Zambia - Anti-abuse provisions

Zambia

Anti-abuse provision: Main purpose test

Article 10-6:

No relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.

The competent authority of the Contracting State which has to grant the benefits, shall consult with the competent authority of the other Contracting State before denying the benefits under this paragraph.

Article 11-8:

No relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the debt-claim in respect of which the interest is paid to take advantage of this Article by means of that creation or assignment. The competent authority of the Contracting State which has to grant the benefits, shall consult with the competent authority of the other Contracting State before denying the benefits under this paragraph.

Article 12-7:

No relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the royalties are paid to take advantage of this Article by means of that creation or assignment. The competent authority of the Contracting State which has to grant the benefits, shall consult with the competent authority of the other Contracting State before denying the benefits under this paragraph.