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United Kingdom Double
Taxation Conventions
Update August, 2008
http://www.hmrc.gov.uk
The Financial Secretary, Jane Kennedy MP, has announced details of the UK’s
treaty negotiating priorities for the year to 31 March 2009.
The Financial Secretary said:
"I am pleased to announce the programme of work on double taxation
conventions for the year to 31 March 2009. The UK has a comprehensive
network of bilateral double taxation conventions and we are committed to
maintaining and strengthening this network. These agreements help UK
business and investors to remain competitive by providing them with a
measure of certainty and stability in their tax affairs."
Below are details of negotiating priorities for the year to March 2009 and
also reports on recent developments.
Details
The Government reviews the UK's Double Taxation Convention (DTC) priorities
each year to ensure that the treaty network continues to meet the needs of
the businesses and individuals receiving income from abroad. HM Revenue &
Customs monitors the DTC networks of other countries and invites
representations from business, individuals, representative bodies, other
Government departments and others with an interest in this area. We use the
results, balanced with an estimate of the resources available, to produce a
schedule of work for the year ahead.
Programme to 31 March 2009
The United
Kingdom
plans to complete work on new double taxation conventions with the
Netherlands, Ethiopia, Libya and Thailand; and on Tax Information Agreements
with Brazil, Jersey, Guernsey, Isle of Man and the British Virgin Islands.
We intend to progress negotiations with China, US, Spain, Belgium,
Luxembourg and Hungary.
New talks
We have plans to commence negotiations with Australia, Canada, Israel and
Spain. [We will make further announcements about DTC talks with other
jurisdictions as and when arrangements are in place.]
Recent developments
The DTC between the UK and Macedonia, signed on 8 November 2006, entered
into force on 8 August 2007. The text has been published as the Schedule to
the Double Taxation Relief (Taxes on Income) (Macedonia) Order 2007
(Statutory Instrument 2007 No. 2127), copies of which can be obtained from
The Office of Public Sector Information. The
text of the Order can be accessed on the Internet.
In the UK the provisions of the Convention have effect from 1 April 2008
(for corporation tax purposes), and from 6 April 2008 (for income tax and
capital gains tax purposes). In Macedonia, the provisions take effect from 1
January 2008.
A new comprehensive DTC between the UK and the Faroes was signed on 20 June
2007. The text has been published as the Schedule to the Double Taxation
Relief and International Tax Enforcement (Faroes) Order 2007 (Statutory
Instrument 2007 No. 3469), copies of which can be obtained from The Office
of Public Sector Information. The
text of the DTC is available on the Internet. This Convention is not yet
in force.
A Protocol to the DTC between the UK and Switzerland was signed on 26 June
2007. The text has been published as the Schedule to the Double Taxation
Relief (Taxes on Income) (Switzerland) Order 2007 (Statutory Instrument 2007
No. 3465), copies of which can be obtained from The Office of Public Sector
Information. The
text of the DTC is available on the Internet. This Protocol is not yet
in force.
A new comprehensive DTC between the UK and France was signed on 19 June
2008. The
text of the new Convention can be accessed on the Internet. The text
will be laid as a Schedule to a Draft Order in Council for consideration by
the House of Commons later this year.
A new DTC with France was originally signed on 28 January 2004. Changes to
the tax systems in both countries meant that that Convention could not be
taken forward and it has been replaced by the Convention signed on 19 June
2008 - which incorporates additional improvements over the 2004 text.
Agreements were also signed with the following countries. The texts of these
agreements are also available on the Internet as draft Statutory Instruments
as detailed below.
Bermuda (Tax Information Agreement signed on 4 December 2007):
Moldova (Comprehensive DTC signed on 8 November 2007):
New Zealand (Protocol to comprehensive DTC signed on 7 November 2007):
Saudi Arabia (Comprehensive DTC signed on 30 October 2007):
Slovenia (Comprehensive DTC signed on 14 November 2007):
Representations about our programme to 31 March 2009 are invited and should
be sent to:
Jas Sahni
Customs & International (Tax Treaty Team)
Room 3.60
HM Revenue & Customs
100 Parliament Street
London
SW1A 2BQ
Email
Jas Sahni
Notes
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Double Taxation Conventions aim to eliminate the double taxation of income
or gains arising in one State and paid to residents of another State. They
do this by dividing the taxing rights that each treaty partner has under
its domestic law over the same income and gains. They provide additional
protection for taxpayers by specific measures combating discrimination in
tax treatment. More generally, Conventions benefit the taxpayer by
ensuring certainty of treatment and, as far as possible, by reducing
compliance burdens. Double Taxation Conventions also serve an Exchequer
protection role by including provisions to combat avoidance and evasion -
not least by measures providing for the exchange of information between
Revenue authorities.
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There are more than 1,300 Double Taxation Conventions world-wide - the UK
has one of the largest networks covering more than 100 countries. The UK
has sought to encourage and maintain an international consensus on the
appropriate tax treatment of cross border economic activity and thus
promote international trade. The UK plays an important role in this field
within the Organisation for Economic Co-operation and Development.
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