) the maintenance of a fixed place of business solelyfor the purpose of carrying on, for the enterprise, any other activity of apreparatory or auxiliary character;

(f) the maintenance of a fixed place of business solely

for any combination of activities mentioned in sub-paragraphs (a) to(e), provided that the overall activity of the fixed place of businessresulting from this combination is of a preparatory or auxiliarycharacter.

5. Notwithstanding the provisions of paragraphs 1 and 2,where a person - other than an agent of an independent status towhom paragraph 6 applies - is acting on behalf of an enterprise and


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has, and habitually exercises, in a Contracting State an authority toconclude contracts in the name of the enterprise, that enterprise shallbe deemed to have a permanent establishment in that State in respectof any activities which that person undertakes for the enterprise,

unless the activities of such person are limited to those mentioned inparagraph 4 which, if exercised through a fixed place of business,would not make this fixed place of business a permanentestablishment under the provisions of that paragraph.

6. An enterprise shall not be deemed to have a permanentestablishment in a Contracting State merely because it carries onbusiness in thatState through a broker, general commission agent orany other agent of an independent status, provided that such personsare acting in the ordinary course of their business.

7. The fact that a company which is a resident of aContracting State controls or is controlled by a company which is aresident of the other Contracting State, or which carries on business inthat other State (whether through a permanent establishment orotherwise), shall not of itself constitute either company a permanentestablishment of the other.

CHAPTER III

TAXATION OF INCOME

ARTICLE 6INCOME FROM IMMOVABLE PROPERTY

1. Income derived by a resident of a Contracting State fromimmovable property (including income from agriculture or forestry)situated in the other Contracting State may be taxed in that otherState.

2. The term "immovable property" shall have the meaningwhich it has under the law of the Contracting State in which theproperty in question is situated. The term shall in any case includeproperty accessory to immovable property, livestock and equipmentused in agriculture and forestry, rights to which the provisions ofgeneral law respecting landed property apply, usufruct of immovableproperty and rights to variable or fixed payments as consideration forthe working of, or the right to work, mineral deposits, sources andother natural resources; ships and aircraft shall not be regarded as

immovable property.

3. The provisions of paragraph 1 shall apply to incomederived from the direct use, letting, or use in any other form ofimmovable property.

4. The provisions of paragraphs 1 and 3 shall also apply tothe income from immovable property of an enterprise and to income


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from immovable property used for the performance of independentpersonal services.

ARTICLE 7

BUSINESS PROFITS

1. The profits of an enterprise of a Contracting State shall betaxable only in thatState unless the enterprise carries on business inthe other Contracting State through a permanent establishmentsituated therein. If the enterprise carries on business as aforesaid, theprofits of the enterprise may be taxed in the otherState but only somuch of them as is attributable to that permanent establishment.

2. Subject to the provisions of paragraph 3, where an

enterprise of a Contracting State carries on business in the otherContracting State through a permanent establishment situated therein,there shall in each Contracting State be attributed to that permanentestablishment the profits which it might be expected to make if it werea distinct and separate enterprise engaged in the same or similaractivities under the same or similar conditions and dealing whollyindependently with the enterprise of which it is a permanentestablishment.

3. In determining the profits of a permanent establishment,there shall be allowed as deductions all expenses, including executiveand general administrative expenses, which would be deductible if thepermanent establishment were an independent enterprise, insofar asthey are reasonably allocable to the permanent establishment,whether incurred in the Contracting State in which the permanentestablishment is situated or elsewhere.

4. Insofar as it has been customary in a Contracting State todetermine the profits to be attributed to a permanent establishment on

the basis of an apportionment of the total profits of the enterprise to itsvarious parts, nothing in paragraph 2 shall preclude that ContractingState from determining the profits to be taxed by such anapportionment as may be customary; the method of apportionmentadopted shall, however, be such that the result shall be in accordancewith the principles contained in this Article.

5. No profits shall be attributed to a permanent establishmentby reason of the mere purchase by that permanent establishment of

goods or merchandise for the enterprise.

6. For the purposes of the preceding paragraphs, the profitsto be attributed to the permanent establishment shall be determined bythe same method year by year unless there is good and sufficientreason to the contrary.


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7. Where profits include items of income which are dealt withseparately in other Articles of this Agreement, then the provisions ofthose Articles shall not be affected by the provisions of this Article.

ARTICLE 8SHIPPING AND AIR TRANSPORT

1. Profits derived by an enterprise of a Contracting State fromthe operation of ships or aircraft in international traffic shall be taxableonly in that State.

2. The provisions of paragraph 1 shall also apply to profitsfrom the participation in a pool, a joint business or an internationaloperating agency.

3. Interest on funds connected with the operations of ships oraircraft in international traffic shall be regarded as profits derived fromthe operation of such ships or aircraft, and the provisions of Article 11shall not apply in relation to such interest.

4. For the purposes of this Article, profits from the operationof ships or aircraft in international traffic shall include:

(a) profits from the rental on a bareboat basis of ships oraircraft;

(b) profits from the use, maintenance or rental ofcontainers (including trailers and related equipment for the transport ofcontainers), used for the transport of goods or merchandise;

where such rental or such use, maintenance or rental, as the casemay be, is incidental to the operation of ships or aircraft in internationaltraffic.

ARTICLE 9ASSOCIATED ENTERPRISES

1. Where

(a) an enterprise of a Contracting State participatesdirectly or indirectly in the management, control or capital of anenterprise of the other Contracting State, or

(b) the same persons participate directly or indirectly inthe management, control or capital of an enterprise of a ContractingState and an enterprise of the other Contracting State,

and in either case conditions are made or imposed between the twoenterprises in their commercial or financial relations which differ fromthose which would be made between independent enterprises, then


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any profits which would, but for those conditions, have accrued to oneof the enterprises, but, by reason of those conditions, have not soaccrued, may be included in the profits of that enterprise and taxedaccordingly.

2. Where a Contracting State includes, in accordance withthe provisions of paragraph 1, in the profits of an enterprise of thatState - and taxes accordingly - profits on which an enterprise of theother Contracting State has been charged to tax in that other Stateand where the competent authorities of the Contracting States agree,upon consultation, that all or part of the profits so included are profitswhich would have accrued to the enterprise of the first-mentionedState if the conditions made between the two enterprises had beenthose which would have been made between independent enterprises,

then that other State shall make an appropriate adjustment to theamount of the tax charged therein on those agreed profits. Indetermining such adjustment, due regard shall be had to the otherprovisions of this Agreement.

ARTICLE 10DIVIDENDS

1. Dividends paid by a company which is a resident of a

Contracting State to a resident of the other Contracting State may betaxed in that other State.

2. However, such dividends may also be taxed in theContracting State of which the company paying the dividends is aresident and according to the laws of that State, but if the beneficialowner of the dividend is a resident of the other Contracting State, thetax so charged shall not exceed:

(a) 4per cent of the gross amount of the dividends if the

beneficial owner is a company (other than a partnership) which holdsdirectly at least10per cent of the capital of the company paying thedividends;

(b) 5 per cent of the gross amount of the dividends in allother cases.

This paragraph shall not affect the taxation of the company in respectof the profits out of which the dividends are paid.

3. The term "dividends" as used in this Article means incomefrom shares, mining shares, founders shares or other rights, not beingdebt-claims, participating in profits, as well as income from othercorporate rights which is subjected to the same taxation treatment asincome from shares by the laws of the State of which the companymaking the distribution is a resident.


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4. The provisions of paragraphs 1 and 2 shall not apply if thebeneficial owner of the dividends, being a resident of a ContractingState, carries on business in the other Contracting State of which thecompany paying the dividends is a resident, through a permanent

establishment situated therein, or performs in that other Stateindependent personal services from a fixed base situated therein, andthe holding in respect of which the dividends are paid is effectivelyconnected with such permanent establishment or fixed base. In suchcase the provisions of Article 7 or Article 14, as the case may be, shallapply.

5. Where a company which is a resident of a ContractingState derives profits or income from the other Contracting State, thatother State may not impose any tax on the dividends paid by the

company, except insofar as such dividends are paid to a resident ofthat other State or insofar as the holding in respect of which thedividends are paid is effectively connected with a permanentestablishment or a fixed base situated in that other State, nor subjectthe company's undistributed profits to a tax on the companysundistributed profits, even if the dividends paid or the undistributedprofits consist wholly or partly of profits or income arising in such otherState.

6. Notwithstanding any other provision of this Agreement,where a company which is a resident of a Contracting State has apermanent establishment in the other Contracting State, the profitstaxable under article 7, paragraph 1, may be subject to an additionaltax in that other State, in accordance with its laws, but the additionalcharge shall not exceed4per cent of the amount of those profits.

ARTICLE 11INTEREST

1. Interest arising in a Contracting State and paid to aresident of the other Contracting State may be taxed in that otherState.

2. However, such interest may also be taxed in theContracting State in which it arises and according to the laws of thatState, but if the beneficial owner of the interest is a resident of theother Contracting State, the tax so charged shall not exceed 5 per centof the gross amount of the interest.

3. Notwithstanding the provisions of paragraph 2,

(a) interest arising in a Contracting State and paid to theGovernment of the other Contracting State shall be exempt from tax inthe first-mentioned State;


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(b) interest derived and beneficially owned by a bank ofa Contracting State shall be exempt from tax in the other ContractingState if the payer is a bank of the other State.

4. For the purpose of paragraph 3(a), the term "Government":

(a) in the case of Singapore, means the Government ofSingapore and shall include:

(i) the Monetary Authority of Singapore;

(ii) the Government of Singapore InvestmentCorporation Pte Ltd;

(iii) a statutory body; and

(iv) any institution wholly or mainly owned by theGovernment of Singapore as may be agreed from time to timebetween the competent authorities of the Contracting States.

(b) in the case of Panama means the Government ofPanama and shall include:

(i) National Bank of Panama (Banco Nacional dePanam);

(ii) Savings Bank (Caja de Ahorros);

(iii) Agricultural Development Bank (Banco deDesarrollo Agropecuario);

(iv) the National Mortgage Bank (BancoHipotecario Nacional);

(v) a statutory body; and

(vi) any institution wholly or mainly owned by theGovernment of Panama as may be agreed from time to time betweenthe competent authorities of the Contracting States.

5. The term "interest" as used in this Article means incomefrom debt-claims of every kind, whether or not secured by mortgage

and whether or not carrying a right to participate in the debtor's profits,and in particular, income from government securities and income frombonds or debentures, including premiums and prizes attaching to suchsecurities, bonds or debentures. Penalty charges for late paymentshall not be regarded as interest for the purpose of this Article.


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6. The provisions of paragraphs 1 and 2 shall not apply if thebeneficial owner of the interest, being a resident of a ContractingState, carries on business in the other Contracting State in which theinterest arises, through a permanent establishment situated therein, or

performs in that other State independent personal services from afixed base situated therein, and the debt-claim in respect of which theinterest is paid is effectively connected with such permanentestablishment or fixed base. In such case the provisions of Article 7 orArticle 14, as the case may be, shall apply.

7. Interest shall be deemed to arise in a Contracting Statewhen the payer is a resident of that State. Where, however, theperson paying the interest, whether he is a resident of a ContractingState or not, has in a Contracting State a permanent establishment or

a fixed base in connection with which the indebtedness on which theinterest is paid was incurred, and such interest is borne by suchpermanent establishment or fixed base, then such interest shall bedeemed to arise in the State in which the permanent establishment orfixed base is situated.

8. Where, by reason of a special relationship between thepayer and the beneficial owner or between both of them and someother person, the amount of the interest, having regard to the debt-

claim for which it is paid, exceeds the amount which would have beenagreed upon by the payer and the beneficial owner in the absence ofsuch relationship, the provisions of this Article shall apply only to thelast-mentioned amount. In such case, the excess part of the paymentsshall remain taxable according to the laws of each Contracting State,due regard being had to the other provisions of this Agreement.

ARTICLE 12ROYALTIES

1. Royalties arising in a Contracting State and paid to aresident of the other Contracting State may be taxed in that otherState.

2. However, such royalties may also be taxed in theContracting State in which they arise and according to the laws of thatState, but if the beneficial owner of the royalties is a resident of theother Contracting State, the tax so charged shall not exceed 5 per centof the gross amount of the royalties.

3. The term "royalties" as used in this Article meanspayments of any kind received as a consideration for the use of, or theright to use, any copyright of literary, artistic or scientific work includingcinematograph films, and films or tapes for radio or televisionbroadcasting, any computer software, patent, trade mark, design ormodel, plan, secret formula or process, or for the use of, or the right to


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use, industrial, commercial, or scientific equipment or for informationconcerning industrial, commercial or scientific experience.

4. The provisions of paragraphs 1 and 2 shall not apply if the

beneficial owner of the royalties, being a resident of a ContractingState, carries on business in the other Contracting State in which theroyalties arise, through a permanent establishment situated therein, orperforms in that other State independent personal services from afixed base situated therein, and the right or property in respect ofwhich the royalties are paid is effectively connected with suchpermanent establishment or fixed base. In such case the provisions ofArticle 7 or Article 14, as the case may be, shall apply.

5. Royalties shall be deemed to arise in a Contracting State

when the payer is a resident of that State. Where, however, the personpaying the royalties, whether he is a resident of a Contracting State ornot, has in a Contracting State a permanent establishment or a fixedbase in connection with which the liability to pay the royalties wasincurred, and such royalties are borne by such permanentestablishment or fixed base, then such royalties shall be deemed toarise in the State in which the permanent establishment or fixed baseis situated.

6. Where, by reason of a special relationship between thepayer and the beneficial owner or between both of them and someother person, the amount of the royalties, having regard to the use,right or information for which they are paid, exceeds the amount whichwould have been agreed upon by the payer and the beneficial ownerin the absence of such relationship, the provisions of this Article shallapply only to the last-mentioned amount. In such case, the excess partof the payments shall remain taxable according to the laws of eachContracting State, due regard being had to the other provisions of thisAgreement.

ARTICLE 13CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from thealienation of immovable property referred to in Article 6 and situated inthe other Contracting State may be taxed in that other State.

2. Gains from the alienation of movable property forming part

of the business property of a permanent establishment which anenterprise of a Contracting State has in the other Contracting State orof movable property pertaining to a fixed base available to a residentof a Contracting State in the other Contracting State for the purpose ofperforming independent personal services, including such gains fromthe alienation of such a permanent establishment (alone or with thewhole enterprise) or of such fixed base, may be taxed in that otherState.


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3. Gains derived by a resident of a Contracting State from thealienation of ships or aircraft operated in international traffic, ormovable property pertaining to the operation of such ships or aircraft,shall be taxable only in that State.

4. Gains derived by a resident of a Contracting State from thealienation of shares or comparable interests, other than shares tradedon a recognized Stock Exchange, deriving more than 75 per cent oftheir value directly or indirectly from immovable property situated in theother Contracting State may be taxed in that other State.

5. Gains other than those referred to in paragraph 4 derivedby a resident of a Contracting State from the alienation of shares,participation, or other rights representing more than 50 percent of the

vote, value or capital stock in a company which is a resident of theother Contracting State may be taxed in that other Contracting State ifthe alienator had held directly or indirectly such shares for a period ofless than 12 months preceding such alienation.

6. Gains from the alienation of any property other than thatreferred to in the preceding paragraphs of this Article shall be taxableonly in the Contracting State of which the alienator is a resident.

ARTICLE 14INDEPENDENT PERSONAL SERVICES

1. Income derived by an individual who is a resident of aContracting State in respect of professional services or other activitiesof an independent character shall be taxable only in that State exceptin the following circumstances when such income may also be taxed inthe other Contracting State:

(a) if he has a fixed base regularly available to him in the

other State for the purpose of performing his activities; in that case,only so much of the income as is attributable to that fixed base may betaxed in that other State; or

(b) if his stay in the other State is for a period or periodsexceeding in the aggregate 270 days in any 12-month period; in thatcase, only so much of the income as is derived from his activitiesperformed in that other State may be taxed in that other State.

2. The term "professional services" includes especiallyindependent scientific, literary, artistic, educational or teachingactivities as well as the independent activities of physicians, lawyers,engineers, architects, dentists and accountants.


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ARTICLE 15DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of Articles 16, 18 and 19,

salaries, wages and other similar remuneration derived by a residentof a Contracting State in respect of an employment shall be taxableonly in that State unless the employment is exercised in the otherContracting State. If the employment is so exercised, suchremuneration as is derived therefrom may be taxed in that other State.

2. Notwithstanding the provisions of paragraph 1,remuneration derived by a resident of a Contracting State in respect ofan employment exercised in the other Contracting State shall betaxable only in the first-mentioned State if:

(a) the recipient is present in the otherState for a periodor periods not exceeding in the aggregate 183 days in any 12-monthperiod commencing or ending in the fiscal yearconcerned; and

(b) the remuneration is paid by, or on behalf of, anemployer who is not a resident of the other State; and

(c) the remuneration is not borne by a permanent

establishment or a fixed base which the employer has in the otherState.

3. Notwithstanding the preceding provisions of this Article,remuneration derived in respect of an employment exercised aboard aship or aircraft operated in international traffic by an enterprise of aContracting State shall be taxable only in that State. However, if theremuneration is derived by a resident of the other Contracting State, itmay also be taxed in that other State.

ARTICLE 16DIRECTORS' FEES

Directors' fees and other similar payments derived by a residentof a Contracting State in his capacity as a member of the board ofdirectors of a company which is a resident of the other ContractingState may be taxed in that other State.

ARTICLE 17

ARTISTES AND SPORTSPERSONS

1. Notwithstanding the provisions of Articles 14 and 15,income derived by a resident of a Contracting State as an entertainer,such as a theatre, motion picture, radio or television artiste, or amusician, or as a sportsperson, from his personal activities as suchexercised in the other Contracting State, may be taxed in that otherState.


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2. Where income in respect of or in connection with personalactivities exercised by an entertainer or a sportsperson accrues not tothe entertainer or sportsperson himself but to another person, thatincome may, notwithstanding the provisions of Articles 7, 14 and 15,

be taxed in the Contracting State in which the activities of theentertainer or sportsperson are exercised.

3. The provisions of paragraphs 1 and 2 shall not apply toincome derived from activities exercised in a Contracting State by anartiste or a sportsperson if the visit to that State is at least 50 per centsupported by public funds of one or both of the Contracting States orpolitical subdivisions or local authorities or statutory bodies thereof. Insuch case, the income shall be taxable only in the Contracting State inwhich the artiste or the sportsperson is a resident.

ARTICLE 18PENSIONS

Subject to the provisions of paragraph 2 of Article 19, pensionsand other similar remuneration paid to a resident of a ContractingState in consideration of past employment shall be taxable only in thatState.

ARTICLE 19GOVERNMENT SERVICE

1. (a) Salaries, wages and other similar remuneration,other than a pension, paid by a Contracting State or a politicalsubdivision, a local authority or a statutory body thereof to anindividual in respect of services rendered to that State or subdivision,authority or body shall be taxable only in that State.

(b) However, such salaries, wages and other similarremuneration shall be taxable only in the other Contracting State if theservices are rendered in thatState and the individual is a resident ofthat State who:

(i) is a national of that State; or

(ii) did not become a resident of thatState solelyfor the purpose of rendering the services.

2. (a) Any pension paid by, or out of funds created by, aContracting State or a political subdivision, a local authority or astatutory body thereof to an individual in respect of services renderedto that State or subdivision, authority or body shall be taxable only inthat State.


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(b) However, such pension shall be taxable only in theother Contracting State if the individual is a resident of, and a nationalof, that State.

3. The provisions of Articles 15, 16, 17 and 18 shall apply tosalaries, wages and other similar remuneration, and to pensions, inrespect of services rendered in connection with a business carried onby a Contracting State or a political subdivision, a local authority or astatutory body thereof.

ARTICLE 20STUDENTS

Payments which a student or business apprentice who is or was

immediately before visiting a Contracting State a resident of the otherContracting State and who is present in the first-mentioned Statesolely for the purpose of his education or training receives for thepurpose of his maintenance, education or training shall not be taxed inthat State, provided that such payments arise from sources outsidethat State.

ARTICLE 21OTHER INCOME

Items of income not dealt with in the foregoing Articles of thisAgreement and arising in a Contracting State may be taxed in thatState.

CHAPTER IVMETHODS FOR ELIMINATION OF DOUBLE TAXATION

ARTICLE 22ELIMINATION OF DOUBLE TAXATION

1. In Singapore, double taxation shall be avoided as follows:

Where a resident of Singapore derives income from Panamawhich, in accordance with the provisions of this Agreement, may betaxed in Panama, Singapore shall, subject to its laws regarding theallowance as a credit against Singapore tax of tax payable in anycountry other than Singapore, allow the Panama tax paid, whetherdirectly or by deduction, as a credit against the Singapore tax payable

on the income of that resident. Where such income is a dividend paidby a company which is a resident of Panama to a resident ofSingapore which is a company owning directly or indirectly not lessthan 10 per cent of the share capital of the first-mentioned company,the credit shall take into account the Panama tax paid by thatcompany on the portion of its profits out of which the dividend is paid.


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2. In Panama, double taxation shall be avoided as follows:

(a) Where a resident of Panama derives income which,in accordance with the provisions of this Agreement, may be taxed in

Singapore, Panama will exempt such income from taxes.

(b) Where in accordance with any provision of theAgreement income derived by a resident of Panama is exempt fromtax in Panama, Panama may nevertheless, in calculating the amountof tax on the remaining income or capital of such resident, take intoaccount the exempted income.

CHAPTER VSPECIAL PROVISIONS

ARTICLE 23NON-DISCRIMINATION

1. Nationals of a Contracting State shall not be subjected inthe other Contracting State to any taxation or any requirementconnected therewith, which is other or more burdensome than thetaxation and connected requirements to which nationals of that otherState in the same circumstances, in particular with respect to

residence, are or may be subjected.

2. The taxation on a permanent establishment which anenterprise of a Contracting State has in the other Contracting Stateshall not be less favourably levied in that other State than the taxationlevied on enterprises of that other State carrying on the sameactivities.

3. Nothing in this Article shall be construed as obliging aContracting State to grant to:

(a) residents of the other Contracting State any personalallowances, reliefs and reductions for tax purposes which it grants toits own residents; or

(b) nationals of the other Contracting State thosepersonal allowances, reliefs and reductions for tax purposes which itgrants to its own nationals who are not residents of that State or tosuch other persons as may be specified in the taxation laws of that

State.

4. Enterprises of a Contracting State, the capital of which iswholly or partly owned or controlled, directly or indirectly, by one ormore residents of the other Contracting State, shall not be subjected inthe first-mentioned State to any taxation or any requirement connectedtherewith which is other or more burdensome than the taxation and


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connected requirements to which other similar enterprises of the first-mentioned State are or may be subjected.

5. Where a Contracting State grants tax incentives to its

nationals designed to promote economic or social development inaccordance with its national policy and criteria, it shall not beconstrued as discrimination under this Article.

6. The provisions of this Article shall apply to the taxes whichare the subject of this Agreement.

ARTICLE 24MUTUAL AGREEMENT PROCEDURE

1. Where a person considers that the actions of one orboth of the Contracting States result or will result for him in taxationnot in accordance with the provisions of this Agreement, he may,irrespective of the remedies provided by the domestic law of thoseStates, present his case to the competent authority of the ContractingState of which he is a resident or, if his case comes under paragraph 1of Article 23, to that of the Contracting State of which he is a national.The case must be presented within 3 years from the first notification ofthe action resulting in taxation not in accordance with the provisions of

the Agreement.

2. The competent authority shall endeavour, if theobjection appears to it to be justified and if it is not itself able to arriveat a satisfactory solution, to resolve the case by mutual agreementwith the competent authority of the other Contracting State, with a viewto the avoidance of taxation which is not in accordance with theAgreement. Any agreement reached shall be implementednotwithstanding any time limits in the domestic law of the ContractingStates.

3. The competent authorities of the Contracting Statesshall endeavour to resolve by mutual agreement any difficulties ordoubts arising as to the interpretation or application of the Agreement.They may also consult together for the elimination of double taxation incases not provided for in the Agreement.

4. The competent authorities of the Contracting Statesmay communicate with each other directly for the purpose of reaching

an agreement in the sense of the preceding paragraphs.

ARTICLE 25EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shallexchange such information as is foreseeably relevant for carrying outthe provisions of this Agreement or to the administration or


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enforcement of the domestic laws concerning taxes of every kind anddescription imposed on behalf of the Contracting States, or of theirpolitical subdivisions or local authorities, insofar as the taxationthereunder is not contrary to the Agreement. The exchange of

information is not restricted by Articles 1 and 2.

2. Any information received under paragraph 1 by aContracting State shall be treated as secret in the same manner asinformation obtained under the domestic laws of that State and shallbe disclosed only to persons or authorities (including courts andadministrative bodies) concerned with the assessment or collection of,the enforcement or prosecution in respect of, the determination ofappeals in relation to the taxes referred to in paragraph 1, or theoversight of the above. Such persons or authorities shall use the

information only for such purposes. They may disclose the informationin public court proceedings or in judicial decisions.

3. In no case shall the provisions of paragraphs 1 and 2 beconstrued so as to impose on a Contracting State the obligation:

(a) to carry out administrative measures at variance withthe laws and administrative practice of that or of the other ContractingState;

(b) to supply information which is not obtainable underthe laws or in the normal course of the administration of that or of theother Contracting State;

(c) to supply information which would disclose anytrade, business, industrial, commercial or professional secret or tradeprocess, or information, the disclosure of which would be contrary topublic policy (ordre public).

4. If information is requested by a Contracting State inaccordance with this Article, the other Contracting State shall use itsinformation gathering measures to obtain the requested information,even though that other State may not need such information for itsown tax purposes. The obligation contained in the preceding sentenceis subject to the limitations of paragraph 3 but in no case shall suchlimitations be construed to permit a Contracting State to decline tosupply information solely because it has no domestic interest in suchinformation.

5. In no case shall the provisions of paragraph 3 beconstrued to permit a Contracting State to decline to supplyinformation solely because the information is held by a bank, otherfinancial institution, nominee or person acting in an agency or afiduciary capacity or because it relates to ownership interests in aperson.


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ARTICLE 26MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Agreement shall affect the fiscal privileges of

members of diplomatic missions or consular posts under the generalrules of international law or under the provisions of specialagreements.

CHAPTER VIFINAL PROVISIONS

ARTICLE 27ENTRY INTO FORCE

1. Each of the Contracting States shall notify to the other the

completion of the procedures required by its law for the bringing intoforce of this Agreement.

2. The Agreement shall enter into force on the date of thelater of these notifications and its provisions shall have effect:

(a) in respect of taxes levied on any basis periodbeginning on or after the first day of the calendar year next followingthe year of the entry into force of this Agreement;

(b) with respect to taxes withheld at source, inrespect of amounts paid on or after the first day of the calendar yearnext following the year of the entry into force of this Agreement;

(c) with respect to the exchange of information, inrespect of taxes relating to taxable periods beginning on or after thefirst day of the calendar year next following the year of the entry intoforce of this Agreement.

ARTICLE 28TERMINATION

This Agreement shall remain in force until terminated by aContracting State. Either Contracting State may terminate theAgreement, through diplomatic channels, by giving written notice oftermination at least six months before the end of any calendar yearafter the expiration of a period of five years from the date of its entryinto force. In such event, the Agreement shall cease to have effect:

(a) in respect of taxes levied on any basis periodbeginning on or after the first day of the calendar year next followingthe year in which the notice is given;

(b) with respect to taxes withheld at source, inrespect of amounts paid on or after the first day of the calendar yearnext following the year in which the notice is given.


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IN WITNESS WHEREOF the undersigned, duly authorised thereto,have signed this Agreement.

DONE in duplicate at Singapore on this 18th day of October 2010, in

the Spanish and English languages, all texts being equally authentic.In case of divergence between any of the texts, it shall be resolved inaccordance with the English text.

FOR THE GOVERNMENT OFTHE REPUBLIC OF PANAMA

FOR THE GOVERNMENT OFTHE REPUBLIC OF

SINGAPORE(SIGNED)

JUAN CARLOS VARELA R.Vice President of the Republic

and Minister of Foreign Affairs

(SIGNED)GEORGE YEO

Minister of Foreign Affairs


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PROTOCOL

At the moment of signing the Agreement between the Government ofthe Republic of Panama and the Government of the Republic ofSingapore for the Avoidance of Double Taxation and the Preventionof Fiscal Evasion with Respect to Taxes on Income, the undersignedhave agreed that the following provisions shall form an integral partof the Agreement.

1. With reference to this Agreement:

The term statutory body means a body constituted by anystatute and performing functions which would otherwise beperformed by the Government of a Contracting State.

2. With reference to Article 8:

It is understood that the provisions of this Agreement shall notapply with regards to the tolls, duties or similar payments that

might be applicable upon crossing the Panama Canal.

3. With reference to Article 25:

(a) The competent authority of the applicant State shallprovide the following information to the competentauthority of the requested State when making a requestfor information under the Agreement to demonstrate theforeseeable relevance of the information to the request:

(i) the identity of the person under examination orinvestigation (including, if applicable, particularsfacilitating that persons identification);

(ii) a statement of the information sought including itsnature, the relevance of the information to therequest, and the form in which the applicant State

wishes to receive the information from therequested State;

(iii) the tax purpose for which the information is sought;


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(iv) grounds for believing that the information requestedis held in the requested State or is in thepossession or control of a person within thejurisdiction of the requested State;

(v) the name and address of any person believed to bein possession of the requested information;

(vi) a statement that the applicant State has pursued allmeans available in its own territory to obtain theinformation;

(vii) a statement that the request is in conformity withthe law and administrative practices of the State ofthe competent authority, and that the competentauthority is authorised to obtain the informationunder the laws of that State or in the normal courseof administrative practice;

(viii) the details of the period within which the applicantState wishes the request to be met; and

(ix) any other information that may assist in giving effectto the request.

(b) It is understood that the exchange of information providedin Article 25 does not include measures which constitutefishing expeditions.

(c) It is understood that Article 25 does not require theContracting States to exchange information on aspontaneous or automatic basis.

(d) It is understood that in the case of exchange ofinformation, the procedural rules regarding taxpayers

rights provided for in the requested Contracting Stateremain applicable before the information is transmitted tothe requesting Contracting State. It is further understoodthat these rules are meant to assure the taxpayers a fairprocedure and should not prevent or unduly delay theexchange of information process.


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IN WITNESS WHEREOF the undersigned, duly authorised thereto,have signed this Protocol.

DONE in duplicate at Singapore on this 18th day of October 2010, in

the Spanish and English languages, all texts being equally authentic.In case of divergence between any of the texts, it shall be resolved inaccordance with the English text.

FOR THE GOVERNMENT OFTHE REPUBLIC OF PANAMA

FOR THE GOVERNMENT OFTHE REPUBLIC OF

SINGAPORE(SIGNED)

JUAN CARLOS VARELA R.Vice President of the Republic

and Minister of Foreign Affairs

(SIGNED)GEORGE YEO

Minister of Foreign Affairs

Documents

DTC agreement between Panama and Singapore