Act Approving The Protocol, Done At Brussels On 8 March 2010, Amending The Convention Between The Kingdom Of Belgium And The Republic Of Korea For The Avoidance Of Double Taxation And Fiscal Evasion With Respect To Taxes On Income,

Original Language Title: Loi portant assentiment au Protocole, fait à Bruxelles le 8 mars 2010, modifiant la Convention entre le Royaume de Belgique et la République de Corée tendant à éviter la double imposition et à prévenir l'évasion fiscale en matière d'impôts sur le revenu,

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015256&caller=list&article_lang=F&row_id=100&numero=125&pub_date=2016-01-15&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-01-15 Numac: 2014015256 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 26 December 2013 development COOPERATION. -Act approving the Protocol, done at Brussels on 8 March 2010, amending the Convention between the Kingdom of Belgium and the Republic of Korea, on avoidance of double taxation and prevent fiscal evasion with respect to taxes on income, signed at Brussels on 29 August 1977, as modified by the Supplementary Convention signed at Brussels on 20 April 1994 (1) (2) (3) PHILIPPE , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Protocol, done at Brussels on 8 March 2010, amending the Convention between the Kingdom of Belgium and the Republic of Korea for the avoidance of double taxation and prevent fiscal evasion with respect to taxes on income, signed at Brussels on 29 August 1977, as amended by the Supplementary Convention signed at Brussels on 20 April 1994 , will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given Ciergnon, December 26, 2013.
PHILIPPE by the King: the Deputy Prime Minister and Minister for Foreign Affairs, Didier REYNDERS Finance Minister, Koen Geens sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2121 annals of the Senate: 18/07/2013 House of representatives (www.lachambre.be): Documents: complete record 53-2976: 2013-11-14.
(2) effective date: 01/12/2015 (3) see Decree of the Flemish community / the Flemish Region June 7, 2013 (Moniteur belge of 3 July 2013), Decree of the German-speaking community for September 17, 2013 (Moniteur belge of 9 October 2013), Decree of the Walloon Region from October 16, 2015 (Moniteur belge of 29 October 2015), order of the Region of Brussels - capital of March 27, 2014 (Moniteur belge of 9 may 2014 - Ed.2) Decree of the French community of October 21, 2015 (Moniteur belge of 17 November 2015).
Translation Protocol amending the CONVENTION between the Kingdom of Belgium and the Republic of Korea for A avoid the DOUBLE taxation and A prevent the escape tax for the income tax, signed A Brussels on 29 August 1977, as amended by the additional signed agreement in Brussels on 20 April 1994, the Government of the Kingdom of Belgium and the Government of the Republic of Korea (hereinafter referred to as "the Contracting States") , Desiring to amend the Convention between the Kingdom of Belgium and the Republic of Korea for the avoidance of double taxation and fiscal evasion with respect to taxes on income, signed at Brussels on 29 August 1977, as amended by the additional agreement signed in Brussels on 20 April 1994 (hereinafter referred to as "the Convention"), have agreed to the following provisions : ARTICLE 1 the text of article 25 of the Convention is replaced by the following provisions: 1. the competent authorities of the Contracting States shall exchange such information likely to be relevant to the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of any nature or description levied by, or on behalf of the Contracting States insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by articles 1 and 2.
2. the information received under paragraph 1 by a Contracting State are kept secret in the same manner as information obtained in application of the domestic laws of that State and are communicated only to persons or authorities (including courts and administrative bodies) involved in the establishment or the collection of taxes referred to in paragraph 1, by the procedures or proceedings in respect of those taxes by decisions on appeals related to these taxes, or the control of the foregoing. These persons or authorities use this information for these purposes only. They can reveal such information public hearings of courts or in judgments.
3. the provisions of paragraphs 1 and 2 may not be interpreted as imposing a State Contracting obligation: (a) administrative measures derogating from its legislation and its administrative practice or those of the other Contracting State;
(b) to provide information that could be obtained on the basis of its legislation or in the context of its normal administrative practice or those of the other Contracting State;
(c) to provide information that would reveal a commercial, industrial or professional secret or trade process, or information the disclosure of which would be contrary to public order.
4. If information is requested by a Contracting State in accordance with the provisions of this article, the other Contracting State uses the powers available to it to obtain the information requested, even if there in no need for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations provided for in paragraph 3 of this article unless these limitations are likely to prevent a Contracting State to provide information only because they are not of interest to him in the national framework.
5. the provisions of paragraph 3 of this article may in no case be interpreted as allowing a Contracting State to withhold information only because they are held by a Bank, other financial institution, a trust, a Foundation, an agent or a person acting as an agent or trustee or because the information relate to the rights of property of a person. To obtain this information, the tax authorities of the requested Contracting State has the power to request information and to carry out investigations and hearings notwithstanding any contrary provision in its domestic tax legislation."
ARTICLE 2 each Contracting State shall notify, through diplomatic channels, to the other Contracting State the completion of the procedures required by its law for the entry into force of the present Protocol. This Protocol shall enter into force on the date of receipt of the latter of these notifications and its provisions shall have effect: (a) the taxes due at source on income allocated or paid from 1 January of the year next following that of the entry into force of the Protocol;
(b) to other taxes on income of taxable periods commencing from 1 January of the year next following that of the entry into force of the Protocol;
(c) in relation to the other taxes collected by or on behalf of the Contracting States, to all other tax payable in respect of taxable events occurring from 1 January of the year next following that of the entry into force of the Protocol.
ARTICLE 3 this Protocol, which is part of the Convention, shall remain in force so long that the Convention remains in force and will apply as long as the Convention itself applies.
IN witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Protocol.
DONE at Brussels, 8 March 2010, in duplicate, in the English language.

PROTOCOL AMENDING THE CONVENTION BETWEEN THE KINGDOM OF BELGIUM AND THE REPUBLIC OF KOREA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME, SIGNED AT BRUSSELS ON 29 AUGUST 1977, AS AMENDED BY THE SUPPLEMENTARY CONVENTION SIGNED AT BRUSSELS ON 20 APRIL 1994 ARTICLE 1 The text of Article 25 of the Convention shall be replaced by the following : "1. The competent authorities of the Contracting States shall exchange such information as is foeseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed by or on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Convention.» The exchange of information is not restricted by Articles 1 and 2.
2 Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1 , or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
3 In no. case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
(b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;
(c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the

disclosure of which would be contrary to public policy (ordre public).
4. if information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 of this Article but in no. case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no. domestic interest in such information.
5 In no. case shall the provisions of paragraph 3 of this Article be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, trust, foundation, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person. "In order to obtain such information the tax administration of the requested Contracting State shall have the power to ask for the disclosure of information and to conduct investigations and hearings notwithstanding any contrary provisions in its domestic tax laws."
ARTICLE 2 Each Contracting State shall notify the other, through diplomatic channels, of the completion of the procedures required by its law for the entry into force of this Protocol. This Protocol shall enter into force on the date of receipt of the later of these notifications and its provisions shall have effect: (a) with respect to taxes due at source on income credited payable gold on or after the first day of January of the year next following that in which the Protocol enters into force;
(b) with respect to other taxes charged on income of taxable periods beginning on or after the first day of January of the year next following that in which the Protocol enters into force;
(c) with respect to any other taxes imposed by or on behalf of the Contracting States, on any other tax due in respect of taxable events taking place on or after the first day of January of the year next following that in which the Protocol enters into force.
ARTICLE 3 This Protocol, which shall form an integral part of the Convention, shall remain in force as long as the agreement remains in force and shall apply as long as the Convention itself is applicable.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.
DONE in duplicate at Brussels, on this 8 th day of March 2010, in the English language.