МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ БОЛИВАРИАНСКОЙ РЕСПУБЛИКИ ВЕНЕСУЭЛА ОБ ИЗБЕЖАНИИ ДВОЙНОГО НАЛОГООБЛОЖЕНИЯ И ПРЕДОТВРАЩЕНИИ УКЛОНЕНИЯ ОТ НАЛОГООБЛОЖЕНИЯ В ОТНОШЕНИИ НАЛОГОВ НА ДОХОДЫ И КАПИТАЛ. Конвенция. Правительство РФ. 22.12.03

Article 11
                               Interest

     1. Interest arising in a Contracting State and paid to a resident
of the other Contracting State may be taxed in that other State.
     2.  However,  such  interest  may  also  be  taxed  in  the other
Contracting State in which it arises and according to the laws of that
State,  but  if  the recipient is the beneficial owner of the interest
the tax so charged shall not exceed:
     a) 5 percent of the amount of the interest in the case of banks;
     b)  10  percent  of the gross amount of the interest in all other
cases.
     3.  Notwithstanding  the  provisions  of  paragraph  2,  interest
mentioned  in  paragraph  1  shall  be taxable only in the Contracting
State  where the recipient of the interest is a resident if one of the
following requirements is fulfilled:
     a)  the  recipient  thereof  is  the  government of a Contracting
State,  the  Central  Bank  of  a  Contracting  State  or  a political
subdivision or local authority thereof;
     b)  the  interest  is  paid  by  any  of the persons mentioned in
subparagraph (a);
     c)  the  interest  is  paid  in  respect  of  a  loan  granted or
guaranteed  by  a financial institution of a public character with the
objective to promote exports and development.
     The  competent authorities of the Contracting States shall notify
each  other  of  the names of the financial institutions falling under
subparagraph  c)  of  paragraph  3  of  this  Article.  In case of any
divergence,  the  competent authorities shall resolve the issue by way
of a mutual agreement procedure.
     4.  The  term "interest" as used in the Article means income from
debt-claims  of  every  kind,  whether  or not secured by mortgage and
whether  or  not  carrying  a  right  to  participate  in the debtor`s
profits,  and  in  particular,  income  from government securities and
income  from  bonds  or  debentures,  including  premiums  and  prizes
attaching to such securities, bonds or debentures. Penalty charges for
late payment shall not be regarded as interest for the purpose of this
Article.
     5.  The  provisions  of paragraphs 1 and 2 shall not apply if the
beneficial  owner  of  the interest, being a resident of a Contracting
State, carries on business in the other Contracting State in which the
interest  arises,  through a permanent establishment situated therein,
or  performs  in that other State independent personal services from a
fixed  base  situated  therein, and the debt-claim in respect of which
the  interest  is  paid  is  effectively connected with such permanent
establishment  or fixed base. In such case the provisions of Article 7
or Article 14, as the case may be, shall apply.
     6.  Interest shall be deemed to arise in a Contracting State when
the  payer  is  that  State  itself,  a political subdivision, a local
authority  or  a  resident  of  that State. Where, however, the person
paying  the  interest, whether he is a resident of a Contracting State
or  not,  has  in  a  Contracting State a permanent establishment or a
fixed  base  in  connection  with  which the indebtedness on which the
interest  is  paid  was  incurred,  and such interest is borne by such
permanent  establishment  or  fixed  base, then such interest shall be
deemed  to  arise in the State in which the permanent establishment or
fixed base is situated.
     7.  Where,  by reason of a special relationship between the payer
and  the  beneficial  owner  or  between  both  of them and some other
person,  the  amount  of the interest, having regard to the debt-claim
for  which it is paid, exceeds the amount which would have been agreed
upon  by  the  payer  and  the beneficial owner in the absence of such
relationship,  the  provisions of this Article shall apply only to the
last-mentioned  amount.  In such case, the excess part of the payments
shall  remain taxable according to the laws of each Contracting State,
due regard being had to the other provision of this Convention.