The Visiting Forces (Income Tax and Capital Gains Tax) (Designation) Order 1998

Statutory Instruments

1998 No. 1514

DEFENCE

The Visiting Forces (Income Tax and Capital Gains Tax) (Designation) Order 1998

Made

24th June 1998

Coming into force

in relation to each country specified in article 2, the date determined in accordance with article 1(2)

At the Court at Buckingham Palace, the 24th day of June 1998

Present,

The Queen’s Most Excellent Majesty in Council

Whereas section 323 of the Income and Corporation Taxes Act 1988(1) provides for exemptions from income tax in respect of members of visiting forces of designated countries and members of civilian components of such forces; and further provides that for the purposes of that section “designated” means designated for the purpose in question by or under any Order in Council made for giving effect to any international agreement:

And whereas section 11(1) of the Taxation of Chargeable Gains Act 1992(2) extends the said section 323 of the Income and Corporation Taxes Act 1988 so as to provide for exemption from capital gains tax in respect of members of visiting forces of designated countries and members of civilian components of such forces:

And whereas this Order is an Order made for giving effect to the following international agreements, namely, the Agreement regarding the Status of Forces of Parties to the North Atlantic Treaty dated 19th June 1951(3), and the Agreement among the States Parties to the North Atlantic Treaty and the Other States Participating in the Partnership for Peace regarding the Status of their Forces dated 19th June 1995(4):

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by the said section 323 of the Income and Corporation Taxes Act 1988 and the said section 11(1) of the Taxation of Chargeable Gains Act 1992, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

(1)

1988 c. 1. Section 323 was amended by paragraph 4 of Schedule 14 to the Finance Act 1990 (c. 29).

(2)

1992 c. 12.

(3)

Cmd. 9363.

(4)

Cmd. 3237.