DT19152 - DT: Turkey: double taxation agreement, Article 3: General definitions

(1) For the purposes of this Agreement, unless the context otherwise requires:

(a) the term `Turkey` means the territory of the Republic of Turkey, and any area in which the laws of Turkey are in force, as well as the Continental Shelf over which Turkey has, in accordance with international law, sovereign rights to explore and exploit its natural resources;
(b) the term `United Kingdom` means Great Britain and Northern Ireland, including any area outside the territorial sea of the United Kingdom which in accordance with international law has been or may hereafter be designated, under the laws of the United Kingdom concerning the Continental Shelf, as an area within which the rights of the United Kingdom with respect to the sea bed and sub-soil and their natural resources may be exercised;
(c) the term `national` means:

(i) in relation to Turkey, any individual possessing Turkish nationality in accordance with the Turkish Nationality Code; and any legal person, partnership or association deriving its status as such from the law in force in Turkey;
(ii) in relation to the United Kingdom, any British citizen or any British subject not possessing the citizenship of any other Commonwealth country or territory, provided he has the right of abode in the United Kingdom; and any legal person, partnership, association or other entity deriving its status as such from the law in force in the United Kingdom;

(d) the terms `a Contracting State` and `the other Contracting State` mean Turkey or the United Kingdom as the context requires;
(e) the term `tax` means any tax covered by Article 2 of this Agreement;
(f) the term `person` comprises an individual, a company and any other body of persons;
(g) the term `company` means any body corporate or any entity which is treated as a body corporate for tax purposes;
(h) the term `registered office` in relation to Turkey means the legal head office registered under the Turkish Code of Commerce;
(i) the terms `enterprise of a Contracting State` and `enterprise of the other Contracting State` mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
(j) the term `international traffic` means any transport by a ship, an aircraft or a road vehicle operated by an enterprise of a Contracting State, except when the ship, aircraft or road vehicle is operated solely between places in the other Contracting State;
(k) the term `political subdivision` in relation to the United Kingdom, includes Northern Ireland;
(l) the term `competent authority` means, in the case of Turkey the Minister of Finance and Customs or his authorised representative, and in the case of the United Kingdom the Commissioners of Inland Revenue or their authorised representative.

(2) As regards the application of this Agreement by a Contracting State any term not otherwise defined shall, unless the context otherwise requires, have the meaning which it has under the laws of that Contracting State relating to the taxes which are the subject of this Agreement.