Convention between Austria and Ukraine for the avoidance of double taxation dated 16 October 1997 entered into force on 20 May 1999 (ratified by the Law of Ukraine # 500 dated 17 March 1999).
Article 10 (Dividends):
Paragraph 2. Dividends may be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the recipient is the beneficial owner of the dividends the tax so charged shall not exceed:
(a) 5% of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 10% of the capital of the company paying the dividends;
(b) 10 % of the gross amount of the dividends in all other cases.
Article 11 (Interest):
Paragraph 2. 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:
(a) 2 % of the gross amount of the interest paid
(i) in connection with the sale on credit of any industrial, commercial or scientific equipment,
(ii) in connection with the sale or rendering on credit of any merchandise or service by one enterprise to another enterprise, or
(iii) on any loan of whatever kind granted by a bank or any other financial institution;
(b) 5 % of the gross amount of the interest in all other cases.
Paragraph 7. Notwithstanding the provisions of paragraph 2 of this Article, interest arising in a Contracting State shall be exempt from tax in that State if it is received and really held by the Government of the other Contracting State or its political subdivision, or any agency, or with the help of this Government or subdivision.
Paragraph 8. Notwithstanding the provisions of Article 7 of this Convention and paragraph 2 of this Article, interest arising in a Contracting State paid to and held by a resident of the other Contracting State shall be exempt from tax in the first-mentioned State if it was paid in respect of loan made, guaranteed or insured, or in respect of any other debt-claim or credit guaranteed or insured on behalf of the other Contracting State by its authorised organ.
Article 12 (Royalties):
Paragraph 2. Royalties may be taxed in the Contracting State in which they arise and in accordance with the laws of that State, but if the recipient is the beneficial owner of the royalties the tax so charged shall not exceed 5 % of the gross amount of the royalties in the meaning of paragraph 4 subparagraph (a) of this Article.
Paragraph 3. Notwithstanding the provisions of paragraph 2 of this Article, royalties arising in a Contracting State and paid to a resident of the other Contracting State shall be taxed only in the other Contracting State if such resident is the beneficial owner or the royalties and if the royalties are payments in the meaning of paragraph 4 subparagraph (b) of this Article.
Paragraph 4. The term "royalties" as used in this Article means payments of any kind received as a consideration
(a) for the use of, or the right to use, any copyright of literary or artistic work including cinematography films, and films or tapes for radio or television broadcasting; and
(b) for the use of, or the right to use, any copyright of scientific work, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience.
