Finance Act 2007
|
Relief from double taxation. |
35.— (1) The Principal Act is amended— | |
(a) in section 826 by substituting the following for subsection (1): | ||
“(1) Where— | ||
(a) 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— | ||
(i) affording relief from double taxation in respect of— | ||
(I) income tax, | ||
(II) corporation tax in respect of income and chargeable gains (or, in the case of arrangements made before the enactment of the Corporation Tax Act 1976 , corporation profits tax), | ||
(III) capital gains tax, | ||
(IV) any taxes of a similar character, | ||
imposed by the laws of the State or by the laws of that territory, and | ||
(ii) in the case of taxes of any kind or description imposed by the laws of the State or the laws of that territory— | ||
(I) exchanging information for the purposes of the prevention and detection of tax evasion, or | ||
(II) granting relief from taxation under the laws of that territory to persons who are resident in the State for the purposes of tax, | ||
and that it is expedient that those arrangements should have the force of law, and | ||
(b) the order so made is referred to in Part 1 of Schedule 24A, | ||
then, subject to this section and to the extent provided for in this section, the arrangements shall, notwithstanding any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of— | ||
(A) the insertion of Schedule 24A into this Act, or | ||
(B) the insertion of a reference to the order into Part 1 of Schedule 24A, | ||
whichever is the later. | ||
(1A) Where— | ||
(a) 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 of air transport undertakings and their employees in respect of all taxes which are or may become chargeable on profits, income and capital gains imposed by the laws of the State or the laws of that territory, and that it is expedient that those arrangements should have the force of law, and | ||
(b) the order so made is referred to in Part 2 of Schedule 24A, | ||
then, subject to this section and to the extent provided for in this section, the arrangements shall, notwithstanding any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of— | ||
(i) the insertion of Schedule 24A into this Act, or | ||
(ii) the insertion of a reference to the order into Part 2 of Schedule 24A, | ||
whichever is the later. | ||
(1B) Where— | ||
(a) 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— | ||
(i) exchanging information for the purposes of the prevention and detection of tax evasion in the case of taxes of any kind or description imposed by the law of the State or the laws of that territory, | ||
(ii) such other matters relating to affording relief from double taxation as the Government consider appropriate, | ||
and that it is expedient that those arrangements should have the force of law, and | ||
(b) the order so made is specified in Part 3 of Schedule 24A, | ||
then, subject to this section, the arrangements shall, notwithstanding any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 3 of Schedule 24A.”, | ||
and | ||
(b) by inserting the following after Schedule 24: | ||
“SCHEDULE 24A | ||
Arrangements Made by the Government with the Government of any Territory Outside the State in Relation to Affording Relief from Double Taxation and Exchanging Information in Relation to Tax | ||
PART 1 | ||
Arrangements in Relation to Affording Relief from Double Taxation in Respect of the Taxes Referred to in Section 826(1), Made by the Government and Specified in Orders Made by the Government | ||
1. The Double Taxation Relief (Taxes on Income and Capital) (Australia) Order 1983 ( S.I. No. 406 of 1983 ). | ||
2. The Double Taxation Relief (Taxes on Income) (Republic of Austria) Order 1967 ( S.I. No. 250 of 1967 ) and the Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Austria) Order 1988 ( S.I. No. 29 of 1988 ). | ||
3. The Double Taxation Relief (Taxes on Income) (Kingdom of Belgium) Order 1973 ( S.I. No. 66 of 1973 ). | ||
4. The Double Taxation Relief (Taxes on Income and Capital Gains) (The Republic of Bulgaria) Order 2000 ( S.I. No. 372 of 2000 ). | ||
5. The Double Taxation Relief (Taxes on Income and Capital Gains) (Government of Canada) Order 2004 ( S.I. No. 773 of 2004 ). | ||
6. The Double Taxation Relief (Taxes on Income) (People’s Republic of China) Order 2000 ( S.I. No. 373 of 2000 ). | ||
7. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Croatia) Order 2002 ( S.I. No. 574 of 2002 ). | ||
8. The Double Taxation Relief (Taxes on Income) (Cyprus) Order 1970 ( S.I. No. 79 of 1970 ). | ||
9. The Double Taxation Relief (Taxes on Income and Capital) (Czech Republic) Order 1995 ( S.I. No. 321 of 1995 ). | ||
10. The Double Taxation Relief (Taxes on Income) (Kingdom of Denmark) Order 1993 ( S.I. No. 286 of 1993 ). | ||
11. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Estonia) Order 1998 ( S.I. No. 496 of 1998 ). | ||
12. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Finland) Order 1993 ( S.I. No. 289 of 1993 ). | ||
13. The Double Taxation Relief (Taxes on Income) (Republic of France) Order 1970 ( S.I. No. 162 of 1970 ). | ||
14. The Double Taxation Relief (Taxes on Income and Capital and Gewerbesteuer (Trade Tax)) (Federal Republic of Germany) Order 1962 ( S.I. No. 212 of 1962 ). | ||
15. The Double Taxation Relief (Taxes on Income and Capital Gains) (Government of the Hellenic Republic) Order 2004 ( S.I. No. 774 of 2004 ). | ||
16. The Double Taxation Relief (Taxes on Income) (Republic of Hungary) Order 1995 ( S.I. No. 301 of 1995 ). | ||
17. The Double Taxation Relief (Taxes on Income and on Capital) (Republic of Iceland) Order 2004 ( S.I. No. 775 of 2004 ). | ||
18. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of India) Order 2001 ( S.I. No. 521 of 2001 ). | ||
19. The Double Taxation Relief (Taxes on Income) (Italy) Order 1973 ( S.I. No. 64 of 1973 ). | ||
20. The Double Taxation Relief (Taxes on Income) (State of Israel) Order 1995 ( S.I. No. 323 of 1995 ). | ||
21. The Double Taxation Relief (Taxes on Income) (Japan) Order 1974 ( S.I. No. 259 of 1974 ). | ||
22. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Korea) Order 1991 ( S.I. No. 290 of 1991 ). | ||
23. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Latvia) Order 1997 ( S.I. No. 504 of 1997 ). | ||
24. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Lithuania) Order 1997 ( S.I. No. 503 of 1997 ). | ||
25. The Double Taxation Relief (Taxes on Income and on Capital) (Grand Duchy of Luxembourg) Order 1973 ( S.I. No. 65 of 1973 ). | ||
26. The Double Taxation Relief (Taxes on Income) (Malaysia) Order 1998 ( S.I. No. 495 of 1998 ). | ||
27. The Double Taxation Relief (Taxes on Income and Capital Gains) (The United Mexican States) Order 1998 ( S.I. No. 497 of 1998 ). | ||
28. The Double Taxation Relief (Taxes on Income and Capital) (Kingdom of the Netherlands) Order 1970 ( S.I. No. 22 of 1970 ). | ||
29. The Double Taxation Relief (Taxes on Income and Capital Gains) (New Zealand) Order 1988 ( S.I. No. 30 of 1988 ). | ||
30. The Double Taxation Relief (Taxes on Income and on Capital) (Kingdom of Norway) Order 2001 ( S.I. No. 520 of 2001 ). | ||
31. The Double Taxation Relief (Taxes on Income) (Pakistan) Order 1974 ( S.I. No. 260 of 1974 ). | ||
32. The Double Taxation Relief (Taxes on Income) (Republic of Poland) Order 1995 ( S.I. No. 322 of 1995 ). | ||
33. The Double Taxation Relief (Taxes on Income) (Portuguese Republic) Order 1994 ( S.I. No. 102 of 1994 ) and the Double Taxation Relief (Taxes on Income) (Portuguese Republic) Order 2005 ( S.I. No. 816 of 2005 ). | ||
34. The Double Taxation Relief (Taxes on Income and Capital Gains) (Romania) Order 1999 ( S.I. No. 427 of 1999 ). | ||
35. The Double Taxation Relief (Taxes on Income) (Russian Federation) Order 1994 ( S.I. No. 428 of 1994 ). | ||
36. The Double Taxation Relief (Taxes on Income and Capital Gains) (The Slovak Republic) Order 1999 ( S.I. No. 426 of 1999 ). | ||
37. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Slovenia) Order 2002 ( S.I. No. 573 of 2002 ). | ||
38. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of South Africa) Order 1997 ( S.I. No. 478 of 1997 ). | ||
39. The Double Taxation Relief (Taxes on Income and Capital Gains) (Kingdom of Spain) Order 1994 ( S.I. No. 308 of 1994 ). | ||
40. The Double Taxation Relief (Taxes on Income and Capital Gains) (Sweden) Order 1987 ( S.I. No. 348 of 1987 ) and the Double Taxation Relief (Taxes on Income and Capital Gains) (Sweden) Order 1993 ( S.I. No. 398 of 1993 ). | ||
41. The Double Taxation Relief (Taxes on Income and Capital) (Swiss Confederation) Order 1967 ( S.I. No. 240 of 1967 ) and the Double Taxation Relief (Taxes on Income and Capital) (Swiss Confederation) Order 1984 ( S.I. No. 76 of 1984 ). | ||
42. The Double Taxation Relief (Taxes on Income and Capital Gains) (United Kingdom) Order 1976 ( S.I. No. 319 of 1976 ), the Double Taxation Relief (Taxes on Income and Capital Gains) (United Kingdom) Order 1995 ( S.I. No. 209 of 1995 ) and the Double Taxation Relief (Taxes on Income and Capital Gains) (United Kingdom of Great Britain and Northern Ireland) Order 1998 ( S.I. No. 494 of 1998 ). | ||
43. The Double Taxation Relief (Taxes on Income and Capital Gains) (United States of America) Order 1997 ( S.I. No. 477 of 1997 ) and the Double Taxation Relief (Taxes on Income and Capital Gains) (United States of America) Order 1999 ( S.I. No. 425 of 1999 ). | ||
44. The Double Taxation Relief (Taxes on Income) (Republic of Zambia) Order 1973 ( S.I. No. 130 of 1973 ). | ||
45. The Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (European Community) Order 1994 ( S.I. No. 88 of 1994 ) as amended by the Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (European Communities) Order 2004 ( S.I. No. 40 of 2004 ), the Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (Republic of Austria, Republic of Finland and Kingdom of Sweden) Order 2004 ( S.I. No. 41 of 2004 ) and the Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (Accession States) Order 2006 ( S.I. No. 112 of 2006 ). | ||
PART 2 | ||
Arrangements, Pursuant to Section 826(1A) in Relation to Affording Relief from Double Taxation of Air Transport Undertakings and their Employees, Made by the Government and Specified in Orders Made by the Government | ||
Double Taxation Relief (Air Transport Undertakings and their Employees) (Union of Soviet Socialist Republics) Order 1987 ( S.I. No. 349 of 1987 ). | ||
PART 3 | ||
Arrangements, Pursuant to Section 826(1B) in Relation to Exchange of Information Relating to Tax and in Relation to Other Matters Relating to Tax”. | ||
(2) Schedule 2 applies for the purposes of supplementing subsection (1). | ||
(3) This section has effect as on and from the passing of this Act. |