STATUTORY INSTRUMENTS

S.I. No. 41 of 2004

Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (Republic of Austria, Republic of Finland and Kingdom of Sweden) Order, 2004

(Prn: 1995)                                                                                   Price: €3.05
WHEREAS it is enacted by section 826 (1) of the Taxes Consolidation Act 1997 (No. 39 of 1997), that 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, corporation tax in respect of income and chargeable gains 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 sections 826 and 835 of that Act, the arrangements shall, notwithstanding any enactment, have the force of law:

AND WHEREAS it is further enacted by section 826(6) of the above mentioned Act that where such an order is proposed to be made, a draft thereof shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann:

AND WHEREAS a draft of the following Order has been laid before Dáil Éireann and a resolution approving of the draft has been passed by Dáil Éireann:

NOW, the Government, in exercise of the powers conferred on them by section 826(1) of the Taxes Consolidation Act 1997 (No. 39 of 1997),hereby order as follows:

1.           This Order may be cited as 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.

2.         It is hereby declared -

(a)     that by virtue of the Convention the text of which, excluding that of the Annexes thereto, is set out in the Schedule to this Order and which was entered into by the Governments of the Member States of the European Communities in relation to the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (“the three States”) to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, opened for signature in Brussels on 23 July 1990, arrangements have been made with the three States in relation to affording relief from double taxation in respect of income tax or corporation tax and any taxes of a similar character, imposed by the laws of the State or by the laws of the three States, and

            (b)        that it is expedient that those arrangements should have the                  force of law.

SCHEDULE

CONVENTION

on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises

(96/C 26/01)

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY,

CONSIDERING that the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, in becoming members of the Union, undertook to accede to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, opened for signature in Brussels on 23 July 1990,

HAVE DECIDED to conclude this Convention and to this end have designated as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS:

            Mr Philippe de SCHOUTHEETE de TERVARENT

            Ambassador,

            Permanent Representative of Belgium to the European Union;

HER MAJESTY THE QUEEN OF DENMARK:

            Mr Poul SKYTTE CHRISTOFFERSEN

            Ambassador,

            Permanent Representative of Denmark to the European Union;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

            Mr Jochen GRÜNHAGE

            Deputy Permanent Representative of the Federal Republic of   Germany to the European Union;

THE PRESIDENT OF THE HELLENIC REPUBLIC:

            Mr Pavlos APOSTOLIDES

            Ambassador,

            Permanent Representative of the Hellenic Republic to the European    Union;

HIS MAJESTY THE KING OF SPAIN:

            Mr Francisco Javier ELORZA CAVENGT

            Ambassador,

            Permanent Representative of Spain to the European Union;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Pierre de BOISSIEU

Ambassador,

Permanent Representative of the French Republic to the European Union;

THE PRESIDENT OF IRELAND:

Mr Denis O’LEARY

Ambassador,

Permanent Representative of Ireland to the European Union;

THE PRESIDENT OF THE ITALIAN REPUBLIC:

Mr Luigi GUIDOBONO CAVALCHINI GAROFOLI

Ambassador,

Permanent Representative of the Italian Republic to the European Union;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:

Mr Jean-Jacques KASEL

      Ambassador,

Permanent Representative of Luxembourg to the European Union;

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

      Mr Bernard R. BOT

Ambassador,

Permanent Representative of the Netherlands to the European Union;

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA:

      Mr Manfred SCHEICH

      Ambassador,

      Permanent Representative of the Republic of Austria to the European Union;

THE PRESIDENT OF THE PORTUGUESE REPUBLIC:

      Mr José Gregório FARIA QUITERES

Ambassador,

Permanent Representative of the Portuguese Republic to the European Union;

THE PRESIDENT OF THE REPUBLIC OF FINLAND:

Mr Antti SATULI

Ambassador,

Permanent Representative of the Republic of Finland to the European Union;

THE GOVERNMENT OF THE KINGDOM OF SWEDEN:

      Mr Frank BELFRAGE

Ambassador,

Permanent Representative of Sweden to the European Union;

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

Mr J. S. WALL C. M. G.,  L. V. O

Ambassador,

Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the European Union;

WHO, meeting within the Committee of Permanent Representatives of the Member States to the European Union and having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

The Republic of Austria, the Republic of Finland and the Kingdom of Sweden hereby accede to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, opened for signature in Brussels on 23 July 1990.

ARTICLE 2

The Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises is hereby amended as follows:

1.         In Article 2 (2):

            (a)       subparagraph (k) shall become subparagraph (I):

            (b)       the following subparagraph (k) shall be added after         subparagraph (j):

                        ‘(k)       in Austria:

                                    - Einkommensteuer,

                                    - Körperschaftsteuer;’;

(c)        subparagraph (I) shall become subparagraph (o);

(d)       the following subparagraphs (m) and (n) shall be added after     subparagraph (I):

‘(m) in Finland:

- valtion tuloverot/de statliga inkomstskatterna,

- yhteisöjen tulovero/inkomstskatten för samfund,

- kunnallisvero/kommunalskatten,

- kirkollisvero/kyrkoskatten,

- korkotulon    lähdevero/källskatten     å ränteinkomst,

 - rajoitetusti verovelvollisen lähdevero/källskatten för     begränsat skattskyldig;

            (n) in Sweden:

                                    - statliga inkomstskatten,

                                    - kupongskatten,

                                    - kommunala inkomstskatten,

                                    - lagen om expansionsmedel;’.

2.         The following shall be added to Article 3 (1):

            ‘- in Austria:

              Der Bundesminister für Finanzen or an authorized representative,

            - in Finland:

              Valtiovarainministeriö or an authorized representative,

              Finansministeriet or an authorized representative,

            - in Sweden:

              Finansministern or an authorized representative;’.

ARTICLE 3

The Secretary-General of the Council of the European Union shall transmit a certified copy of the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

The text of the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises in the Finnish and Swedish languages is set out in Annexes I and II to this Convention.[1]  The texts drawn up in the Finnish and Swedish languages shall be authentic under the same conditions as the other texts of the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises.

ARTICLE 4

This Convention shall be ratified by the Contracting States.  The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Union.

ARTICLE 5

This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Republic of Austria or the Republic of Finland or the Kingdom of Sweden and by one State which has ratified the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises.

This Convention shall enter into force for each Contracting State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

ARTICLE 6

The Secretary-General of the Council of the European Union shall notify the Contracting States of:

(a)       the deposit of each instrument of ratification;

(b)       the dates of entry into force of this Convention.

ARTICLE 7

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all 12 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to the Governments of each Contracting State.

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Convenio.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne konvention.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Übereinkommen gesetzt.