section 1 of the agreement on Exchange of information in tax matters
The Kingdom of Sweden and the Isle of Man signed on 30
October 2007, together with the exchange of letters annexed
to the agreement and which form an integral part of this effect
as law in this country. Agreement and exchange of letters are written
in English. The English text as well as a Swedish translation
set out in annex to this law.
Transitional provisions
2008:1301
1. This law shall enter into force on the day the Government determines.
2. This Act applies to tax years beginning on 1
January of the year following the year in which the law comes into force or later
or, if the tax year is missing, on tax levied on 1
January of the year following the year in which the law comes into force or later.
In cases that make up skattebrotts cases under the agreement to
the law shall apply with effect from the entry into force.
Annex
(Translation)
AGREEMENT BETWEEN THE KINGDOM OF SWEDEN AND THE ISLE OF MAN FOR
THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS
Whereas the Government of the Kingdom of Sweden and the
The Government of the Isle of Man ("the Parties") have long been
active in international efforts in the fight against financial
and other crimes, including the targeting of terrorist
financing;
Whereas it is acknowledged that the Isle of Man under the terms
of its Entrustment from the United Kingdom has the right to
negotiate, conclude, perform and subject to the terms of this
Agreement terminate a tax information exchange agreement with
the Kingdom of Sweden;
Whereas the Isle of Man entered into a political commitment to
the OECD's principles of effective exchange of information;
Whereas the Parties wish to enhance and facilitate the terms
and conditions governing the exchange of information relating
to taxes;
Now, therefore, the Parties have agreed to conclude the
following Agreement which contains obligations on the part of
the Parties only:
Article 1
Scope of the agreement
The Parties shall provide assistance through the exchange of
information that is foreseeably relevant to the administration
and enforcement of the domestic laws of the Parties concerning
taxes covered by this Agreement, including information that is
foreseeably relevant to the determination, assessment and
collection of such taxes, the recovery and enforcement of tax
claims with respect to persons liable to such taxes, or to the
investigation or prosecution of tax matters in relation to such
person's. A requested Party is not obliged to provide
information which is neither held by its authorities nor in the
possession of nor obtainable by persons who are within its
territorial jurisdiction. The rights and safeguards secured to
persons by the laws or administrative practice of the requested
Party remain applicable. The requested Party shall use its best
endeavour's to ensure that the effective exchange of information
is not unduly prevented or delayed.
Article 2
Taxes covered
1. This Agreement shall apply to the following taxes imposed by
the Parties:
(a) in the case of Sweden:
(i) the national income tax (State income tax);
(ii) the withholding tax on dividends (withholding tax);
(iii) the income tax on non-residents (the Special
income tax for non-residents);
(iv) the income tax on non-resident artistes and athletes (the
Special income tax for non-resident artists, etc.);
and
(v) the municipal income tax (municipal income tax);
(b) in the case of the Isle of Man:
taxes on income or profit.
2. This Agreement shall apply also to any identical taxes
imposed after the date of signature of the Agreement in
addition to, or in place of, the existing taxes. This Agreement
shall also apply to any substantially similar taxes imposed
After the date of signature of the Agreement in addition to, or
in place of, the existing taxes if the Parties so agree.
Furthermore, the taxes covered may be expanded or modified by
mutual agreement of the Parties in the form of an exchange of
letters. The competent authority of each Party shall notify the
other of substantial changes in laws which may affect the
bond of that Party pursuant to this Agreement.
Article 3
Definition
1. In this Agreement:
(a) "Sweden" means the Kingdom of Sweden and, when used in a
geographical sense, includes the national territory, the
territorial sea of Sweden as well as other maritime areas over
which Sweden in accordance with international law exercises
sovereign rights or jurisdiction;
(b) "Isle of Man" means the island of the Isle of Man;
(c) "company" means any body corporate or any entity that is
treated as a body corporate for tax purposes;
(d) "competent authority" means, in the case of the Isle of
Man, the Assessor of Income Tax or his delegate and in the case
of Sweden, the Minister of Finance, his authorised
representative or the authority which is designated as a
competent authority for the purposes of this Agreement;
(e) "criminal laws" means all criminal laws designated as such
under domestic law, irrespective of whether such are contained
in the tax laws, the criminal code or other pieces;
(f) "criminal tax matters" means tax matters involving
intentional conduct which is liable to prosecution under the
the criminal laws of the requesting Party;
(g) "information gathering measures" means laws and
administrative or judicial procedures enabling the requested
Party to obtain and provide the information requested;
(h) "information" means any fact, statement, document or record
in whatever form;
(i) "legal privilege" means
(i) communications between a professional legal advisor and his
client or any person representing his client made in connection
with the giving of legal advice to the client;
(ii) communications between a professional legal advisor and
his client or any person representing his client or between
such an advisor or his client or any such representative and
any other person made in connection with, or in contemplation
of, legal proceedings and for the purposes of such proceedings;
and
(iii) items enclosed with or referred to in such communications
and made
(a) in connection with the giving of legal advice; or
(b) in connection with, or in contemplation of, legal
proceedings and for the purposes of such proceedings, when they
are in the possession of a person who is entitled to possession
of them.
Items held with the intention of furthering a criminal purpose
are not subject to legal privilege;
(j) "person" means a natural person, a company or any other body
or group of persons;
(k) "public collective investment scheme" means any scheme or
Fund, in which the purchase, sale or redemption of shares or
other interests is not implicitly or explicitly restricted to a
limited group of investors;
(l) "publicly traded company" means any company whose principal
class of shares is listed on a recognised stock exchange
provided its listed shares can be readily purchased or sold by
the public. Shares can be purchased or sold "by the public" if
the purchase or sale of shares is not implicitly or explicitly
restricted to a limited group of investors;
(m) "principal class of shares" means the class or classes of
shares representing a majority of the voting power and value of
the company;
(n) "recognised stock exchange" means any stock exchange agreed
upon by the competent authorities of the Parties;
(o) "requested Party" means the Party to this Agreement which
is requested to provide or has provided information in response
to a request;
(p) "requesting Party" means the Party to this Agreement
submitting a request for or having received information from
the requested Party;
(q) "tax" means any tax covered by this Agreement.
2. As regards the application of this Agreement at any time by
a Party, any term not defined therein shall, unless the context
otherwise requires, have the meaning that it has at that time
under the law of that Party, any meaning under the applicable
tax laws of that Party prevailing over a meaning given to the
the term under other laws of that Party.
Article 4
Exchange of information upon request
1. The competent authority of the requested Party shall provide
upon request by the requesting Party information for the
purposes referred to in Article 1. Such information shall be
exchanged without regard to whether the requested Party needs
such information for its own tax purposes or the conduct being
investigated would constitute a crime under the laws of the
requested Party if it had occurred in the territory of the
requested Party. The competent authority of the requesting
Party shall only make a request for information pursuant to
This Article when it is unable to obtain the requested
information by other means, except where recourse to such means
would give rise to disproportionate difficulty.
2. If the information in the possession of the competent
authority of the requested Party is not sufficient to enable it
to comply with the request for information, the requested Party
shall at its own discretion use all relevant information
gathering measures necessary to provide the requesting Party
with the information requested, notwithstanding that the
requested Party may not need such information for its own tax
purposes.
3. If specifically requested by the competent authority of the
requesting Party, the competent authority of the requested
Party shall provide information under this Article, to the
extent allowable under its domestic laws, in the form of
deposition of witnesses and authenticated copies of the original
records.
4. Each Party shall ensure that it has the authority, for the
purposes referred to in Article 1, to obtain and provide,
through its competent authority and upon request:
(a) information held by banks, other financial institutions,
and any person, including nominees and trustees, acting in an
Agency or fiduciary capacity;
(b) (i) information regarding the beneficial ownership of
companies, partnerships, foundations and other persons,
including in the case of collective investment schemes,
information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees
and beneficiaries.
Further, this Agreement does not create an obligation for a
Party to obtain or provide ownership information with respect
to publicly traded companies or public collective investment
schemes, unless such information can be obtained without giving
rise to disproportionate difficulties.
5. Any request for information shall be formulated with the
greatest detail possible in specifying in writing;
(a) the identity of the person under examination or
investigation;
(b) the period for which the information is requested;
(c) the nature of the information requested and the form in
which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought;
(e) the reasons for believing that the information requested is
foreseeably relevant to tax administration and enforcement of
the requesting Party, with respect to the person identified in
subparagraph (a) of this paragraph;
(f) grounds for believing that the information requested is
held in the requested Party or is in the possession of or
obtainable by a person within the jurisdiction of the requested
Party;
(g) to the extent known, the name and address of any person
believed to be in possession or control of the information
requested;
(h) a statement that the request is in conformity with the laws
and administrative practices of the requesting Party, that if
the requested information was within the jurisdiction of the
requesting Party then the competent authority of the requesting
Party would be able to obtain the information under the laws of
the requesting Party or in the normal course of administrative
practice and that it is in conformity with this Agreement;
(i) a statement that the requesting Party has pursued all means
available in its own territory to obtain the information,
except those that would give rise to disproportionate
difficulty.
6. The competent authority of the requested Party shall
acknowledge receipt of the request to the competent authority
of the requesting Party and shall use its best endeavour's to
forward the requested information to the requesting Party as
soon as possible.
Article 5
Tax examination abroad
1. With reasonable notice, the requesting Party may request
that the requested Party allow representatives of the competent
authority of the requesting Party to enter the territory of the
requested Party, to the extent permitted under its domestic
laws, to interview individuals and examine records with the
written consent of the individuals or other persons concerned.
The competent authority of the requesting Party shall notify
the competent authority of the requested Party of the time and
place of the intended meeting with the individuals concerned.
2. At the request of the competent authority of the requesting
Party, the competent authority of the requested Party may
permit representatives of the competent authority of the
requesting Party to attend a tax examination in the territory
of the requested Party.
3. If the request referred to in paragraph 2 is granted, the
competent authority of the requested Party conducting the
examination shall, as soon as possible, notify the competent
authority of the requesting Party of the time and place of the
examination, the authority or person authorised to carry out
the examination and the procedures and conditions required by
the requested Party for the conduct of the examination. All
decisions regarding the conduct of the examination shall be
made by the requested Party conducting the examination.
Article 6
Possibility of declining a request
1. The competent authority of the requested Party may decline
to assist:
(a) where the request is not made in conformity with this
Agreement;
(b) where the requesting Party has not pursued all means
available in its own territory to obtain the information,
except where recourse to such means would give rise to
disproportionate difficulty; or
(c) where the disclosure of the information requested would be
contrary to public policy (ordre public).
2. This Agreement shall not impose upon a requested Party any
obligation to provide items subject to legal privilege, or any
trade, business, industrial, commercial or professional secret
or trade process, provided that information described in
Article 4 (4) shall not by reason of that fact alone be treated
as such a secret or trade process.
3. A request for information shall not be refused on the ground
that the tax claim giving rise to the request is disputed.
4. The requested Party shall not be required to obtain and
provide information which, if the requested information was
within the jurisdiction of the requesting Party, the competent
authority of the requesting Party would not be able to obtain
under its laws or in the normal course of administrative
practice.
5. The requested Party may decline a request for information if
the information is requested by the requesting Party to
administer or enforce a provision of the tax law of the
requesting Party, or any requirement connected therewith, which
discriminates against a national or citizen of the requested
Party as compared with a national or citizen of the requesting
Party in the same circumstances.
Article 7
Confidentiality
1. All the information provided and received by the competent
authorities of the Parties shall be kept confidential.
2. Such information shall be disclosed only to persons or
authorities (including courts and administrative bodies)
concerned with the purposes specified in Article 1, and used by
such persons or authorities only for such purposes, including
the determination of any appeal. For these purposes,
information may be disclosed in public court proceedings or in
judicial decisions.
3. Such information may not be used for any purpose other than
for the purposes stated in Article 1 without the express
written consent of the competent authority of the requested
Party.
4. Information provided to a requesting Party under this
Agreement may not be disclosed to any other jurisdiction.
Article 8
Costs
Unless the competent authorities of the Parties otherwise
agree, ordinary costs incurred in providing assistance shall be
borne by the requested Party, and extraordinary costs incurred
in providing assistance (including costs of engaging external
advisors in connection with litigation or otherwise) shall be
borne by the requesting Party. The respective competent
authorities shall consult from time to time with regard to this
Article, and in particular the competent authority of the
requested Party shall consult with the competent authority of
the requesting Party in advance if the costs of providing
information with respect to a specific request are expected to
be significant.
Article 9
Language
Requests for assistance and responses thereto shall be drawn up
in English.
Article 10
Mutual agreement procedure
Where difficulties or doubts arise between the Parties
regarding the implementation or interpretation of this
Agreement, the respective competent authorities shall use their
best efforts to resolve the matter by mutual agreement.
Article 11
Entry into force
This Agreement shall enter into force on the thirtieth day
After the later of the dates on which each of the Parties has
notified the other in writing that the procedures required by
its law have been complied with. The Agreement shall have
effect:
(a) for criminal tax matters on that date; and
(b) for all other matters covered in Article 1 on that date,
but only in respect of any tax year beginning on or after the
first day of January of the year next following that in which
This Agreement enters into force or, where there is no tax
year, all charges to tax arising on or after that date.
Article 12
Termination
1. This Agreement shall remain in force until terminated by a
Party. Either Party may terminate the Agreement by giving
written notice of termination at least six months before the
the end of any calendar year. In such event, the Agreement shall
cease to have effect on taxes chargeable for any tax year
beginning on or after the first day of January of the year next
following the end of the six months period. All requests
received up to the effective date of termination will be dealt
with in accordance with the terms of this Agreement.
2. If the Agreement is terminated the Parties shall remain
bound by the provisions of Article 7 with respect to any
information obtained under this Agreement.
In witness whereof the undersigned being duly authorised
thereto have signed this Agreement.
Done at Oslo, this Thirtieth day of October 2007, in duplicate
in the English language.
For the Government of the Kingdom of Sweden
Hansson
For the Government of the Isle of Man
Allan Robert Bell
I have the honour to refer to the Agreement between the Isle of
Man and the Kingdom of Sweden for the Exchange of Information
relating to Tax Matters (hereinafter referred to as ' the
Agreement ") which was signed on 30 October, 2007, and to
confirm, on behalf of the Government of Sweden, the following
understanding reached between our two Governments.
When applying the Agreement the taxes referred to in paragraph
1 (a) of Article 2 shall include the yield tax on pension funds
(the yield tax on pension funds).
This exchange of letters shall form an integral part of the
Agreement and shall enter into force in accordance with Article
11 at the same time the Agreement enters into force.
If this is in accordance with your understanding, I would
appreciate an acknowledgment from you to that effect.
Accept, Excellency, the renewed assurances of my highest
consideration.
Dated at Stockholm, 25 September, 2008
Anders Borg
(Translation)
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6th October 2008
Excellency,
I have the honour to acknowledge the receipt of your letter of
25 September 2008 which reads as follows:
"I have the honour – – – assurances of my highest
consideration. "
I have the honour to confirm, on behalf of the Government of
the Isle of Man, that the treatment of the yield tax on pension
funds as specified by you, is in accordance with our
understanding.
Accept, Excellency, the renewed assurances of my highest
consideration. "
Allan Bell
Minister for the Treasury
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The form of an exchange of letters on september 25, 2008 and on October 6
2008
(Translation)
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AGREEMENT BETWEEN THE KINGDOM OF SWEDEN AND THE ISLE OF MAN FOR THE EXCHANGE OF
INFORMATION IN TAX MATTERS
When the Government of the Kingdom of Sweden and the Isle of Man Government
("the parties") have long been involved in international
efforts in the fight against financial and other crime,
including the financing of terrorism,
When it confirmed that the Isle of Man in accordance with the conditions laid down for its
authorization from the United Kingdom has the right to negotiate,
enter into, carry out, and under the conditions laid down in this agreement say
up an agreement with the Kingdom of Sweden concerning the exchange of
information in tax matters,
When the Isle of Man politically is committed to the OECD
principles for effective exchange of information,
on which the parties are to improve and facilitate the terms and
the conditions for the exchange of information in tax matters,
the parties have agreed to conclude the following agreement, which
entails obligations only for the parties:
Article 1
The scope of the agreement
The Parties shall assist each other with assistance through the exchange of
information likely to be relevant for the administration
and enforcement of the parties ' internal laws on
taxes covered by this agreement, including
information likely to be relevant for further prosecution;
establishing and levying of such taxes, collection and
other enforcement measures on tax claims in question
If any person who is liable to such taxes, or for
investigation or prosecution of tax matters with respect to such
persons. The requested Party is not required to provide
information which is neither held by its authorities or
held by or accessible to persons within its
jurisdiction. The rights and protection conferred on persons
According to the legislation of the requested Contracting Party or administrative
law remains applicable. The requested Party shall make every effort
to ensure an effective exchange of
information is not unduly prevented or delayed.
Article 2
Taxes covered by the agreement
1. This agreement shall apply to the following taxes which accrue
of the parties:
(a)) in Sweden:
1. the State income tax,
2. the withholding tax rate,
3. the Special income tax for non-residents,
4. the Special income tax for non-residents artists
and others, and
5. the municipal income tax,
(b)) in the Isle of Man:
tax on income or profits.
2. the agreement also applies to the taxes of the same kind after
the signing of the agreement accrue in addition or instead
for the currently outgoing taxes. If the parties agree
Accordingly, the agreement also on treasures of essentially similar
kind after the signing of the agreement charged alongside
or instead of the currently outgoing taxes. To
the taxes covered by the agreement can be amended or
changes to be made by mutual agreement between the parties
by utväxlande of letters. the competent authority of each
party must notify the other significant changes made to the
its legislation which may affect that party's obligations
pursuant to this agreement.
Article 3
Definitions
1. In this agreement:
(a)), the "Sweden" the Kingdom of Sweden and the includes, when
the term is used in the geographical sense, the territory of Sweden,
Sweden's territorial waters and other maritime areas over which the
Sweden, in accordance with international law, exercises
sovereign rights or jurisdiction;
(b)) means "Isle of Man" the island of the Isle of Man,
(c)), the "company" or other legal entity which, at
taxation is treated as a legal person,
(d)), the "competent authority", in the Isle of Man, "the Judge of
Income Tax "or his authorized representative and in Sweden,
the Minister of finance or his authorised representative or the
authority to which has been assigned to be the competent authority in
the application of this agreement,
e) refers to the "criminal law" all criminal law as
is referred to as such in internal law, regardless of whether the
included in the tax law, criminal law or other
regulations;
f) refers to "skattebrotts business" tax matters involving
intentional acts which under criminal law of the
requesting party may be subject to criminal prosecution;
g) refers to "funds with a view to obtaining information" legislation and
administrative measures or judicial measures which allow
for the requested party to obtain and provide the requested
information,
(h)) refers to "information" means any fact, statement,
document or Protocol regardless of the form,
I) refers to the obligation of professional secrecy in relation to jurdisk advice "
1) communications between a professional legal adviser and
his client, or person acting on behalf of the client, in
legal advice,
2) communications between a professional legal adviser and
his client, or person acting on behalf of the client or between
such an advisor or his client or any such representative and
any person, in connection with or during the consideration of the
legal proceedings and in connection with such proceedings,
and
3) information enclosed with or referred to in such
communication
(a)) in connection with legal advice, or
(b)) in connection with or during the consideration of the legal
procedures, and in view of such procedures, when these
information held by a person with the right to possess them.
Information that is held with a view to promote the offenses covered
not of "professional secrecy in connection with legal advice",
j) means "person" natural persons, companies and other
Association,
k) refers to "public collective investment scheme" a
system or a Fund in which the purchase, sale or redemption of the
shares or other rights are not implicitly or
explicitly restricted to a limited circle of investors,
l) refers to companies whose shares are the object of general circulation "
a company whose principal class of shares is listed on a recognised
Stock Exchange provided its listed shares freely
can be purchased or sold by the public. Shares can be bought or
sold "by the public" about the purchase or sale of shares not
implicitly or explicitly restricted to a limited
circle investors,
m) refers to "principal class of shares" the class of shares which
represents the majority of the votes in, and the value of the company,
n) refer to the "recognized stock exchange" such stock as the competent
authorities of the parties agreed,
o) refer to the "requested Party" the party which has been requested to
provide or have provided information on request,
p) refer to "requesting party" the Contracting Party requests or have
received the information from the requested Party;
q) refers to "tax" means any tax covered by this agreement.
(2) where a party applies the agreement at a particular time are considered,
unless the context gives rise to different, every expression
not defined in this agreement have the meaning the term has
at the time, according to the party's laws. The
meaning the term has under the applicable
tax legislation in force in that party owns override
meaning the term has under other legislation in this party.
Article 4
Exchange of information on request
1. the competent authority of the requested Party shall on
the request of the requesting Party shall provide information to the
purposes set out in article 1. Such information shall be exchanged
without regard to whether the requested Party needs
information for its own tax purposes or if
the conduct under investigation would have been
an offence under the law of the requested Contracting Party if it owned
within the territory of the requested Contracting Party. The competent
authority of the requesting Party shall only request
information under this item when it is unable to obtain
information provided by other measures, except in cases where
the adoption of such measures would impose a disproportionate
serious trouble.
2. where the information available to the competent
authority of the requested Party is not sufficient to
respond to a request for information, the requested Party
-Notwithstanding that the requested Party may not need
of the information for its own tax purposes-after
its sole discretion use all appropriate means to obtain
information to provide the information requested to the
requesting party.
3. Where the competent authority of the requesting party specifically
request, to the competent authority of the requested Party-
to the extent permitted by its internal
legislation-provide information under this article in the form
by written by witness certificates and certified copies of documents.
4. Each Party shall ensure that it has the power to
through their competent authorities on request, for the purposes
set out in article 1, to obtain and submit:
a) information held by banks, other financial
institutions, and any other person, including counsel and
Trustees, acting as representative or trustee,
(b)) 1) information about the actual ownership of the company,
trading companies, foundations and other persons, including in
the case of collective investment schemes, information on
stocks, shares and other rights,
2) in the case of trusts, information on founders, managers and
beneficiaries.
This agreement imposes no obligation on any party to seek
or provide information on the ownership structure of companies whose
shares are subject to the general circulation or public systems
for collective investment, unless such information
can be obtained without disproportionate
difficulties.
5. any request for information must be in writing and
designed as fully as possible with indication of:
a) identity of the person under investigation or
examination,
(b)) for the time period information is sought;
c) type of information required and the form in which the
requesting party wishes the information to be provided,
(d)) the tax purpose for which the information
in demand,
e) reasons for believing that the information requested may be expected
be relevant in the requesting party in tax administration
and enforcement in respect of the person that is identified
According to a) of this paragraph,
f) reasons for believing that the information requested is contained in
the requested Party or is in the possession of, or is available for
a person within the territory of the requested Contracting Party,
g) as far as it is known, the name and address of the person to be adopted
hold or verify the information requested,
h) indicating that the request is in conformity with
legislation and administrative practices of the requesting party
and to the competent authority of the requesting party, if they
information requested existed within that party's jurisdiction-
would be able to obtain the information under legislation or
established administrative practices of the requesting party as well as to
the request is in conformity with this agreement;
I) stating that the requesting party has taken all the
steps to obtain information at its
disposal within its own territory, but such measures
would give rise to disproportionate difficulties.
6. the competent authority of the requested Party shall, to the
competent authority of the requesting Party shall confirm
receipt of the request and shall endeavour to
possible to supply the information requested to the requesting
party.
Article 5
Abroad carried out tax investigations
1. The requesting party may with reasonable notice, request that the
requested Party allow representatives of the competent
authority of the requesting party to be present in the requested
party-to the extent permitted by its
internal legislation-to hear private individuals and
review documents after written consent by the natural
persons or others affected. The competent authority of the
requesting party must notify the competent authority of the
requested party time and place of the planned meeting with
the people in question.
2. at the request of the competent authority of the requesting
party, the competent authority of the requested Party may grant
the agents of the competent authority of the requesting
the party is present at the tax investigation on the requested
party's territory.
3. Awarded damages a request referred to in paragraph 2, the competent
authority of the requested party conducting the investigation as soon as possible
inform the competent authority of the requesting party
time and place of the investigation, the authority or person
authorized to carry out the investigation, as well as the procedures and
terms and conditions as the requested Party for the performance of
the investigation. All decisions regarding the conduct of the investigation
shall be taken by the requested party conducting the investigation.
Article 6
The possibility to refuse the request
1. The competent authority of the requested Party may refuse
request
(a)) when the request is not made in conformity with this agreement;
(b)) when the requesting party has not taken all the measures
in order to obtain the information at its disposal
within its own territory, except in cases where the adoption of
such measures would entail disproportionate
difficulties, or
c) when the provision of the information requested would be contrary to
General view of public policy.
2. This agreement shall not give rise to an obligation on the requested
party to disclose information covered by the "secrecy in
related to legal advice "or trade, business,
industrial or professional secret or of a commercial secret
or in the course of trade, uses procedures, subject
for that information should not be construed as such a secret or
such a procedure only because they are those that
specified in article 4 (4).
3. A request for information shall not be refused on the ground that
the tax claim giving rise to the request disputed.
4. the requested Party shall have no obligation to seek and
provide information which the competent authority of the requesting
party-if the information requested existed in this party
jurisdiction-not able to obtain under its laws or
established administrative practices.
5. the requested Party may refuse a request for information, if
the information requested by the requesting party in order to
administer or enforce a provision of the requesting
the party's tax law or related requirements
discriminate against a national of the requested Party in relation
of a national of the requesting party under the same
conditions.
Article 7
Privacy
1. All information given and received by the competent
authorities of the parties should be kept secret.
2. Such information may be disclosed only to persons or
authorities (including courts and administrative bodies)
that is concerned with the purposes referred to in article 1 and shall
use of these persons or authorities only for such
purposes, including the processing of appeals. For
these purposes, the information may be divulged in public trial
or in judicial decisions.
3. Such information shall not, without the express written
consent of the competent authority of the requested Party
be used for purposes other than those referred to in article 1.
4. Information provided to a requesting party under this
Agreement may not be disclosed to any other jurisdiction.
Article 8
Costs
Unless otherwise agreed by the competent authorities of the
the parties to the requested party bear the usual costs
for assistance and the requesting party for the costs of
assistance which cannot be regarded as usual (including
the cost of hiring outside counsel in connection with
process or for other purposes). The competent authorities shall
from time to time its deliberations in the case of this article and
in particular, the competent authority of the requested Party shall in
advance consultation with the competent authority of the requesting
Party of the costs to provide information in response to
of a given request is expected to be high.
Article 9
Language
Request for assistance and response to such a request shall be established
in English.
Article 10
Mutual agreement
Where difficulties or doubts arise between the parties to the
question on the application or interpretation of this agreement, the
competent authorities make efforts to give its decision by
mutual agreement.
Article 11
Date of entry into force
This agreement shall enter into force on the thirtieth day following the date
When the last of the written notifications-each
Government should leave when the measures required under
their respective legislation, has been provided. The agreement should
applied:
(a)) in skattebrotts matters: as from that date,
b) in all other cases covered by article 1: from
on this day, but only for tax years beginning on 1
January of the year following the immediately following the year in which the agreement
enters into force or later, or if the tax year is missing, on
tax levied on the same day or later.
Article 12
Termination
1. this agreement will remain in force until it is terminated by a
party. Each party can terminate the agreement in writing by
notice to that effect at least six months before the expiry of any
calendar year. In the event of such termination, the agreement ceases to
apply in respect of tax charged for tax years beginning
on 1 January of the year following immediately after the end of
the six-month period or later. Request received before
on the day on which the contract is terminated will be treated in accordance with the conditions laid down
in this agreement.
2. If the agreement is terminated, the parties remain bound by
the provisions of article 7 with regard to information
received under this agreement.
In witness whereof the undersigned, being duly
authorized, have signed this agreement.
Which took place in Oslo on 30 October 2007, in duplicate in the
English language.
For the Government of the Kingdom of Sweden
Hansson
For the Isle of Man Government
Allan Robert Bell
I have the honour to refer to the October 30, 2007
signed agreement between the Isle of Man and the Kingdom of
Sweden on Exchange of information in tax matters (in the
the following term: Agreement), as well as on behalf of Sweden's
Government to confirm the following understanding reached between
our two Governments.
For the purposes of this agreement, the taxes referred to in article 2
paragraph 1 (a)) include the yield tax on pension funds.
This exchange of letters shall form an integral part of the agreement
and should enter into force in accordance with article 11 by
the same time as the entry into force of the agreement.
If this is in line with your views, I would
appreciate confirmation of this from you.
Please accept, your Excellency, the renewed assurances of my highest
consideration.
Signed at Stockholm on 25 september 2008
Anders Borg
October 6, 2008
Your Excellency,
I have the honour to acknowledge receipt of your letter dated
september 25, 2008, which reads as follows:
"I have the honor – – – assurances of my highest consideration."
I have the honor to confirm, on behalf of the Government of the Isle of man,
to the of Your proposed treatment of the yield tax on
pension funds, are in line with our view.
Please accept, your Excellency, the renewed assurances of my highest
consideration.
Allan Bell
Minister for the Treasury
