Thursday, 13 December 2012

Questions (63, 64, 65, 66)

Kevin Humphreys

Question:

63. Deputy Kevin Humphreys asked the Minister for Finance if he will provide in alphabetical order, and in tabular form, a list of all double taxation treaties Ireland has with other countries; the date on which it came into effect and was last revised; and if he will make a statement on the matter. [56041/12]

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Kevin Humphreys

Question:

64. Deputy Kevin Humphreys asked the Minister for Finance if there is a need to revise double taxation treaties, especially with regard to other member states of the EU and key trading partners if those treaties have been in place for over 40 years; and if he will make a statement on the matter. [56042/12]

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Kevin Humphreys

Question:

65. Deputy Kevin Humphreys asked the Minister for Finance if he will provide in tabular form a list of the double taxation treaties currently in preparation within his Department; the countries involved; when the treaties are to come into effect; and if he will make a statement on the matter. [56043/12]

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Kevin Humphreys

Question:

66. Deputy Kevin Humphreys asked the Minister for Finance if he will provide in tabular form a list of countries with which Ireland does not have double taxation treaties; if there are specific priorities on that list that he intends to address; and if he will make a statement on the matter. [56044/12]

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Written answers (Question to Finance)

I propose to take Questions Nos. 63 to 66, inclusive, together.

The details requested by the Deputy in relation to double taxation treaties that are in effect are shown on the table. To date, Ireland has signed 68 double taxation agreements, of which 61 are in effect.

Revisions of existing treaties

The existing treaties with Canada (2003) and the United States (1997) replace earlier agreements from 1966 and 1949 respectively. The treaty with the United Kingdom (1976) replaces earlier agreements dating from 1926.

Treaties may also be revised by way of a protocol to the existing agreement. This is an ongoing process and several of Ireland’s treaties have amending protocols. The treaties with Austria (1966), Switzerland (1966) and the United Kingdom (1976) each has two protocols; there are also protocols updating the treaties with Germany (1962), Malaysia (1998), Portugal (1993), South Africa (1997), Sweden (1986) and the United States (1997). The details are shown in the attached table.

A new treaty will replace the existing treaty with Germany (1962) with effect from 1 January 2013. The existing treaty with the Netherlands (1962) is currently under renegotiation. There are only a small number of other treaties that are more than 40 years old and that have not been amended since date of signing, namely Belgium (1970), Cyprus (1968), France (1968), Italy (1971), Luxembourg (1972) and Zambia (1971). Of these, a protocol to the treaty with Belgium has been negotiated and it is expected that it will be signed shortly.

Treaties under negotiation and expansion of the base

Negotiations for a new agreement with Ukraine have been concluded. It is expected that this treaty will be signed shortly. It will come into force when both sides ratify it. Negotiations with Azerbaijan and with Thailand are nearing completion.

It would not be practicable to produce a tabular list of countries with which Ireland does not have a double taxation treaty. However, it can be seen from the attached table that there are gaps in Ireland's treaty coverage in Latin America, Africa and parts of Asia. Approaches are being made, in consultation with the Department of Foreign Affairs and Trade, to initiate negotiations with countries in each of these areas. The potential of double taxation agreements to support Ireland’s trade, tourism and investment strategy is taken into account in identifying countries with which we seek to enter into negotiations for such agreements.

Date of Entry into effect

Country

Date of

Income

Corporation

Capital

Signing

Tax

Tax

Gains Tax

Albania

16 Oct 2009

01 Jan 2012

01 Jan 2012

01 Jan 2012

Armenia

14 July 2011

01 Jan 2013

01 Jan 2013

01 Jan 2013

Australia

31 May 1983

06 Apr 1984

01 Jan 1984

06 Apr 1984

Austria

24 May 1966

06 Apr 1964

01 Apr 1964*

Austria Protocol

19 Jun 1987

06 Apr 1976

01 Jan 1974

06 Apr 1974

Austria Protocol

16 Dec 2009

01 May 2011

01 May 2011

01 May 2011

Bahrain

29 Oct 2009

01 Jan 2010

01 Jan 2010

01 Jan 2010

Belarus

03 Nov 2009

01 Jan 2010

01 Jan 2010

01 Jan 2010

Belgium

24 Jun 1970

06 Apr 1973

01 Apr 1973*

Bosnia Herzegovina

03 Nov 2009

01 Jan 2012

01 Jan 2012

01 Jan 2012

Bulgaria

05 Oct 2000

01 Jan 2003

01 Jan 2002

01 Jan 2003

Canada

08 Oct 2003

01 Jan 2006

01 Jan 2006

01 Jan 2006

Chile

02 Jun 2005

01 Jan 2009

01 Jan 2009

01 Jan 2009

China

19 Apr 2000

06 Apr 2001

01Jan 2001

06 Apr 2001

Croatia

21 Jun 2002

01 Jan 2004

01 Jan 2004

01 Jan 2004

Cyprus

24 Sep 1968

06 Apr 1962

01 Apr 1962*

Czech Republic

14 Nov 1995

06 Apr 1997

01 Jan 1997

06 Apr 1997

Denmark

26 Mar 1993

06 Apr 1994

01 Jan 1994

06 Apr 1994

Egypt

9 Apr 2012

Not yet in effect

Not yet in effect

Not yet in effect

Estonia

16 Dec 1997

06 Apr 1999

01 Jan 1999

06 Apr 1999

Finland

27 Mar 1992

06 Apr 1990

01 Jan 1990

06 Apr 1990

France

21 Mar 1968

06 Apr 1996

01 Apr 1996*

Georgia

20 Nov 2008

01 Jan 2011

01 Jan 2011

01 Jan 2011

Germany

17 Oct 1962

06 Apr 1959

01 Apr 1959*

Germany Protocol

25 May 2010

01 Jan 2011

01 Jan 2011

Germany - New

30 Mar 2011

01 Jan 2013

01 Jan 2013

01 Jan 2013

Greece

24 Nov 2003

01 Jan 2005

01 Jan 2005

01 Jan 2005

Hong Kong

22 Jun 2010

01 Jan 2012

01 Jan 2012

01 Jan 2012

Hungary

25 Apr 1995

06 Apr 1997

01 Jan 1997

06 Apr 1997

Iceland

17 Dec 2003

01 Jan 2005

01 Jan 2005

01 Jan 2005

India

06 Nov 2000

01 Jan 2002

01Jan 2002

01 Jan 2002

Israel

20 Nov 1995

06 Apr 1996

01 Jan 1996

06 Apr 1996

Italy

11 Jun 1971

06 Apr 1967

01 Apr 1967*

Japan

18 Jan 1974

06 Apr 1974

01 Apr 1974*

Korea (Rep. of)

18 Jul 1990

06 Apr 1992

01 Jan 1992

06 Apr 1992

Kuwait

23 Nov 2010

Not yet in effect

Not yet in effect

Not yet in effect

Latvia

13 Nov 1997

06 Apr 1999

01 Jan 1999

06 Apr 1999

Lithuania

18 Nov 1997

06 Apr 1999

01 Jan 1999

06 Apr 1999

Luxembourg

14 Jan 1972

06 Apr 1968

01 Apr 1968*

Macedonia

14 Apr 2008

01 Jan 2010

01 Jan 2010

01 Jan 2010

Malaysia

28 Nov 1998

Apr 2000

01 Jan 2000

06 Apr 2000

Malaysia Protocol

16 Dec 2009

Not yet in effect

Not yet in 06 effect

Not yet in effect

Malta

14 Nov 2008

01 Jan 2010

01 Jan 2010

01 Jan 2010

Mexico

22 Oct 1998

06 Apr 1999

01 Jan 1999

06 Apr 1999

Moldova

28 May 2009

01 Jan 2011

01 Jan 2011

01 Jan 2011

Montenegro

07 Oct 2010

01 Jan 2012

01 Jan 2012

01 Jan 2012

Morocco

22 Jun 2010

01 Jan 2012

01 Jan 2012

01 Jan 2012

Netherlands

11 Feb 1969

06 Apr 1965

01 Apr 1965*

New Zealand

19 Sep 1986

06 Apr 1989

01 Jan 1989

06 Apr 1989

Norway

22 Nov 2000

01 Jan 2002

01 Jan 2002

01 Jan 2002

Pakistan

13 Apr 1973

06 Apr 1968

01 Apr 1968*

Panama

28 Nov 2011

Not yet in effect

Not yet in effect

Not yet in effect

Poland

13 Nov 1995

06 Apr 1996

01 Jan 1996

06 Apr 1996

Portugal

01 Jun 1993

06 Apr 1995

01 Jan 1995

06 Apr 1995

Portugal Protocol

11 Nov 2005

01 Jan 2007

01 Jan 2007

01 Jan 2007

Qatar

21 Jun 2012

Not yet in effect

Not yet in effect

Not yet in effect

Romania

21 Oct 1999

06 Apr 2001

01 Jan 2001

06 Apr 2001

Russia

29 Apr 1994

06 Apr 1996

01 Jan 1996

06 Apr 1996

Saudi Arabia

19 Oct 2011

Not yet in effect

Not yet in effect

Not yet in effect

Serbia

23 Sept 2009

01 Jan 2011

01 Jan 2011

01 Jan 2011

Singapore

28 Oct 2010

01 Jan 2011

01 Jan 2011

01 Jan 2011

Slovak Republic

08 Jun 1999

06 Apr 2000

01 Jan 2000

06 Apr 2000

Slovenia

12 Mar 2002

01 Jan 2003

01 Jan 2003

01 Jan 2003

South Africa

07 Oct 1997

06 Apr 1998

01 Jan 1998

06 Apr 1998

South Africa Protocol

17 Mar 2010

01 Jan 2013**

01 Jan 2013

01 Jan 2013

Spain

10 Feb 1994

06 Apr 1995

01 Jan 1995

06 Apr 1995

Sweden

08 Oct 1986

06 Apr 1988

01 Jan 1989

06 Apr 1988

Swedish Protocol

01 Jul 1993

20 Jan 1994

20 Jan 1994

20 Jan 1994

Switzerland

08 Nov 1966

06 Apr 1965

01 Apr 1965*

Swiss Protocol

24 Oct 1980

06 Apr 1976

01 Jan 1974

06 Apr 1974

Swiss Protocol

26 Jan 2012

Not yet in effect

Not yet in effect

Not yet in effect

Turkey

24 Oct 2008

01 Jan 2011

01 Jan 2011

01 Jan 2011

UAE

01 Jul 2010

01 Jan 2011

01 Jan 2011

01 Jan 2011

United Kingdom

02 Jun 1976

06 Apr 1976

01 Jan 1974

06 Apr 1976

UK Protocol

07 Nov 1994

06 Apr 1994

01 Apr 1994

UK Protocol

04 Nov 1998

06 Apr 1999

01 Jan 1999

06 Apr 1999

USA

28 Jul 1997

06 Apr 1998

01 Jan 1998

06 Apr 1998

USA Protocol

24 Sep 1999

1 Sep 2000

01 Sep 2000

01 Sep 2000

Uzbekistan

11 July 2012

Not yet in effect

Not yet in effect

Not yet in effect

Vietnam

10 Mar 2008

01 Jan 2009

01 Jan 2009

01 Jan 2009

Zambia

29 Mar 1971

06 Apr 1967

01 Apr 1967*

* Corporation profits tax

** 1 April 2012 for some Articles (South Africa Protocol)