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        <preface>
            <p>
                <docNumber>84-85/1996</docNumber>
                <docTitle>Agreement between the Republic of Finland and the Argentine Republic for the avoidance of double taxation with respect to taxes on income and on capital</docTitle>
            </p>
        </preface>
        <preamble>
            <p>
                <embeddedStructure class="mli-addition">
                    <tblock>
                        <heading>SYNTHESISED TEXT OF THE MLI AND THE AGREEMENT BETWEEN THE REPUBLIC OF FINLAND AND THE ARGENTINE REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL</heading>
                        <p>This document presents the synthesised text for the application of the Agreement between the Republic of Finland and the Argentine Republic for the avoidance of double taxation with respect to taxes on income and on capital signed on 13 December 1994 (the “Agreement”), as modified by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting signed by the Republic of Finland and the Argentine Republic on 7 June 2017 (the “MLI”).</p>
                        <p>This document was prepared in consultation with the competent authority of the Argentine Republic and represents a shared understanding of the modifications made to the Agreement by the MLI.</p>
                        <p>The document was prepared on the basis of the consolidated MLI position of the Republic of Finland submitted to the Depositary on 27 June 2023 and of the MLI position of the Argentine Republic submitted to the Depositary upon ratification on 29 September 2025. These MLI positions are subject to modifications as provided in the MLI. Modifications made to MLI positions could modify the effects of the MLI on this Agreement.</p>
                        <p>The authentic legal texts of the Agreement and the MLI take precedence and remain the legal texts applicable.</p>
                        <p>The provisions of the MLI that are applicable with respect to the provisions of the Agreement are included in boxes throughout the text of this document in the context of the relevant provisions of the Agreement. The boxes containing the provisions of the MLI have generally been inserted in accordance with the ordering of the provisions of the 2017 OECD Model Tax Convention.</p>
                        <p>Changes to the text of the provisions of the MLI have been made to conform the terminology used in the MLI to the terminology used in the Agreement (such as “Covered Tax Agreement” and “Agreement”, “Contracting Jurisdictions” and “Contracting States”), to ease the comprehension of the provisions of the MLI. The changes in terminology are intended to increase the readability of the document and are not intended to change the substance of the provisions of the MLI.</p>
                        <p>In all cases, references made to the provisions of the Agreement or to the Agreement must be understood as referring to the Agreement as modified by the provisions of the MLI, provided such provisions of the MLI have taken effect.</p>
                        <p>
                            <b>Entry into Effect of the MLI Provisions</b>
                        </p>
                        <p>The provisions of the MLI applicable to this Agreement do not take effect on the same dates as the original provisions of the Agreement. Each of provisions of the MLI could take effect on different dates, depending on the types of taxes involved (taxes withheld at source or other taxes levied) and on the choices made by the Republic of Finland and the Argentine Republic in their MLI positions.</p>
                        <p>Dates of the deposit of instruments of ratification, acceptance or approval: 25 February 2019 for the Republic of Finland and 29 September 2025 for the Argentine Republic.</p>
                        <p>Entry into force of the MLI: 1 June 2019 for the Republic of Finland and 1 January 2026 for the Argentine Republic.</p>
                        <p>This document provides specific information on the dates on or after which each of the provisions of the MLI has effect with respect to the Agreement throughout this document.</p>
                        <p>
                            <b>References</b>
                        </p>
                        <p>The authentic legal texts of the MLI can be found on the MLI Depositary (OECD) webpage:</p>
                        <p>
                            – in English: 
                            <a href="http://www.oecd.org/tax/treaties/multilateral-convention-to-implement-tax-treaty-related-measures-to-prevent-BEPS.pdf">http://www.oecd.org/tax/treaties/multilateral-convention-to-implement-tax-treaty-related-measures-to-prevent-BEPS.pdf</a>
                                                 and
                        </p>
                        <p>
                            – in French:
                            <a href="http://www.oecd.org/fr/fiscalite/conventions/convention-multilaterale-pour-la-mise-en-oeuvre-des-mesures-relatives-aux-conventions-fiscales-pour-prevenir-le-BEPS.pdf">http://www.oecd.org/fr/fiscalite/conventions/convention-multilaterale-pour-la-mise-en-oeuvre-des-mesures-relatives-aux-conventions-fiscales-pour-prevenir-le-BEPS.pdf</a>
                        </p>
                        <p>
                            The consolidated MLI position of the Republic of Finland submitted to the Depositary on 27 June 2023 and the MLI position of the Argentine Republic submitted to the Depositary upon ratification on 29 September 2025 can be found on the MLI Depositary (OECD) webpage:
                            <a href="http://www.oecd.org/tax/treaties/beps-mli-signatories-and-parties.pdf">http://www.oecd.org/tax/treaties/beps-mli-signatories-and-parties.pdf</a>
                        </p>
                        <p>
                            The MLI Matching Database is publicly available on the OECD webpage:
                            <a href="http://www.oecd.org/tax/treaties/mli-matching-database.htm">http://www.oecd.org/tax/treaties/mli-matching-database.htm</a>
                        </p>
                        <p>
                            The Act on Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting is published in Statute Book of Finland 231/2019. Link to Finnish language version 
                            <a href="https://www.finlex.fi/fi/lainsaadanto/2019/231">https://www.finlex.fi/fi/lainsaadanto/2019/231</a>. Link to Swedish language version 
                            <a href="https://www.finlex.fi/sv/lagstiftning/forfattningssamling/2019/231">https://www.finlex.fi/sv/lagstiftning/forfattningssamling/2019/231</a>.
                        </p>
                        <p>
                            The Government´s Statute on the entry into force of the MLI and the Act and the Finnish text (translation) of the MLI is published in the Treaty Series of the Statute Book of Finland SopS 21-22/2019. Links to Finnish language versions 
                            <a href="https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/2019/21">https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/2019/21</a>
                                  and
                            <a href="https://www.finlex.fi/fi/sopimukset/sopsteksti/2019/20190022">https://www.finlex.fi/fi/sopimukset/sopsteksti/2019/20190022</a>. Links to Swedish language versions 
                            <a href="https://www.finlex.fi/sv/fordrag/fordragsserie/2019/21">https://www.finlex.fi/sv/fordrag/fordragsserie/2019/21</a>
                                  and
                            <a href="https://www.finlex.fi/sv/fordrag/fordragsserie/2019/22">https://www.finlex.fi/sv/fordrag/fordragsserie/2019/22</a>.
                        </p>
                        <p>
                            The Announcement of the Ministry of Finance on withdrawal of reservation made to Article 9 of the MLI and on additional notifications is published in the Treaty Series of the Statute Book of Finland SopS 48/2023. Link to Finnish language version 
                            <a href="https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/2023/48">https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/2023/48</a>. Link to Swedish language version
                            <a href="https://www.finlex.fi/sv/fordrag/fordragsserie/2023/48">https://www.finlex.fi/sv/fordrag/fordragsserie/2023/48</a>.
                        </p>
                        <p>
                            The Announcement of the Ministry of Finance on the entry into force of the MLI in the Argentine Republic is published in the Treaty Series of the Statute Book of Finland SopS 51/2025. Link to Finnish language version 
                            <a href="https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/2025/51">https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/2025/51</a>. Link to Swedish language version 
                            <a href="https://www.finlex.fi/sv/fordrag/fordragsserie/2025/51">https://www.finlex.fi/sv/fordrag/fordragsserie/2025/51</a>.
                        </p>
                        <p>
                            Agreement between the Republic of Finland and the Argentine Republic for the avoidance of double taxation with respect to taxes on income and on capital signed on 13 December 1994 is published in the Treaty Series of the Statute Book of Finland SopS 85/1996. Link to Finnish language version 
                            <a href="https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/1996/85"> https://www.finlex.fi/fi/valtiosopimukset/sopimussarja/1996/85</a>
                        </p>
                    </tblock>
                </embeddedStructure>
            </p>
            <p class="title">Agreement between the Republic of Finland and the Argentine Republic for the avoidance of double taxation with respect to taxes on income and on capital</p>
            <p>The Government of the Republic of Finland and the Government of the Argentine Republic,</p>
            <p>
                <embeddedStructure class="mli-replaced">
                    <p>
                        <authorialNote>
                            <p>[REPLACED by paragraph 1 of Article 6 of the MLI]</p>
                        </authorialNote>
                    </p>
                    <p>[Desiring to conclude an Agreement for the avoidance of double taxation with respect to taxes on income and on capital,]</p>
                </embeddedStructure>
            </p>
            <p>
                <embeddedStructure class="mli-replacement">
                    <p>
                        <authorialNote>
                            <p>
                                The following paragraph 1 of Article 6 of the MLI replaces the text referring to an intent to eliminate double taxation in the preamble of this Agreement:
                                <authorialNote marker="1" placement="bottom">
                                    <p>In accordance with paragraphs 1 and 3 of Article 35 of the MLI, paragraph 1 of Article 6 of the MLI has effect with respect to the application of this Agreement by the Republic of Finland:</p>
                                    <p>a) with respect to taxes withheld at source on amounts paid or credited to nonresidents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                    <p>b) with respect to all other taxes levied by the Republic of Finland, for taxes levied with respect to taxable periods beginning on or after 1 January 2027;</p>
                                    <p>and,</p>
                                    <p>In accordance with paragraph 1 of Article 35 of the MLI, paragraph 1 of Article 6 of the MLI has effect with respect to the application of the Agreement by the Argentine Republic:</p>
                                    <p>a) with respect to taxes withheld at source on amounts paid or credited to nonresidents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                    <p>b) with respect to all other taxes levied by the Argentine Republic, for taxes levied with respect to taxable periods beginning on or after 1 January 2027.</p>
                                </authorialNote>
                            </p>
                        </authorialNote>
                    </p>
                    <article>
                        <num>ARTICLE 6 OF THE MLI – PURPOSE OF A COVERED TAX AGREEMENT</num>
                        <content>
                            <p>
                                Intending to eliminate double taxation with respect to the taxes covered by [
                                <i>this Agreement</i>
                                ] 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 [
                                <i>the Agreement</i>
                                ] for the indirect benefit of residents of third jurisdictions),
                            </p>
                        </content>
                    </article>
                </embeddedStructure>
            </p>
            <p>Have agreed as follows:</p>
        </preamble>
        <mainBody>
            <article eId="art_1">
                <num>Article 1</num>
                <heading>Personal scope</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 and on capital 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 and on capital all taxes imposed on
      total income, on total capital, or on elements of income or of capital, 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:</p>
                    <p>a) in Finland:</p>
                    <p>(i) the state income taxes (valtion tuloverot; de statliga
      inkomstskatterna);</p>
                    <p>(ii) the corporate income tax (yhteisöjen tulovero; inkomstskatten för
      samfund);</p>
                    <p>(iii) the communal tax (kunnallisvero; kommunal skatten);</p>
                    <p>(iv) the church tax (kirkollisvero; kyrkoskatten);</p>
                    <p>(v) the tax withheld at source from interest (korkotulon lähdevero; källskatten på
      ränteinkomst);</p>
                    <p>(vi) the tax withheld at source from nonresidents' income (rajoitetusti
      verovelvollisen lähdevero; källskatten för begränsat skattskyldig); and</p>
                    <p>(vii) the state capital tax (valtion varallisuusvero; den statliga
      förmögenhetsskatten);</p>
                    <p>(hereinafter referred to as "Finnish tax");</p>
                    <p>b) in the Argentine:</p>
                    <p>(i) the income tax (impuesto a las ganancias);</p>
                    <p>(ii) the assets tax (impuesto sobre los activos); and</p>
                    <p>(iii) the personal assets tax (impuesto personal sobre los bienes no incorporados al
      proceso económico);</p>
                    <p>(hereinafter referred to as "Argentine tax").</p>
                    <p>4. The Agreement shall apply also to any identical or substantially similar taxes
      which 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 which have been made in their respective 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 "Finland" means the Republic of Finland and the term "the Argentine" means
      the Argentine Republic;</p>
                    <p>b) the term "person" includes an individual, a company and any other body of
      persons;</p>
                    <p>c) the term "company" means any body corporate or any entity which is treated as a
      body corporate for tax purposes;</p>
                    <p>d) 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>e) the term "national" means:</p>
                    <p>(i) any individual possessing the nationality of a Contracting State;</p>
                    <p>(ii) any legal person, partnership or association deriving its status as such from the
      laws in force in a Contracting State;</p>
                    <p>f) 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>g) the term "competent authority" means:</p>
                    <p>(i) 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>(ii) in the Argentine, the Ministry of Economy and Public Works and Services,
      Secretariat of Public Revenue (ei Ministerio de Economía y Obras y Servicios Públicos,
      Secretaría de Ingresos Públicos).</p>
                    <p>2. As regards the application of the Agreement by a Contracting State any term not
      defined therein shall, unless the context otherwise requires, have the meaning which it has
      under the law of that State concerning the taxes to which the Agreement applies.</p>
                </content>
            </article>
            <article eId="art_4">
                <num>Article 4</num>
                <heading>Residence</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 in corporation (registration) or any other
      criterion of a similar nature.</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 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 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 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 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 I a person other than an individual
      is a resident of both Contracting States, then it shall be deemed to be a resident of the
      State in which its place of effective management is situated.</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 relating to the
      exploitation of natural resources.</p>
                    <p>3. The term "permanent establishment" likewise encompasses:</p>
                    <p>a) a building site, a construction, assembly or installation project or supervisory
      activities in connection therewith, but only where such site, project or activities continue
      for a period of more than six months;</p>
                    <p>b) the furnishing of services, including consultancy services, by an enterprise
      through employees or other personnel engaged by the enterprise for such purpose, but only
      where activities of that nature continue (for the same or a connected project) for a period or
      periods aggregating more than six months within any twelve-month period;</p>
                    <p>c) activities connected with the exploration for natural resources, but only where
      such activities continue for a period of more than six months.</p>
                    <p>4. Notwithstanding the preceding provisions of this Article, the term "permanent
      establishment" shall be deemed not to include:</p>
                    <p>a) the maintenance of a stock of goods or merchandise belonging to the enterprise
      solely for the purpose of processing by another enterprise;</p>
                    <p>b) 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>c) 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>d) the maintenance of a fixed place of business solely for any combination of
      activities mentioned in sub-paragraphs a) to c), 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 of a Contracting State and has, and habitually exercises, in the other 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 other 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 of a Contracting State shall not be deemed to have a permanent
      establishment in the other Contracting State merely because it carries on business in that
      other 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.
      However, when the activities of such an agent are devoted wholly or almost wholly on behalf of
      that enterprise be shall not be considered an agent of an independent status within the
      meaning of this paragraph, if it is shown that the transactions between the agent and the
      enterprise were not made under arm's length conditions.</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>
            <tblock class="noteEditorial" eId="note_1" finlex:outline="huomautus">
                <p>
                    See also
                    <a href="/akn/fi/doc/tax-treaty-consolidated/1996/85#protocol">Protocol</a>
                          to this Agreement.
                </p>
            </tblock>
            <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) s1tuated m the other Contracting State may be
      taxed in that other State.</p>
                    <p>2. a) The term "immovable property" shall, subject to the provisions of sub-paragraphs
      b) and c), have the meaning which it has under the law at the Contracting State in which the
      property in question is situated.</p>
                    <p>b) The term "immovable property" shall in any case include property accessory to
      immovable property, livestock and equipment used in agriculture and forestry, rights to which
      the provisions of general law respecting handed 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.</p>
                    <p>c) Ships 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 m 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 and to income from immovable property used for the performance of
      independent persona! services.</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:</p>
                    <p>a) that permanent establishment; or</p>
                    <p>b) sales in that other State of goods or merchandise of the same or similar kind as
      those sold through that permanent establishment; or</p>
                    <p>c) other business activities carried on in that other State of the same or similar
      kind as those effected through that permanent establishment.</p>
                    <p>The provisions of sub-paragraphs b) and c) shall not apply if the enterprise shows
      that such similar sales or activities referred to in those sub-paragraphs are not related 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. Notwithstanding the provisions of paragraph 1, profits derived by an enterprise of
      a Contracting State from the activity of granting insurance (including re-insurance) covering
      property situated in the other Contracting State or persons who are residents of that other
      State, at the time of the conclusion of the insurance contract, may be taxed in that other
      State, whether the enterprise carries on its activity in that other State through a permanent
      establishment situated therein or otherwise. However, in the case of re-insurance the tax
      charged in that other State shall not exceed 2.5 per cent of the gross amount of the
      premium.</p>
                    <p>5. 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>6. For the purposes of the preceding paragraphs, the profits to be attributed to the
      permanent establishment shall be determined by the same method year by year unless there is
      good and sufficient reason to the contrary.</p>
                    <p>7. 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>
            <tblock class="noteEditorial" eId="note_2" finlex:outline="huomautus">
                <p>
                    See also
                    <a href="/akn/fi/doc/tax-treaty-consolidated/1996/85#protocol">Protocol</a>
                          to this Agreement.
                </p>
            </tblock>
            <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 he taxable only in that State.</p>
                    <p>2. The provisions of paragraph 1 shall also apply to profits of an enterprise of a
      Contracting State engaged in the operation of ships or aircraft in international traffic from
      the participation in a pool, a joint business or an international operating agency.</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 m 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 by the first-mentioned
      State claimed to be 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>
                    <p>3. A Contracting State shall not change the profits of an enterprise in the
      circumstances referred to in paragraph 1 after the expiry of the time limits provided in its
      national laws and, in any case, after six years from the end of the year in which the profits
      which would be subject to such change would, but for the conditions referred to in paragraph
      1, have accrued to an enterprise of that State.</p>
                    <p>4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful
      default or neglect.</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. Such dividends may
      also be taxed in the Contracting State of which the company paying the dividends is a resident
      and according to the Jaws of that State, but if the recipient is the beneficial owner of the
      dividends the tax so charged shall not exceed:</p>
                    <p>a) 10 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>2. Notwithstanding the provisions of paragraph 1, as long as an individual resident in
      Finland is entitled to a tax credit in respect of dividends paid by a company resident in
      Finland, dividends paid by a company which is a resident of Finland to a resident of the
      Argentine shall he taxable only in the Argentine if the recipient is the beneficial owner of
      the dividends.</p>
                    <p>3. The competent authorities of the Contracting States shall by mutual agreement
      settle the mode of application of the provisions of paragraphs 1 and 2. The provisions of
      those paragraphs shall not affect the taxation of the company in respect of the profits out of
      which the dividends are paid.</p>
                    <p>4. The term "dividends" as used in this Article means income from 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>5. 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, or performs in that other State independent persona! services
      from a fixed base situated therein, and the holding in respect of which the dividends are paid
      is effectively connected with such permanent establishment or fixed base. 1n such case the
      provisions of Article 7 or Article 14, as the case may be, shall apply.</p>
                    <p>6. 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 or a fixed base 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>
                    <p>7. Nothing in this Agreement shall prevent the Argentine from taxing, at the rate
      provided by Argentine law, the profits or income attributable to a permanent establishment
      which a company, being a resident of Finland, has in the Argentine. However, the total amount
      of the tax so charged shall not exceed an amount corresponding to the income tax imposed on
      profits of Argentine companies increased by 10 per cent of the profits of the permanent
      establishment after deduction of such company tax.</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 recipient is the beneficial owner
      of the interest the tax so charged shall not exceed 15 per cent of the gross amount of the
      interest. The competent authorities of the Contracting States shall by mutual agreement settle
      the mode of application of this limitation.</p>
                    <p>3. Notwithstanding the provisions of paragraph 2,</p>
                    <p>a) interest arising in the Argentine shall be exempt from Argentine tax if</p>
                    <p>(i) the recipient is the State of Finland or a local authority thereof or the payer is
      the State of the Argentine, a political subdivision or a local authority thereof;</p>
                    <p>(ii) the recipient is the Bank of Finland;</p>
                    <p>(iii) the recipient is the Finnish Fund for Industrial Co-operation Ltd (FINNFUND) or
      the Finnish Export Credit Ltd, or any other similar institution, as may be agreed from time to
      time between the competent authorities of the Contracting States;</p>
                    <p>b) interest arising in Finland shall be exempt from Finnish tax if</p>
                    <p>(i) the recipient is the State of the Argentine, a political subdivision or a local
      authority thereof, or the payer is the State of Finland or a local authority
      thereof;</p>
                    <p>(ii) the recipient is the "Banco Central de la República Argentina", the "Banco de la
      Nación Argentina" and the "Banco de la Provincia de Buenos Aires" or any other similar
      institution, as may be agreed from time to time between the competent authorities of the
      Contracting States;</p>
                    <p>c) interest arising in a Contracting State on a Joan guaranteed by any of the bodies
      mentioned or referred to in sub-paragraph a) or sub-paragraph b) and paid to a resident of the
      other Contracting State shall be exempt from tax in the first-mentioned State;</p>
                    <p>d) interest arising in a Contracting State shall be exempt from tax in that State if
      it is beneficially owned by a resident of the other Contracting State and is paid with respect
      to indebtedness arising as a consequence of the sale on credit by a resident of that other
      State of any machinery or industrial, commercial or scientific equipment except where the sale
      or indebtedness was between associated enterprises.</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, as well as other income which is subjected to the same taxation treatment as
      income from money lent by the laws of the State in which the income arises. 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, 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.</p>
                    <p>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 home
      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.</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 recipient is the beneficial owner of
      the royalties the tax so charged shall not exceed:</p>
                    <p>a) 5 per cent of the gross amount of payments received for the use of, or the right to
      use, any copyright of literary, artistic or scientific work (other than computer software, or
      cinematograph films and work on film, videotape or other means of reproduction or diffusion in
      connection with television or radio broadcasting) if the beneficial owner of the royalties is
      the author or his mortis causa successor;</p>
                    <p>b) 3 per cent of the gross amount of payments received for the use of, or the right to
      use, any item of news where the beneficial owner of the royalties is a news agency;</p>
                    <p>c) 10 per cent of the gross amount of payments received for the use of, or the right
      to use, computer software, any patent, trade mark, design or model, pian, secret formula or
      process, or for the use of, or the right to use, industrial, commercial or scientific
      equipment, or for information concerning industrial, commercial or scientific experience or
      other intangible property, or from the rendering of technical services or of technical,
      scientific, administrative or similar assistance;</p>
                    <p>d) 15 per cent of the gross amount of payments received for the use of, or the right
      to use, any copyright of literary, artistic or scientific work (including cinematograph films,
      and work on film, videotape or other means of reproduction or diffusion in connection with
      television or radio broadcasting) where the beneficial owner of the royalties is a person
      other than the author or bis mortis causa successor.</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 computer software, cinematograph films, and work on film, videotape
      or other means of reproduction or diffusion in connection with television or radio
      broadcasting, any news, patent, trade mark, design or model, plan, secret formula or process,
      or for the use of, or the right to use, industrial commercial or scientific equipment, or for
      information concerning industrial, commercial or scientific experience or other intangible
      property, or from the rendering of technical services or of technical, scientific,
      administrative or similar assistance. The term " royalties" also includes gains derived from
      the alienation of such right or property to the extent that such gains are contingent on the
      productivity, use or disposition thereof.</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, or performs in that other State independent personal services from a fixed base
      situated therein, and the right or property in respect of which the royalties are 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.</p>
                    <p>5. Royalties 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 royalties, whether he is a resident of a Contracting State or
      not, bas in a Contracting State a permanent establishment or a fixed base in connection with
      which the liability to pay the royalties was incurred, and such royalties are home by such
      permanent establishment or fixed base then such royalties shall be deemed to arise in the
      State in which the permanent establishment or fixed base 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 bad to the other provisions of this Agreement.</p>
                </content>
            </article>
            <tblock class="noteEditorial" eId="note_3" finlex:outline="huomautus">
                <p>
                    See also
                    <a href="/akn/fi/doc/tax-treaty-consolidated/1996/85#protocol">Protocol</a>
                          to this Agreement.
                </p>
            </tblock>
            <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 paragraph 2 of Article 6 and situated in the other Contracting State
      may be taxed in that other State.</p>
                    <p>2. Gains derived by a resident of a Contracting State from the alienation of shares or
      other corporate rights referred to in paragraph 4 of Article 6 may be taxed in the Contracting
      State in which the immovable property held by the company is situated.</p>
                    <p>3. Gains derived by a resident 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 any
      property situated in the other Contracting State and other than that referred to in the
      preceding paragraphs of this Article may be taxed in the last-mentioned State.</p>
                </content>
            </article>
            <p>
                <embeddedStructure class="mli-replacement">
                    <p>
                        <authorialNote>
                            <p>
                                The following paragraph 4 of Article 9 of the MLI applies and supersedes the provisions of this Agreement:
                                <authorialNote marker="2" placement="bottom">
                                    <p>In accordance with paragraph 9 of Article 28 and paragraph 6 of Article 29 of the MLI, paragraph 4 of Article 9 of the MLI has effect with respect to the application of this Agreement by the Republic of Finland:</p>
                                    <p>a) with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                    <p>b) with respect to all other taxes levied by the Republic of Finland, for taxes levied with respect to taxable periods beginning on or after 1 January 2027;</p>
                                    <p>and,</p>
                                    <p>In accordance with paragraph 9 of Article 28 and paragraph 6 of Article 29 of the MLI, paragraph 4 of Article 9 of the MLI has effect with respect to the application of the Agreement by the Argentine Republic:</p>
                                    <p>a) with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                    <p>b) with respect to all other taxes levied by the Argentine Republic, for taxes levied with respect to taxable periods beginning on or after 1 January 2027.</p>
                                </authorialNote>
                            </p>
                        </authorialNote>
                    </p>
                    <article>
                        <num>ARTICLE 9 OF THE MLI – CAPITAL GAINS FROM ALIENATION OF SHARES OR INTERESTS OF ENTITIES DERIVING THEIR VALUE PRINCIPALLY FROM IMMOVABLE PROPERTY</num>
                        <content>
                            <p>
                                For purposes of [
                                <i>the Agreement</i>
                                ], gains derived by a resident of a 
            [
                                <i>Contracting State</i>
                                ] from the alienation of shares or comparable interests, such as interests in a partnership or trust, may be taxed in the other [
                                <i>Contracting State</i>
                                ] if, at any time during the 365 days preceding the alienation, these shares or comparable interests derived more than 50 per cent of their value directly or indirectly from immovable property (real property) situated in that other [
                                <i>Contracting State</i>
                                ].
                            </p>
                        </content>
                    </article>
                </embeddedStructure>
            </p>
            <article eId="art_14">
                <num>Article 14</num>
                <heading>Independent personal services</heading>
                <content>
                    <p>1. Income derived by an individual who is a resident of a Contracting State in respect
      of professional services or other activities of an independent character performed in the
      other Contracting State may be taxed in that other State, hut the tax so charged shall not
      exceed I 0 per cent of the gross amount of that income unless he has a fixed base regularly
      available to him in the other Contracting State for the purpose of performing his activities.
      If he has or had such a fixed base, the income may be taxed in the other State in accordance
      with the law of that State, but only so much of it as is attributable to that fixed
      base.</p>
                    <p>2. The term "professional services" includes especially independent scientific,
      literary, artistic, educational or teaching activities as well as the independent activities
      of physicians, lawyers, engineers, architects, dentists and accountants.</p>
                </content>
            </article>
            <article eId="art_15">
                <num>Article 15</num>
                <heading>Dependent personal services</heading>
                <content>
                    <p>1. Subject to the provisions of Articles 16, 18, 19 and 20, 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 within 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 or a fixed base which
      the employer has in the other State.</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 a resident of a Contracting State, may be taxed in that State.</p>
                </content>
            </article>
            <article eId="art_16">
                <num>Article 16</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_17">
                <num>Article 17</num>
                <heading>Artistes and sportsmen</heading>
                <content>
                    <p>1. Notwithstanding the provisions of Articles 14 and 15, 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 sportsman, from his persona! activities as such
      exercised m 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
      sportsman in his capacity as such accrues not to the entertainer or sportsman himself hut to
      another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be
      taxed in the Contracting State in which the activities of the entertainer or sportsman are
      exercised.</p>
                    <p>3. The provisions of paragraphs 1 and 2 shall not apply if the visit of the
      entertainer or sportsman, being a resident of a Contracting State to the other Contracting
      State is supported wholly or mainly from public funds of the first-mentioned State, a
      political subdivision or a statutory body or a local authority thereof.</p>
                </content>
            </article>
            <article eId="art_18">
                <num>Article 18</num>
                <heading>Pensions and annuities</heading>
                <content>
                    <p>1. Subject to the provisions of paragraph 2 of Article 19:</p>
                    <p>a) pensions arising in a Contracting State and paid to a resident of the other
      Contracting State;</p>
                    <p>b) any payments, whether periodic or nonperiodic, made under the social security
      legislation of a Contracting State or under any public scheme organised by a Contracting State
      for social welfare purposes;</p>
                    <p>c) any annuity arising in a Contracting State and paid to a resident of the other
      Contracting State</p>
                    <p>may be taxed in both Contracting States.</p>
                    <p>However, any payment referred to in subparagraph b) shall not be taxed in the
      Contracting State of which the recipient is a resident, if that payment due to its nature is
      exempt from tax in the other Contracting State from which it originates.</p>
                    <p>2. The term "annuity" as used in this Article means a stated sum payable periodically
      at stated times during 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_19">
                <num>Article 19</num>
                <heading>Government service</heading>
                <content>
                    <p>1. a) Salaries, wages and similar remuneration, other than a pension, paid by a
      Contracting State, or a political subdivision, a statutory body or a local authority thereof,
      to an individual in respect of services rendered to that State, or subdivision, body or
      authority, shall be taxable only in that State.</p>
                    <p>b) However, such salaries, wages and similar remuneration shall be taxable only in the
      Contracting State of which the individual is a resident if the services are rendered in that
      State and the individual:</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) Any pension paid by, or out of funds created by, a Contracting State, or a
      political subdivision, a statutory body or a local authority thereof, to an individual in
      respect of services rendered to that State, or subdivision, body or authority, shall he
      taxable only in that State.</p>
                    <p>b) However, such pension shall he taxable only in the Contracting State of which the
      individual is a resident if he is a national of that State.</p>
                    <p>3. The provisions of Articles 15, 16 and 18 shall apply to salaries, wages and similar
      remuneration, and pensions, in respect of services rendered in connection with a business
      carried on by a Contracting State, or a political subdivision, a statutory body or a local
      authority thereof.</p>
                </content>
            </article>
            <article eId="art_20">
                <num>Article 20</num>
                <heading>Students</heading>
                <content>
                    <p>1. Payments which a student, or an apprentice or business, technical, agricultural or
      forestry trainee, 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>
                    <p>2. A student at a university or other institution for higher education in a
      Contracting State, or an apprentice or business, technical, agricultural or forestry trainee,
      who is or was immediately before visiting the other Contracting State a resident of the
      first-mentioned State and who is present in the other Contracting State for a continuous
      period not exceeding 183 days, shall not be taxed in that other State in respect of
      remuneration for services rendered in that State, provided that the services are in connection
      with his studies or training and the remuneration constitutes earnings necessary for his
      maintenance.</p>
                </content>
            </article>
            <article eId="art_21">
                <num>Article 21</num>
                <heading>Other income</heading>
                <content>
                    <p>1. Items of income of a resident of a Contracting State not dealt with in the
      foregoing Articles of this Agreement shall be taxable only in that State. However, such items
      of income, arising in the other Contracting State, may also be taxed in that other
      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, or performs in that other State
      independent persona! services from a fixed base situated therein, and the right or property in
      respect of which the income 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.</p>
                </content>
            </article>
            <article eId="art_22">
                <num>Article 22</num>
                <heading>Capital</heading>
                <content>
                    <p>1. Capital represented by immovable property referred to in paragraph 2 of Article 6,
      owned by a resident of a Contracting State and situated in the other Contracting State, may be
      taxed in that other State.</p>
                    <p>2. Capital represented by shares or other corporate rights referred to in paragraph 4
      of Article 6 and owned by a resident of a Contracting State may be taxed in the Contracting
      State in which the immovable property held by the company is situated.</p>
                    <p>3. Capital represented by ships and aircraft operated in international traffic by a
      resident of a Contracting State, and by movable property pertaining to the operation of such
      ships and aircraft, shall be taxable only in that State.</p>
                    <p>4. Ali other elements of capital of a resident of a Contracting State situated in the
      other Contracting State may be taxed in the last-mentioned State.</p>
                </content>
            </article>
            <article eId="art_23">
                <num>Article 23</num>
                <heading>Elimination of double taxation</heading>
                <content>
                    <p>1. In Finland double taxation shall be eliminated as follows:</p>
                    <p>a) Where a resident of Finland derives income or owns capital which, in accordance
      with the provisions of this Agreement, may he taxed in the Argentine, Finland shall, subject
      to the provisions of sub-paragraph b), allow:</p>
                    <p>(i) as a deduction from the tax on the income of that person, an amount equal to the
      tax on income paid in the Argentine;</p>
                    <p>(ii) as a deduction from the tax on the capital of that person, an amount equal to the
      tax on capital paid in the Argentine.</p>
                    <p>Such deduction in either case shall not, however, exceed that part of the tax on the
      income or on the capital, as computed before the deduction is given, which is attributable, as
      the case may be, to the income or the capital which may be taxed in the Argentine.</p>
                    <p>b) Dividends paid by a company which is a resident of the Argentine to a company which
      is a resident of Finland and 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) Notwithstanding any other provision of this Agreement, an individual who is a
      resident of the Argentine and under Finnish taxation law with respect to the Finnish taxes
      referred to in Article 2 also is regarded as resident in Finland may be taxed in Finland.
      However, Finland shall, in accordance with the provisions of sub-paragraph a), allow any
      Argentine tax paid on income or on capital of that individual which may be taxed in the
      Argentine as a deduction from the Finnish tax of that individual on the income or on the
      capital, as the case may be. The provisions of this sub-paragraph shall apply only to
      nationals of Finland.</p>
                    <p>d) Where in accordance with any provision of the Agreement income derived or capital
      owned by a resident of Finland is exempt from tax in Finland, Finland may nevertheless, in
      calculating the amount of tax on the remaining income or capital of such person, take into
      account the exempted income or capital.</p>
                    <p>e) For the purposes of sub-paragraph a), the term "tax on income paid in the
      Argentine" shall be deemed to include any amount which would have been payable as Argentine
      tax, in accordance with the provisions of the Agreement, for any year but for a deduction
      allowed in ascertaining the taxable income or an exemption from, or reduction of, tax granted
      for that year or any part thereof under:</p>
                    <p>(i) the laws 19.640 and 22.095 including the laws 20.560, 21.608 and 22.021 (and the
      laws that have extended the benefits provided by the Law 22.021 to other provinces than those
      originally covered by the last-mentioned Law), as modified by the Law 23.658 (as amended from
      time to time without affecting the general principle thereof); or</p>
                    <p>(ii) any other provision which may be enacted after the date of signature of the
      Agreement allowing a deduction in ascertaining the taxable income or granting an exemption
      from, or reduction of, tax which is agreed by the competent authorities of the Contracting
      States to be for the purpose of promoting economic development in the Argentine for a Iimited
      period of time (as amended from time to time without affecting the general principle
      thereof).</p>
                    <p>f) The provisions of sub-paragraph e) shall apply for the first ten years for which
      the Agreement is effective. However, the competent authorities of the Contracting States may
      consult each other in order to determine whether such period shall be extended.</p>
                    <p>g) For the purpose of sub-paragraph a), tax payable in the Argentine in respect of
      royalties referred to in sub-paragraph c) of paragraph 2 of Article 12 shall he deemed as
      having been paid at the rate of 15 per cent.</p>
                    <p>2. In the Argentine, double taxation shall he eliminated in accordance with the
      provisions and subject to the limitations of its domestic law. The Argentine shall allow to a
      resident of the Argentine as a credit against the Argentine tax on income the appropriate
      amount of tax paid to Finland. Such appropriate amount shall he based upon the amount of tax
      paid to Finland, hut the credit shall not exceed the limitations (for the purpose of limiting
      the credit to the Argentine tax on income from sources outside of the Argentine) provided by
      Argentine law for the tax year.</p>
                </content>
            </article>
            <article eId="art_24">
                <num>Article 24</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 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. Similarly, any
      debts of an enterprise of a Contracting State to a resident of the other Contracting State
      shall, for the purpose of determining the taxable capital of such enterprise, be deductible
      under the same conditions as if they had been contracted 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>
            <tblock class="noteEditorial" eId="note_4" finlex:outline="huomautus">
                <p>
                    See also
                    <a href="/akn/fi/doc/tax-treaty-consolidated/1996/85#protocol">Protocol</a>
                          to this Agreement.
                </p>
            </tblock>
            <article eId="art_25">
                <num>Article 25</num>
                <heading>Mutual agreement procedure</heading>
                <content>
                    <p>
                        <embeddedStructure class="mli-replaced">
                            <p>
                                <authorialNote>
                                    <p>1. [The first sentence of paragraph 1 of Article 25 of this Agreement is REPLACED by the first sentence of paragraph 1 of Article 16 of the MLI]</p>
                                </authorialNote>
                            </p>
                            <p>[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 24, 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>
                        </embeddedStructure>
                    </p>
                    <p>
                        <embeddedStructure class="mli-replacement">
                            <p>
                                <authorialNote>
                                    <p>
                                        The following first sentence of paragraph 1 of Article 16 of the MLI replaces the first sentence of paragraph 1 of Article 25 of this Agreement:
                                        <authorialNote marker="3" placement="bottom">
                                            <p>In accordance with paragraphs 1 and 3 of Article 35 of the MLI, the first sentence of paragraph 1 of Article 16 of the MLI has effect with respect to the application of this Agreement by the Republic of Finland:</p>
                                            <p>a) with respect to taxes withheld at source on amounts paid or credited to nonresidents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                            <p>b) with respect to all other taxes levied by the Republic of Finland, for taxes levied with respect to taxable periods beginning on or after 1 January 2027;</p>
                                            <p>and,</p>
                                            <p>In accordance with paragraph 1 of Article 35 of the MLI, the first sentence of paragraph 1 of Article 16 of the MLI has effect with respect to the application of the Agreement by the Argentine Republic:</p>
                                            <p>a) with respect to taxes withheld at source on amounts paid or credited to nonresidents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                            <p>b) with respect to all other taxes levied by the Argentine Republic, for taxes levied with respect to taxable periods beginning on or after 1 January 2027.</p>
                                        </authorialNote>
                                    </p>
                                </authorialNote>
                            </p>
                            <article>
                                <num>ARTICLE 16 OF THE MLI – MUTUAL AGREEMENT PROCEDURE</num>
                                <content>
                                    <p>
                                        Where a person considers that the actions of one or both of the [
                                        <i>Contracting States</i>
                                        ] result or will result for that person in taxation not in accordance with the provisions of [
                                        <i>this Agreement</i>
                                        ], that person may, irrespective of the remedies provided by the domestic law of those [
                                        <i>Contracting States</i>
                                        ], present the case to the competent authority of either [
                                        <i>Contracting State</i>
                                        ].
                                    </p>
                                </content>
                            </article>
                        </embeddedStructure>
                    </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. In the event
      the competent authorities reach an agreement, taxes shall be imposed, and refund or credit of
      taxes shall be allowed by the Contracting States in accordance with such 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 for the purpose of reaching an agreement in the sense of the preceding paragraphs.
      When it seems advisable in order to reach agreement to have an oral exchange of opinions, such
      exchange may take place through a Commission consisting of representatives of the competent
      authorities of the Contracting States.</p>
                </content>
            </article>
            <article eId="art_26">
                <num>Article 26</num>
                <heading>Exchange of information</heading>
                <content>
                    <p>1. The competent authorities of the Contracting States shall exchange such information
      as is necessary for carrying out the provisions of this Agreement or of the domestic laws of
      the Contracting States concerning taxes covered by the Agreement insofar as the taxation
      thereunder is not contrary to the Agreement. The exchange of information is not restricted by
      Article 1. Any information received 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) involved
      in the assessment or collection of, the enforcement or prosecution in respect of, or the
      detem1ination of appeals in relation to, the taxes covered by the Agreement. 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.</p>
                    <p>2. In no case shall the provisions of paragraph l 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>
                </content>
            </article>
            <article eId="art_27">
                <num>Article 27</num>
                <heading>Members of diplomatic missions and consular posts</heading>
                <content>
                    <p>Nothing fa 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>
            <p>
                <embeddedStructure class="mli-replacement">
                    <p>
                        <authorialNote>
                            <p>
                                The following paragraph 1 of Article 7 of the MLI applies and supersedes the provisions of this Agreement:
                                <authorialNote marker="4" placement="bottom">
                                    <p>In accordance with paragraphs 1 and 3 of Article 35 of the MLI, paragraph 1 of Article 7 of the MLI has effect with respect to the application of this Agreement by the Republic of Finland:</p>
                                    <p>a) with respect to taxes withheld at source on amounts paid or credited to nonresidents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                    <p>b) with respect to all other taxes levied by the Republic of Finland, for taxes levied with respect to taxable periods beginning on or after 1 January 2027;</p>
                                    <p>and,</p>
                                    <p>In accordance with paragraph 1 of Article 35 of the MLI, paragraph 1 of Article 7 of the MLI has effect with respect to the application of the Agreement by the Argentine Republic:</p>
                                    <p>a) with respect to taxes withheld at source on amounts paid or credited to nonresidents, where the event giving rise to such taxes occurs on or after 1 January 2026; and</p>
                                    <p>b) with respect to all other taxes levied by the Argentine Republic for taxes levied with respect to taxable periods beginning on or after 1 January 2027.</p>
                                </authorialNote>
                            </p>
                        </authorialNote>
                    </p>
                    <article>
                        <num>ARTICLE 7 OF THE MLI –PREVENTION OF TREATY ABUSE (Principal purposes test provision)</num>
                        <content>
                            <p>
                                Notwithstanding any provisions of [
                                <i>the Agreement</i>
                                ], a benefit under [
                                <i>the Agreement</i>
                                ] shall not be granted in respect of an item of income or capital 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 [
                                <i>the Agreement</i>
                                ].
                            </p>
                        </content>
                    </article>
                </embeddedStructure>
            </p>
            <article eId="art_28">
                <num>Article 28</num>
                <heading>Entry into force</heading>
                <content>
                    <p>1. The Governments of the Contracting States shall notify each other 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, and taxes on capital, 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. The Agreement between the Government of the Republic of Finland and the Government
      of the Argentine Republic for the avoidance of double taxation on income derived from shipping
      and air transport, concluded by exchange of notes dated 9 December 1948, shall not have effect
      for any period for which the present Agreement has effect.</p>
                </content>
            </article>
            <article eId="art_29">
                <num>Article 29</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 six 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, and taxes on capital, 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 Buenos Aires this 13th day of December 1994, in the Finnish,
      Spanish and English languages, all three texts being equally authentic. 1n the case of
      divergence of interpretation the English text shall prevail.</p>
                </content>
            </article>
            <hcontainer name="attachments">
                <hcontainer eId="protocol" name="attachment">
                    <heading>Protocol</heading>
                    <content>
                        <p>At the signing today of the Agreement between the Republic of Finland and the
      Argentine Republic for the avoidance of double taxation with respect to taxes on income and on
      capital (hereinafter referred to as "the Agreement"), the undersigned have agreed upon the
      following provisions which shall form an integral part of the Agreement:</p>
                        <tblock>
                            <num>1. With reference to Article 5, paragraph 4</num>
                            <p>In determining, under paragraph 4 of Article 5, whether a combination of any of the
        activities mentioned in sub-paragraphs a) to c) of that paragraph shall he deemed to mean
        that a permanent establishment exists, consideration, inter alia, shall he taken of the fact
        that the combined activity in the light of the particular circumstances is merely
        preparatory or auxiliary.</p>
                        </tblock>
                        <tblock>
                            <num>2. With reference to Article 5, paragraph 4, sub-paragraph b)</num>
                            <p>Notwithstanding the provisions of sub-paragraph b) of paragraph 4 of article 5, the
        term "permanent establishment" shall include the maintenance of a fixed place of business
        solely for the purpose of purchasing goods or merchandise, when the goods or merchandise are
        exported by the enterprise which maintains that fixed place of business.</p>
                        </tblock>
                        <tblock>
                            <num>3. With reference to Article 7, paragraph 3</num>
                            <p>It is understood that nothing contained therein shall require a Contracting State to
        allow the total deduction of certain expenses when they are limited in some way in the
        determination of profits under its domestic tax laws or to allow the deduction of any
        expenditure which, by reason of its nature, is not generally allowed as a deduction under
        the taxation laws of that State.</p>
                        </tblock>
                        <tblock>
                            <num>4. With reference to Article 7, paragraph 5, and Article 24</num>
                            <p>The provisions of paragraph 5 of Article 7 shall not apply, where the goods or
        merchandise referred to in that paragraph are exported by the permanent establishment which
        made the purchase.</p>
                        </tblock>
                        <tblock>
                            <num>5. With reference to Article 12</num>
                            <p>The limitations on the taxation at source provided for under paragraph 2 are, in the
        case of the Argentine, subject to the registration, verification and authorisation
        requirements provided for in its domestic law.</p>
                        </tblock>
                        <tblock>
                            <num>6. With reference to Article 24</num>
                            <p>It is understood that the provisions of the Agreement shall not he interpreted so as
        to prevent the application by a Contracting State of the thin capitalisation provisions
        provided for in its domestic law.</p>
                            <p>In witness whereof the undersigned, duly authorised thereto, have signed this
        Protocol.</p>
                            <p>Done in duplicate at Buenos Aires this 13th day of December 1994, in the Finnish,
        Spanish and English languages, all three texts being equally authentic. In the case of
        divergence of interpretation the English text shall prevail.</p>
                        </tblock>
                    </content>
                </hcontainer>
            </hcontainer>
        </mainBody>
    </doc>
</akomaNtoso>
