rijk/verdrag/briefwisseling-houdende-een-overeenkomst-tussen-het-koninkrijk-der-nederlanden-t/BWBV0006215

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Briefwisseling houdende een overeenkomst tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Republiek Kroatië betreffende automatische gegevensuitwisseling inzake inkomsten uit spaargelden in de vorm van rentebetaling	BWBV0006215	verdrag	geldend	2014-06-30	https://wetten.overheid.nl/BWBV0006215	Briefwisseling houdende een overeenkomst tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Republiek Kroatië betreffende automatische gegevensuitwisseling inzake inkomsten uit spaargelden in de vorm van rentebetaling

Briefwisseling houdende een overeenkomst tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Republiek Kroatië betreffende automatische gegevensuitwisseling inzake inkomsten uit spaargelden in de vorm van rentebetaling

Artikel 1

1. This Convention shall apply to interest paid by a Paying Agent established within the territory of one of the Contracting States with a view to enable savings income in the form of Interest Payments made in one Contracting State to Beneficial Owners who are individuals resident for tax purposes in the other Contracting State to be made subject to effective taxation in accordance with the laws of the latter Contracting State.

2. The scope of this Convention shall be limited to taxation of savings income in the form of Interest Payments on debt claims, to the exclusion, inter alia, of the issues relating to the taxation of pension and insurance benefits.

3. As regards the Kingdom of the Netherlands, this Agreement shall apply only to Sint Maarten.

Artikel 2

1.

For the purposes of this Convention, unless the context otherwise requires:

a) a) the terms “a Contracting State” and “the other Contracting State” mean: the Kingdom of the Netherlands, in respect of Sint Maarten, or the Republic of Croatia as the context requires; b) b) the term “Sint Maarten” means: the part of the Kingdom of the Netherlands, which is situated in the Caribbean area and consists of the territory of Sint Maarten, including its territorial sea and any area beyond and adjacent to its territorial sea within which the Kingdom of the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights, but excluding the part thereof relating to Saba; c) c) the “contracting party” being a Member State of the European Union means: the Republic of Croatia; d) d) the term “Directive” means Directive 2003/48/EC of the Council of the European Union of 3 June 2003 on taxation of savings income in the form of interest payments, as applicable at the date of signing this Convention; e) e) the term “Beneficial Owner(s)” means the Beneficial Owner(s) according to Article 2 of the Directive; f) f) the term “Paying Agent(s)” means the Paying Agent(s) according to Article 4 of the Directive; g) g) the term “Competent Authority” means:

        (i)
        in the case of Sint Maarten: the Minister of Finance or his authorised representative;
      
      
        (ii)
        in the case of the Republic of Croatia: the Competent Authority of that State according to Article 5 of the Directive;

(i) (i) in the case of Sint Maarten: the Minister of Finance or his authorised representative; (ii) (ii) in the case of the Republic of Croatia: the Competent Authority of that State according to Article 5 of the Directive; h) h) the term “Interest Payment(s)” means the Interest Payment(s) according to Article 6, due account being taken of Article 15, of the Directive; i) i) any term not otherwise defined herein shall have the meaning given to it in the Directive.

2. For the purposes of this Convention, in the provisions of the Directive to which this Convention refers, instead of “Member States” has to be read: Contracting States.

Artikel 3

Each Contracting State shall, within its territory, adopt and ensure the application of the procedures necessary to allow the Paying Agent to identify the Beneficial Owners and their residence for the purpose of the Articles 4 to 6. These procedures shall comply with the minimum standards established in Article 3, paragraph 2 and 3 of the Directive, with the provision, that, in relation to subparagraphs 2.a) and 3.a) of that Article, the identity and residence of the Beneficial Owner shall be established on the basis of the information which is available to the Paying Agent by virtue of the application of the relevant provisions of the law and regulations of the Contracting State where the Paying Agent is established. However, existing exemptions or dispensations, if any, provided on request to Beneficial Owners resident in the Republic of Croatia under these provisions shall cease to apply and no further exemptions or dispensations of this nature shall be provided to such Beneficial Owners.

Artikel 4

1. The Competent Authority of the Contracting State where the Paying Agent is established, shall communicate the information referred to in Article 8 of the Directive to the Competent Authority of the other Contracting State of residence of the Beneficial Owner.

2. The communication of information shall be automatic and shall take place at least once a year, within six months following the end of the tax year of the Contracting State of the Paying Agent, for all Interest Payments made during that year.

3. Information exchange under this Convention shall be treated by the Contracting States in a manner consistent with the provisions of Article 16 of Directive 2011/16/EU.

Artikel 5

1. During the transitional period referred to in Article 10 of the Directive, where the Beneficial Owner is resident in the Republic of Croatia and the Paying Agent is resident in Sint Maarten, Sint Maarten shall levy a withholding tax on Interest Payments at a rate of 35%. During this period, Sint Maarten shall not be required to apply the provisions of Article 4. It shall, however, receive information from the Republic of Croatia in accordance with that Article.

2. The Paying Agent shall levy the withholding tax in the manner as described in Article 11, paragraphs 2 and 3 of the Directive.

3. The imposition of withholding tax by Sint Maarten shall not preclude the Republic of Croatia from taxing the income in accordance with its national law.

4. During the transitional period, Sint Maarten may provide that an economic operator paying interest to, or securing interest for, an entity referred to in Article 4, paragraph 2, of the Directive, established in the Republic of Croatia shall be considered the Paying Agent in place of the entity and shall levy the withholding tax on that interest, unless the entity has formally agreed to its name, address and the total amount of interest paid to it or secured for it being communicated in accordance with the last subparagraph of that paragraph.

5. At the end of the transitional period, Sint Maarten shall be required to apply the provisions of Article 4 and shall cease to apply the withholding tax and the revenue sharing provided for in Article 5 and Article 6. If, during the transitional period, Sint Maarten elects to apply the provisions of Article 4, it shall no longer apply the withholding tax and the revenue sharing provided for in Article 5 and Article 6.

Artikel 6

1. Sint Maarten shall retain 25% of the revenue of the withholding tax mentioned in Article 5, paragraph 1, and transfer 75% of the revenue to the Republic of Croatia.

2. If Sint Maarten levies withholding tax in accordance with Article 5, paragraph 4, it shall retain 25% of the revenue and transfer 75% to the Republic of Croatia of the revenue of the withholding tax levied on interest payments made to entities referred to in Article 4, paragraph 2, of the Directive, established in the Republic of Croatia.

3. Such transfers shall take place at the latest within a period of six months following the end of the tax year of Sint Maarten.

4. Sint Maarten shall take the necessary measures to ensure the proper functioning of this revenue-sharing system.

Artikel 7

1. Sint Maarten shall provide for one or both of the procedures of Article 13, paragraph 1, of the Directive in order to ensure that the Beneficial Owners may request that no tax be withheld.

2. At the request of the Beneficial Owner, the Competent Authority of his Contracting State of residence for tax purposes shall issue a certificate in accordance with Article 13, paragraph 2, of the Directive.

Artikel 8

The Republic of Croatia shall ensure the elimination of any double taxation which might result from the imposition of the withholding tax referred to in Article 5, in accordance with the provisions of Article 14, paragraphs 2 and 3, of the Directive or will provide a refund of the withholding tax.

Artikel 9

The Convention shall not preclude the Contracting States from levying other types of withholding tax than that referred to in Article 5 in accordance with their national laws or double-taxation conventions.

Artikel 10

Before the date of accession of the Republic of Croatia to the European Union the Contracting States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Convention.

Artikel 11

The text of Article 16 of Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC, to which this Convention refers, is appended as Annex to this Convention, of which it forms an integral part.

Artikel 12

This Convention shall enter into force on the last day of the first month following the later of the dates on which the respective Governments have notified each other in writing that the formalities constitutionally required in their respective States have been complied with, and its provisions shall have effect from the date of accession of the Republic of Croatia to the European Union.

Artikel 13

This Convention shall remain in force until terminated by one of the Contracting States. Either State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year after the expiration of a period of three years from the date of its entry into force. In such event the Convention shall cease to have effect for periods beginning after the end of the calendar year in which the notice of termination has been given.