Convention, with Protocol and Exchange of Notes, Signed at Rome April 17, 1984; 　　Transmitted by the President of the United States of America to the Senate July 3.1984 (Treaty Doc. No.98-28, 98th Cong., 2d Sess.); 　　Reported Favorably by the Senate Committee on Foreign Relations December 11,1985 (S. Ex. Rept. No. 99-6, 99th Cong., 1st Sess.); 　　Advice and Consent to Ratification by the Senate December 16, 1985; 　　Ratified by the President December 23, 1985; 　　Ratified by Italy December 13, 1985; 　　Ratifications Exchanged at Washington December 30, 1985; 　　Proclaimed by the President September 9, 1987; 　　Entered into Force December 30, 1985; Effective February 1, 1986 for Certain Provisions: 　　January 1, 1985 for Others (Art. 28). GENERAL EFFECTIVE DATE UNDER ARTICLE 28: 1 JANUARY 1985 TABLE OF ARTICLES Article 1----------------------------------Personal Scope Article 2----------------------------------Taxes Covered Article 3----------------------------------General Definitions Article 4----------------------------------Resident Article 5----------------------------------Permanent Establishment Article 6----------------------------------Income from Immovable Property Article 7----------------------------------Business Profits Article 8----------------------------------Shipping and Air Transport Article 9----------------------------------Associated Enterprises Article 10---------------------------------Dividends Article 11---------------------------------Interest Article 12---------------------------------Royalties Article 13---------------------------------Capital Gains Article 14---------------------------------Independent Personal Services Article 15---------------------------------Dependent Personal Services Article 16---------------------------------Directors' Fees Article 17---------------------------------Artistes and Athletes Article 18---------------------------------Pensions, etc. Article 19---------------------------------Government Service Article 20---------------------------------Professors and Teachers Article 21---------------------------------Students and Trainees Article 22---------------------------------Other Income Article 23---------------------------------Relief from Double Taxation Article 24---------------------------------Non-Discrimination Article 25---------------------------------Mutual Agreement Procedure Article 26---------------------------------Exchange of Information Article 27---------------------------------Diplomatic Agents and Consular officials Article 28---------------------------------Entry into Force Article 29---------------------------------Termination Protocol-----------------------------------of 17 April, 1984 Notes of exchange-----------------------of 17 April, 1984 Letter of Submittal----------------------of 22 June, 1984 Letter of Transmittal--------------------of 3 July, 1984 The "Saving Clause"--------------------Paragraph 2 of Article 1 　　　　　　　　　TAX CONVENTION WITH ITALY 　　　　　　　　　　　　　MESSAGE 　　　　　　　　　　　　　FROM 　　　　　　　THE PRESIDENT OF THE UNITED STATES 　　　　　　　　　　　TRANSMITTING 　　THE CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF ITALY FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF FRAUD OR FISCAL EVASION, TOGETHER WITH A SUPPLEMENTARY PROTOCOL AND EXCHANGE OF NOTES, SIGNED AT ROME ON APRIL 17, 1984 LETTER OF SUBMITTAL DEPARTMENT OF STATE, Washington, June 22, 1984. The PRESIDENT, The White House. 　　THE PRESIDENT: I have the honor to submit to you, with a view to its transmission to the Senate for advice and consent to ratification, the Convention between the Government of the United States of America and the Government of the Republic of Italy for the Avoidance of Double Taxation with Respect to Taxes on Income and the Prevention of Fraud or Fiscal Evasion (referred to hereafter as "the Convention"), together with a supplementary Protocol and exchange of notes signed at Rome on April 17,1984. 　　The Convention will replace the present income tax treaty with Italy which was signed at Washington on March 30, 1955 and has been in force since 1956. It reflects important changes in the United States and Italian tax laws and the development of model tax treaties by the United States and the Organization for Economic Cooperation and Development (OECD). 　　The Convention generally follows the pattern of the U.S. model income tax convention, with certain modifications. The Convention sets forth agreed definitions of terms; rules allocating taxing jurisdiction between the country of source of income and the country of residence of the beneficial owner with respect to each type of income (e.g. profits, wages and salaries, royalties, interest); the method to be used by each country to avoid double taxation; and procedures for administrative cooperation. 　　The Convention retains the provision of the 1955 treaty for a reduced tax rate of 5 percent at source on dividends paid by a corporation which is a resident of one country to a corporation which is a resident of the other country. The Convention extends this benefit to corporations which own 50 percent or more of the voting stock of the paying corporation. The 1955 treaty required 95 percent ownership to be eligible for the benefit. The new Convention introduces a 10 percent rate (rather than 15) on dividends paid to a company owning between 10 and 50 percent of the voting stock of the paying company. The 5 and 10 percent rates do not apply if the recipient company derives more than a certain proportion of its income from passive investments, e.g., as a holding company. All other dividends paid to residents of the other country may be taxed at source at a rate not exceeding 15 percent. 　　The Convention also introduces a limitation, not contained in the 1955 treaty, on the taxation at source of interest paid to residents of the other country. The limit is 15 percent in general, with exemption at source of interest derived by the other government or a wholly owned government instrumentality and of interest derived by a resident of the other country on debt guaranteed or insured by that government or a wholly owned government instrumentality. 　　One important feature of the Convention is that it covers the Italian local income tax, as well as national income taxes. This is of particular importance with respect to Italian taxes on royalties derived by United States residents, since the Italian local tax is imposed on such payments and is not covered by the 1955 treaty. The new Convention limits the aggregate tax at source on royalties to a maximum of 10 percent, with reduced rates of 5, 7, and 8 percent applicable to copyright royalties, income from the leasing of tangible property and film rentals, respectively. Income from the leasing of containers used in international traffic and income from certain leasing of ships and aircraft is exempt from tax at source under the article governing international transportation income; such leasing is not treated as a royalty. Other provisions of the Convention reflect the views of the Senate as expressed in its consideration of other recent United States tax treaties. For example, the protocol includes an article limiting the benefits of the Convention to residents of the two countries, conforms the language on capital gains taxation to recently enacted provisions of United States law, and authorizes the General Accounting Office to obtain access to certain tax information relevant to its function of overseeing the administration of United States tax law. 　　Under the Convention, each country agrees to exempt from tax the social security benefits paid to residents of the other country, unless they are citizens solely of the paying country. This is viewed as a special provision to alleviate the hardship imposed on many Italian retirees by the recent introduction of an effective 15 percent U.S. tax on social security benefits paid to nonresidential aliens. 　　The protocol clarifies and supplements certain provisions of the Convention. In the accompanying exchange of notes, the Italian Government expresses its concern over the application by some states of the United States of the unitary method of apportioning profits to the United States activities of Italian resident companies. That approach is of particular concern to Italy because the Italian local income tax is subject to the Convention rules, while state and local income taxes in the United States are not. If such taxes on Italian residents increase significantly, Italy reserves the right to reopen discussions on this issue and, in particular, if a state or locality taxes the international transportation income of Italian shipping or airline companies. Italy reserves the right to impose its local tax on United States shipping or airline companies. 　　The Convention will enter into force upon the exchange of instruments of ratification. The provisions of the Convention will have effect as follows: 　　(a) with respect to taxes withheld at source, for amounts paid or credited on or after the first day of the second month following the date on which this Convention enters into force; and 　　(b) with respect to other taxes, for taxable periods beginning on or after January 1 of the year in which this Convention enters into force. 　　The Convention will remain in effect indefinitely unless terminated by one of the Contracting States. Either State may terminate the Convention after it has been in force for five years by giving at least six months' notice through diplomatic channels. 　　A technical memorandum explaining in detail the provisions of the Convention is being prepared by the Department of the Treasury and will be submitted separately to the Senate Committee on Foreign Relations. 　　The Department of the Treasury, with the cooperation of the Department of State, was primarily responsible for the negotiation of this Convention. It has the approval of both Departments. Respectfully submitted, GEORGE P. SHULTZ. LETTER OF TRANSMITTAL THE WHITE HOUSE, July 3, 1984. To the Senate of the United States: 　　I transmit herewith, for Senate advice and consent to ratification, the Convention between the Government of the United States of America and the Government of the Republic of Italy for the Avoidance of Double Taxation with Respect to Taxes on Income and the Prevention of Fraud or Fiscal Evasion ("the Convention"), together with a supplementary Protocol and exchange of notes, signed at Rome on April 17, 1984. 1 also transmit the report of the Department of State on the Convention. 　　Important changes in United States and Italian tax laws and the development of a model tax treaty by the United States made it necessary to replace the existing income tax convention with Italy, which has been in force since 1956. 　　Among the principal features of the new Convention are the inclusion of the Italian local income tax among the taxes covered by the Convention and a reduction in the tax at source on most dividends. The Convention also introduces a limitation on the taxation at source of interest paid to residents of the other country. It provides a maximum rate of tax at source of 10 percent on royalties. 　　The protocol provides that the benefits of the Convention are limited to residents of the two countries, and otherwise clarifies and supplements the Convention. The exchange of notes sets out certain understandings between the two governments. 　　I recommend that the Senate give early and favorable consideration to the Convention, together with the supplementary Protocol and exchange of notes, and give advice and consent to ratification. RONALD REAGAN.