Lebanon Legal Draft Template

Category	Agreements Double Taxation Agreements With Different Countries
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File name	Lebanon

This is a sample legal draft for reference. Review and adapt it for your facts, and consult a qualified advocate before filing or execution.

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AGREEMENT

BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF LEBANON

FOR THE AVOIDANCE OF DOUBLE TAXATION OF INCOME OF ENTERPRISES OPERATING

AIRCRAFTNotification

No. 86/F. No. 11(53)/63-TPL, dated 28-6-1969.G.S.R.1552-1553.---Whereas

the annexed Agreement between the Government of India and the Government of the

Republic of Lebanon for the avoidance of double taxation of income of

enterprises operating aircraft has been ratified and the instruments of ratification

exchanged, as required by Article V of the said Agreement.Now,

therefore, in exercise of the powers conferred by section 90 of the Income-tax

Act, 1961 (43 of 1961) and section 24A of the Companies (Profits) Surtax Act,

1964 (7 of 1964), the Central Government hereby directs that all the provisions

of the said Agreement shall be given effect to in the Union of India.ANNEXUREAgreement

between the Government of India and the Government of the Republic of Lebanon

for the avoidance of double taxation of income of Enterprises operating

aircraft.Whereas

the Government of India and the Government of the Republic of Lebanon desire to

conclude an agreement for the avoidance of double taxation of income of

enterprises operating aircraft chargeable to tax in the said countries in

accordance with the respective laws;Now,

therefore, the said two Governments do hereby agree as follows:ARTICLE

I1. The taxes to which

this Agreement shall apply are:a. in the case of India:i.

the

income-tax including any surcharge on income-tax imposed under the Income-tax

Act, 1961 (43 of 1961) as amended; andii.

the

surtax imposed under the Companies (Profits) Surtax Act, 1964 (7 of 1964) as

amended:(hereinafter

referred to as " Indian tax ");a.b. in the case of

Republic of Lebanon: the income-tax including any additional tax on income-tax

prescribed under the Income-tax law issued by the Legislative Decree No. 144,

dated June 12, 1959 as amended: (hereinafter referred to as " Lebanese tax

").1.2. This Agreement shall

also apply to any identical or substantially similar taxes which are imposed

after the date of signature of this Agreement in addition to, or in place of,

the existing taxes.ARTICLE

II1. In this Agreement,

unless the context otherwise requires:a. the term " India

" shall have the meaning assigned to it in Article I of the Constitution

of India;b. the term " the

Republic of Lebanon " shall have the meaning assigned to it in the

Lebanese Constitution;c. the term " a

Contracting State " and the " other Contracting State " means

India or the Republic of Lebanon, as the context requires;d. the term " tax

" means " Indian tax " or " Lebanese tax ", as the

context requires; (e) the term " enterprise of a Contracting State "

meansi.

airline designated by the Government of that State in pursuance of the

Agreement dated September 19, 1964, as may be amended or revised from time to

time, between the Government of India and the Government of the Republic of

Lebanon relating to air services, orii.

airline which is authorised by the Government of that State by a general or

special arrangement between the two Contracting States to operate charter

flights between or beyond their territories.1.2. In the application of

the provisions of this Agreement by one of the Contracting States, any term

used but not defined herein shall, unless the context otherwise requires, have

the meaning which it has under the laws in force in that State relating to the

taxes to which this Agreement applies.ARTICLE

III1. Income derived front

the operation of aircraft in international traffic by an enterprise of one of

the Contracting States shall be exempt from tax in the other Contracting State.2. Paragraph (1) shall

likewise apply in respect of participations in pools of any kind of enterprises

engaged in air transport.ARTICLE

IVThe

laws in force in either of the Contracting States will continue to govern the

assessment and taxation of income in the Contracting States except where

express provision to the contrary is made in this Agreement.ARTICLE

V1. This Agreement shall

be ratified and the instruments of ratification shall be exchanged at Beirut as

soon as possible.2. This Agreement shall

enter into force on the date of the exchange of the instruments of ratification

and its provisions shall have effect:a. in India, in respect

of income assessable for any year of assessment commencing on or after the 1st

day of April, 1962;b. in Lebanon, in

respect of income assessable for any year of assessment commencing on or after

the 1st day of April. 1962.ARTICLE

VIThis

Agreement shall continue in effect indefinitely but either of the Contracting

States may, on or before the 30th day of June in any calendar year after the

year 1970, give notice of termination to the other Contracting State and in

such event this Agreement shall cease to be effective:a. in India, in respect

of income assessable for any year of assessment commencing on or after the 1st

day of April in the calendar year next following that year in which the notice

is given;b. in Lebanon, in

respect of income assessable for any year of assessment commencing on or after

the 1st day of April in the calendar year next following that year in which the

notice is given.IN

WITNESS WHEREOF the undersigned, duly authorised thereto, have signed the

present Agreement.DONE

in duplicate at Beirut, this 22nd day of February, One thousand nine hundred

and sixty-eight in the Hindi, Arabic and English languages, all the three texts

being equally authentic, except in the case of doubt when the English text

shall prevail.Sd/-

K. Srinivasan,For

the Government of India(Jaswant

Singh)Sd/-

Khalil Salem,For

the Government of the Republic of Lebanon.(Omuraliev

Esengul Kasymovich)PROTOCOLPROTOCOL

BETWEEN THE GOVERNMENT OF INDIA AND GOVERNMENT OF THE REPUBLIC OF LEBANONThe

Government of India and the Government of the Republic of Lebanon.Having

entered into an Agreement for the avoidance of Double Taxation of Income of

enterprises operating aircraft which is effected in respect of income

assessable for any year of assessment commencing on or after the 1st day of

April, 1962.Recognising

that Air-India which is an enterprise of India and Middle East Airlines which

is an enterprise of the Republic of Lebanon have been deriving income,

respectively, in the Republic of Lebanon and India from the operation of aircraft

in international traffic which is assessable for one or more years of

assessment prior to the year of assessment commencing on the 1st day of April,

Considering

that the Indian Income-tax Act, 1922 (11 of 1922) has been repealed with effect

from the 1st day of April, 1962.Have

accordingly agreed at the time of signing of the said Agreement as follows:"

The Government of India has not levied any Indian tax on the income of Middle

East Airlines for any of the years of assessment aforementioned and here by

agrees not to levy such tax hereafter, andThe

Government of the Republic of Lebanon has not levied any Lebanese tax on the

income of Air-India for any of the years of Assessment aforementioned and

hereby agrees not to levy such tax hereafter.And,

have further agreed that this Protocol shall constitute an integral part of the

said Agreement.In

witness whereof the undersigned, duly authorised thereto, have signed the

present Protocol.Done

in duplicate at Beirut this 22nd day of February, One thousand nine hundred and

sixty-eight in the Hindi, Arabic and English languages, all the three texts