# The Double Taxation Relief (Taxes on Income) (Austria) Order 1970, Note: Explanatory note


Under the Convention with Austria scheduled to this Order (which is to replace the Convention signed in Vienna on 20th July 1956) shipping and air transport profits, certain trading profits not arising through a permanent establishment, interest, pensions (other than Government pensions) and the earnings of temporary business visitors are (subject to certain conditions) to be taxed only in the country of the taxpayer's residence. Government salaries and pensions are normally to be taxed by the paying government only. The remuneration of visiting teachers and professors, and certain payments made to visiting students are (subject to certain conditions) to be exempt in the country visited. Capital gains arising from the disposal of movable property are normally to be taxed only in the country of the taxpayer's residence unless they arise from the disposal of assets of a permanent establishment which the taxpayer has in the other country.
The rate of tax in the source country on income flowing from one country to the other is, in general, not to exceed 15 per cent in the case of dividends, and 10 per cent in the case of royalties paid to a company which controls more than 50 per cent of the voting power of the company paying the royalties. Other royalties are normally to be taxed only in the country of the taxpayer's residence.
Where income continues to be taxable in both countries, relief from double taxation is to be given by the country of the taxpayer's residence. There are provisions safeguarding nationals and enterprises of one country against discriminatory taxation in the other country, and for the exchange of information and consultation between the taxation authorities of the two countries.
The Convention is in general to take effect in the United Kingdom for 1969-70 and subsequent years.

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Source: https://www.legislation.gov.uk/uksi/1970/1947/note (the official version)
Page: https://openlegislation.uk/double-taxation-relief-taxes-on-income-austria-order-1970/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.