The MLI enters into force for Japan on January 1, 2019, and for South Africa on January 1, 2023.
Based on the reservations and notifications submitted by Japan on September 26, 2018 and by South Africa on September 30, 2022, the MLI applies to the tax treaty between Japan and South Africa as described below.
Based on the reservations and notifications submitted by Japan on September 26, 2018 and by South Africa on September 30, 2022, the MLI applies to the tax treaty between Japan and South Africa as described below.
1. Tax treaty covered by the MLI
- “Convention between the Government of Japan and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income”
Date of signature: March 7, 1997
Date of entry into force: November 5, 1997Date of signature: March 7, 1997
2. Provisions of the MLI applicable to the tax treaty
- Article 3(1) (Provisions regarding income derived by or through an entity or arrangement that is treated as fiscally transparent)
- Article 4(1) (Provisions that provide rules for determining whether a person other than an individual shall be treated as a resident of one of the Contracting Jurisdictions for the purposes of the tax treaty)
- Article 6(1) (Preamble language describing the intent of the Contracting Jurisdictions that the tax treaty will not create opportunities for non-taxation or reduced taxation)
- Article 6(3) (Preamble language referring to a desire of the Contracting Jurisdictions to develop their economic relationship and to enhance their co-operation in tax matters)
- Article 7(1) (Provisions that deny the benefits under the tax treaty where the principal purpose or one of the principal purposes of any arrangement or transaction was to obtain those benefits)
- Article 9(4) (Provisions for taxation on capital gains from alienation of shares or interests of entities deriving their value principally from immovable property)
- Article 13(2) (Provisions regarding an activity that is deemed not to constitute a permanent establishment even if the activity is carried on through a fixed place of business)
- Article 13(4) (Provisions for combining business activities carried on by closely related persons for the purpose of determining whether a permanent establishment exists)
- Article 15 (Provisions for the definition of a person closely related to an enterprise)
- Article 17(1) (Provisions regarding corresponding adjustments to taxation in accordance with arm’s length principle)
3. Entry into effect
The provisions of the MLI shall have effect in each Contracting Jurisdiction with respect to the tax treaty between Japan and South Africa:
(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 January 1, 2023; and
(b) with respect to all other taxes levied by that Contracting Jurisdiction, for taxes levied with respect to taxable periods beginning on or after July 1, 2023.