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Act Equivalent Provisions To The Provisions Laid Down, In What Concerns Belgium, By The Agreements On The Taxation Of Savings Income Signed Between The Kingdom Of Belgium And The Kingdom Of The Netherlands In What Concerns On The One Hand The

Original Language Title: Loi portant des dispositions équivalentes aux dispositions prévues, en ce qui concerne la Belgique, par les accords sur la fiscalité des revenus de l'épargne signés entre le Royaume de Belgique et le Royaume des Pays-Bas en ce qui concerne d'une part les

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21 JUIN 2005. - An Act to make provisions equivalent to the provisions for Belgium, by the agreements on the tax of savings income signed between the Kingdom of Belgium and the Kingdom of the Netherlands with regard to the Netherlands Antilles and Aruba and between the Kingdom of Belgium and, respectively, Guernsey, the Island of Man, Jersey, Anguilla, the British Virgin Islands, Montserrat and



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act provides for provisions equivalent to the provisions for Belgium, by the following agreements:
- the Agreement between the Kingdom of the Netherlands with respect to Aruba and the Kingdom of Belgium on the automatic exchange of information regarding savings income in the form of interest payments, signed in Brussels on 18 May 2004 and in The Hague on 9 November 2004;
- the Agreement between the Kingdom of the Netherlands with respect to the Netherlands Antilles and the Kingdom of Belgium concerning the automatic exchange of information regarding savings income in the form of interest payments, signed in Brussels on 18 May 2004 and in The Hague on 27 August 2004;
- the Agreement on the Taxation of Savings Income between Jersey and the Kingdom of Belgium, signed in Brussels on 18 May 2004 and in Saint-Hélier on 19 November 2004;
- the Agreement on the Taxation of Savings Income between Guernsey and the Kingdom of Belgium, signed in Brussels on 18 May 2004 and in Saint Peter Port on 19 November 2004;
- the Agreement on the Taxation of Savings Revenues between Man Island and the Kingdom of Belgium, signed in Brussels on May 18, 2004 and Douglas on November 19, 2004;
- the Agreement on the Taxation of Savings Income between the Government of the British Virgin Islands and the Government of the Kingdom of Belgium, signed on 5 October 2004 in Brussels and 11 April 2005;
- the Agreement on the Taxation of Savings Income between the Overseas Territory of the United Kingdom of Montserrat and the Kingdom of Belgium, signed on 5 October 2004 in Brussels and 7 April 2005;
- the Agreement on the Taxation of Savings Income between the Turks and Caicos Islands and the Kingdom of Belgium, signed in Brussels on 5 October 2004 and in Grand Turk on 16 December 2004;
- the Convention between the Government of Anguilla and the Government of the Kingdom of Belgium on the automatic exchange of information on savings income in the form of interest payments, signed in Brussels on 5 October 2004 and in Anguilla in November 2004.
Art. 3. For the purposes of this Act:
(a) the term "territories" used in Article 4 refers to the Netherlands Antilles, Aruba, Guernsey, Isle of Man, Jersey, Anguilla, British Virgin Islands, Montserrat and Turks and Caicos Islands;
(b) the term "the law of 17 May 2004" means the law of 17 May 2004 transposing in Belgian law the Directive 2003/48/EC of 3 June 2003 of the Council of the European Union on the taxation of the income of savings in the form of payment of interest and amending the Income Tax Code 1992 in respect of household pre-payments (MB of 27 May 2004).
Art. 4. The provisions of the Act of 17 May 2004 apply subject to reciprocity:
(a) the interest payments defined in Article 3, 7° of the Act of 17 May 2004 which are made by a paying agent established in Belgium for the benefit of an effective beneficiary who is a resident of one of the territories, as if these interest payments were made for the benefit of an effective beneficiary who is a resident of another Member State of the European Union, and
(b) the interest payments defined in Article 3, 7° of the Law of 17 May 2004 that come from one of the territories and of which a resident of the Kingdom subject to the tax of the natural persons is the beneficial owner, as if these interest payments were from another Member State of the European Union.
Art. 5. The provisions of section 4, (a) are not applicable to interest payments defined in section 3, 7 of the Act of 17 May 2004 which are made by a paying agent established in Belgium for the benefit of an effective beneficiary who is a resident of Anguilla or Turks and Caicos Islands, as long as these territories do not subject these payments to direct tax.
Art. 6. The King shall, by order deliberately in the Council of Ministers, fix the date of entry into force of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 June 2005.
ALBERT
By the King:
For the Minister of Finance, absent:
Minister of External Affairs,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
House of Representatives:
Parliamentary documents. - Bill No. 51-1791/1. - Text adopted in plenary and transmitted to the Senate, No. 51-1791/2.
Full report. - Session of May 26, 2005.
Senate:
Parliamentary documents. - Project referred to by the Senate, No. 3-1209/1. - Report, number 3-1209/2. - Decision not to amend, No. 3-1209/3.
Annales of the Senate. - 16 June 2005.