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Article 29 - Termination - IrelandExtract Article 29 : Termination This Convention shall remain in force indefinitely unless terminated by a Contracting State. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year beginning after the expiration of five years from the date of entry into force of the Convention. In such event, the Convention shall cease to have effect: (a) in India, in respect of income arising in any fiscal year on or after the first day of April next following the calendar year in which the notice is given; (b) in Ireland: (i) in respect of income tax and capital gains tax, for any year of assessment beginning on or after the first day of January in the year next following the calendar year in which the notice is given; (ii) in respect of corporation tax, for any financial year beginning on or after the first day of January next following in calendar year in which the notice is given. IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention. DONE in duplicate at New Delhi on the 6th day of November in 2000, in the Hindi and English languages, both the texts being equally authentic. In case of divergence between the two texts, the English text shall prevail. (A. BALASUBRAMANIAM) (PHILIP McDONAGH) FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF IRELAND THE REPUBLIC OF INDIA PROTOCOL At the signing of the Convention between the Government of the Republic of India and Government of Ireland for Avoidance of Double Taxation and for the Prevention of Fiscal Evasion with respect to taxes on income and capital gains, the undersigned have agreed that the following shall form an integral part of the Convention: 1. WITH REFERENCE TO ARTICLES 3 AND 23 Where a person resident in Ireland is a member of a partnership which is resident in India and by virtue of this Convention any profits, income or gains of the partnership are relieved from tax in Ireland, the Convention shall not affect any liability to tax in Ireland of such person in respect of such person's share of any profits, income or gains of the partnership; any such share of profits, income or gains shall be treated for the purposes of Article 23 as profits, income or gains from sources in India and the appropriate part of the Indian tax borne by the partnership shall be allowed as a credit against any Irish tax computed by reference to the said share of the profits, income or gains. 2. WITH REFERENCE TO ARTICLE 7 If, in accordance with the laws of a Contracting State, profits are attributed to a permanent establishment of an enterprise carrying on insurance business, on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in Article 7. 3. WITH REFERENCE TO ARTICLE 24 The provisions of this Article shall not be construed as preventing India from charging the profits of a permanent establishment of an Irish company in India at a rate of tax which is higher than that imposed on the profits of a similar Indian company, nor as being in conflict with the provisions of paragraph 3 of Article 7 of this Convention 4. WITH REFERENCE TO COLLECTION ASSISTANCE It is understood that at the date of signature of this Convention, the laws of Ireland do not permit it to lend assistance in the collection of taxes on income, profits or gains of another country. However, if after the date of signature of this Convention, the laws of Ireland in this respect change and Ireland enters into an arrangement with another country to permit such assistance in collection, then Ireland shall inform the Indian competent authority and, if requested by such authority, shall immediately enter into negotiations for the purpose of incorporating provisions with regard to collection assistance in this Convention. IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention. DONE in duplicate at New Delhi on the 6th day of November in 2000, in the Hindi and English languages, both the texts being equally authentic. In case of divergence between the two texts, the English text shall prevail. (A. BALASUBRAMANIAM) (PHILIP McDONAGH) FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF IRELAND REPUBLIC OF INDIA
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