1. The withholding tax provided for in Article 182 B is not applicable to royalties paid by a legal person in one of the forms listed in the first paragraph of 1 of Article 119 quater or by a permanent establishment to a legal person that is its associate or to a permanent establishment dependent on a legal person that is its associate. For the application of this article, the status of legal entity which is an associate of a legal entity and of legal entity which is an associate of a permanent establishment shall be recognised in accordance with the second and third paragraphs of paragraph 1 of article 119 quater.
For the purposes of this article, royalties mean payments of any kind received by way of remuneration for the use of, or the right to use, a copyright in a literary, artistic or scientific work, including cinematographic films and computer software, a patent, trademark or service mark, design or model, plan, secret formula or process, or information concerning industrial, commercial or scientific experience. Payments received for the use of, or the right to use, industrial, commercial or scientific equipment are considered to be royalties.
2. The exemption provided for in 1 is subject to the same conditions and justifications as those provided for in article 119 quater.
3. The provisions of 1 shall not apply where the royalties paid benefit a legal person or a permanent establishment of a legal person controlled directly or indirectly by one or more residents of States that are not members of the European Community and if the chain of holdings has as its main purpose or as one of its main purposes to take advantage of the provisions of 1.
Where, because of the special relationship existing between the payer and the beneficial owner of the royalties or because of the relationship between both of them and a third party, the amount of the royalties exceeds the amount that would have been agreed between the payer and the beneficial owner in the absence of such relationship, the provisions of 1 apply only to the latter amount.
4. A decree shall specify, as necessary, the terms and conditions for the application of this article.