Guernsey and the Netherlands desire to strengthen their economic and trading relationship.
Both Parties have long been active in international efforts in the fight against financial
and other crimes including fiscal crimes and each recognises the other’s commitment
to comply with international standards on money laundering, terrorist financing and
financial regulation.
Guernsey and the Netherlands are committed to deepening their relationship through
cooperation on greater transparency and exchange of information on tax matters and
with the objective of achieving a double taxation agreement taking account of the
specific characteristics of the tax systems of both Parties. Thereby the relationship
between Guernsey and the Netherlands is and will continue to be enhanced to the Parties
mutual benefit.
The Netherlands recognises Guernsey’s commitment to a policy of improving co-operation,
reflected, inter alia, in the signing by Guernsey of an Agreement on the Taxation
of Savings Income with the Netherlands and each of the other EU Member States. Furthermore,
the Netherlands recognises Guernsey’s commitment towards the work of the OECD’s Global
Forum on Taxation to achieve a global level playing field in the areas of transparency
and effective exchange of information for tax purposes.
Guernsey and the Netherlands have agreed to introduce immediately:
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– a tax information exchange agreement;
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– a mutual agreement procedure in connection with the adjustment of profits of associated
enterprises;
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– a mutual agreement procedure in connection with the conditions for the application
of the Netherlands participation exemption and, on this basis, a mutual understanding
that will secure the application of the Netherlands participation exemption in accordance
with the rules as set out in the Netherlands corporate income tax Act.
As soon as is practicable, and preferably no later than twelve months after the signing
of these agreements, Guernsey and the Netherlands shall continue negotiations with
the objective of entering into an agreement for the avoidance of double taxation with
respect to enterprises operating ships or aircraft in international traffic.
Six months after the entry into force of these instruments negotiations will continue
on further measures needed to alleviate undesired tax barriers and other obstacles
of a discriminatory nature that may be included in the domestic tax legislation of
the Parties. In preparation for resuming negotiations Guernsey and the Netherlands
will study their respective tax systems to identify which undesired tax barriers and
other obstacles should be addressed. In due course it is the intention to integrate
partial results achieved into a double taxation agreement.
Two years after the date of the entry into force of the measures signed today, Guernsey
and the Netherlands will jointly evaluate the results achieved and will consider which
further steps may be necessary.
Formal communications, including requests for information, made in connection with
or pursuant to the provisions of the Agreements entered into will be in writing directly
to the competent authority of the other party at the addresses given below, or such
other address as may be notified by one party to the other from time to time. Any
subsequent communications regarding requests for information will be either in writing
or verbally, whichever is most practical, between the earlier mentioned competent
authorities or their authorised representatives.
In the case of Guernsey the address is
In the case of the Netherlands the address is
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– The Fiscal Information and Investigations Service /Economic Investigation Service,
Belastingdienst /FIOD-ECD /Team Internationaal,
Postbus 59395
1040 KJ Amsterdam