Agreement between the competent authorities of Latvia and Belgium concerning mutual administrative assistance with respect to taxes on income On the basis of - the 77/799/EEC Council Directive of 19 D
Agreement between the competent authorities of Latvia and Belgium concerning mutual administrative assistance with respect to taxes on income
On the basis of
- the 77/799/EEC Council Directive of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums as amended (hereinafter referred to as "the Directive"), and
- article 26 of the Convention between the Republic of Latvia and the Kingdom of Belgium for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, signed on 21 April 1999, (hereinafter referred to as "the Convention"),
and having regard to the desire of both authorities to increase mutual assistance, the competent authorities of Latvia and Belgium agree on the following provisions concerning :
- exchange of information,
- simultaneous tax examinations,
- the presence of tax officials of one State in the territory of the other State.
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EXCHANGE UPON REQUEST
The competent authorities commit themselves to apply their powers and authorities in the most liberal fashion possible in implementing the Directive and Article 26 of the Convention. They shall provide information upon request as soon as possible.
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AUTOMATIC EXCHANGE OF INFORMATION
The competent authorities shall regularly exchange without prior request information concerning :
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business profits referred to in Article 7 of the Convention;
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income from professional services and other independent activities referred to in Article 14 of the Convention;
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salaries, wages and other similar remuneration referred to, as the case may be, in Articles 15 and 19 of the Convention;
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directors' fees, attendance fees and other similar payments referred to in Article 16 of the Convention;
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income of artistes and sportsmen referred to in Article 17 of the Convention;
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pensions, other similar remuneration, life annuities, alimony, capital, surrender values and "replacement income" (i.e. indemnities, various annuities or allowances, which compensate a loss of professional income due to unemployment, illness, an accident or another analogous circumstance) referred to, as the case may be, in Articles 18, 19 or 22 of the Convention;
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fees, commissions, brokerage, returns, pay and other remuneration paid to individuals or legal persons;
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information (assessment notice or calculation note) with respect to the personal income tax levied by one State on the residents of the other State.
Information referred to in this section shall, as possible, be delivered according to the OECD Standard Magnetic Format for automatic exchange, or any further updated format recommended by the OECD Council. This information includes, if possible, the Taxpayer Identification Number (TIN) of non-resident taxpayers that is attributed to them by their State of residence.
Information with respect to a certain calendar year or period shall be transmitted as soon as possible after the end of that year or period.
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SPONTANEOUS EXCHANGE OF INFORMATION
The competent authority of one State shall, without prior request, forward the information referred to in Article 1, ß 1 of the Directive and Article 26 of the Convention that its tax administration has identified to the competent authority of the other State.
This spontaneous exchange concerns in particular, but is not limited to :
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situations referred to in article 4, ß 1 of the Directive;
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transfers of the residence of a person from one State to the other State;
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the assessment notices or calculation notes with respect to income tax levied by one State on individuals who are residents of that State and who derive in the other State income which is taxable in that other State;
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information concerning immovable property referred to in Article 6 of the Convention and income from such property;
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information concerning capital gains referred to in Article 13 of the Convention.
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SIMULTANEOUS TAX EXAMINATIONS
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Definition
For the purpose of this Agreement the term ´ simultaneous tax examination ª means an examination carried out according to an agreement of both participating States to examine simultaneously and independently, each on its own territory, the tax affairs of one or more taxpayer(s) in which they have a common or related interest, with a view to exchanging any relevant information which they so obtain.
Any exchange of information resulting from such simultaneous examination, either on request or spontaneous, shall be made through the competent authorities.
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Objectives
The purposes of...
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