<akomaNtoso xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:finlex="http://data.finlex.fi/schema/finlex">
    <doc name="main">
        <meta>
            <identification source="#organization_fi.finlex">
                <FRBRWork>
                    <FRBRthis value="/akn/fi/doc/tax-treaty-consolidated/2023/30/!main"/>
                    <FRBRuri value="/akn/fi/doc/tax-treaty-consolidated/2023/30"/>
                    <FRBRdate date="2023-05-11" name="dateIssued"/>
                    <FRBRauthor as="#role_author" href="#organization_fi.ministry-of-finance"/>
                    <FRBRcountry value="fi"/>
                    <FRBRsubtype value="tax-treaty-consolidated"/>
                    <FRBRnumber value="30"/>
                </FRBRWork>
                <FRBRExpression>
                    <FRBRthis value="/akn/fi/doc/tax-treaty-consolidated/2023/30/eng@/!main"/>
                    <FRBRuri value="/akn/fi/doc/tax-treaty-consolidated/2023/30/eng@"/>
                    <FRBRdate date="2023-05-11" name="dateIssued"/>
                    <FRBRauthor as="#role_author" href="#organization_fi.ministry-of-finance"/>
                    <FRBRlanguage language="eng"/>
                </FRBRExpression>
                <FRBRManifestation>
                    <FRBRthis value="/akn/fi/doc/tax-treaty-consolidated/2023/30/eng@/!main.xml"/>
                    <FRBRuri value="/akn/fi/doc/tax-treaty-consolidated/2023/30/eng@.akn"/>
                    <FRBRdate date="2025-08-28" name="dateProduced"/>
                    <FRBRauthor as="#role_editor" href="#organization_fi.finlex"/>
                    <FRBRformat value="xml"/>
                </FRBRManifestation>
            </identification>
            <references source="#organization_fi.finlex">
                <TLCOrganization eId="organization_fi.finlex" href="/akn/ontology/organization/fi.finlex" showAs="Finlex"/>
                <TLCRole eId="role_author" href="/akn/ontology/role/author" showAs="Tekijä"/>
                <TLCRole eId="role_editor" href="/akn/ontology/role/editor" showAs="Toimittaja"/>
                <TLCOrganization eId="organization_fi.ministry-of-finance" href="/akn/ontology/organization/fi.ministry-of-finance" showAs="Ministry of Finance"/>
            </references>
            <proprietary source="#organization_fi.finlex">
                <finlex:documentYear>2023</finlex:documentYear>
                <finlex:broughtIntoForceBy>
                    <finlex:treatyReference>
                        <finlex:ref href="/akn/fi/doc/treaty/2023/29"/>
                    </finlex:treatyReference>
                    <finlex:treatyReference>
                        <finlex:ref href="/akn/fi/doc/treaty/2023/30"/>
                    </finlex:treatyReference>
                    <finlex:statuteReference>
                        <finlex:ref href="/akn/fi/act/statute/2022/1121"/>
                    </finlex:statuteReference>
                    <finlex:statuteReference>
                        <finlex:ref href="/akn/fi/act/statute/2023/818"/>
                    </finlex:statuteReference>
                </finlex:broughtIntoForceBy>
                <finlex:treatyParty code="al">Albania</finlex:treatyParty>
                <finlex:isSynthesised>false</finlex:isSynthesised>
            </proprietary>
        </meta>
        <preface>
            <p>
                <docNumber>29-30/2023</docNumber>
                <docTitle>Agreement between the Government of the Republic of Finland and the Council of Ministers of the Republic of Albania for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance</docTitle>
            </p>
        </preface>
        <preamble>
            <p class="title">Agreement between the Government of the Republic of Finland and the Council of Ministers of the Republic of Albania for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance</p>
            <p>The Government of the Republic of Finland and the Council of Ministers of the Republic
    of Albania,</p>
            <p>Intending to conclude an Agreement for the elimination of double taxation with respect
    to taxes on income without creating opportunities for non-taxation or reduced taxation through
    tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining
    reliefs provided in this Agreement for the indirect benefit of residents of third
    States),</p>
            <p>Have agreed as follows:</p>
        </preamble>
        <mainBody>
            <article eId="art_1">
                <num>Article 1</num>
                <heading>Persons covered</heading>
                <content>
                    <p>This Agreement shall apply to persons who are residents of one or both of the
      Contracting States.</p>
                </content>
            </article>
            <article eId="art_2">
                <num>Article 2</num>
                <heading>Taxes covered</heading>
                <content>
                    <p>1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting
      State or of its local authorities, irrespective of the manner in which they are
      levied.</p>
                    <p>2. There shall be regarded as taxes on income all taxes imposed on total income, or on
      elements of income, including taxes on gains from the alienation of movable or immovable
      property, as well as taxes on capital appreciation.</p>
                    <p>3. The existing taxes to which the Agreement shall apply are in particular:</p>
                    <p>a) in Albania:</p>
                    <p>(i) the income taxes (tatimet mbi te ardhurat), including corporate profits tax (duke
      perfshire tatimin mbi fitimin), personal income tax (tatimin mbi te ardhura personale) and
      capital gains tax from the alienation of the movable or immovable property (tatimin e te
      ardhurave nga kapitali ose nga tjetersimi i pasurive te luajshme dhe te paluajtshme);
      and</p>
                    <p>(ii) the simplified profit tax for small businesses (tatimi i thjeshtuar mbi fitimin
      per biznesin e vogel);</p>
                    <p>(hereinafter referred to as "Albanian tax");</p>
                    <p>b) in Finland:</p>
                    <p>(i) the state income taxes (valtion tuloverot; de statliga
      inkomstskatterna);</p>
                    <p>(ii) the corporate income taxes (yhteisöjen tuloverot; inkomstskatterna för
      samfund);</p>
                    <p>(iii) the communal tax (kunnallisvero; kommunalskatten);</p>
                    <p>(iv) the church tax (kirkollisvero; kyrkoskatten);</p>
                    <p>(v) the tax withheld at source from interest (korkotulon lähdevero; källskatten på
      ränteinkomst); and</p>
                    <p>(vi) the tax withheld at source from non-residents' income (rajoitetusti
      verovelvollisen lähdevero; källskatten för begränsat skattskyldig);</p>
                    <p>(hereinafter referred to as "Finnish tax").</p>
                    <p>4. The Agreement shall apply also to any identical or substantially similar taxes that
      are imposed after the date of signature of the Agreement in addition to, or in place of, the
      existing taxes. The competent authorities of the Contracting States shall notify each other of
      any significant changes that have been made in their taxation laws.</p>
                </content>
            </article>
            <article eId="art_3">
                <num>Article 3</num>
                <heading>General definitions</heading>
                <content>
                    <p>1. For the purposes of this Agreement, unless the context otherwise
      requires:</p>
                    <p>a) the term "Albania" means the Republic of Albania, and when used in a geographical
      sense means the territory of the Republic of Albania including territorial waters and air
      space above them as well as any area beyond the territorial waters of the Republic of Albania
      which, under its laws and in accordance with international law, is an area within which the
      Republic of Albania may exercise its rights with respect to the seabed and sub-soil and their
      natural resources;</p>
                    <p>b) the term "Finland" means the Republic of Finland and, when used in a geographical
      sense, means the territory of the Republic of Finland, and any area adjacent to the
      territorial waters of the Republic of Finland within which, under the laws of Finland and in
      accordance with international law, the rights of Finland with respect to the exploration for
      and exploitation of the natural resources of the sea bed and its sub-soil and of the
      superjacent waters may be exercised;</p>
                    <p>c) the term "person" includes an individual, a company and any other body of
      persons;</p>
                    <p>d) the term "company" means any body corporate or any entity that is treated as a body
      corporate for tax purposes;</p>
                    <p>e) the term "enterprise" applies to the carrying on of any business;</p>
                    <p>f) the terms "a Contracting State" and "the other Contracting State" mean the Republic
      of Albania and the Republic of Finland as the context requires;</p>
                    <p>g) the terms "enterprise of a Contracting State" and "enterprise of the other
      Contracting State" mean respectively an enterprise carried on by a resident of a Contracting
      State and an enterprise carried on by a resident of the other Contracting State;</p>
                    <p>h) the term "national" in relation to a Contracting State, means:</p>
                    <p>(i) any individual possessing the nationality or citizenship of that Contracting
      State; and</p>
                    <p>(ii) any legal person, partnership or association deriving its status as such from the
      laws in force in that Contracting State.</p>
                    <p>i) the term "international traffic" means any transport by a ship or aircraft operated
      by an enterprise of a Contracting State, except when the ship or aircraft is operated solely
      between places in the other Contracting State;</p>
                    <p>j) the term "competent authority" means:</p>
                    <p>(i) in Albania, the Ministry of Finance or an authorized representative of the
      Ministry of Finance;</p>
                    <p>(ii) in Finland, the Ministry of Finance, its authorised representative or the
      authority which, by the Ministry of Finance, is designated as competent authority.</p>
                    <p>k) the term "business" includes the performance of professional services and of other
      activities of an independent character.</p>
                    <p>2. As regards the application of the Agreement at any time by a Contracting State, any
      term not defined therein shall, unless the context otherwise requires, have the meaning that
      it has at that time under the law of that State for the purposes of the taxes to which the
      Agreement applies, any meaning under the applicable tax laws of that State prevailing over a
      meaning given to the term under other laws of that State.</p>
                </content>
            </article>
            <article eId="art_4">
                <num>Article 4</num>
                <heading>Resident</heading>
                <content>
                    <p>1. For the purposes of this Agreement, the term "resident of a Contracting State"
      means any person who, under the laws of that State, is liable to tax therein by reason of his
      domicile, residence, place of management, place of incorporation or any other criterion of a
      similar nature, and also includes that State and any statutory body or local authority
      thereof. This term, however, does not include any person who is liable to tax in that State in
      respect only of income from sources in that State.</p>
                    <p>2. Where by reason of the provisions of paragraph 1 an individual is a resident of
      both Contracting States, then his status shall be determined as follows:</p>
                    <p>a) he shall be deemed to be a resident only of the State in which he has a permanent
      home available to him; if he has a permanent home available to him in both States, he shall be
      deemed to be a resident only of the State with which his personal and economic relations are
      closer (centre of vital interests);</p>
                    <p>b) if the State in which he has his centre of vital interests cannot be determined, or
      if he has not a permanent home available to him in either State, he shall be deemed to be a
      resident only of the State in which he has an habitual abode;</p>
                    <p>c) if he has an habitual abode in both States or in neither of them, he shall be
      deemed to be a resident only of the State of which he is a national;</p>
                    <p>d) if he is a national of both States or of neither of them, the competent authorities
      of the Contracting States shall settle the question by mutual agreement.</p>
                    <p>3. Where by reason of the provisions of paragraph 1 a person other than an individual
      is a resident of both Contracting States, the competent authorities of the Contracting States
      shall endeavour to determine by mutual agreement the Contracting State of which such person
      shall be deemed to be a resident for the purposes of the Agreement, having regard to its place
      of effective management, the place where it is incorporated or otherwise constituted and any
      other relevant factors. In the absence of such agreement, such person shall not be entitled to
      any relief or exemption from tax provided by this Agreement except to the extent and in such
      manner as may be agreed upon by the competent authorities of the Contracting
      States.</p>
                </content>
            </article>
            <article eId="art_5">
                <num>Article 5</num>
                <heading>Permanent establishment</heading>
                <content>
                    <p>1. For the purposes of this Agreement, the term "permanent establishment" means a
      fixed place of business through which the business of an enterprise is wholly or partly
      carried on.</p>
                    <p>2. The term "permanent establishment" includes especially:</p>
                    <p>a) a place of management;</p>
                    <p>b) a branch;</p>
                    <p>c) an office;</p>
                    <p>d) a factory;</p>
                    <p>e) a workshop; and</p>
                    <p>f) a mine, an oil or gas well, a quarry or any other place of extraction of natural
      resources.</p>
                    <p>3. The term "permanent establishment" likewise encompasses:</p>
                    <p>(a) a building site or construction or installation project but only if it lasts more
      than nine months; and</p>
                    <p>(b) the furnishing of services, including consultancy services, within a Contracting
      State by an enterprise through employees or other personnel engaged by the enterprise for such
      purpose, but only if activities of that nature continue (for the same or a connected project)
      within that State for a period or periods aggregating more than nine months in any twelve
      month period.</p>
                    <p>4. Notwithstanding the preceding provisions of this Article, the term "permanent
      establishment" shall be deemed not to include:</p>
                    <p>a) the use of facilities solely for the purpose of storage, display or delivery of
      goods or merchandise belonging to the enterprise;</p>
                    <p>b) the maintenance of a stock of goods or merchandise belonging to the enterprise
      solely for the purpose of storage, display or delivery;</p>
                    <p>c) the maintenance of a stock of goods or merchandise belonging to the enterprise
      solely for the purpose of processing by another enterprise;</p>
                    <p>d) the maintenance of a fixed place of business solely for the purpose of purchasing
      goods or merchandise or of collecting information, for the enterprise;</p>
                    <p>e) the maintenance of a fixed place of business solely for the purpose of carrying on,
      for the enterprise, any other activity of a preparatory or auxiliary character;</p>
                    <p>f) the maintenance of a fixed place of business solely for any combination of
      activities mentioned in sub-paragraphs a) to e), provided that the overall activity of the
      fixed place of business resulting from this combination is of a preparatory or auxiliary
      character.</p>
                    <p>5. Notwithstanding the provisions of paragraphs 1 and 2, where a person – other than
      an agent of an independent status to whom paragraph 6 applies – is acting on behalf of an
      enterprise and has, and habitually exercises, in a Contracting State an authority to conclude
      contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent
      establishment in that State in respect of any activities which that person undertakes for the
      enterprise, unless the activities of such person are limited to those mentioned in paragraph 4
      which, if exercised through a fixed place of business, would not make this fixed place of
      business a permanent establishment under the provisions of that paragraph.</p>
                    <p>6. An enterprise shall not be deemed to have a permanent establishment in a
      Contracting State merely because it carries on business in that State through a broker,
      general commission agent or any other agent of an independent status, provided that such
      persons are acting in the ordinary course of their business.</p>
                    <p>7. The fact that a company which is a resident of a Contracting State controls or is
      controlled by a company which is a resident of the other Contracting State, or which carries
      on business in that other State (whether through a permanent establishment or otherwise),
      shall not of itself constitute either company a permanent establishment of the
      other.</p>
                </content>
            </article>
            <article eId="art_6">
                <num>Article 6</num>
                <heading>Income from immovable property</heading>
                <content>
                    <p>1. Income derived by a resident of a Contracting State from immovable property
      (including income from agriculture or forestry) situated in the other Contracting State may be
      taxed in that other State.</p>
                    <p>2. The term "immovable property" shall have the meaning which it has under the law of
      the Contracting State in which the property in question is situated. The term shall in any
      case include buildings, property accessory to immovable property, livestock and equipment used
      in agriculture and forestry, rights to which the provisions of general law respecting landed
      property apply, usufruct of immovable property and rights to variable or fixed payments as
      consideration for the working of, or the right to work, mineral deposits, sources and other
      natural resources; ships, boats and aircraft shall not be regarded as immovable
      property.</p>
                    <p>3. The provisions of paragraph 1 shall apply to income derived from the direct use,
      letting, or use in any other form of immovable property.</p>
                    <p>4. Where the ownership of shares or other corporate rights in a company entitles the
      owner of such shares or corporate rights to the enjoyment of immovable property held by the
      company, the income from the direct use, letting, or use in any other form of such right to
      enjoyment may be taxed in the Contracting State in which the immovable property is
      situated.</p>
                    <p>5. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable
      property of an enterprise.</p>
                </content>
            </article>
            <article eId="art_7">
                <num>Article 7</num>
                <heading>Business profits</heading>
                <content>
                    <p>1. The profits of an enterprise of a Contracting State shall be taxable only in that
      State unless the enterprise carries on business in the other Contracting State through a
      permanent establishment situated therein. If the enterprise carries on business as aforesaid,
      the profits of the enterprise may be taxed in the other State but only so much of them as is
      attributable to that permanent establishment.</p>
                    <p>2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting
      State carries on business in the other Contracting State through a permanent establishment
      situated therein, there shall in each Contracting State be attributed to that permanent
      establishment the profits which it might be expected to make if it were a distinct and
      separate enterprise engaged in the same or similar activities under the same or similar
      conditions and dealing wholly independently with the enterprise of which it is a permanent
      establishment.</p>
                    <p>3. In determining the profits of a permanent establishment, there shall be allowed as
      deductions expenses which are incurred for the purposes of the permanent establishment,
      including executive and general administrative expenses so incurred, whether in the State in
      which the permanent establishment is situated or elsewhere.</p>
                    <p>4. No profits shall be attributed to a permanent establishment by reason of the mere
      purchase by that permanent establishment of goods or merchandise for the
      enterprise.</p>
                    <p>5. Where profits include items of income which are dealt with separately in other
      Articles of this Agreement, then the provisions of those Articles shall not be affected by the
      provisions of this Article.</p>
                </content>
            </article>
            <article eId="art_8">
                <num>Article 8</num>
                <heading>Shipping and air transport</heading>
                <content>
                    <p>1. Profits of an enterprise of a Contracting State from the operation of ships or
      aircraft in international traffic shall be taxable only in that State.</p>
                    <p>2. The provisions of paragraph 1 shall also apply to profits from the participation in
      a pool, a joint business or an international operating agency but only to so much of the
      profits so derived as is attributable to the participant in proportion to its share in the
      joint operation.</p>
                </content>
            </article>
            <article eId="art_9">
                <num>Article 9</num>
                <heading>Associated enterprises</heading>
                <content>
                    <p>1. Where</p>
                    <p>a) an enterprise of a Contracting State participates directly or indirectly in the
      management, control or capital of an enterprise of the other Contracting State, or</p>
                    <p>b) the same persons participate directly or indirectly in the management, control or
      capital of an enterprise of a Contracting State and an enterprise of the other Contracting
      State,</p>
                    <p>and in either case conditions are made or imposed between the two enterprises in their
      commercial or financial relations which differ from those which would be made between
      independent enterprises, then any profits which would, but for those conditions, have accrued
      to one of the enterprises, but, by reason of those conditions, have not so accrued, may be
      included in the profits of that enterprise and taxed accordingly.</p>
                    <p>2. Where a Contracting State includes in the profits of an enterprise of that State –
      and taxes accordingly – profits on which an enterprise of the other Contracting State has been
      charged to tax in that other State and the profits so included are profits which would have
      accrued to the enterprise of the first-mentioned State if the conditions made between the two
      enterprises had been those which would have been made between independent enterprises, then
      that other State shall make an appropriate adjustment to the amount of tax charged therein on
      those profits, where that other State considers the adjustment justified. In determining such
      adjustment, due regard shall be had to the other provisions of this Agreement and the
      competent authorities of the Contracting States shall if necessary consult each
      other.</p>
                </content>
            </article>
            <article eId="art_10">
                <num>Article 10</num>
                <heading>Dividends</heading>
                <content>
                    <p>1. Dividends paid by a company which is a resident of a Contracting State to a
      resident of the other Contracting State may be taxed in that other State.</p>
                    <p>2. However, such dividends may also be taxed in the Contracting State of which the
      company paying the dividends is a resident and according to the laws of that State, but if the
      beneficial owner of the dividends is a resident of the other Contracting State, the tax so
      charged shall not exceed:</p>
                    <p>a) 5 per cent of the gross amount of the dividends if the beneficial owner is a
      company (other than a partnership) which holds directly at least 25 per cent of the capital of
      the company paying the dividends;</p>
                    <p>b) 15 per cent of the gross amount of the dividends in all other cases.</p>
                    <p>This paragraph shall not affect the taxation of the company in respect of the profits
      out of which the dividends are paid.</p>
                    <p>3. The term "dividends" as used in this Article means income from shares, "jouissance"
      shares or "jouissance" rights, mining shares, founders' shares or other rights, not being
      debt-claims, participating in profits, as well as income from other corporate rights which is
      subjected to the same taxation treatment as income from shares by the laws of the State of
      which the company making the distribution is a resident.</p>
                    <p>4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the
      dividends, being a resident of a Contracting State, carries on business in the other
      Contracting State of which the company paying the dividends is a resident, through a permanent
      establishment situated therein, and the holding in respect of which the dividends are paid is
      effectively connected with such permanent establishment. In such case the provisions of
      Article 7 shall apply.</p>
                    <p>5. Where a company which is a resident of a Contracting State derives profits or
      income from the other Contracting State, that other State may not impose any tax on the
      dividends paid by the company, except insofar as such dividends are paid to a resident of that
      other State or insofar as the holding in respect of which the dividends are paid is
      effectively connected with a permanent establishment situated in that other State, nor subject
      the company's undistributed profits to a tax on the company's undistributed profits, even if
      the dividends paid or the undistributed profits consist wholly or partly of profits or income
      arising in such other State.</p>
                </content>
            </article>
            <article eId="art_11">
                <num>Article 11</num>
                <heading>Interest</heading>
                <content>
                    <p>1. Interest arising in a Contracting State and paid to a resident of the other
      Contracting State may be taxed in that other State.</p>
                    <p>2. However, such interest may also be taxed in the Contracting State in which it
      arises and according to the laws of that State, but if the beneficial owner of the interest is
      a resident of the other Contracting State the tax so charged shall not exceed 5 per cent of
      the gross amount of the interest.</p>
                    <p>3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting
      State and paid to a resident of the other Contracting State who is the beneficial owner
      thereof shall be taxable only in that other State if such interest is paid:</p>
                    <p>a) to the Government of the other Contracting State, including any local authority
      thereof, the Central Bank or any agency or instrumentality (including a financial institution)
      wholly or mainly owned by that Government;</p>
                    <p>b) to a resident of the other Contracting State in connection with any loan or credit
      guaranteed by the Government of the other State, including any local authority thereof, the
      Central Bank or any agency or instrumentality (including a financial institution) owned or
      controlled by that Government.</p>
                    <p>4. The term "interest" as used in this 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.</p>
                    <p>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, and the debt-claim in respect of which the interest is paid is effectively connected
      with such permanent establishment. In such case the provisions of Article 7 shall
      apply.</p>
                    <p>6. Interest shall be deemed to arise in a Contracting State when the payer is 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
      in connection with which the indebtedness on which the interest is paid was incurred, and such
      interest is borne by such permanent establishment, then such interest shall be deemed to arise
      in the State in which the permanent establishment is situated.</p>
                    <p>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 provisions of this Agreement.</p>
                </content>
            </article>
            <article eId="art_12">
                <num>Article 12</num>
                <heading>Royalties</heading>
                <content>
                    <p>1. Royalties arising in a Contracting State and paid to a resident of the other
      Contracting State may be taxed in that other State.</p>
                    <p>2. However, such royalties may also be taxed in the Contracting State in which they
      arise, and according to the laws of that State, but if the beneficial owner of the royalties
      is a resident of the other Contracting State the tax so charged shall not exceed 5 per cent of
      the gross amount of the royalties.</p>
                    <p>3. The term "royalties" as used in this Article means payments of any kind received as
      a consideration for the use of, or the right to use, any copyright of literary, artistic or
      scientific work including cinematograph films, and films or tapes for television or radio
      broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for
      information concerning industrial, commercial or scientific experience.</p>
                    <p>4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the
      royalties, being a resident of a Contracting State, carries on business in the other
      Contracting State in which the royalties arise, through a permanent establishment situated
      therein, and the right or property in respect of which the royalties are paid is effectively
      connected with such permanent establishment. In such case the provisions of Article 7 shall
      apply.</p>
                    <p>5. Royalties shall be deemed to arise in a Contracting State when the payer is a
      resident of that State. Where, however, the person paying the royalties, whether he is a
      resident of a Contracting State or not, has in a Contracting State a permanent establishment
      in connection with which the liability to pay the royalties was incurred, and such royalties
      are borne by such permanent establishment, then such royalties shall be deemed to arise in the
      State in which the permanent establishment is situated.</p>
                    <p>6. 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 royalties, having
      regard to the use, right or information for which they are 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 provisions of this Agreement.</p>
                </content>
            </article>
            <article eId="art_13">
                <num>Article 13</num>
                <heading>Capital gains</heading>
                <content>
                    <p>1. Gains derived by a resident of a Contracting State from the alienation of immovable
      property referred to in Article 6 and situated in the other Contracting State may be taxed in
      that other State.</p>
                    <p>2. Gains from the alienation of movable property forming part of the business property
      of a permanent establishment which an enterprise of a Contracting State has in the other
      Contracting State, including such gains from the alienation of such a permanent establishment
      (alone or with the whole enterprise), may be taxed in that other State.</p>
                    <p>3. Gains derived by an enterprise of a Contracting State from the alienation of ships
      or aircraft operated in international traffic or movable property pertaining to the operation
      of such ships or aircraft, shall be taxable only in that State.</p>
                    <p>4. Gains derived by a resident of a Contracting State from the alienation of shares or
      comparable interests deriving more than 50 per cent of their value directly or indirectly from
      immovable property situated in the other Contracting State may be taxed in that other
      State.</p>
                    <p>5. Gains from the alienation of any property other than that referred to in the
      preceding paragraphs of this Article, shall be taxable only in the Contracting State of which
      the alienator is a resident.</p>
                </content>
            </article>
            <article eId="art_14">
                <num>Article 14</num>
                <heading>Income from employment</heading>
                <content>
                    <p>1. Subject to the provisions of Articles 15, 17 and 18, salaries, wages and other
      similar remuneration derived by a resident of a Contracting State in respect of an employment
      shall be taxable only in that State unless the employment is exercised in the other
      Contracting State. If the employment is so exercised, such remuneration as is derived
      therefrom may be taxed in that other State.</p>
                    <p>2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident
      of a Contracting State in respect of an employment exercised in the other Contracting State
      shall be taxable only in the first-mentioned State if:</p>
                    <p>a) the recipient is present in the other State for a period or periods not exceeding
      in the aggregate 183 days in any twelve-month period commencing or ending in the calendar year
      concerned, and</p>
                    <p>b) the remuneration is paid by, or on behalf of, an employer who is not a resident of
      the other State, and</p>
                    <p>c) the remuneration is not borne by a permanent establishment which the employer has
      in the other State, and</p>
                    <p>d) the employment is not a case of hiring out of labour.</p>
                    <p>3. Notwithstanding the preceding provisions of this Article, remuneration derived in
      respect of an employment exercised aboard a ship or aircraft operated in international traffic
      by an enterprise of a Contracting State, may be taxed in that State.</p>
                </content>
            </article>
            <article eId="art_15">
                <num>Article 15</num>
                <heading>Directors' fees</heading>
                <content>
                    <p>Directors' fees and other similar payments derived by a resident of a Contracting
      State in his capacity as a member of the board of directors or any other similar organ of a
      company which is a resident of the other Contracting State may be taxed in that other
      State.</p>
                </content>
            </article>
            <article eId="art_16">
                <num>Article 16</num>
                <heading>Artistes and sportspersons</heading>
                <content>
                    <p>1. Notwithstanding the provisions of Article 14, income derived by a resident of a
      Contracting State as an entertainer, such as a theatre, motion picture, radio or television
      artiste, or a musician, or as a sportsperson, from that resident´s personal activities as such
      exercised in the other Contracting State, may be taxed in that other State.</p>
                    <p>2. Where income in respect of personal activities exercised by an entertainer or a
      sportsperson acting as such accrues not to the entertainer or sportsperson but to another
      person, that income may, notwithstanding the provisions of Article 14, be taxed in the
      Contracting State in which the activities of the entertainer or sportsperson are
      exercised.</p>
                </content>
            </article>
            <article eId="art_17">
                <num>Article 17</num>
                <heading>Pensions, annuities and similar payments</heading>
                <content>
                    <p>1. Subject to the provisions of paragraph 2 of Article 18, pensions and other similar
      remuneration in consideration of past employment paid to a resident of a Contracting State
      shall be taxable only in that State.</p>
                    <p>2. Notwithstanding the provisions of paragraph 1, and subject to the provisions of
      paragraph 2 of Article 18, pensions paid and other benefits, whether periodic or lump-sum
      compensation, awarded under the social security legislation of a Contracting State or under
      any public scheme organised by a Contracting State for social welfare purposes, or any annuity
      arising in a Contracting State, may be taxed in that State.</p>
                    <p>3. The term "annuity" as used in this Article means a stated sum payable periodically
      to an individual at stated times during his life, or during a specified or ascertainable
      period of time, under an obligation to make the payments in return for adequate and full
      consideration in money or money's worth (other than services rendered).</p>
                </content>
            </article>
            <article eId="art_18">
                <num>Article 18</num>
                <heading>Government service</heading>
                <content>
                    <p>1. a) Salaries, wages and other similar remuneration paid by a Contracting State or a
      statutory body or a local authority thereof to an individual in respect of services rendered
      to that State or body or authority shall be taxable only in that State.</p>
                    <p>b) However, such salaries, wages and other similar remuneration shall be taxable only
      in the other Contracting State if the services are rendered in that State and the individual
      is a resident of that State who:</p>
                    <p>(i) is a national of that State; or</p>
                    <p>(ii) did not become a resident of that State solely for the purpose of rendering the
      services.</p>
                    <p>2. a) Notwithstanding the provisions of paragraph 1, pensions and other similar
      remuneration paid by, or out of funds created by, a Contracting State or a statutory body or a
      local authority thereof to an individual in respect of services rendered to that State or body
      or authority shall be taxable only in that State.</p>
                    <p>b) However, such pension and other similar remuneration shall be taxable only in the
      other Contracting State if the individual is a resident of, and a national of, that
      State.</p>
                    <p>3. The provisions of Articles 14, 15, 16 and 17 shall apply to salaries, wages,
      pensions, and other similar remuneration in respect of services rendered in connection with a
      business carried on by a Contracting State or a statutory body or a local authority
      thereof.</p>
                </content>
            </article>
            <article eId="art_19">
                <num>Article 19</num>
                <heading>Students</heading>
                <content>
                    <p>Payments which a student or business apprentice who is or was immediately before
      visiting a Contracting State a resident of the other Contracting State and who is present in
      the first-mentioned State solely for the purpose of his education or training receives for the
      purpose of his maintenance, education or training shall not be taxed in that State, provided
      that such payments arise from sources outside that State.</p>
                </content>
            </article>
            <article eId="art_20">
                <num>Article 20</num>
                <heading>Other income</heading>
                <content>
                    <p>1. Items of income of a resident of a Contracting State, wherever arising, not dealt
      with in the foregoing Articles of this Agreement shall be taxable only in that
      State.</p>
                    <p>2. The provisions of paragraph 1 shall not  apply to income, other than income from
      immovable property as defined in paragraph 2 of Article 6, if the recipient of such income,
      being a resident of a Contracting State, carries on business in the other Contracting State
      through a permanent establishment situated therein, and the right or property in respect of
      which the income is paid is effectively connected with such permanent establishment. In such
      case the provisions of Article 7 shall apply.</p>
                </content>
            </article>
            <article eId="art_21">
                <num>Article 21</num>
                <heading>Elimination of double taxation</heading>
                <content>
                    <p>1. Subject to the provisions of Finnish law regarding the elimination of international
      double taxation (which shall not affect the general principle hereof), double taxation shall
      be eliminated in Finland as follows:</p>
                    <p>a) Where a resident of Finland derives income which, in accordance with the provisions
      of this Agreement, may be taxed in Albania, Finland shall, subject to the provisions of
      sub-paragraph b), allow as a deduction from the Finnish tax of that person, an amount equal to
      the Albanian tax paid under Albanian law and in accordance with the Agreement, as computed by
      reference to the same income by reference to which the Finnish tax is computed.</p>
                    <p>b) Dividends paid by a company being a resident of Albania to a company which is a
      resident of Finland and which controls directly at least 10 per cent of the voting power in
      the company paying the dividends shall be exempt from Finnish tax.</p>
                    <p>c) Where in accordance with any provision of the Agreement income derived by a
      resident of Finland is exempt from tax in Finland, Finland may nevertheless, in calculating
      the amount of tax on the remaining income of such person, take into account the exempted
      income.</p>
                    <p>2. In Albania double taxation shall be eliminated as follows:</p>
                    <p>a) Where a resident of Albania derives income which, in accordance with the provisions
      of this Agreement may be taxed in Finland, Albania shall allow as a deduction from Albanian
      tax on the income of that resident an amount equal to the income tax paid in
      Finland.</p>
                    <p>Such deduction shall not, however, exceed that part of the Albanian tax on income as
      computed before the deduction is given, which is attributable to the income which may be taxed
      in Finland.</p>
                    <p>b) Where in accordance with any provision of the Agreement income derived by a
      resident of Albania is exempt from tax in Albania, Albania may nevertheless, in calculating
      the amount of tax on the remaining income of such resident, take into account the exempted
      income.</p>
                </content>
            </article>
            <article eId="art_22">
                <num>Article 22</num>
                <heading>Non-discrimination</heading>
                <content>
                    <p>1. Nationals of a Contracting State shall not be subjected in the other Contracting
      State to any taxation or any requirement connected therewith, which is other or more
      burdensome than the taxation and connected requirements to which nationals of that other State
      in the same circumstances, in particular with respect to residence, are or may be subjected.
      This provision shall, notwithstanding the provisions of Article 1, also apply to persons who
      are not residents of one or both of the Contracting States.</p>
                    <p>2. The taxation on a permanent establishment which an enterprise of a Contracting
      State has in the other Contracting State shall not be less favourably levied in that other
      State than the taxation levied on enterprises of that other State carrying on the same
      activities. This provision shall not be construed as obliging a Contracting State to grant to
      residents of the other Contracting State any personal allowances, reliefs and reductions for
      taxation purposes on account of civil status or family responsibilities which it grants to its
      own residents.</p>
                    <p>3. Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11,
      or paragraph 6 of Article 12, apply, interest, royalties and other disbursements paid by an
      enterprise of a Contracting State to a resident of the other Contracting State shall, for the
      purpose of determining the taxable profits of such enterprise, be deductible under the same
      conditions as if they had been paid to a resident of the first-mentioned State.</p>
                    <p>4. Enterprises of a Contracting State, the capital of which is wholly or partly owned
      or controlled, directly or indirectly, by one or more residents of the other Contracting
      State, shall not be subjected in the first-mentioned State to any taxation or any requirement
      connected therewith which is other or more burdensome than the taxation and connected
      requirements to which other similar enterprises of the first-mentioned State are or may be
      subjected.</p>
                    <p>5. The provisions of this Article shall, notwithstanding the provisions of Article 2,
      apply to taxes of every kind and description.</p>
                </content>
            </article>
            <article eId="art_23">
                <num>Article 23</num>
                <heading>Mutual agreement procedure</heading>
                <content>
                    <p>1. Where a person considers that the actions of one or both of the Contracting States
      result or will result for him in taxation not in accordance with the provisions of this
      Agreement, he may, irrespective of the remedies provided by the domestic law of those States,
      present his case to the competent authority of the Contracting State of which he is a resident
      or, if his case comes under paragraph 1 of Article 22, to that of the Contracting State of
      which he is a national. The case must be presented within three years from the first
      notification of the action resulting in taxation not in accordance with the provisions of the
      Agreement.</p>
                    <p>2. The competent authority shall endeavour, if the objection appears to it to be
      justified and if it is not itself able to arrive at a satisfactory solution, to resolve the
      case by mutual agreement with the competent authority of the other Contracting State, with a
      view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement
      reached shall be implemented notwithstanding any time limits in the domestic law of the
      Contracting States.</p>
                    <p>3. The competent authorities of the Contracting States shall endeavour to resolve by
      mutual agreement any difficulties or doubts arising as to the interpretation or application of
      the Agreement. They may also consult together for the elimination of double taxation in cases
      not provided for in the Agreement.</p>
                    <p>4. The competent authorities of the Contracting States may communicate with each other
      directly, including through a joint commission consisting of themselves or their
      representatives, for the purpose of reaching an agreement in the sense of the preceding
      paragraphs.</p>
                </content>
            </article>
            <article eId="art_24">
                <num>Article 24</num>
                <heading>Exchange of information</heading>
                <content>
                    <p>1. The competent authorities of the Contracting States shall exchange such information
      as is foreseeably relevant for carrying out the provisions of this Agreement or to the
      administration or enforcement of the domestic laws concerning taxes of every kind and
      description imposed on behalf of the Contracting States, or of their political subdivisions or
      local authorities, insofar as the taxation thereunder is not contrary to the Agreement. The
      exchange of information is not restricted by Articles 1 and 2.</p>
                    <p>2. Any information received under paragraph 1 by a Contracting State shall be treated
      as secret in the same manner as information obtained under the domestic laws of that State and
      shall be disclosed only to persons or authorities (including courts and administrative bodies)
      concerned with the assessment or collection of, the enforcement or prosecution in respect of,
      the determination of appeals in relation to the taxes referred to in paragraph 1, or the
      oversight of the above. Such persons or authorities shall use the information only for such
      purposes. They may disclose the information in public court proceedings or in judicial
      decisions. Notwithstanding the foregoing, information received by a Contracting State may be
      used for other purposes when such information may be used for such other purposes under the
      laws of both States and the competent authority of the supplying State authorises such
      use.</p>
                    <p>3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose
      on a Contracting State the obligation:</p>
                    <p>a) to carry out administrative measures at variance with the laws and administrative
      practice of that or of the other Contracting State;</p>
                    <p>b) to supply information which is not obtainable under the laws or in the normal
      course of the administration of that or of the other Contracting State;</p>
                    <p>c) to supply information which would disclose any trade, business, industrial,
      commercial or professional secret or trade process, or information, the disclosure of which
      would be contrary to public policy (ordre public).</p>
                    <p>4. If information is requested by a Contracting State in accordance with this Article,
      the other Contracting State shall use its information gathering measures to obtain the
      requested information, even though that other State may not need such information for its own
      tax purposes. The obligation contained in the preceding sentence is subject to the limitations
      of paragraph 3 but in no case shall such limitations be construed to permit a Contracting
      State to decline to supply information solely because it has no domestic interest in such
      information.</p>
                    <p>5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting
      State to decline to supply information solely because the information is held by a bank, other
      financial institution, nominee or person acting in an agency or a fiduciary capacity or
      because it relates to ownership interests in a person.</p>
                </content>
            </article>
            <article eId="art_25">
                <num>Article 25</num>
                <heading>Members of diplomatic missions and consular posts</heading>
                <content>
                    <p>Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic
      missions or consular posts under the general rules of international law or under the
      provisions of special agreements.</p>
                </content>
            </article>
            <article eId="art_26">
                <num>Article 26</num>
                <heading>Entitlement to Benefits</heading>
                <content>
                    <p>Notwithstanding the other provisions of this Agreement, a benefit under this Agreement
      shall not be granted in respect of an item of income if it is reasonable to conclude, having
      regard to all relevant facts and circumstances, that obtaining that benefit was one of the
      principal purposes of any arrangement or transaction that resulted directly or indirectly in
      that benefit, unless it is established that granting that benefit in these circumstances would
      be in accordance with the object and purpose of the relevant provisions of this
      Agreement.</p>
                </content>
            </article>
            <article eId="art_27">
                <num>Article 27</num>
                <heading>Entry into force</heading>
                <content>
                    <p>1. The Governments of the Contracting States shall notify each other, through
      diplomatic channels that the constitutional requirements for the entry into force of this
      Agreement have been complied with.</p>
                    <p>2. The Agreement shall enter into force thirty days after the date of the later of the
      notifications referred to in paragraph 1 and its provisions shall have effect in both
      Contracting States:</p>
                    <p>a) in respect of taxes withheld at source, on income derived on or after 1 January in
      the calendar year next following the year in which the Agreement enters into force;</p>
                    <p>b) in respect of other taxes on income for taxes chargeable for any tax year beginning
      on or after 1 January in the calendar year next following the year in which the Agreement
      enters into force.</p>
                    <p>3. Notwithstanding the provisions of paragraph 2 of this Article, the provisions of
      Article 24 (Exchange of Information) shall have effect from the date on which the Agreement
      enters into force without regard to the taxable period to which the information
      relates.</p>
                </content>
            </article>
            <article eId="art_28">
                <num>Article 28</num>
                <heading>Termination</heading>
                <content>
                    <p>This Agreement shall remain in force until terminated by a Contracting State. Either
      Contracting State may terminate the Agreement, through diplomatic channels, by giving notice
      of termination at least six months before the end of any calendar year following after the
      period of five years from the date on which the Agreement enters into force. In such event,
      the Agreement shall cease to have effect in both Contracting States:</p>
                    <p>a) in respect of taxes withheld at source, on income derived on or after 1 January in
      the calendar year next following the year in which the notice is given;</p>
                    <p>b) in respect of other taxes on income for taxes chargeable for any tax year beginning
      on or after 1 January in the calendar year next following the year in which the notice is
      given.</p>
                    <p>In witness whereof the undersigned, duly authorised thereto, have signed this
      Agreement. </p>
                    <p>Done in duplicate at Stockholm this 8 day of June 2022, in the Finnish, Albanian and
      English languages, all three texts being equally authentic. In the case of divergence of
      interpretation the English text shall prevail.</p>
                </content>
            </article>
        </mainBody>
    </doc>
</akomaNtoso>
