The Double Taxation Relief and International Tax Enforcement (Spain) Order 2013

Made: 11th December 2013

At the Court at Buckingham Palace, the 11th day of December 2013Present,The Queen’s Most Excellent Majesty in Council

Accordingly, Her Majesty, in exercising the powers conferred upon Her by section 2 of the Taxation (International and Other Provisions) Act 2010 and section 173(1) to (3) of the Finance Act 2006, by and with the advice of Her Privy Council, orders as follows—

Citation

1

This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Spain) Order 2013.

Double taxation and international tax enforcement arrangements to have effect

2

It is declared that—

• (a) the arrangements specified in the Convention and Protocol set out in the Schedule to this Order have been made with the Government of the Kingdom of Spain;

• (b) the arrangements have been made with a view to affording relief from double taxation in relation to capital gains tax, corporation tax and income tax and taxes of a similar character imposed by the laws of the Kingdom of Spain and for the purposes of assisting international tax enforcement; and

• (c) it is expedient that those arrangements should have effect.

SCHEDULE

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Schedule to this Order contains a Convention and a Protocol (“the Arrangements”) between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Spain dealing with the avoidance of double taxation and the prevention of fiscal evasion. This Order brings the Arrangements into effect.

The Arrangements aim to eliminate the double taxation of income and gains arising in one country and paid to residents of the other country. This is done by allocating the taxing rights that each country has under its domestic law over the same income and gains, and/or by providing relief from double taxation. There are also specific measures which combat discriminatory tax treatment and provide for assistance in international tax enforcement.

Article 1 provides for citation.

Article 2 makes a declaration as to the effect and content of the Arrangements.

The Arrangements will enter into force after the period of three months following the date of the later of the notifications by each country of the completion of its legislative procedures. They will take effect as follows:

• (i) in respect of taxes withheld at source, on or after the date on which the Convention enters into force;

• (ii) in respect of other taxes, for taxation years beginning on or after the date on which the Convention enters into force;

• (iii) for all other matters, on or after the date on which the Convention enters into force.

Until such time as the Arrangements enter into force the Convention set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Spain) Order 1976 (S.I. 1976/1919), as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Spain) Order 1995 (S.I. 1995/765), continue to have effect.

The date of entry into force will, in due course, be published in the London,Edinburgh and Belfast Gazettes.

A Tax Information and Impact Note has not been produced for this Order as it gives effect to a previously announced policy to enact a double taxation agreement.

Footnotes

[^f00001]: 2010 c. 8.

[^f00002]: 2006 c. 25.