Georgia: Treaty analysis: Georgia-Belarus double tax treaty enters into force

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Georgia: Treaty analysis: Georgia-Belarus double tax treaty enters into force

Pushkaryova-Anna

Anna Pushkaryova

On April 23 2015 Georgia and Belarus signed an agreement on avoidance of double taxation, prevention of evasion of income and capital taxes (DTT). The DTT applies to profit tax, income tax and property tax in Georgia and the tax on income, tax on profits, income tax on individuals and tax on immovable property in Belarus.

Among other provisions, the DTT stipulates, in particular, the following:

  • The profits of a company resident in one state will be taxable in that state only, unless the company has a permanent establishment (PE) in the other state, in which case the profits of said company may be taxed in that other state if attributable to that PE. The DTT determines PE as, in particular, a building site or construction or installation project lasting more than 12 months. The treaty also contains a number of exceptions when an enterprise shall not be deemed to have a PE;

  • A withholding tax on dividends at the rate of 5% (in case of at least 25% participation in the company paying the dividends) and at the rate 10% in all other cases;

  • A withholding tax rate of 5% on interest;

  • A withholding tax rate of 5% on royalties;

  • Income derived by a resident of one state from immovable property (including income from agriculture or forestry) located in the other state may be taxed in that other state;

  • Gains realised by a resident of one state from the alienation of shares or other participation interests of which more than 50 % of the value is derived directly or indirectly from immovable property situated in the other state, may be taxed in that other state.

According to the DTT, double taxation will be eliminated by applying a deduction from the tax of the Georgian resident in amount of the tax paid in Belarus and vice versa.

The DTT was ratified by Georgia on June 12 2015 and by Belarus on November 10 2015. Per the treaty's provisions, it entered into force on November 24 2015 and is effective as of January 1 2016.

Anna Pushkaryova (anna.pushkaryova@eurofast.eu)

Eurofast Georgia

Tel: +995 595 100 517

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

Authors from Khaitan & Co dissect a ‘welcome’ ruling, which found that the mere existence of a tax benefit would not, by itself, warrant a principal purpose test
Over two-thirds of survey respondents back the continuation of the UK’s digital services tax, research commissioned by the Fair Tax Foundation also found
Given the US/G7 pillar two deal, the OECD is in danger of being replaced by the UN as the leading global tax reform forum
Cinven’s latest investment follows its acquisition of a stake in Grant Thornton UK in December; in other news, a barrister listed by HMRC as a tax avoidance promoter has alleged harassment
CIT base narrowing measures remain more prevalent than increased CIT rates, the report also highlighted
ITR's parent company, LBG, will acquire The Lawyer, a leading news, intelligence and data-driven insight provider for the legal industry, from Centaur Media
KPMG UK’s Graeme Webster and KPMG Meijburg & Co’s Eduard Sporken outline the 20-year evolution of MAPAs, with DEMPE analyses becoming more prevalent and MAPA requirements growing stricter
Rishi Joshi, of the Institute of Chartered Accountants of India, warns of potential judicial overreach as assets are recharacterised to bypass a legislative exclusion
Only 2% of in-house survey respondents said they were ‘heavy’ users of AI for TP, Aibidia’s report also found
There was a ‘deeply embedded culture within PwC that routinely disregarded formal confidentiality obligations,’ the chairman of Australia’s Tax Practitioners Board said
Gift this article