Montenegro: Montenegro – Austria tax treaty

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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


Montenegro: Montenegro – Austria tax treaty

The agreement between the Government of Montenegro and the Government of the Republic of Austria for the avoidance of double taxation (DTA) was published in the Official Journal of Montenegro – International Agreements No 3 on March 26 2015 and entered into force on April 21 2015. The agreement was signed in Vienna on June 16 2014.

pavlicevic.jpg

Andrea Pavlicevic

The treaty applies to taxes on income and on capital. Taxes on income and property include all taxes imposed on total income, total property or on elements of income or of capital, including taxes on gains from the disposal of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation. In Austria, these taxes include:

  • tax on profits of legal persons;

  • personal income tax;

  • tax on land;

  • the tax on agricultural and forestry enterprises; and

  • tax on the value of buildable land.

While in Montenegro, the affected taxes include:

  • tax on profits of legal persons; and

  • personal income tax.

According to the DTA, the profits of an enterprise of a contracting state will be taxable only in that state unless the enterprise has a business activity in the other contracting state through a permanent establishment situated in that other contracting state. If the enterprise performs business activities in the other contracting state through a permanent establishment (PE), the profits of the enterprise may be taxed in that other state, but only in the amount which is attributable to that PE.

Profits from the operation of ships or aircraft in international traffic will be taxable only in the contracting state in which the place of effective management (POEM) of the enterprise is located.

The POEM of a maritime transport enterprise located onboard a ship is considered to be situated in the contracting state in which the home port of the ship is located or, if there is no such home harbour, in the state of which the maritime ship is resident.

Dividends paid by a company resident in one contracting state to a resident of the other contracting state may be taxed in that other state. The withholding tax (WHT) rates, according to the treaty, are set at 5% (for companies with at least 5% participation in the dividend-paying company) or 10% (all other cases for dividends), and 10% for interest. For royalties, the treaty differentiates between royalties for the use of literary, artistic or scientific copyright (for which the WHT is 5%) and those for the use of patent, trademark, design or formula (taxed with a 10% withholding tax).

The Montenegro-Austria DTA will be effective as of January 1 2016.

Andrea Pavlicevic (andrea.pavlicevic@eurofast.eu)

Eurofast Global Podgorica

Tel: +382 20 228 490

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

Awards
It was also a memorable night for Baker McKenzie and its associated firms, after picking up 19 awards, including the coveted Asia-Pacific Tax Law Firm of the Year
Stocche Forbes Advogados, Utumi Advogados and Lobo de Rizzo Advogados have reached Tier 2 as competition intensifies in the region’s largest tax market
Ben Webster’s arrival represents a significant expansion of Withers’ London tax litigation practice, as the private client firm eyes further international growth
The combination swiftly builds on RSM’s addition of a new Lithuanian firm to its international network, signalling a European build-out
Tax teams must look beyond pillar two’s headline rules as R&D incentives and the US side-by-side deal create new strategic choices for multinationals, says Marta Pankiv of Tricentis
As funds work becomes more complex, Proskauer is betting that embedded tax expertise can strengthen its wider offering
The recently founded AI platform stands out in a crowded marketplace thanks to a compelling vision and friends in the right places
Advisers expect consumption tax reform to stay on course, but debt pressures could push the government towards tougher enforcement and incentive reviews
The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
Gift this article