Finance Act, 1958
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PART VII. Relief From Double Taxation: Income Tax, Sur-Tax, Corporation Profits Tax and Death Duties. | ||
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Agreements for relief from double taxation of income. |
44.—(1) If the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to affording relief from double taxation in respect of income tax, sur-tax or corporation profits tax and any taxes of a similar character, imposed by the laws of the State or by the laws of that territory, and that it is expedient that those arrangements should have the force of law, then, subject to the provisions of this Part of this Act, the arrangements shall, notwithstanding anything in any enactment, have the force of law. | |
(2) The provisions of the Second Schedule to this Act— | ||
(a) shall have effect where arrangements which have the force of law by virtue of this section provide that tax payable under the laws of the territory concerned shall be allowed as a credit against tax payable in the State, | ||
(b) in relation to the convention between the Government and the Government of the United States of America which was given the force of law by section 12 of the Finance Act, 1950 (No. 18 of 1950), shall be substituted for the provisions contained in Part II of the Second Schedule to that Act, and | ||
(c) in relation to the agreement between the Government and the Government of Canada which was given the force of law by section 14 of the Finance Act, 1955 (No. 13 of 1955), be substituted for the provisions contained in Part II of the Second Schedule to that Act. | ||
(3) Any arrangements to which the force of law is given under this section may include provision for relief from tax for periods before the passing of this Act or before the making of the arrangements and provisions as to income which is not itself subject to double taxation, and the preceding provisions of this section shall have effect accordingly. | ||
(4) In subsection (4) of section 13 of the Finance Act, 1950 , references to a dividend paid before the passing of that Act shall include references to a dividend paid before the making by the Government of an order to which subsection (1) of this section relates, and the said subsection (4) shall be construed accordingly. | ||
(5) For the purposes of subsection (1) of this section, arrangements made with the head of a foreign state shall be regarded as made with the government thereof. |