Jersey/Netherlands Tax Information Exchange Agreement Enters Into Force
by Jason Gorringe, Tax-News.com, London
24 March 2008
The Dutch government has announced that the Tax and Information Exchange agreement concluded last year by the Netherlands and Jersey went into effect at the beginning of March, 2008.
On 20 June, 2007, the Netherlands and Jersey signed two agreements: the agreement
for the exchange of information relating to tax matters and the agreement on
the access to mutual agreements procedures in connection with the adjustment
of profits of associated enterprises and the application of the Netherlands
participation exemption. Both agreements entered into force on 1 March, 2008,
the Dutch Finance Ministry has announced.
"The Tax Information Exchange Agreement shall have effect for criminal
tax matters on that date and for all other tax matters on that date, but only
in respect of taxable periods beginning on or after that date or, where there
is no taxable period, all charges to tax arising on or after that date. The
agreement on the access to mutual agreements procedures shall apply to proceedings
which are initiated after March 1, 2008," the ministry explained in a statement.
Last year, the Dutch government said that it was preparing to sign a "considerable
number" of TIEAs with offshore and onshore jurisdictions as it commenced
a drive to reduce tax evasion.
In July 2007, the Dutch newspaper Financiele Dagblad reported Robert ten Have,
head of the bilateral tax treaties department of the Dutch Finance Ministry
as announcing that the strategy was designed to allow the Dutch authorities to
"see what's going on in these territorial jurisdictions".
At this time, the Finance Ministry had already announced a list of thirty countries
that it wished to conclude tax information exchange agreements with during 2007,
and these included: Algeria, Australia, Azerbaijan, Brazil, Canada, China, Costa
Rica, Cuba, Cyprus, France, Germany, Ghana, Hong Kong, Indonesia, Iran, the
Isle of Man, Japan, Kenya, Kyrgyzstan, Libya, Malaysia, Mexico, Peru, Saudi-Arabia,
South Korea, Switzerland, Turkey, Turkmenistan, the United Arab Emirates and
the United Kingdom.
The Netherlands also signed a ground-breaking economic agreement with the Isle
of Man in 2005, which included as part of the deal a TIEA, a transfer pricing
agreement, a double taxation avoidance agreement and a shipping and aircraft
taxation agreement.
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