Implementation of Articles 52 to 55 of the Constitution. Keywords
FOREIGN AFFAIRS AND EUROPEAN AGREEMENT
, ISLE OF MAN
, || NOW |,
OPERATIONS, INTERNATIONAL TRAFFIC
JORF No. 0018 of January 21, 2012
text page 2
Decree No. 2012-60 of 18 January 2012 on publication of the Agreement between the Government of the French Republic and the Government of the Isle of Man for the avoidance of double taxation of companies operating in international traffic , ships and aircraft signed in Douglas March 26, 2009 (1) NOR
MAEJ1135792D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/1/18/ MAEJ1135792D / jo / text
The President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister of Foreign and European Affairs
Considering the Constitution, particularly Articles 52 to 55;
Given Law n ° 2011-1279 of 13 October 2011 authorizing the approval of the Agreement between the Government of the French Republic and the Government of the Isle of Man for the avoidance of double taxation of companies operating in traffic international, ships or aircraft;
Considering Decree No. 53-192 of March 14, 1953 as amended relating to the ratification and publication of international commitments made by France,
Article 1 The Agreement between the Government of the French Republic and the Government of the Isle of Man for the avoidance of double taxation of companies operating in international traffic of ships or aircraft, signed Douglas March 26, 2009, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister of Foreign and European Affairs, are responsible, each in regards to the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE ISLE OF MAN FOR THE AVOIDANCE OF DOUBLE TAXATION OF OPERATING COMPANIES IN INTERNATIONAL TRAFFIC, SHIPS, AIRCRAFT, SIGNED AT THE DOUGLAS 26 March 2009
The Government of the French Republic and the Government of the Isle of Man,
Desiring to conclude an agreement to avoid double taxation of companies operating in international traffic of ships or aircraft
Have agreed as follows: Article 1
Scope of the Agreement
This Agreement applies to undertakings operating in international traffic of ships or aircraft, who are residents of one Party or both Parties.
Article 2 Taxes Covered
1. This Agreement applies to the following taxes imposed by the Parties:
(A) In the case of France:
- income tax ;
- Corporation tax ;
- Social contribution on corporate tax;
- Payroll taxes;
and any withholding tax, any prepayment or payment for these taxes;
(B) As regards 1'île of Man:
- Taxes on income or profits (income taxes on profits).
2. This Agreement shall also apply to taxes of a substantially similar nature which are imposed after the date of signature of the Agreement and in addition to existing taxes or replace them. The competent authority of each Party shall notify the other of any substantial changes in its legislation likely to affect the obligations which that Party is subject under this Agreement. Article 3 Definitions
1. For the purposes of this Agreement, unless the context requires otherwise:
(A) "Party" means, according to the case, the French Republic and the Isle of Man; "Parties" means the French Republic and the Isle of Man;
(B) the term "Isle of Man" means the island of the same name;
(C) the term "France" means the European departments and overseas of the French Republic including the territorial sea and, beyond it, the areas over which, in accordance with international law, French Republic has sovereign rights for the purpose of exploring and exploiting the natural resources of the seabed, subsoil and the superjacent waters;
(D) the term "person" includes an individual, a company and any other body of persons;
(E) the term "company" means any body corporate or any entity which is treated, for tax purposes, as a legal person;
(F) the term "competent authority" means;
i) in the case of France, the Minister of Finance or his authorized representative;
ii) in the case of the Isle of Man, the director of the Division of Income Tax (Tax Assessor of income) or his representative;
(G) the term "resident of a Party" means any person who, under the law of that Party, is liable to tax in that Party by reason of his domicile, residence, place of effective management or any other criterion of a similar nature;
(H) the term "enterprise of a Party" means an enterprise carried on by a resident of a Party;
(I) the term "international traffic" means any transport by a ship or aircraft operated by an enterprise whose place of effective management is located in a Party, except when the ship or aircraft is operated solely between places in the other Party.
2. For the purposes of this Agreement at any time by a Party, any term which is not defined shall, unless the context otherwise requires, have the meaning that it has at that time, the law of that Party concerning the taxes covered by this Agreement, the meaning ascribed to this term under the tax laws of that Party prevailing over a meaning given to the term under other laws of that Party. Article 4
Profits and gains from shipping and air
1. Profits of an enterprise of a Party from the operation in international traffic of ships or aircraft shall be taxable only in the Party in which the place of effective management of the enterprise is situated.
2. Gains derived by an enterprise of a Party 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 the Party where the effective management of the enterprise is situated.
3. The provisions of paragraphs 1 and 2 shall also apply to profits and gains an enterprise of a Party from under his participation in a pool (pool), a joint business or an international operating agency .
4. If it is necessary to clarify the meaning of "profits of an enterprise of a Party from the operation in international traffic of ships or aircraft", the Parties agree to refer to section 8 (shipping, inland waterways and air) and comments on Article 8 of the Model tax Convention on income and capital of the Organisation for Economic Cooperation and Development. Article 5
Mutual Agreement Procedure 1. Where a person considers that the actions taken by a Party or both Parties result or will result for him in taxation not in accordance with this Agreement, it may, notwithstanding the remedies provided by the domestic law of those Parties, present his case to the competent authority of the Party of which he is a resident. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of this Agreement.
2. The competent authority shall endeavor, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the authority jurisdiction of the other Party, in order to avoid taxation not in accordance with this Agreement. The agreement eventually reached shall be implemented notwithstanding any time limits in the domestic law of the Parties.
3. The competent authorities of the Parties shall, by mutual agreement, to resolve any difficulties or doubts arising as to the interpretation or application of this Agreement.
4. The competent authorities of the Parties may communicate directly with each other in order to reach an agreement as indicated in the preceding paragraphs. Article 6
Entry into force 1. This Agreement is subject to ratification, acceptance or approval by the Parties in accordance with their respective laws.
The instruments of ratification, acceptance or approval shall be exchanged as soon as possible.
2. This Agreement shall enter into force on the thirtieth day following the last of the reporting dates by each Party, in writing, of the procedures required by its law. This Agreement shall apply as regards taxes payable for any tax year beginning on the 1st (first) or after January 1st (first) of January of the year next following that in which the Agreement entered into force .
3. Notwithstanding paragraphs 1 and 2 of this Article, the Agreement shall enter into force when the Agreement between the Government of the French Republic and the Government of the Isle of Man for the exchange of information for tax takes effect. Article 7 Denunciation
1. Either Party may terminate this Agreement by notice of termination by letter to the competent authority of the other Party.
2. The Agreement shall terminate the 1st (first) of January of the calendar year following the calendar year in which the notice is given.
3. Notwithstanding paragraphs 1 and 2 of this Article, the Agreement will be terminated without notice on the date of termination of the Agreement between the Government of the French Republic and the Government of the Isle of Man on the exchange of information in tax matters.
IN WITNESS WHEREOF the undersigned, duly authorized thereto by the Parties, have signed this Agreement.
Done in duplicate in English and French languages, both texts being equally authentic, in Douglas, on 26 March 2009.
Dated January 18, 2012. Nicolas Sarkozy
By the President of the Republic:
Prime Minister Francois Fillon
The Minister of State, Foreign Minister
For Alain Juppé
the Government of the French Republic:
Minister of Budget, public Accounts
and public Service
for the Government of the island Man:
Allan Robert Bell, Minister of the Treasury
(1) This Agreement entered into force on 14 January 2012.