DT6920 - DT: Falkland Islands: double taxation agreement, Article 22: Other income

(1) Items of income beneficially owned by a resident of a territory, wherever arising, which are not dealt with in the foregoing Paragraphs of this Arrangement, other than income paid out of trusts or the estates of deceased persons in the course of administration, shall be taxable only in that territory.

(2) The provisions of sub-paragraph (1) of this Paragraph shall not apply to income, other than income from immovable property as defined in sub-paragraph (2) of Paragraph 6 of this Arrangement, if the recipient of such income, being a resident of a territory, carries on business in the other territory through a permanent establishment situated therein, or performs in that other territory independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Paragraph 7 or Paragraph 14 of this Arrangement, as the case may be, shall apply.

(3) Where, by reason of a special relationship between the resident referred to in sub- paragraph (1) of this Paragraph and some other person, or between both of them and some third person, the amount of the income referred to in sub-paragraph (1) of this Paragraph exceeds the amount (if any) which would have been agreed upon between them in the absence of such a relationship, the provisions of this Paragraph shall apply only to the last- mentioned amount. In such a case, the excess part of the income shall remain taxable according to the laws of each territory, due regard being had to the other applicable provisions of this Arrangement.

(4) The provisions of this Paragraph shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the income is paid to take advantage of this Paragraph by means of that creation or assignment.