Law Approving The Protocol Between The Kingdom Of Belgium And The Republic Of Austria, And The Additional Protocol, Facts In Brussels On September 10, 2009, Amending The Convention For The Avoidance Of Double Taxation And Set Some Other

Original Language Title: Loi portant assentiment au Protocole entre le Royaume de Belgique et la République d'Autriche, et au Protocole additionnel, faits à Bruxelles le 10 septembre 2009, modifiant la Convention en vue d'éviter les doubles impositions et de régler certaines autr

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

30 NOVEMBER 2015.- An Act to approve the Protocol between the Kingdom of Belgium and the Republic of Austria, and the Additional Protocol, made in Brussels on 10 September 2009, to amend the Convention with a view to avoiding double taxation and to address certain other issues relating to income and property taxes, including taxes on land and property taxes, signed in Vienna on 29 December 1971 (1)(2)(3)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Protocol between the Kingdom of Belgium and the Republic of Austria, and the Additional Protocol, made in Brussels on 10 September 2009, amending the Convention with a view to avoiding double taxation and resolving certain other issues relating to income and property taxes, including taxes on land and property taxes, signed in Vienna on 29 December 1971, will come out their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 30 November 2015.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
The Minister of Finance,
J. VAN OVERTVELDT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: 54-1248
Full report: 26 October 2015
(2) See Decree of the Flemish Community/ Flemish Region of 07/06/2013 (Moniteur belge of 09/07/2013), Decree of the French Community of 25/06/2015 (Moniteur belge of 08/07/2015 (Ed.2)), Decree of the German-speaking Community of 24/09/2012 (Moniteur belge of 24/10/2012 (Ed.2) ), Decree of the Walloon Region of 12/03/2015 (Moniteur belge of 24/03/2015)
(3) Effective date: 1er March 2016
PROTOCOLE
ENTER
BELGIUM ROYAUME
AND
LA REPUBLIQUE D'AUTRICHE
AND
ADDITIONAL PROTOCOL
MODIFIANT
THE CONVENTION
THE IMPOSAL DOUBLES
OTHER MATTERS
IN MATIERE D'IMPOTS SUR LE REVENU ET SUR LA FORTUNE,
INCLUDING IMPOT ON FUNCIARY EXPLOITATIONS AND IMPOTS,
SIGNEE TO VIENNA 29 DECEMBER 1971
BELGIUM ROYAUME
AND
THE REPUBLIC OF AUTRICHE,
WHEREAS to conclude an Additional Protocol and Protocol amending the Convention with a view to avoiding double taxation and resolving certain other issues relating to income and property taxes, including land and property taxes, signed in Vienna on 29 December 1971,
(hereinafter referred to as "the Convention"),
AGAINST the following:
Article 1er
Article 26 of the Convention is deleted and replaced by the following provisions:
"ARTICLE 26
Exchange of information
1. The competent authorities of the Contracting States shall exchange the information likely to be relevant to the application of the provisions of this Convention or for the administration or application of the domestic law relating to the taxation of any kind or denominations perceived by or on behalf of the Contracting States to the extent that the taxation it provides is not contrary to the Convention. The exchange of information is not restricted by sections 1 and 2.
2. Information received under paragraph 1er by a Contracting State shall be held secret in the same manner as the information obtained under the domestic law of that State and shall be communicated only to the persons or authorities (including the courts and administrative bodies) concerned by the establishment or collection of the taxes referred to in paragraph 1er, by the procedures or prosecutions relating to these taxes, by the decisions on remedies relating to these taxes, or by the control of the foregoing. These individuals or authorities only use this information for these purposes. They may disclose this information in public court hearings or judgments. Notwithstanding the foregoing, the information received by a Contracting State may be used for other purposes where this is the result of the laws of both States and where the competent authority of the State providing the information authorizes such use.
3. The provisions of paragraphs 1er and 2 may in no case be construed as imposing on a Contracting State the obligation:
(a) take administrative measures derogating from its legislation and administrative practice or those of the other Contracting State;
(b) provide information that could not be obtained on the basis of its legislation or in the course of its normal administrative practice or those of the other Contracting State;
(c) provide information that would reveal a commercial, industrial, professional or commercial secret or information that would be contrary to public order.
4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use the powers available to it to obtain the information requested, even if it does not need it for its own tax purposes. The obligation contained in the previous sentence shall be subject to the limitations provided for in paragraph 3 unless such limitations are likely to prevent a Contracting State from communicating information solely because they do not have an interest in it in the national context.
5. The provisions of paragraph 3 shall not in any case be construed as allowing a Contracting State to refuse to disclose information solely because it is held by a bank, other financial institution, trust, foundation, agent or person acting as an agent or trustee or because that information relates to the property rights of a person. In order to obtain this information, the tax administration of the requested Contracting State has the power to request the communication of information and to conduct investigations and hearings notwithstanding any contrary provision of its domestic tax legislation. "
Article 2
Each Contracting State shall notify, through diplomatic channels, the other Contracting State of the fulfilment of the procedures required by its legislation for the entry into force of this Protocol. The Protocol shall enter into force on the first day of the third month immediately following the date of receipt of the second notification referred to above. The provisions of this Protocol shall apply:
(a) taxes due to the source on income awarded or paid from 1er January of the year immediately following that of the entry into force of the Protocol;
(b) other taxes on taxable period income starting from 1er January of the year immediately following that of the entry into force of the Protocol;
(c) in respect of other taxes collected by or on behalf of the Contracting States, any other tax due to taxable events occurring from 1er January of the year immediately following that of the entry into force of the Protocol.
Article 3
This Protocol, which is an integral part of the Convention, will remain in force as long as the Convention remains in force and will apply as long as the Convention itself is applicable.
IN WITNESS WHEREOF, the Plenipotentiaries of the two Contracting States, to that duly authorized, have signed this Protocol.
DONE in Brussels on 10 September 2009, in double copy, in German, French and Dutch languages, all texts being equally authentic.

ADDITIONAL PROTOCOL
At the time of the signing of the Protocol to amend the Convention with a view to avoiding dual taxation and resolving certain other issues relating to income and property taxes, including taxes on land and property taxes, concluded this day between the Kingdom of Belgium and the Republic of Austria, the undersigned agreed that the following provisions are an integral part of the Protocol:
Ad article 26:
1. The competent authority of the requesting State shall provide the following information to the competent authority of the requested State when submitting a request for information under the Convention in order to demonstrate the likely relevance of the requested information:
(a) the identity of the person under review or investigation;
(b) the information sought, including its nature and the form in which the requesting State wishes to receive the information of the requested State;
(c) the tax purpose in which the information is requested;
(d) the reasons that suggest that the requested information is held in the requested State or is in the possession or control of a person within the jurisdiction of the requested State;
(e) the name and address of any person who is expected to be in possession of the information requested;
(f) a statement stating that the requesting State has used to obtain the information all available means in its own territory, other than those that would cause disproportionate difficulties.
2. It is understood that the exchange of information provided for in section 26 does not include the "go fishing for information" ("fishing expeditions").
3. It is understood that Article 26, paragraph 5, does not require Contracting States to exchange information automatically or spontaneously.
4. It is understood that, in addition to the above principles, the principles set out in the OECD Comments are also taken into account in interpreting Article 26.
IN WITNESS WHEREOF, the Plenipotentiaries of the two Contracting States, to that duly authorized, have signed this Additional Protocol.
DONE in Brussels on 10 September 2009, in double copy, in German, French and Dutch languages, all texts being equally authentic.