the Swiss Confederation, the Principality of Liechtenstein, the Republic of San Marino, the Principality of Monaco and the Principality of Andorra apply from that same date measures equivalent to those contained in this Directive, in accordance with agreements entered into by them with the European Community, following unanimous decisions of the Council;
Briefwisseling houdende een overeenkomst tussen het Koninkrijk der Nederlanden en Jersey betreffende belastingheffing op inkomsten uit spaargelden
Geldig van 3 februari 2005 tot 23 juli 2005
Geldig van 3 februari 2005 tot 23 juli 2005
Briefwisseling houdende een overeenkomst tussen het Koninkrijk der Nederlanden en Jersey betreffende belastingheffing op inkomsten uit spaargelden
Opschrift
Agreement in the form of an exchange of letters concerning the taxation of savings income and the provisional application thereof
Nr. I
A. Letter from the Kingdom of the Netherlands
Sir,
I have the honour to refer to the texts of respectively the “Proposed Model Agreement between each of Guernsey, Isle of Man, and Jersey and each individual EU Member State that is to apply automatic exchange of information” and the “Proposed Model Agreement between each of Guernsey, Isle of Man, and Jersey and each individual EU Member State that is to apply the withholding tax in the transitional period”, that resulted from the negotiations with the Island Authorities on a Savings Tax Agreement, and that were annexed, respectively as Annex I and Annex II, to the Outcome of Proceedings of the High Level Working Party of the Council of Ministers of the European Union of 12 March (Doc. 7408/04 FISC 58).
In view of the above mentioned texts I have the honour to propose to you the “Agreement on the taxation of savings income” as contained in Appendix 1 to this letter, and our mutual undertaking to comply at the earliest possible date with our internal constitutional formalities for the entry into force of this Agreement and to notify each other without delay when such formalities are completed.
Pending the completion of these internal procedures and the entry into force of this “Agreement on the taxation of savings income”, I have the honour to propose to you that the Kingdom of the Netherlands and Jersey apply this Agreement provisionally, within the framework of our respective domestic constitutional requirements, as from 1 January 2005, or the date of application of Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments, whichever is later.
I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement between the Kingdom of the Netherlands and Jersey.
Please accept, Sir, the assurance of our highest consideration,
For the Kingdom of the Netherlands
T. J. A. M. DE BRUIJN
Permanent Representative of the Kingdom of the Netherlands to the European Union at Brussels
DONE at Brussels, on 19 November 2004, in the English language in three copies.
Appendix Agreement on the taxation of savings income between Jersey and the Kingdom of the Netherlands
Preambule
Whereas:
Article 17 of Directive 2003/48/EEC (“the Directive”) of the Council of the European Union (“the Council”) on taxation of savings income provides that before 1 January 2004 Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive which provisions shall be applied from 1 January 2005 provided that:
- “(i)
- (ii)
all agreements or other arrangements are in place, which provide that all the relevant dependent or associated territories apply from that same date automatic exchange of information in the same manner as is provided for in Chapter II of this Directive, (or, during the transitional period defined in Article 10, apply a withholding tax on the same terms as are contained in Articles 11 and 12)”.
- “(i)
The relationship of Jersey with the EU is determined by Protocol 3 of the Treaty of Accession of the United Kingdom to the European Community. Under the terms of the Protocol Jersey is not within the EU fiscal territory.
Jersey notes that, while it is the ultimate aim of the EU Member States to bring about effective taxation of interest payments in the beneficial owner's Member State of residence for tax purposes through the exchange of information concerning interest payments between themselves, three Member States, namely Austria, Belgium and Luxembourg, during a transitional period, shall not be required to exchange information but shall apply a withholding tax to the savings income covered by the Directive.
The “withholding tax” referred to in the Directive will be referred to as the “retention tax” in Jersey's domestic legislation. For the purposes of this Agreement the two terms therefore are to be read coterminously as “withholding/retention tax” and shall have the same meaning.
Jersey has agreed to apply a retention tax with effect from 1 January 2005 provided the Member States have adopted the laws, regulations, and administrative provisions necessary to comply with the Directive, and the requirements of Article 17 of the Directive and Article 17(2) of this Agreement have generally been met.
Jersey has agreed to apply automatic exchange of information in the same manner as is provided for in Chapter II of the Directive from the end of the transitional period as defined in Article 10(2) of the Directive.
Jersey has legislation relating to undertakings for collective investment that is deemed to be equivalent in its effect to the EC legislation referred to in Articles 2 and 6 of the Directive.
Jersey and the Kingdom of the Netherlands hereinafter referred to as a “contracting party” or the “contracting parties” unless the context otherwise requires,
Have agreed to conclude the following agreement which contains obligations on the part of the contracting parties only and provides for:
the automatic exchange of information by the competent authority of the Kingdom of the Netherlands to the competent authority of Jersey in the same manner as to the competent authority of a Member State;
the application by Jersey, during the transitional period defined in Article 10 of the Directive, of a retention tax from the same date and on the same terms as are contained in Articles 11 and 12 of that Directive;
the automatic exchange of information by the competent authority of Jersey to the competent authority of the Kingdom of the Netherlands in accordance with Article 13 of the Directive;
the transfer by the competent authority of Jerseyto the competent authority of the Kingdom of the Netherlands of 75% of the revenue of the retention tax.
in respect of interest payments made by a paying agent established in a contracting party to an individual resident in the other contracting party.
For the purposes of this Agreement the term “competent authority” when applied to the contracting parties means “the Minister of Finance or his authorized representative”in respect of the Kingdom of the Netherlands and “the Comptroller of Income Tax” in respect of Jersey.