The Double Taxation Relief and International Tax Enforcement (Isle of Man) Order 2013

Draft Order in Council laid before the House of Commons under section 5(2) of the Taxation (International and Other Provisions) Act 2010 and section 173(7) of the Finance Act 2006, for approval by resolution of that House.

Draft Statutory Instruments

2013 No. 0000

Taxes

The Double Taxation Relief and International Tax Enforcement (Isle of Man) Order 2013

Made

***

At the Court at Buckingham Palace, the *** day of ***

Present,

The Queen’s Most Excellent Majesty in Council

A draft of this Order was laid before the House of Commons in accordance with section 5(2) of the Taxation (International and Other Provisions) Act 2010(1) and section 173(7) of the Finance Act 2006(2) and approved by a resolution of that House.

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 2 of the Taxation (International and Other Provisions) Act 2010 and section 173(1) to (3) of the Finance Act 2006, by and with the advice of Her Privy Council, orders as follows—

Citation

1.  This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Isle of Man) Order 2013.

Double taxation and international tax enforcement arrangements to have effect

2.  It is declared that—

(a) the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Arrangement set out in Part 2 of that Schedule, which further amend the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1955(3) have been made with the Government of the Isle of Man;

(b) the arrangements have been made with a view to affording relief from double taxation in relation to income tax and corporation tax and taxes of a similar character imposed by the laws of the Isle of Man and for the purposes of assisting international tax enforcement; and

(c) it is expedient that those arrangements should have effect.

Name

Clerk of the Privy Council

Article 2

SCHEDULE

PART 1

PART 2

EXPLANATORY NOTE

(This note is not part of the Order)

The Schedule to this Order contains arrangements comprising an Exchange of Letters and an Arrangement (“the Arrangements) amending the arrangement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Isle of Man for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (“the 1955 Arrangement”). This Order brings the arrangements into effect.

The 1955 Arrangement was scheduled to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1955 (S.I. 1955/1205) and has previously been amended by the arrangements set out in the Schedules to the Double Taxation Relief (Taxes on Income) (Isle of Man) Orders of 1991 (S.I 1991/2880) and 1994 (S.I. 1994/3208) and the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Isle of Man) Order 2009 (S.I. 2009/228).

Article 2 makes a declaration that it is expedient that the Arrangements should have effect. The Arrangements relate to the exchange of information foreseeably relevant to the carrying out of the provisions of the 1955 Arrangement or to the administration and enforcement of domestic laws concerning any United Kingdom or Isle of Man tax.

The Arrangements will enter into force on the date of the later of the notifications by each territory of the completion of its legislative procedures and take effect for information exchanged on or after that date.

The date of entry into force will, in due course, be published in the London, Edinburgh and Belfast Gazettes.

A Tax Information and Impact Note has not been produced for this Order as it gives effect to a previously announced policy to enact a double taxation agreement.

(1)

2010 c. 8.

(2)

2006 c. 25.

(3)

S.I.1955/1205; the arrangements scheduled to that Order were amended by the arrangements set out in the Schedules to S.I. 1991/2880 and S.I. 1994/3208 and in Parts 1 and 3 of the Schedule to S.I. 2009/228.