Law Approving The Protocol, Done At Paris On 24 June 2009, Amending The Convention Between The Government Of The Kingdom Of Belgium And The Government Of The United Kingdom Of Great Britain And Northern Ireland For The Avoidance Of Double Taxation And P

Original Language Title: Loi portant assentiment au Protocole, fait à Paris le 24 juin 2009, modifiant la Convention entre le Gouvernement du Royaume de Belgique et le Gouvernement du Royaume-Uni de Grande-Bretagne et d'Irlande du Nord tendant à éviter la double imposition et à p

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2011015096&caller=list&article_lang=F&row_id=1400&numero=1407&pub_date=2012-12-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-12-28 Numac: 2011015096 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 19 August 2011. -Act approving the Protocol, done at Paris on 24 June 2009, amending the Convention between the Government of the Kingdom of Belgium and the Government of the United Kingdom of Great Britain and Northern Ireland, on avoidance of double taxation and prevent fiscal evasion with respect to taxes on income and on capital gains, signed at Brussels on 1 June 1987 (1) (2) (3) ALBERT II , 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 Paris on 24 June 2009, amending the Convention between the Government of the Kingdom of Belgium and the Government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and prevent fiscal evasion with respect to taxes on income and capital gains, signed at Brussels on 1 June 1987 , 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 in Brussels, August 19, 2011.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, S. VANACKERE Deputy Prime Minister and Minister of finance, D. REYNDERS sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) Session 2010-2011.
Senate: Documents.
Bill filed April 20, 2011, no. 5 - 965/1.
Amendments n ° 5 - 965/2.
Report on behalf of the Committee, no 5-965/3.
Text adopted by the commission n ° 5-965/4.
Parliamentary Annals.
Discussion, session of June 9, 2011.
Vote, meeting of June 9, 2011.
Room: Documents.
Draft transmitted by the Senate, no. 53-1578/1.
Text adopted in plenary meeting and submitted to the Royal assent, no. 53-1578/2.
Parliamentary Annals.
Discussion, July 7, 2011 meeting.
Vote, July 7, 2011 meeting.
(2) see Decree of the Flemish Community/Region of 13 July 2012 (Moniteur belge of 11 September 2012 - ed. 2), Decree of the French community of 19 April 2012 (Moniteur belge of 27 June 2012, ed. 1) Decree of the German-speaking community of September 24, 2012 (Moniteur belge of 24 October 2012 - Ed.) 2, Decree of the Walloon Region from 26 April 2012 (Moniteur belge of 22 may 2012 - Ed 1) Order of the Brussels-Capital Region by December 21, 2012.
(3) Ce Protocole enters into force on December 24, 2012, in accordance with article XX, 1.

Protocol amending the Convention between the Government of the Kingdom of Belgium and the Government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, signed at Brussels on 1 june 1987 The Government of the Kingdom of Belgium and the Government of the United Kingdom of Great Britain and Northern Ireland , Desiring to amend the Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, signed at Brussels on 1 June 1987 (hereinafter referred to as "the Convention"), Have agreed as follows: ARTICLE I The text of Article 2 of the Convention is deleted and replaced by the following: ' 1 This Convention shall apply to taxes on income and on capital gains imposed on behalf of a Contracting State. or of its political subdivisions or local authorities, irrespective of the manner in which they are levied.
2 There shall be regarded as taxes on income and on capital gains all taxes imposed on total income or on elements of income, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation.
3. The existing taxes to which the Convention shall apply are in particular: (a) in the United Kingdom: (i) the income tax;
(ii) the corporation tax;
(iii) the capital gains tax;
(iv) the petroleum revenue tax;
(hereinafter referred to as "United Kingdom tax");
(b) in Belgium: (i) the individual income tax (the tax of physical persons - personenbelasting);
(ii) the corporate income tax (the tax of companies - vennootschapsbelasting);
(iii) the income tax on legal entities (the income tax of legal persons - rechtspersonenbelasting);
(iv) the income tax on non-residents (the taxation of non-residents - belasting van niet-inwoners);
including the prepayments and the surcharges on these taxes and prepayments;
(hereinafter referred to as "Belgian tax").
4. The Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes that have been made in their taxation laws. ' SECTION II 1. The text of paragraph 1 (i) of Article 3 of the Convention is deleted and replaced by the following: "(i) the term"international traffic"means any transport by a ship, an aircraft or a road or railway vehicle operated by an enterprise of a Contracting State, except when the ship, aircraft or road or railway vehicle is operated solely between places in the other Contracting State;
2. The text of paragraph 1 (j) of Article 3 of the Convention is deleted and replaced by the following: "(j) the term"competent authority"means: (i) in the United Kingdom, the Commissioners for Her Majesty's Revenue and Customs or their authorised representative; And (ii) in Belgium, the minister of Finance or his authorised representative; "3. The following sub-paragraph (l) is inserted in paragraph 1 of Article 3 of the Convention:" (l) the term "pension scheme" means any plan, scheme, fund, trust or other arrangement established in a Contracting State: (i) to the extent that it is operated to administer or provide pension or retirement benefits gold to earn income for the benefit of one gold more such arrangements. (, and (ii) provided that it is either: A) in the case of Belgium, an entity, including pension funds, or a pension scheme arranged through an insurance company, that is organised under Belgian law and is regulated by the Banking, Finance and Insurance Commission or registered with the Belgian tax administration; or B) in the case of the United Kingdom, a pension scheme (other than a social security scheme) registered under Part 4 of the Finance Act 2004, including pension funds or pension schemes arranged through insurance companies and unit trusts where the unit holders are exclusively pension schemes.
The competent authorities may agree to include in the above pension schemes of identical or substantially similar economic or legal nature. "ARTICLE III 1. The text of paragraph 1 of Article 4 of the Convention is deleted and replaced by the following: "1. For the purposes of this Convention, the term"resident of a Contracting State"means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management, place of incorporation or any other criterion of a similar nature. '' However, this term does not include any person who is liable to tax in a Contracting State in respect only of income from sources in that State. ' 2. The following paragraph 5 is inserted in Article 4 of the Convention: "5. The term"resident of a Contracting State"includes: (a) a pension scheme established in that State; and (b) a non-profit organization that is established and is operated exclusively for religious, charitable, scientific, cultural or educational purposes (or for more than one of those purposes) which is a resident of that State according to its laws, notwithstanding that all or part of its income or gains may be exempt from tax under the domestic law of that State. ' ARTICLE IV Article 8 of the Convention is deleted and replaced by the following: 'Article 8 Shipping and Air Transport 1. Profits of an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State.
2 The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. ' ARTICLE V The text of Article 10 of the Convention is deleted and replaced by the following: ' 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be tax in that other State. ''
2. However, such dividends may also be tax in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the dividends.
3 Notwithstanding the provisions of paragraph 2 of this Article, dividends shall not be tax in the Contracting State of which the company paying the dividends is a resident if the beneficial owner of the dividends is: (a) a company which is a resident of the other Contracting State and which holds, for an uninterrupted period of at least twelve months , shares representing directly at least 10 per cent of the capital of the company paying the dividends;
(b) a pension scheme which is a resident of the other Contracting State, provided that such dividends are not derived from the carrying on of a business by the pension scheme or through an associated enterprise.
4 Notwithstanding the provisions of paragraphs 2 and 3, (a) of this Article, dividends paid out of income (including earnings) derived directly

or indirectly from immovable property within the meaning of Article 6 of this Convention by an investment vehicle resident of a Contracting State whose income from such immovable property is free from tax and which distributes most of that income may also be tax annually in that State and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State , the tax so charged shall not exceed 15 per cent of the gross amount of the dividends.
The provisions of paragraphs 2, 3 and 4 of this Article shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
5. The term "dividends" as used in this Article means income from shares, "jouissance" shares or "jouissance" rights, mining shares, founders' shares or other rights, not being debt-claims, participating in profits, as well as any other item which is subjected to the same taxation treatment as income from shares by the laws of the State of which the paying company is a resident.
6. The provisions of paragraphs 1, 2, 3 and 4 of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State, of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein , and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14 of this Convention, as the case may be, shall apply.
7 Where a company is a resident of a Contracting State, the other Contracting State may not impose any tax on the dividends paid by the company to a resident of the first-mentioned State, or subject the company's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. The provisions of this paragraph shall not prevent that other State from taxing dividends related to a holding which is effectively connected with a permanent establishment or a fixed base operated in that other State by a resident of the first-mentioned State.
8. no relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment. ' ARTICLE VI The text of Article 11 of the Convention is deleted and replaced by the following: ' 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be tax in that other State. ''
2. However, such interest may also be tax in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest.
3 Notwithstanding the provisions of paragraph 2, interest shall be exempted from tax in the Contracting State in which it arises if it is: (a) interest paid in respect of a loan of any kind granted or a credit extended by an enterprise to another enterprise;
(b) interest paid to a pension scheme, provided that such interest is not derived from the carrying on of a business by the pension scheme or through an associated enterprise.
(c) interest paid to the other Contracting State, to one of its political subdivisions or local authorities or to a public entity.
4. The term "interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, but does not include penalty charges for late payment or income dealt with in Article 10 of this Convention.
5 The provisions of paragraphs 1, 2 and 3 of this Article shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein , and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case, the provisions of Article 7 or Article 14 of this Convention, as the case may be, shall apply.
6. interest shall be deemed to arise in a Contracting State when the pay is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.
7. Where, by reason of a special relationship between the pay and the beneficial owner or between both of them and some other person, the amount of the interest exceeds, for whatever reason, the amount which would have been agreed upon by the pay and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
8. no relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the debt-claim in respect of which the interest is paid to take advantage of this Article by means of that creation or assignment. "ARTICLE VII 1.
The text of paragraph 1 of Article 12 of the Convention is deleted and replaced by the following: ' 1. Royalties arising in a Contracting State and beneficially owned by a resident of the other Contracting State shall be taxable only in that other State. ''
2 The following paragraphs 5 and 6 are inserted in Article 12 of the Convention: "5 Royalties shall be deemed to arise in a Contracting State when the pay is that State itself, a political subdivision, a local authority or a resident of that State. '' Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.
6. no relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the royalties are paid to take advantage of this Article by means of that creation or assignment. "ARTICLE VIII The text of paragraph 3 of Article 13 of the Convention is deleted and replaced by the following: ' 3 Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State. '. "ARTICLE IX 1. The text of paragraph 3 of Article 15 of the Convention is deleted and replaced by the following: ' 3. Notwithstanding the preceding provisions of this Article, remuneration derived by a resident of a Contracting State in respect of an employment exercised aboard a ship, an aircraft or a road or railway vehicle operated in international traffic, shall be taxable only in that State. ''
2 The following paragraph 4 is inserted in Article 15 of the Convention: "4 year employment is exercised in a Contracting State when the activity in respect of which the salaries, wages and other similar remuneration are paid, is effectively carried on in that State. ''
The activity is effectively carried on in a Contracting State when the employee is physically present in that State for carrying on the activity, irrespective of the place in which the contract of employment was made, the residence of the use or of the person paying the remuneration, the place or time of payment of the compensation, or the place where the results of the employee's work are exploited. If an activity is effectively carried on in a Contracting State, only that part of the remuneration that is attributable to such activity may be tax in that State. ' ARTICLE X Article 16 of the Convention is deleted and replaced by the following: 'Article 16 Company Managers 1.
Directors' fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State may be tax in that other State. This paragraph shall also apply to payments derived in respect of the discharge of functions which, under the laws of the Contracting State of which the

company is a resident, are regarded as functions of a similar nature to those exercised by a member of the board of directors or a similar organ of a company.
2. Remuneration derived by a person referred to in paragraph 1 of this Article from a company which is a resident of a Contracting State in respect of the discharge of day-to-day functions of a managerial or technical nature and remuneration received by a resident of a Contracting State in respect of his personal activity as a partner in a company , other than a company with share capital, which is a resident of Belgium, shall be taxable in accordance with the provisions of Article 15 of this Convention, as if such remuneration were remuneration derived by an employee in respect of an employment and as if references to the "use" were references to the company. ' ARTICLE XI The text of Article 18 of the Convention is deleted and replaced by the following: ' Subject to the provisions of Article 19 (a) pensions and other similar remuneration arising in a Contracting State and paid to a resident of the other Contracting State shall be taxable only in the first-mentioned State;
(b) however, where pensions and other similar remuneration under a pension scheme were first credited or paid before 1 January in the calendar year next following that in which the first Protocol to this Convention entered into force, all payments under that scheme shall be taxable only in the other State. ' ARTICLE XII The text of Article 19 of the Convention is deleted and replaced by the following: ' (1. has) Salaries, wages and other similar remuneration paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. ''
(b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who is a national of that State.
2. a) Notwithstanding the provisions of paragraph 1, pensions and other similar remuneration paid by, or out of funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.
b) However, such pension and other similar remuneration shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that State.
3. The provisions of Articles 15, 16, 17 and 18 shall apply to salaries, wages, pensions and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ' ARTICLE XIII 1. In paragraph 1 of Article 21 of the Convention, the word "their" is deleted before the words "natural resources situated in that State".
2 The text of paragraph 3 of Article 21 of the Convention is deleted and replaced by the following: ' 3 Profits derived by an enterprise of a Contracting State from the transportation of supplies or personnel by a ship or aircraft to a location where offshore activities are being carried, gold from the operation of tugboats gold anchor handling vessels in connection with such activities. , shall be taxable only in that Contracting State. «3 The text of paragraph 5, (b) of Article 21 of the Convention is deleted and replaced by the following: "(b) Subject to sub-paragraph (c) of this paragraph, salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment exercised aboard a ship or aircraft engaged in the transportation of supplies or personnel to a location where offshore activities are being carried on»» , or in respect of an employment exercised aboard a tugboat gold anchor handling vessel in connection with such activities, shall be taxable only in that Contracting State. ' ARTICLE XIV The following paragraphs 3, 4 and 5 are inserted in Article 22 of the Convention: "3 Notwithstanding the provisions of paragraphs 1 and 2 of this Article, items of income of a resident of a Contracting State, other than income paid out of trusts, not dealt with in the foregoing Articles of this Convention and arising in the other Contracting State may also be tax in that other State if these items are not effectively tax in the. first-mentioned State. An item of income is effectively tax when it is included in the taxable gross basis by reference to which the tax is computed.
4. Where, by reason of a special relationship between the resident referred to in paragraph 1 and some other person, or between both of them and some third person, the amount of the income referred to in that paragraph exceeds the amount (if any) which would have been agreed upon between them in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other applicable provisions of this Convention.
5 no relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the income is paid to take advantage of this Article by means of that creation or assignment.
' ARTICLE XV 1. The text of paragraphs 2 and 3 of Article 23 of the Convention is deleted and replaced by the following: "2. In the case of Belgium, double taxation shall be avoided as follows: (a) Where a resident of Belgium derivatives income, not being dividends, interest or royalties, which is tax in the United Kingdom in accordance with the provisions of this Convention. , Belgium shall exempt such income from tax but may, in calculating the amount of tax on the remaining income of that resident, apply the rate of tax which would have been applicable if such income had not been exempted.
(b) The exemption provided for in subparagraph (a) of this paragraph shall also be granted with respect to income regarded as dividends under Belgian law, which is derived by a resident of Belgium from a participation in an entity that has its place of effective management in the United Kingdom, and has not been tax as such in the United Kingdom , provided that the resident of Belgium has been tax in the United Kingdom, quadrupling to his participation in such entity, on the income out of which the income regarded as dividends under Belgian law is paid. The exempted income is the income received after deduction of the costs incurred in Belgium or elsewhere in relation to the management of the participation in the entity.
(c) The term "tax" used in subparagraphs (a) and (b) means that the item of income is subjected to the tax regime that is normally applicable to such item according to the United Kingdom tax law.
(d) Notwithstanding the provisions of sub-paragraphs (a) and (b) of this paragraph and any other provision of the Convention, Belgium shall, for the determination of the additional taxes established by Belgian municipalities and conurbations, take into account the earned income (income C beroepsinkomsten) that is exempted from tax in Belgium in accordance with sub-paragraphs (a) and (b). Additional these taxes shall be calculated on the tax which would be payable in Belgium if the earned income in question had been derived from Belgian sources.
(e) Subject to the provisions of Belgian law regarding the deduction from Belgian tax of taxes paid abroad, where a resident of Belgium derivatives items of his aggregate income for Belgian tax purposes which interest are gold royalties, the United Kingdom tax levied on that income shall be allowed as a credit against Belgian tax relating to such income.
(f) Dividends derived by a company which is a resident of Belgium from a company which is a resident of the United Kingdom shall be exempted from the corporate income tax in Belgium under the conditions and within the limits provided for in Belgian law.
(g) Where a company which is a resident of Belgium derived from a company which is a resident of the United Kingdom dividends which are included in its aggregate income for Belgian tax purposes and which are not exempted from the corporate income tax according to sub-paragraph (f) of this paragraph, Belgium shall deduct from the Belgian tax relating to such dividends the United Kingdom tax levied on such dividends in accordance with Article 10 of this Convention and the United Kingdom tax levied on the profits out of which such dividends are paid. This deduction shall not exceed that part of the Belgian tax which is quadrupling relating to such dividends.
(h) Where in accordance with Belgian law, losses of a Belgian enterprise attributable to a permanent establishment situated in the United Kingdom have been effectively deducted from the profits of that enterprise for its taxation in Belgium, the exemption provided for in sub-paragraph (a) of this paragraph shall not apply in Belgium to the profits of other chargeable periods attributable to that permanent establishment to the extent that those profits have also been relieved from tax in the United Kingdom by reason of compensation for the said losses.
3. for the purposes of paragraph 1 of this Article, profits, income and capital gains owned by a resident of the United Kingdom which may be tax in Belgium in accordance with the provisions of this Convention shall be deemed to arise from sources in Belgium.
4. no relief shall be available under this Article if it was the main purpose or one of the main purposes of any person concerned with a scheme

or arrangement in connection with which relief is claimed to take advantage of this Article by means of that scheme or arrangement. ' 2. Notwithstanding the provisions of paragraph 1 of Article 23 of the Convention, from the entry into force of its law providing for the exemption from tax of certain overseas dividends the United Kingdom shall eliminate double taxation on those dividends in accordance with that law.
ARTICLE XVI The text of paragraph 5 of Article 24 of the Convention is deleted and replaced by the following: ' 5 Except where the provisions of paragraph 1 of Article 9, paragraphs 7 or 8 of Article 11, paragraphs 4 or 6 of Article 12, or paragraphs 4 or 5 of Article 22 apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall ". for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. "ARTICLE XVII 1. The following second sentence is inserted at the end of paragraph 2 of Article 25 of the Convention: "" Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States. '.
2. The following paragraph 5 is inserted in Article 25 of the Convention: "5. Where, (a) under paragraph 1 of this Article, a person has presented a case to the competent authority of a Contracting State on the basis that the actions of one or both of the Contracting States have resulted for that person in taxation not in accordance with the provisions of the Convention. , and (b) the competent authorities are unable to reach an agreement to resolve that case pursuant to paragraph 2 within two years from the submission of the case to the competent authority of the other Contracting State, any unresolved issues arising from the case shall be submitted to arbitration if the person so requests within two years from the first day from which arbitration may be requested. Thesis from unresolved shall not, however, be submitted to arbitration if a decision on these issues has already been rendered by a court or administrative tribunal of either Contracting State. Unless a person directly affected by the box informs the competent authority of a Contracting State within three months from the communication of the mutual agreement that implements the arbitration decision, that he does not accept that mutual agreement, the arbitration decision shall be binding on both Contracting States and shall be implemented notwithstanding any time limits in the domestic laws of these States. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this paragraph. "ARTICLE XVIII The text of Article 26 of the Convention is deleted and replaced by the following: ' 1. The competent authorities of the Contracting States shall exchange such information as is foreseeably 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 gold 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. Notwithstanding the foregoing, information received by a Contracting State may be used for other purposes when such information may be used for such other purposes under the laws of both States and the competent authority of the supplying State authorized such use.
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 the provisions of 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, 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 XIX 1. The text of paragraph 1 of Article 28 of the Convention is deleted and replaced by the following: "1. Notwithstanding any other provision of this Convention, relief from tax provided for in the Convention shall not be granted to an individual by a Contracting State in respect of income from sources within that Contracting State if the individual is subject to tax in the other Contracting State by reference only to the amount of his income which is remitted to. or received in that other Contracting State and not by reference to the full amount of his worldwide income. However, where the income of such individual that is not remitted to or received in that other State is less than a, P 2,000 (or the equivalent in euro) in a tax year, the first-mentioned State shall grant the relief from tax provided for in the Convention with regard to income that is remitted to or received in the other Contracting State. » 2 The following paragraph 7 is inserted in Article 28 of the Convention: "7 The competent authorities of the Contracting States may settle by mutual agreement the conditions under which a collective investment vehicle which is established in a Contracting State and is not liable to tax as such in that State and which receives dividends or interest arising in the other Contracting State shall be treated for purposes of applying the Convention to such income as an individual resident. of the Contracting State in which it is established and as the beneficial owner of the income it receives. ' ARTICLE XX 1. Each of the Contracting States shall notify the other Contracting State, through diplomatic channels, of the completion of the procedures required by its law for the bringing into force of this Protocol. The Protocol shall enter into force on the date of the later of these notifications.
2 The provisions of the Protocol shall have effect: (a) in the United Kingdom: (i) in respect of income tax and capital gains tax, for any year of assessment beginning on or after 6 April in the calendar year next following that in which the Protocol enters into force;
(ii) in respect of corporation tax, for any financial year beginning on or after 1 April in the calendar year next following that in which the Protocol enters into force; and (iii) in respect of petroleum revenue tax for any chargeable period beginning on or after 1 January in the calendar year next following that in which the Protocol enters into force;
(b) in Belgium: (i) in respect of taxes due at source on income credited payable gold on or after 1 January; and (ii) in respect of taxes other than taxes due at source on income of any chargeable period ending on or after 31 December; in the calendar year next following that in which the Protocol enters into force.
ARTICLE XXI 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 duly authorised thereto, have signed this Protocol.
Done in duplicate at Paris, in the English language, this 24th day of June 2009.

Protocol amending the Convention between the Government of the Kingdom of Belgium and the Government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and prevent fiscal evasion of taxes on income and capital gains, signed at Brussels on 1 June 1987 the Government of Kingdom of Belgium and the Government of the United Kingdom of Great Britain and Northern Ireland Who wanted to amend the Convention to avoid double taxation and to prevent

fiscal evasion with respect to taxes on income and capital gains, signed at Brussels on 1 June 1987 (hereinafter referred to as "the Convention"), have agreed upon the following provisions: ARTICLE I: the text of article 2 of the Convention shall be deleted and replaced by the following: "1. this Convention shall apply to taxes on income and on capital gains imposed on behalf of a Contracting State. its political subdivisions or its local authorities, irrespective of the collection system.
2 are regarded as taxes on income and on capital gains taxes imposed on total income or on elements of income, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital gains.
3. the existing taxes to which the Convention shall apply are in particular: (a) in the United Kingdom: (i) the tax on income (the income tax);
(ii) the tax on corporations (the corporation tax);
(iii) the tax on capital gains (the capital gains tax);
(iv) the tax on profits of oil (the petroleum revenue tax);
(hereinafter referred to as "the United Kingdom tax");
(b) in Belgium: (i) natural persons tax;
(ii) the corporation tax;
(iii) the income tax of legal persons;
(iv) the non-resident tax;
including the withholding and additional such taxes and prepayments;
(hereinafter referred to as "Belgian tax").
4. the Convention shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Convention and additional to existing taxes or place.
The competent authorities of the Contracting States shall communicate significant changes to their tax legislation. ' SECTION II 1. The text of article 3, paragraph 1, (i), of the Convention shall be deleted and replaced by the following provision: "(i) the term"international traffic"" means any transport by a ship, an aircraft or a road or railway vehicle operated by an enterprise of a Contracting State, except when the ship, aircraft or road or rail vehicle is operated solely between places in the other Contracting State; ".
2. the text of article 3, paragraph 1, (j), of the Convention shall be deleted and replaced by the following provision: "(j) the term"competent authority"means: (i) in the United Kingdom, the Commissioners for Her Majesty's Revenue and Customs or their authorized representative; and (ii) in Belgium, the Minister of finance or his authorized delegate; «3. subparagraph (l) is added to article 3, paragraph 1, of the Convention: "(l)"pension plan"means a plan, Fund, trust or other arrangement established in State Contracting: (i) insofar as it is managed in order to administer or provide pension or retirement benefits or to obtain revenue for the benefit of one or more similar arrangements»» (, and (ii) provided that it is: has) with regard to the Belgium, entity, including the pension fund, or a pension plan organized through an insurance company, which are made under law Belgian and controlled by the Commission on banking, finance and insurance or registered with the Belgian tax authorities; or (B) in relation to the United Kingdom, of a pension plan (other than a social security scheme) registered in accordance with part 4 of the Finance Act 2004, including pension funds or pensions organized through an insurance company and mutual fund investment and investment companies with variable capital (unit trusts) whose shares are exclusively held by pension plans.
The competent authorities may agree to include in the definition preceding pension of an economic or legal nature identical or similar. "ARTICLE III 1. The text of article 4, paragraph 1, of the Convention is deleted and replaced by the following provision: ' 1. within the meaning of this Convention, the expression "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax in that State, because of his domicile, residence, place of management ". its place of incorporation or any other criterion of a similar nature. However, this term does not include persons who are subject to tax in a Contracting State as the income from sources in that State. ' 2. the following paragraph 5 is added to article 4 of the Convention: "5. the term"resident of a Contracting State"includes: (a) a pension plan established in this State; and (b) internal an organization non profit which is established and managed exclusively for religious, charitable, scientific, cultural or educational (or more of these purposes) and who is a resident of this State under its legislation, notwithstanding the fact that all or part of the income or gains of this organization may be exempted from tax under the legislation of that State. ' ARTICLE IV article 8 of the Convention shall be deleted and replaced by the following: 'Article 8 shipping and air transport 1. The profits of an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State.
2. the provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint operation or an international operating agency. ' ARTICLE V the text of article 10 of the Convention shall be deleted and replaced by the following: ' 1. dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. ''
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the dividends.
3. Notwithstanding the provisions of paragraph 2 of this article, the dividends are not taxable in the Contracting State of which the company paying the dividends is a resident if the beneficial owner of the dividends is: (a) a company which is a resident of the other Contracting State for a continuous period of at least twelve months, which holds shares representing directly at least 10 per cent of the capital of the company paying the dividends;
(b) a pension plan that is a resident of the other Contracting State, provided that such dividends are not drawn from the exercise of an industrial or commercial activity by the pension plan or via an associate company.
4. Notwithstanding the provisions of paragraphs 2 and 3, (a), of this section, the dividends paid through income (including earnings) derived directly or indirectly from immovable property within the meaning of article 6 of this Convention by an investment vehicle resident of a Contracting State whose revenues from such properties are exempt from taxation and which distributes annually most of these income may also be taxed in that State and according to the law of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed 15 per cent of the gross amount of the dividends.
The provisions of paragraphs 2, 3 and 4 of this article do not affect the taxation of the company in respect of the benefits that are used for the payment of dividends.
5. the term "dividends" as used in this article means income from shares, shares or dividend certificates, mining, founder shares or other rights, with the exception of receivables, as well as any other item which is subjected to the same taxation treatment as income from shares by the laws of the State of which the debtor company is a resident.
6. the provisions of paragraphs 1, 2, 3 and 4 of this article shall not apply if the beneficial owner of the dividends, being a resident of a State Contracting, carries on in the other Contracting State of which the company paying the dividends is a resident, or a trade or business through a permanent establishment situated therein, either independent with a base fixed which is located , and generating participation of dividends related actually. In this case, the provisions of article 7 or article 14, as the case of the present Convention shall apply.
7. If a company is a resident of a Contracting State, the other Contracting State may levy any tax on the dividends paid by the company to the first State residents, nor levy any tax in respect of the taxation of retained earnings, retained earnings of the company, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income from that other State. The provisions of this paragraph shall not prevent that other State from taxing dividends from participation, which relates effectively to a permanent establishment or a base fixed that a resident of the first State operates in that other State.
8.

No relief may be granted under this section if the main purpose or one of the main objectives of any person involved in the creation or assignment of the shares or other rights in respect of which the dividends are paid is to take advantage of this article by means of that creation or assignment. ' ARTICLE VI the text of article 11 of the Convention shall be deleted and replaced by the following: ' 1. interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. ''
2. However, such interest may also be taxed in the Contracting State they come and under the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest.
3. Notwithstanding the provisions of paragraph 2, interest are exempt from tax in the Contracting State they come when it comes: (a) interest paid as a result of a loan of any nature or of credit granted by an undertaking to another undertaking;
(b) interest paid to a pension plan, provided that these interests are not drawn from the exercise of an industrial or commercial activity by the pension plan or via an associate company;
(c) interest paid to the other Contracting State, any of its political subdivisions or local authorities or a public entity.
4. the term "interest" used in this article means income from claims of every kind, whether or not or secured by mortgage or a right to participate in the debtor's profits, and including income on public funds and bonds of debentures, including premiums and prizes attaching to such securities, but it includes no penalties for late payment or income referred to in article 10 of this Convention.
5. the provisions of subsections 1, 2 and 3 of this article do not apply if the beneficial owner of the interest, being a resident of a State Contracting, carries on in the other Contracting State comes interests, either an industrial or commercial activity through a permanent establishment that is located or an independent profession through a fixed base that is located , and the generating interest receivable related actually. In this case, the provisions of article 7 or article 14, as the case of the present Convention shall apply.
6. the interests are considered as originating in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. However, when the debtor of interests, whether or not a resident of a Contracting State, has in a Contracting State a permanent establishment or a fixed base, for which the debt giving rise to the payment of interest was incurred and that supports the load of these interests, these are considered as coming from the State where the permanent establishment or fixed base is located.
7. when, due to special relationship between the payer and the beneficial owner or that one and the other have with third parties, the amount of the interest exceeds, for any reason whatsoever, that which would be agreed upon the payer and the beneficial owner in the absence of such relationship, the provisions of this article apply only to the latter amount. In this case, the excess part of the payments is taxable according to the laws of each Contracting State and in light of the other provisions of this Convention.
8. no relief may be granted under this section if the main purpose or one of the main objectives of any person involved in the creation or the assignment of the claim in respect of which the interest is paid is to take advantage of this article by means of that creation or assignment. "ARTICLE VII 1. The text of article 12, paragraph 1, of the Convention is deleted and replaced by the following provision: «1. royalties arising in a Contracting State and which the beneficial owner is a resident of the other Contracting State shall be taxable only in that other State. ''
2. paragraphs 5 and 6 following are added to article 12 of the Convention: "5. royalties shall be deemed as originating in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. '' However, when the debtor's royalties, whether or not a resident of a Contracting State, has in a Contracting State a permanent establishment or a fixed base, for which the contract giving rise to the payment of the royalties has been concluded and which supports the load of these charges, they are considered as coming from the State where the permanent establishment or fixed base is located.
6. no relief may be granted under this section if the main purpose or one of the main objectives of any person involved in the creation or assignment of the rights in respect of which the royalties are paid is to take advantage of this article by means of that creation or assignment. "ARTICLE VIII the text of article 13, paragraph 3, of the Convention is deleted and replaced by the following provision: «3. gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State. "ARTICLE IX 1. The text of article 15, paragraph 3, of the Convention shall be deleted and replaced by the following provision: "3. Notwithstanding the preceding provisions of the present article, remuneration received by a resident of a Contracting State in respect of an employment exercised aboard a ship, an aircraft or a road or rail vehicle operated in international traffic shall be taxable only in that State. ''
2. the following paragraph 4 is added to article 15 of the Convention: "4. self-employment is exercised in a Contracting State when the activity in respect of which salaries, wages and other similar remuneration are paid is effectively exercised in that State. The activity is effectively exercised in a Contracting State when the employee is physically present in this State to carry on this activity, regardless of the place of conclusion of the contract of employment, the residence of the employer or the debtor's remuneration, the place or the date of payment of remuneration, or the place where the results of the work of the employee are exploited. If an activity is effectively exercised in a Contracting State, only the fraction of the remuneration which is attributable to this activity is taxable in that State. ' ARTICLE X article 16 of the Convention shall be deleted and replaced by the following: 'Article 16 companies 1. Directors, tokens of presence and other similar payments derived by a resident of a Contracting State in his capacity as member of the Board of directors or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State. This paragraph also applies to payments received because of the performance of duties which, under the law of the Contracting State of which the company is a resident, are treated as functions of a similar nature to those performed by a member of the Board of directors or a similar organ of a company.
2. the remuneration that a person referred to in paragraph 1 of the present article receives from a company which is a resident of a Contracting State due to the pursuit of one activity daily management or technical nature, as well as the remuneration derived by a resident of a Contracting State from his personal as a partner in a partnership, other than a corporation, which is a resident of the Belgium may be taxed in accordance with the provisions of article 15 of this Convention, as if it were to pay an employee pulls of paid employment, and as if the employer was the company. ' ARTICLE XI the text of article 18 of the Convention shall be deleted and replaced by the following: ' subject to the provisions of article 19 (a) pensions and other similar remuneration from a Contracting State and paid to a resident of the other Contracting State shall be taxable only in the first State;
(b) However, when pensions and other similar remuneration paid pursuant to a pension plan have been paid or awarded for the first time before 1 January of the calendar year next following that of the entry into force of the first Protocol to this Convention, all payments made in pursuance of this plan shall be taxable only in the other State. » ARTICLE XII the text of article 19 of the Convention shall be deleted and replaced by the following: ' (1. a) salaries, wages and other similar remuneration paid by a Contracting State or any of its political subdivisions or local authorities to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.»
(b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State

If the services are rendered in that State and the individual is a resident of this State who has the nationality of that State.
2. a) Notwithstanding the provisions of paragraph 1, pensions and other similar remuneration paid by a Contracting State or of its political subdivisions or local authorities, either directly or by sampling on funds that they have made, to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.
(b) However, such pensions and other similar remuneration shall be taxable only in the other Contracting State if the individual is a resident of this State and has citizenship.
3. the provisions of articles 15, 16, 17 and 18 shall apply to wages, salaries, pensions and other similar remuneration paid in respect of services rendered in the framework of a trade or business carried on by a Contracting State or of its political subdivisions or local authorities. ' Article XIII 1. Article 21, paragraph 1, of the Convention, the word "their" is deleted before the words "natural resources" located in this State.
2. the text of article 21, paragraph 3, of the Convention shall be deleted and replaced by the following provision: «3. profits derived by an enterprise of a Contracting State to transport by a ship or aircraft of goods or personnel to a location where marine activities are exercised, or the exploitation of tugs, pushers or tow used in such activities. shall be taxable only in that Contracting State. ' 3. the text of article 21, paragraph 5, (b), of the Convention shall be deleted and replaced by the following provision: "(b) under subject to paragraph (c) of this paragraph, salaries, wages and similar remuneration received by a resident of a Contracting State in respect of an employment exercised aboard a ship or aircraft used for the transport of goods or personnel to a place where activities at sea are carried out. , or those received in respect of an employment exercised aboard a tug, pusher, or one used in such activities, shall be taxable only in that Contracting State. ' ARTICLE XIV paragraphs 3, 4 and 5 following are added to article 22 of the Convention: "3. Notwithstanding the provisions of paragraphs 1 and 2 of this article, items of income of a resident of a Contracting State, other than revenues paid by trusts, which are not covered by the preceding articles of the present Convention and which come from the other Contracting State are also taxable in that other State if they are not actually imposed in. the first State. An item of income is effectively taxed when it is included in the gross tax base on which the tax is calculated.
4. where, because of special relations existing between the resident referred to in paragraph 1 and another person, or that one and the other have with third parties, the amount of income referred to in this paragraph exceeds the amount which they are (possibly) agreed in the absence of such relationship, the provisions of this article apply only to the latter amount. In this case, the excess part of the payments is taxable according to the laws of each Contracting State and in light of the other provisions of this Convention.
5. no relief shall be granted under this section if the main objective or is one of the main objectives of any person involved in the creation or assignment of the rights in respect of which the earnings are paid to take advantage of this article by means of that creation or assignment. ' ARTICLE XV 1. The text of article 23, paragraphs 2 and 3, of the Convention shall be deleted and replaced by the following: ' 2. with regard to the Belgium, double taxation shall be avoided as follows: (a) where a resident of the Belgium derives income, other than dividends, interest or royalties, which are taxed in the United Kingdom in accordance with the provisions of this Convention. the Belgium exempts from tax revenues but it can calculate the amount of tax on the remaining income of that resident, apply the same rate if the income in question had not been exempted.
(b) the exemption provided for in paragraph (a) of this paragraph is also granted in relation to the income treated as dividends under the Belgian law, a resident of the Belgium receives in respect of an interest in an entity which has its effective seat of management in the United Kingdom, and which was not imposed as such in the United Kingdom provided that the resident of the Belgium has imposed in the United Kingdom, proportionally to its interest in this entity, on the revenue payment of income considered dividends under the Belgian legislation. The exempt income is income after deduction of expenses, presentations in Belgium or elsewhere, pertaining to the management of the interest in the entity.
(c) the term "imposed" used in paragraphs (a) and (b) means that the element concerned income is subject to the tax system that is normally applicable under the tax laws of the United Kingdom.
(d) Notwithstanding the provisions of paragraphs (a) and (b) of this paragraph and any other provision of the Convention, the Belgium takes into account, for determining additional fees established by local authorities and the Belgian cities, professional income exempted from tax in Belgium pursuant to paragraphs (a) and (b). These additional fees are calculated on the tax that would be due in Belgium if the income in question were drawn from Belgian sources.
(e) subject to the provisions of the legislation Belgian relating to the imputation tax Belgian taxes paid abroad, where a resident of the Belgium derives items of income which are included in its total income subject to Belgian tax and which consist of interest or royalties, the United Kingdom levied on that income tax is charged on the Belgian tax relating to such income.
(f) the dividends received by a company which is a resident of the Belgium of a company which is a resident of the United Kingdom are exempt from the corporate income tax in Belgium under the conditions and within the limits provided for by Belgian legislation.
(g) where a company which is a resident of the Belgium receives from a company which is a resident of the United Kingdom of which are included in its total income subject to Belgian tax and dividends which are not exempt from the corporation tax in accordance with paragraph (f) of this paragraph, the Belgium deducted from Belgian tax relating to these dividends tax of the United Kingdom received on these dividends in accordance with article 10 of the Convention and the United Kingdom tax levied on the benefits that are used for the payment of such dividends. This deduction shall not exceed the portion of the Belgian tax which is proportionally related to these dividends.
(h) where, in accordance with Belgian legislation, losses sustained by a Belgian company in a permanent establishment situated in the United Kingdom have been effectively deducted from the profits of this company for its imposition in Belgium, the exemption provided for in paragraph (a) of this paragraph applies in Belgium to the profits of other taxable periods which are attributable to that permanent establishment, insofar as these benefits were also exempt from taxation in the United Kingdom due to their compensation with such losses.
3. for the purposes of paragraph 1 of this article, profits, income and capital gains of a resident of the United Kingdom which are taxable in Belgium in accordance with the provisions of the Convention are considered as coming from sources located in Belgium.
4. no relief may be granted under this section if the main purpose or one of the main objectives of any person involved in a mechanism or an arrangement in respect of which relief is requested is to take advantage of this article by means of this mechanism or this arrangement. ' 2. Notwithstanding the provisions of article 23, paragraph 1, of the Convention, from the entry into force of the legislation providing for the exemption of certain foreign dividends tax, the United Kingdom will eliminate the double taxation of those dividends in accordance with this law.
ARTICLE XVI the text of article 24, paragraph 5, of the Convention shall be deleted and replaced by the following provision: «5 unless the provisions of article 9, paragraph 1, article 11, paragraphs 7 or 8, article 12, paragraphs 4 or 6, or article 22, paragraphs 4 or 5, not be apply, interest, royalties and other expenses paid by an enterprise of a Contracting State to a resident of the other Contracting State are deductible. for the determination of the taxable profits of the undertaking, under the same conditions as if they had been paid to a resident of first State. "ARTICLE XVII 1. The second sentence is inserted at the end of paragraph 2 of article 25 of the Convention: "the agreement is applied irrespective of the time limits provided by the domestic law of the Contracting States."
2. the following paragraph 5 is added to article 25 of the Convention: "5. when, (a) under paragraph 1 of this article, a person has submitted a case to the authority.

competent of a Contracting State based on the fact that the measures taken by a Contracting State or by the two Contracting States have resulted for this person a taxation not in accordance with the provisions of the Convention, and that (b) the competent authorities do not reach an agreement to resolve this case under paragraph 2 within a period of two years from the submission of the case to the competent authority of the other Contracting State the unresolved issues raised by this case are subject to arbitration if the person so requests within a period of two years from the first day from which arbitration can be requested. These unresolved issues are however not subject to arbitration if a decision on these issues has already been determined by a court or Tribunal of one of the Contracting States. Unless a person directly affected by the case shall inform the competent authority of a Contracting State, within a period of three months from the communication of the amicable agreement whereby the arbitration decision is applied, it does not accept this agreement, the arbitration decision binding on both Contracting States and is applied irrespective of the time limits provided by the domestic law of those States. The competent authorities of the Contracting States settle by amicable agreement detailed rules for the application of this paragraph. "ARTICLE XVIII the text of article 26 of the Convention shall be deleted and replaced by the following: ' 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. Notwithstanding the foregoing, information received by a Contracting State can be used for other purposes where this possibility is due to the laws of both States, and when the competent authority of the State providing the information authorizes its use.
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, 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 tax legislation. "ARTICLE XIX 1. The text of article 28, paragraph 1, of the Convention shall be deleted and replaced by the following provision: "1. Notwithstanding any other provision of this Convention, no relief from tax provided for in the Convention is granted by a Contracting State to an individual in respect of income from sources within that Contracting State if the individual is not subject to tax in the other State Contracting only up to the amount of its income that is transferred or perceived in. This other Contracting State and not to the total amount of its global income. However, if that resident incomes which are not transferred or received in that other State amount to less than 2,000 P (or euro equivalent) in a taxation year, the first State grant the tax relief provided for in the Convention with regard to revenues that are transferred or received in the other Contracting State. ' 2. paragraph 7 following is added to article 28 of the Convention: "7. the competent authorities of the Contracting States may determine by mutual agreement the conditions in which a vehicle for collective investment established in a Contracting State which is not subject to tax as such in this State and who receives dividends or interest from the other Contracting State shall be treated , for the purposes of the Convention to these revenues, as a person physical resident of the Contracting State where it is established and as the beneficial owner of the income it receives. ' ARTICLE XX 1.
Each Contracting State shall notify the other Contracting State, through diplomatic channels, the completion of the procedures required by its law for the entry into force of the present Protocol. The Protocol will enter into force on the date of the latter of these notifications.
2. the provisions of the Protocol shall apply: (a) in the United Kingdom: (i) the tax on income and taxes on capital gains, for any taxation year beginning on or after 6 April of the calendar year next following that in which the Protocol enters into force;
(ii) to the corporate income tax, for any financial year beginning on or after 1 April of the calendar year next following that in which the Protocol enters into force; and (iii) tax on the profits of oil, for any taxable period beginning on or after 1 January in the calendar year next following that in which the Protocol enters into force;
(b) in Belgium: (i) to taxes due at source on income allocated or paid from January 1, and (ii) taxes other than taxes due at source relating to income for any taxable period ending as of December 31 of the calendar year next following that in which the Protocol enters into force.
ARTICLE XXI 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 authorised, have signed this Protocol.
Done at Paris, on June 24, 2009, in two originals in the English language.