Loi du 30 novembre 2022 portant approbation de l’« Agreement between the Grand Duchy of Luxembourg and the Republic of Rwanda for the elimination of double taxation with respect to taxes on income and on capital and the prevention of tax evasion and avoidance », fait à Luxembourg, le 29 septembre 2021.

N° 613 du 8 décembre 2022

Loi du 30 novembre 2022 portant approbation de l’« Agreement between the Grand Duchy of

Luxembourg and the Republic of Rwanda for the elimination of double taxation with respect to taxes

on income and on capital and the prevention of tax evasion and avoidance », fait à Luxembourg, le

29 septembre 2021.

Nous Henri, Grand-Duc de Luxembourg, Duc de Nassau,

Notre Conseil d’État entendu ;

De l’assentiment de la Chambre des députés ;

Vu la décision de la Chambre des députés du 24 novembre 2022 et celle du Conseil d’État du 29 novembre

2022 portant qu’il n’y a pas lieu à second vote ;

Avons ordonné et ordonnons

Est approuvée l’« Agreement between the Grand Duchy of Luxembourg and the Republic of Rwanda for

the elimination of double taxation with respect to taxes on income and on capital and the prevention of tax

evasion and avoidance », fait à Luxembourg, le 29 septembre 2021.

Mandons et ordonnons que la présente loi soit insérée au Journal officiel du Grand-Duché de Luxembourg

pour être exécutée et observée par tous ceux que la chose concerne.

Le Ministre des Affaires étrangères

et européennes,

Jean Asselborn

La Ministre des Finances,

Yuriko Backes

Palais de Luxembourg, le 30 novembre 2022.

Henri

Doc. parl. 8021 ; sess. ord. 2021-2022 et 2022-2023.

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A G R E E M E N T

between the Grand Duchy of Luxembourg and the Republic of Rwanda for the elimination of double taxation

with respect to taxes on income and on capital and the prevention of tax evasion and avoidance

The Government of the Grand Duchy of Luxembourg and the Government of the Republic of Rwanda

Desiring to further develop their economic relationship and to enhance their co-operation in tax matters,

Intending to conclude an Agreement for the elimination of double taxation with respect to taxes on income and

on capital without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance

(including through treaty-shopping arrangements aimed at obtaining reliefs provided in this Agreement for

the indirect benefit of residents of third States)

Have agreed as follows

Article 1

PERSONS COVERED

1. This Agreement shall apply to persons who are residents of one or both of the Contracting States.

2. For the purposes of this Agreement, income derived by or through an entity or arrangement that is treated

as wholly or partly fiscally transparent under the tax law of either Contracting State shall be considered to

be income of a resident of a Contracting State but only to the extent that the income is treated, for purposes

of taxation by that State, as the income of a resident of that State. In no case shall the provisions of this

paragraph be construed to affect a Contracting State’s right to tax its own residents.

Article 2

TAXES COVERED

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.

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, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes

on capital appreciation.

3. The existing taxes to which the Agreement shall apply are in particular

a) in the Grand Duchy of Luxembourg

(i)

the income tax on individuals (l'impôt sur le revenu des personnes physiques);

(ii)

the corporation tax (l'impôt sur le revenu des collectivités);

(iii)

the capital tax (l'impôt sur la fortune); and

(iv)

the communal trade tax (l'impôt commercial communal);

(hereinafter referred to as "Luxembourg tax");

b) in the Republic of Rwanda

(i)

personal income tax;

(ii)

corporate income tax;

(iii)

tax on rent of immovable property; and

(iv)

the withholding taxes;

(hereinafter referred to as "Rwandan tax").

4. The Agreement shall apply also to any identical or substantially similar taxes that are imposed after the

date of signature of the Agreement in addition to, or in place of, the existing taxes. The competent authorities

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of the Contracting States shall notify each other of any significant changes that have been made in their

taxation laws.

Article 3

GENERAL DEFINITIONS

1. For the purposes of this Agreement, unless the context otherwise requires

a) the term "Luxembourg" means the Grand Duchy of Luxembourg and, when used in a geographical sense,

means the territory of the Grand Duchy of Luxembourg;

b) the term "Rwanda" means the Republic of Rwanda and when used in geographical sense, includes all the

territory, lakes and any other area in the lakes and the air within which Rwanda may exercise sovereign

rights or jurisdiction in accordance with international law;

c) the terms "a Contracting State" and "the other Contracting State" mean Luxembourg or Rwanda as the

context requires;

d) the term "person" includes an individual, a company and any other body of persons;

e) the term "company" means any body corporate or any entity that is treated as a body corporate for tax

purposes;

f) the term "enterprise" applies to the carrying on of any business;

g) the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean

respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by

a resident of the other Contracting State;

h) the term "international traffic" means any transport by a ship or aircraft operated by an enterprise that has

its place of effective management in a Contracting State, except when the ship or aircraft is operated solely

between places in the other Contracting State;

i) the term "competent authority" means

(i)

in Luxembourg, the Minister of Finance or his authorised representative;

(ii)

in Rwanda, the Minister of Finance or his authorised representative;

j) the term "national", in relation to a Contracting State, means

(i)

any individual possessing the nationality or citizenship of that Contracting State; and

(ii)

any legal person, partnership or association deriving its status as such from the laws in force in that

Contracting State;

k) the term "business" includes the performance of professional services and of other activities of an

independent character.

2. As regards the application of the Agreement at any time by a Contracting State, any term not defined

therein shall, unless the context otherwise requires or the competent authorities agree to a different meaning

pursuant to the provisions of Article 25, have the meaning that it has at that time under the law of that State

for the purposes of the taxes to which the Agreement applies, any meaning under the applicable tax laws of

that State prevailing over a meaning given to the term under other laws of that State.

Article 4

RESIDENT

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

or any other criterion of a similar nature, and also includes that State and any local authority thereof. This

term, however, does not include any person who is liable to tax in that State in respect only of income from

sources in that State or capital situated therein.

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

a) he shall be deemed to be a resident only of the State in which he has a permanent home available to him;

if he has a permanent home available to him to in both States, he shall be deemed to be a resident only

of the State with which his personal and economic relations are closer (centre of vital interests);

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b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent

home available to him in either State, he shall be deemed to be a resident only of the State in which he

has an habitual abode;

c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only

of the State of which he is a national;

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.

3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both

Contracting States, then it shall be deemed to be a resident only of the State in which its place of effective

management is situated.

4. A collective investment vehicle which is established in a Contracting State and that is treated as a body

corporate for tax purposes in this Contracting State shall be considered as a resident of the Contracting State

in which it is established and as the beneficial owner of the income it receives.

Article 5

PERMANENT ESTABLISHMENT

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.

2. The term "permanent establishment" includes especially

a) a place of management;

b) a branch;

c) an office;

d) a factory;

e) a workshop;

f) a mine, an oil or gas well, a quarry or any other place of extraction, exploitation or exploration of natural

resources, and

g) a warehouse in relation to a person providing storage facilities for others.

3. The term "permanent establishment" shall be deemed to include

a) a building site, a construction, assembly, installation or dredging project or any supervisory activity in

connection with such site or project, but only where such site, project or activity continues for a period of

more than 6 months;

b) the furnishing of services, including consultancy services, by an enterprise through employees or other

personnel engaged by an enterprise for such purpose, but only where activities of that nature continue

(for the same or a connected project) within the Contracting State for a period or periods exceeding in the

aggregate 183 days in any twelve-month period commencing or ending in the fiscal year concerned;

c) substantial equipment or machinery that is operated, or is available for operation, in a Contracting State

for a period or periods aggregating more than 90 days in any twelve-month period commencing or ending

in the fiscal year concerned.

4. Notwithstanding the preceding provisions of this Article, the term "permanent establishment" shall be

deemed not to include

a) the use of facilities solely for the purpose of storage or display of goods or merchandise belonging to the

enterprise;

b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose

of storage or display;

c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose

of processing by another enterprise;

d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise

or of collecting information, for the enterprise;

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e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise,

any activity not listed in sub-paragraphs a) to d), provided that this activity has a preparatory or auxiliary

character; or

f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-

paragraphs a) to e), provided that the overall activity of the fixed place of business resulting from this

combination is of a preparatory or auxiliary character.

5. Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of an

independent status to whom paragraph 7 applies - is acting on behalf of an enterprise and has, and habitually

exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise that

enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which

that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned

in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of

business a permanent establishment under the provisions of that paragraph.

6. Notwithstanding the preceding provisions of this Article, an insurance enterprise of a Contracting State

shall, except in regard to re-insurance, be deemed to have a permanent establishment in the other

Contracting State if it collects premiums in the territory of that other State or insures risks situated therein

through a person other than an agent of an independent status to whom paragraph 7 applies.

7. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely

because it carries on business in that State through a broker, general commission agent or any other agent

of an independent status, provided that such persons are acting in the ordinary course of their business.

8. 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.

Article 6

INCOME FROM IMMOVABLE PROPERTY

1. Income derived by a resident of a Contracting State from immovable property (including income from

agriculture or forestry) situated in the other Contracting State may be taxed in that other State.

2. The term "immovable property" shall have the meaning which it has under the law of the Contracting

State in which the property in question is situated. The term shall in any case include property accessory to

immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions

of general law respecting landed property apply, usufruct of immovable property and rights to variable or

fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other

natural resources; ships and aircraft shall not be regarded as immovable property.

3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other

form of immovable property.

4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an

enterprise.

Article 7

BUSINESS PROFITS

1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise

carries on business in the other Contracting State through a permanent establishment situated therein. If the

enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but

only so much of them as is attributable to that permanent establishment.

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.

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3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses

which are incurred for the purposes of the business of the permanent establishment, including executive

and general administrative expenses so incurred, whether in the Contracting State in which the permanent

establishment is situated or elsewhere. However, no such deduction shall be allowed in respect of amounts,

if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent establishment to

the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments

in return for the use of patents or other rights, or by way of commission, for specific services performed

or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to

the permanent establishment. Likewise, no account shall be taken, in the determination of the profits of a

permanent establishment, for amounts charged (otherwise than towards reimbursement of actual expenses),

by the permanent establishment to the head office of the enterprise or any of its other offices, by way

of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of

commission for specific services performed or for management, or, except in the case of a banking enterprise

by way of interest on moneys lent to the head office of the enterprise or any of its other offices.

4. In so far as it has been customary in a Contracting State to determine the profits to be attributed to a

permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various

parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed

by such an apportionment as may be customary. The method of apportionment adopted shall, however, be

such that the result shall be in accordance with the principles contained in this Article.

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.

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.

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.

Article 8

INTERNATIONAL SHIPPING AND AIR TRANSPORT

1. Profits from the operation of ships or aircraft in international traffic shall be taxable only in the Contracting

State in which the place of effective management of the enterprise is situated.

2. For the purposes of this Article, profits from the operation of ships or aircraft in international traffic shall

include

a) profits derived from the rental on a bare boat basis of ships or aircraft used in international traffic,

b) profits derived from the use, maintenance or rental of containers (including trailers and related equipment

for the transport of containers) used for the transport of goods and merchandise,

if such profits are incidental to the profits to which the provisions of paragraph 1 apply.

3. If the place of effective management of a shipping enterprise is aboard a ship, then it shall be deemed to

be situated in the Contracting State in which the home harbour of the ship is situated, or, if there is no such

home harbour, in the Contracting State of which the operator of the ship is a resident.

4. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business

or an international operating agency.

Article 9

ASSOCIATED ENTERPRISES

1. Where

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

b) the same persons participate directly or indirectly in the management, control or capital of an enterprise

of a Contracting State and an enterprise of the other Contracting State,

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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.

2. Where a Contracting State includes in the profits of an enterprise of that State - and taxes accordingly

- profits on which an enterprise of the other Contracting State has been charged to tax in that other State

and the profits so included are profits which would have accrued to the enterprise of the first-mentioned

State if the conditions made between the two enterprises had been those which would have been made

between independent enterprises, then that other State shall make an appropriate adjustment to the amount

of the tax charged therein on those profits. 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.

3. The provisions of paragraph 2 shall not apply where judicial, administrative or other legal proceedings

have resulted in a final ruling that by actions giving rise to an adjustment of profits under paragraph 1, one

of the enterprises concerned is liable to penalty with respect to fraud, gross negligence or wilful default.

Article 10

DIVIDENDS

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.

2. However, dividends paid by a company which is a resident of a Contracting State may also be taxed in that

State according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other

Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the dividends.

This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends

are paid.

3. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance"

rights, mining shares, founders' shares or other rights, not being debt-claims, participating in profits, as well

as income from other corporate rights which is subjected to the same taxation treatment as income from

shares by the laws of the State of which the company making the distribution is a resident.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a

resident of a Contracting State, carries on business in the other Contracting State of which the company

paying the dividends is a resident, through a permanent establishment situated therein, and the holding in

respect of which the dividends are paid is effectively connected with such permanent establishment. In such

case the provisions of Article 7 shall apply.

5. Where a company which is a resident of a Contracting State derives profits or income from the other

Contracting State, that other State may not impose any tax on the dividends paid by the company, except

insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of

which the dividends are paid is effectively connected with a permanent establishment situated in that other

State, nor subject the company's undistributed profits to a tax on the company's undistributed profits, even

if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such

other State.

Article 11

INTEREST

1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed

in that other State.

2. However, interest arising in a Contracting State may also be taxed in that State according to the laws of

that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so

charged shall not exceed 10 per cent of the gross amount of the interest.

3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State shall be exempt from

tax in that State if it is derived by the Government of the other Contracting State or a local authority thereof,

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the Central Bank of a Contracting State or any institution wholly owned and controlled by that Government

or local authority.

4. The term "interest" as used in this Article means income from debt-claims of every kind, whether or not

secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular,

income from government securities and income from bonds or debentures, including premiums and prizes

attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded

as interest for the purpose of this Article.

5. The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the interest, being a

resident of a Contracting State, carries on business in the other Contracting State in which the interest arises,

through a permanent establishment situated therein, and the debt-claim in respect of which the interest is

paid is effectively connected with such permanent establishment. In such case the provisions of Article 7

shall apply.

6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where,

however, the person paying the interest, whether that person is a resident of a Contracting State or not, has

in a Contracting State a permanent establishment in connection with which the indebtedness on which the

interest is paid was incurred, and such interest is borne by such permanent establishment, then such interest

shall be deemed to arise in the State in which the permanent establishment is situated.

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.

Article 12

ROYALTIES

1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed

in that other State.

2. However, royalties arising in a Contracting State may also be taxed in that State according to the laws of

that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so

charged shall not exceed 10 per cent of the gross amount of the royalties.

3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the

use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, or

films or tapes used for radio or television broadcasting, any 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.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident

of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through

a permanent establishment situated therein, and the right or property in respect of which the royalties are

paid is effectively connected with such permanent establishment. In such case the provisions of Article 7

shall apply.

5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where,

however, the person paying the royalties, whether that person is a resident of a Contracting State or not, has

in a Contracting State a permanent establishment in connection with which the liability to pay the royalties

was incurred, and such royalties are borne by such permanent establishment, then such royalties shall be

deemed to arise in the State in which the permanent establishment is situated.

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-

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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.

Article 13

TECHNICAL FEES

1. Technical fees arising in a Contracting State and paid to a resident of the other Contracting State may be

taxed in that other State.

2. However, technical fees arising in a Contracting State may also be taxed in that State according to the

laws of that State, but if the beneficial owner of the technical fees is a resident of the other Contracting State,

the tax so charged shall not exceed 10 per cent of the gross amount of the technical fees.

3. The term “technical fees” as used in this Article means payments of any kind to any person, other than to

an employee of the person making the payments, in consideration for any service of a technical, managerial,

professional or consultancy nature, unless the payment is the reimbursement of actual expenses incurred

by that person with respect to the service.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the technical fees, being a

resident of a Contracting State, carries on business in the other Contracting State in which the technical fees

arise, through a permanent establishment situated therein and the technical fees are effectively connected

with such permanent establishment. In such case, the provisions of Article 7 shall apply.

5. Technical fees shall be deemed to arise in a Contracting State when the payer is a resident of that State.

Where, however, the person paying the technical fees, whether that person is a resident of a Contracting

State or not, has in a Contracting State a permanent establishment in connection with which the obligation to

pay the technical fees was incurred, and such technical fees are borne by the permanent establishment, then

such technical fees shall be deemed to arise in the State in which the permanent establishment is situated.

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 technical fees, having regard to the services for which they

are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in

the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount.

In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting

State, due regard being had to the other provisions of this Agreement.

Article 14

CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to

in Article 6 and situated in the other Contracting State may be taxed in that other State.

2. Gains from the alienation of movable property forming part of the business property of a permanent

establishment which an enterprise of a Contracting State has in the other Contracting State, including such

gains from the alienation of such a permanent establishment (alone or with the whole enterprise), may be

taxed in that other State.

3. Gains 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 the Contracting State in which the place of

effective management of the enterprise is situated.

4. Gains derived by a resident of a Contracting State from the alienation of shares deriving more than 50

per cent of their value directly or indirectly from immovable property situated in the other Contracting State

may be taxed in that other State.

5. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4 shall be

taxable only in the Contracting State of which the alienator is a resident.

Article 15

INCOME FROM EMPLOYMENT

1. Subject to the provisions of Articles 16, 18 and 19, 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

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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.

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

a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days

in any twelve month period commencing or ending in the calendar year concerned, and

b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and

c) the remuneration is not borne by a permanent establishment which the employer has in the other State.

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, may be taxed in the Contracting State in

which the place of effective management of the enterprise is situated.

Article 16

DIRECTORS' FEES

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 of a company which is a resident of the other Contracting State may be

taxed in that other State.

Article 17

ENTERTAINERS AND SPORTSPERSONS

1. Notwithstanding the provisions of Article 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 sportsperson,

from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in

that other State.

2. Where income in respect of personal activities exercised by an entertainer or a sportsperson acting as

such accrues not to the entertainer or sportsperson but to another person, that income may, notwithstanding

the provisions of Article 15, be taxed in the Contracting State in which the activities of the entertainer or

sportsperson are exercised.

3. Income derived by a resident of a Contracting State from activities exercised in the other Contracting

State as envisaged in paragraphs 1 and 2, shall be exempt from tax in that other State if the visit to that

other State is supported wholly or mainly by public funds of the first-mentioned Contracting State or a local

authority thereof, or takes place under a cultural agreement or arrangement between the Governments of

the Contracting States.

Article 18

PENSIONS

1. Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to

a resident of a Contracting State in consideration of past employment shall be taxable only in that State.

However, such pensions and other similar remuneration may also be taxed in the other Contracting State

if they arise in that State.

2. Notwithstanding the provisions of paragraph 1, pensions and other payments made under the social

security legislation of a Contracting State shall be taxable only in that State.

3. Notwithstanding the provisions of paragraph 1, pensions and other similar remuneration (including lump-

sum payments) arising in a Contracting State and paid to a resident of the other Contracting State shall be

taxable only in the first-mentioned State, provided that such payments derive from contributions paid to or

from provisions made under a pension scheme by the recipient or on his behalf and that these contributions,

provisions or the pensions or other similar remuneration have been subjected to tax in the first-mentioned

State under the ordinary rules of its tax laws.

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Article 19

GOVERNMENT SERVICE

1. a) Salaries, wages and other similar remuneration paid by a Contracting State or a local authority thereof to

an individual in respect of services rendered to that State or authority shall be taxable only in that State.

b) However, such salaries, wages and other similar remuneration shall be taxable only in the other

Contracting State if the services are rendered in that State and the individual is a resident of that State

who

(i)

is a national of that State; or

(ii)

did not become a resident of that State solely for the purpose of rendering the services.

2. a) Notwithstanding the provisions of paragraph 1, pensions and other similar remuneration paid by, or

out of funds created by, a Contracting State or a local authority thereof to an individual in respect of

services rendered to that State or authority shall be taxable only in that State.

b) However, such pensions and other similar remuneration shall be taxable only in the other Contracting

State if the individual is a resident of, and a national of, that State.

3. The provisions of Articles 15, 16, 17 and 18 shall apply to salaries, wages, pensions, and other similar

remuneration in respect of services rendered in connection with a business carried on by a Contracting State

or a local authority thereof.

Article 20

STUDENTS

Payments which a student or business apprentice who is or was immediately before visiting a Contracting

State a resident of the other Contracting State and who is present in the first-mentioned State solely for the

purpose of his education or training receives for the purpose of his maintenance, education or training shall

not be taxed in that State, provided that such payments arise from sources outside that State.

Article 21

OTHER INCOME

1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing

Articles of this Agreement shall be taxable only in that State.

2. The provisions of paragraph 1 shall not apply to income, other than income from immovable property as

defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State,

carries on business in the other Contracting State through a permanent establishment situated therein, and

the right or property in respect of which the income is paid is effectively connected with such permanent

establishment. In such case the provisions of Article 7 shall apply.

3. Notwithstanding the provisions of paragraphs 1 and 2, items of income of a resident of a Contracting State

not dealt with in the foregoing Articles of the Agreement and arising in the other Contracting State may also

be taxed in that other State.

Article 22

CAPITAL

1. Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting

State and situated in the other Contracting State, may be taxed in that other State.

2. Capital represented by movable property forming part of the business property of a permanent

establishment which an enterprise of a Contracting State has in the other Contracting State may be taxed

in that other State.

3. Capital represented by ships and aircraft operated in international traffic and by movable property

pertaining to the operation of such ships and aircraft, shall be taxable only in the Contracting State in which

the place of effective management of the enterprise is situated.

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4. All other elements of capital of a resident of a Contracting State shall be taxable only in that State.

Article 23

ELIMINATION OF DOUBLE TAXATION

1. Subject to the provisions of the law of Luxembourg regarding the elimination of double taxation which shall

not affect the general principle hereof, double taxation shall be eliminated as follows

a) Where a resident of Luxembourg derives income or owns capital which, in accordance with the provisions

of this Agreement, may be taxed in Rwanda, Luxembourg shall, subject to the provisions of sub-paragraphs

b) and c), exempt such income or capital from tax, but may, in order to calculate the amount of tax on the

remaining income or capital of the resident, apply the same rates of tax as if the income or capital had

not been exempted.

b) Where a resident of Luxembourg derives income which, in accordance with the provisions of Articles 10,

11, 12, 13, paragraph 4 of Article 14, Article 17 and paragraph 3 of Article 21 may be taxed in Rwanda,

Luxembourg shall allow as a deduction from the income tax on individuals or from the corporation tax of

that resident an amount equal to the tax paid in Rwanda. Such deduction shall not, however, exceed that

part of the tax, as computed before the deduction is given, which is attributable to such items of income

derived from Rwanda.

c) The provisions of sub-paragraph a) shall not apply to income derived or capital owned by a resident of

Luxembourg where Rwanda applies the provisions of this Agreement to exempt such income or capital

from tax or applies the provisions of paragraph 2 of Article 10, 11, 12 or 13 to such income.

2. In Rwanda, double taxation shall be eliminated as follows

Luxembourg tax paid by a resident of Rwanda in respect of income taxable in Luxembourg, in accordance

with the provisions of this Agreement, shall be deducted from taxes due in accordance with Rwandan Tax

Law (which shall not affect the general principle hereof). Such deduction shall not, however, exceed the tax

payable in Rwanda that would otherwise be payable on the income taxable in Luxembourg.

Article 24

NON-DISCRIMINATION

1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or

any requirement connected therewith, which is other or more burdensome than the taxation and connected

requirements to which nationals of that other State in the same circumstances, in particular with respect to

residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also

apply to persons who are not residents of one or both of the Contracting States.

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.

3. Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, paragraph 6 of Article

12 or paragraph 6 of Article 13, apply, interest, royalties, technical fees 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.

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.

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5. The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of every kind

and description.

Article 25

MUTUAL AGREEMENT PROCEDURE

1. Where a person considers that the actions of one or both of the Contracting States result or will result for

him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies

provided by the domestic law of those States, present his case to the competent authority of either Contracting

State. 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.

2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself

able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority

of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the

Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic

law of the Contracting States.

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.

4. The competent authorities of the Contracting States may communicate with each other directly, including

through a joint commission consisting of themselves or their representatives, for the purpose of reaching an

agreement in the sense of the preceding paragraphs.

5. Where,

a) under paragraph 1, a person has presented a case to the competent authority of a Contracting State on

the basis that the actions of one or both of the Contracting States have resulted for that person in taxation

not in accordance with the provisions of this Agreement, and

b) the competent authorities are unable to reach an agreement to resolve that case pursuant to paragraph 2

within three years from the date when all the information required by the competent authorities in order to

address the case has been provided to both competent authorities,

any unresolved issues arising from the case shall be submitted to arbitration if the person so requests in

writing. These unresolved issues shall not, however, be submitted to arbitration if a decision on these issues

has already been rendered by a court or administrative tribunal of either State. Unless a person directly

affected by the case does not accept the mutual agreement that implements the arbitration decision, that

decision shall be binding on both Contracting States and shall be implemented notwithstanding any time limits

in the domestic laws of these States. The competent authorities of the Contracting States shall by mutual

agreement settle the mode of application of this paragraph.

Article 26

EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange such information as is foreseeably

relevant for carrying out the provisions of this Agreement or to the administration or enforcement of the

domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States,

or of their local authorities, insofar as the taxation thereunder is not contrary to the Agreement. The exchange

of information is not restricted by Articles 1 and 2.

2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same

manner as information obtained under the domestic laws of that State and shall be disclosed only to persons

or authorities (including courts and administrative bodies) concerned with the assessment or collection of,

the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred

to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only

for such purposes. They may disclose the information in public court proceedings or in judicial decisions.

Notwithstanding the foregoing, information received by a Contracting State may be used for other purposes

when such information may be used for such other purposes under the laws of both States and the competent

authority of the supplying State authorises such use.

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3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting

State the obligation

a) to carry out administrative measures at variance with the laws and administrative practice of that or of the

other Contracting State;

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;

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).

4. If information is requested by a Contracting State in accordance with this Article, the other Contracting

State shall use its information gathering measures to obtain the requested information, even though that other

State may not need such information for its own tax purposes. The obligation contained in the preceding

sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to

permit a Contracting State to decline to supply information solely because it has no domestic interest in such

information.

5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to

supply information solely because the information is held by a bank, other financial institution, nominee or

person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.

Article 27

ASSISTANCE IN THE COLLECTION OF TAXES

1. The Contracting States shall lend assistance to each other in the collection of revenue claims. This

assistance is not restricted by Article 1. The competent authorities of the Contracting States may by mutual

agreement settle the mode of application of this Article.

2. The term “revenue claim” as used in this Article means any amount owed in respect of taxes covered by

the Agreement together with interest, administrative penalties and costs of collection or conservancy related

to such amount.

3. When a revenue claim of a Contracting State is enforceable under the laws of that State and is owed by

a person who, at that time, cannot, under the laws of that State, prevent its collection, that revenue claim

shall, at the request of the competent authority of that State, be accepted for purposes of collection by the

competent authority of the other Contracting State. That revenue claim shall be collected by that other State

in accordance with the provisions of its laws applicable to the enforcement and collection of its own taxes as

if the revenue claim were a revenue claim of that other State.

4. When a revenue claim of a Contracting State is a claim in respect of which that State may, under its law,

take measures of conservancy with a view to ensure its collection, that revenue claim shall, at the request of

the competent authority of that State, be accepted for purposes of taking measures of conservancy by the

competent authority of the other Contracting State. That other State shall take measures of conservancy in

respect of that revenue claim in accordance with the provisions of its laws as if the revenue claim were a

revenue claim of that other State even if, at the time when such measures are applied, the revenue claim is

not enforceable in the first-mentioned State or is owed by a person who has a right to prevent its collection.

5. Notwithstanding the provisions of paragraphs 3 and 4, a revenue claim accepted by a Contracting State

for purposes of paragraph 3 or 4 shall not, in that State, be subject to the time limits or accorded any priority

applicable to a revenue claim under the laws of that State by reason of its nature as such. In addition, a

revenue claim accepted by a Contracting State for the purposes of paragraph 3 or 4 shall not, in that State,

have any priority applicable to that revenue claim under the laws of the other Contracting State.

6. Proceedings with respect to the existence, validity or the amount of a revenue claim of a Contracting State

shall not be brought before the courts or administrative bodies of the other Contracting State.

7. Where, at any time after a request has been made by a Contracting State under paragraph 3 or 4 and

before the other Contracting State has collected and remitted the relevant revenue claim to the first-mentioned

State, the relevant revenue claim ceases to be

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a) in the case of a request under paragraph 3, a revenue claim of the first-mentioned State that is enforceable

under the laws of that State and is owed by a person who, at that time, cannot, under the laws of that

State, prevent its collection, or

b) in the case of a request under paragraph 4, a revenue claim of the first-mentioned State in respect of which

that State may, under its laws, take measures of conservancy with a view to ensure its collection.

the competent authority of the first-mentioned State shall promptly notify the competent authority of the other

State of that fact and, at the option of the other State, the first-mentioned State shall either suspend or

withdraw its request.

8. In no case shall the provisions of this Article be construed so as to impose on a Contracting State the

obligation

a) to carry out administrative measures at variance with the laws and administrative practice of that or of the

other Contracting State;

b) to carry out measures which would be contrary to public policy (ordre public);

c) to provide assistance if the other Contracting State has not pursued all reasonable measures of collection

or conservancy, as the case may be, available under its laws or administrative practice;

d) to provide assistance in those cases where the administrative burden for that State is clearly

disproportionate to the benefit to be derived by the other Contracting State.

Article 28

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular

posts under the general rules of international law or under the provisions of special agreements.

Article 29

ENTITLEMENT TO BENEFITS

1. Notwithstanding the other provisions of this Agreement, a benefit under this Agreement 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

this Agreement.

2. Where a benefit under this Agreement is denied to a person under paragraph 1, the competent authority

of the Contracting State that would otherwise have granted this benefit shall nevertheless treat that person

as being entitled to this benefit, or to different benefits with respect to a specific item of income or capital,

if such competent authority, upon request from that person and after consideration of the relevant facts and

circumstances, determines that such benefits would have been granted to that person in the absence of the

transaction or arrangement referred to in paragraph 1. The competent authority of the Contracting State to

which the request has been made will consult with the competent authority of the other State before rejecting

a request made under this paragraph by a resident of that other State.

Article 30

ENTRY INTO FORCE

1. The Contracting States shall notify each other in writing, through diplomatic channels, that the procedures

required by its law for the entry into force of this Agreement have been satisfied. The Agreement shall enter

into force on the date of receipt of the last notification.

2. The Agreement shall have effect

a) in respect of taxes withheld at source, to income derived on or after 1

st January of the calendar year next

following the year in which the Agreement enters into force;

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b) in respect of other taxes on income, and taxes on capital, to taxes chargeable for any taxable year

beginning on or after 1

st January of the calendar year next following the year in which the Agreement

enters into force.

Article 31

TERMINATION

1. 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 beginning after the expiration of a period of five years from the date

of its entry into force.

2. The Agreement shall cease to have effect

a) in respect of taxes withheld at source, to income derived on or after 1

st January of the calendar year next

following the year in which the notice of termination is given;

b) in respect of other taxes on income, and taxes on capital, to taxes chargeable for any taxable year

beginning on or after 1

st January of the calendar year next following the year in which the notice of

termination is given.

In witness whereof the undersigned, duly authorised thereto, have signed this Agreement.

Done in duplicate at Luxembourg on the 29

th of September 2021, in the English language.

For The Government of the Grand Duchy

of Luxembourg

For The Government of the Republic

of Rwanda

Pierre GRAMEGNA

Minister of Finance

Dieudonné R. SEBASHONGORE

Ambassador of the Republic of Rwanda to

Grand Duchy of Luxembourg