Law (2008:1301) If Agreement Between Sweden And The Isle Of Man For The Exchange Of Information In Tax Matters

Original Language Title: Lag (2008:1301) om avtal mellan Sverige och Isle of Man om utbyte av upplysningar i skatteärenden

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:1301

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



- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -



The form of an exchange of letters on september 25, 2008 and on October 6

2008



(Translation)



- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -



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