[4] Article 25(5) and (6), as amended by the Protocol, applies to (a) cases pending before the competent authority on 28 December 2007 and (b) cases pending after that date for which proceedings under point (a) are opened on 28 December 2007. (1) Without prejudice to Articles 7 (Business Profits) and 15 (Dependent Personal Services), income generated by an artist resident in a Contracting State (e.B. theatre, film, radio or television artist or musician) or as an athlete of his personal activity as such, which is carried on in the other Contracting State, are taxed in that other State, unless the amount of gross income generated by such artist or athlete, including expenses reimbursed or incurred on his behalf, from such activities exceeds USD 20,000 (twenty thousand US dollars) or the equivalent in euros for the Steps in the calendar year. 19. With regard to Article 23(1) (relief from double taxation): for the purposes of Article 23(1), `general principle of this Agreement` means the avoidance of double taxation by granting a credit for taxes levied on income from the Federal Republic of Germany, as determined by the applicable rules on UNITED States sources. as amended by the Convention. Although the details and limits of the credit under this paragraph may change as the provisions of United States law change, such amendments shall receive a credit for German taxes levied on items of income that the Federal Republic of Germany may impose under the Convention. 6. Notwithstanding the provisions of paragraph 1, interest that constitutes an excessive inclusion in respect of a residual interest in a U.S. mortgage investment channel may be taxed by the United States in accordance with its domestic law. 4. Paragraph 2(a) and paragraph 3(a) do not apply to dividends paid by a U.S. person that is a U.S.

regulated investment company (RIC), a U.S. person that is a U.S. real estate investment trust (REIT), or a German mutual fund or corporation (collectively, the investment fund). In the case of dividends distributed by an ICN or an investment fund, points (b) and (b) of paragraph 2 shall apply. In the case of dividends paid by a REIT, point (b) of paragraph 2 and point (b) of paragraph 3 shall apply only if: (a) the beneficial owner of the dividends is a natural person or a pension fund, in both cases holding no more than 10 % of the REIT; (b) the dividends are paid in respect of a class of publicly traded shares and the beneficial owner of the dividends is a person who holds a maximum interest of 5% in a class of shares of the REIT; or (c) the beneficial owner of the dividends is a person who does not hold more than 10% of the interest in the REIT and the REIT is diversified. 5. For the purposes of this Article, the term “dividends” means income from shares, “Enjoyment” shares or “Enjoyment” rights, founder`s shares or other rights (other than receivables) that contribute to profits, as well as other income from other rights that is subject to the same tax treatment as income from shares under the law of the Contracting State in which the distribution is resident. In the Federal Republic of Germany, the term `dividends` also includes income from a public limited company, a participating loan or a profit-making bond and distributions on certificates from a German investment fund. 6.

Without prejudice to the foregoing provisions of this Article, the benefits of this Agreement may be granted to a German investment fund or a German joint-stock company (collectively, investment fund) only if at least 90 % of the shares or other economic interests of the German investment fund are held directly or indirectly by persons resident in the Federal Republic of Germany who are entitled to the benefits of this Agreement. in accordance with point (a). (b), (c), (d) or (e) of paragraph 2 of this Article or by persons who are equivalent beneficiaries in respect of income from German investment assets for which benefits are claimed. For the purposes of this paragraph, beneficiaries of entities subject to Article 1(1)(3) and (5) of the German Corporate Tax Act shall be treated indirectly as shares in a German investment fund. Foundations within the meaning of § 1 paragraph 1 (5) of the Corporation Tax Act, which are not mentioned in paragraph 2 (d) of this article, are not taken into account in determining whether a German investment fund reaches the minimum ownership limit of 90%. 4. (a) Notwithstanding the fact that a resident of a State Party may not be a qualified person, he or she shall be entitled to all the benefits of this Convention otherwise granted to residents of a State Party in respect of income received by the other State Party if the resident is actively engaged in commercial or commercial activities in the former State Party (with the exception of investment realization or administration activities). on the resident`s own account, unless banking, insurance or securities transactions carried out by a bank, insurance company or registered securities dealer), the income generated by the other Contracting State in connection with that transaction arises from or is related to that other Contracting State, and that the resident fulfils all other conditions specified for the granting of such benefits.

4. Non-deductible maintenance and regular payments for the maintenance of a minor child (made on the basis of a written separation agreement or divorce decree, separate maintenance or compulsory maintenance) paid by a resident of a Contracting State to a resident of the other Contracting State may be taxed only in the first-mentioned State. 4. Without prejudice to the foregoing provisions of this Article, the tax levied in accordance with Article 10 (2) (a) (dividends) on dividends (within the meaning of paragraph 4 of that Article) paid or credited before 1 January 1992 may not exceed 5 % of the gross amount of the dividends, but may not exceed 10 %. 11. For the purposes of this Article, “pension fund” means any person constituted under the law of a Contracting State; (b) established and maintained in that State Party primarily for the administration or provision of pensions or similar remuneration, including social security benefits, disability pensions and widow`s pensions, or to generate income for one or more of these persons; and (c) either (aa) in the case of the United States, is exempt from tax in the United States for the activities described in subparagraph (b) of this paragraph, or (bb) in the case of the Federal Republic of Germany, is a contribution regime to which preferential treatment may be accorded under the Income Tax Act. 4. A student or apprentice of a business within the meaning of paragraph 2 or a recipient of a scholarship, allowance or arbitral award within the meaning of paragraph 3 who resides in a Contracting State for a maximum period of four years shall not be taxed in that State on income from dependent personal services not exceeding USD 9,000 (US$nine thousand) or its equivalent in euros per tax year; provided that such services are provided for the purpose of supplementing the means otherwise available for maintenance, training or training. 2. This Convention shall enter into force on the date of exchange of instruments of ratification and shall take effect in both Contracting States: (a) in respect of withholding taxes and excise duties on insurance premiums for amounts paid or credited from 1 January 1990; (b) for other taxes on income and on 1. taxation years or tax periods beginning in January 1990, with the exception of a marketing year beginning before that date; and (c) in respect of capital taxes, in respect of taxes levied on capital items situated from 1 January 1990. 4.

The Contracting State in which the income is generated may require the Contracting State in which the taxpayer is established to issue an administrative certificate of compliance with the conditions of unlimited tax liability in that State. This Agreement shall also apply to the Land of Berlin, unless the Government of the Federal Republic of Germany makes a declaration to the contrary to the Government of the United States of America within three months of the entry into force of this Convention. [1] Protocol of 1 June 2006 amending the Convention, which entered into force with the exchange of instruments of ratification on 28 December 2007 (Federal Journal of Laws of 2006, vol. II, p. 1186) applies to withholding taxes (see Article XVII of the Protocol) (a) to amounts paid or credited on or after 1 January 2007; (b) in respect of other taxes on income and 1 January 2008 for a tax year from 1 January 2008; and (c) in respect of capital taxes, for taxes levied on capital items situated on or after 1 January 2008. .