Direct Tax Avoidance Agreements

TURKEY

Article 3 : General definitions- 1. For the purposes of this Agreement, unless the context otherwise requires :

(a) (i) the term Turkey means the territory of the Republic of Turkey including any area in which the laws of Turkey are in force, as well as the maritime zones over which Turkey is entitled to sovereign rights and exercises jurisdiction in accordance with international law and Turkish law ;

(ii) the term India means the territory of India and includes the territorial sea and air space above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdictions, according to the Indian law and in accordance with international law ;

(b) the terms a Contracting State and the other Contracting State mean Turkey or India as the context requires ;

(c) the term tax means Indian tax or Turkish tax as the context requires ;

(d) the term person includes an individual, a company and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting States ;

(e) the term company means any body corporate or any entity which is treated as a company or body corporate under the taxation laws in force in the respective Contracting States ;

(f)  the term registered office shall have the same meaning which it has under the laws of each Contracting State ;

(g) the term national means any individual possessing the nationality of a Contracting State and any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State ;

(h) 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 ;

(i)  the term competent authority means :

(i)  in Turkey, the Minister of Finance or his authorised representative;

(ii) in India, the Central Government in the Ministry of Finance (Department of Revenue) or its authorised representative;

(j)  the term international traffic means any transport by a ship or an aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State.

2. As regards the application of the Agreement by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the laws of that State concerning the taxes to which the Agreement applies.