S.I. No. 213/1934 - Double Income Tax on Shipping (Denmark) Relief Order, 1934.

STATUTORY RULES AND ORDERS. 1934. No. 213.

DOUBLE INCOME TAX ON SHIPPING (DENMARK) RELIEF ORDER, 1934.

WHEREAS it is enacted by Section 4 of the Finance Act, 1927 (No. 18 of 1927), that whenever under any law from time to time in force in any foreign state income tax or any tax corresponding to income tax is for the time being payable in respect of profits or gains arising from the business of shipping in respect of which income tax is payable in Saorstát Éireann, it shall be lawful for the Executive Council to enter into a provisional arrangement with the Government of such foreign state for the granting of relief in cases where there is a charge both to the Saorstát Éireann income tax and to the income tax or tax corresponding to income tax payable in such foreign state, and that it shall be lawful for the Governor-General by order made on the advice of the Executive Council to confirm any such provisional arrangement:

AND WHEREAS it is further enacted by the said Section 4 of the said Act that in that section the expression "business of shipping" means the business carried on by an owner of ships and that for the purpose of that definition the word "owner" includes any charterer:

AND WHEREAS under the law now in force in the Kingdom of Denmark income tax or a tax corresponding to income tax is payable in respect of profits or gains arising from the business of shipping (as defined in the said Section 4 of the said Act) in respect of which Income Tax is payable in Saorstát Éireann:

AND WHEREAS, in exercise of the powers conferred on them by the said Section 4 of the said Act, the Executive Council has entered into the Provisional Arrangement set out in the Schedule to this Order with the Royal Danish Government for relief in cases where there is a charge both to the Saorstát Éireann income tax and to the income tax or tax corresponding to income tax payable in the Kingdom of Denmark.

NOW I, DONAL BUCKLEY, Governor-General of the Irish Free State, on the advice of the Executive Council and in exercise of the powers conferred on me by Section 4 of the Finance Act, 1927 (No. 18 of 1927), and of every and any other power me in this behalf enabling do hereby order and declare as follows:—

1. The Provisional Arrangement set out in the Schedule to this Order is hereby confirmed.

2. This Order may be cited for all purposes as the Double Income Tax on Shipping (Denmark) Relief Order, 1934.

Given under my hand and sealed with the Great

Seal of the Saorstát Éireann, this 21st day of

August, 1934.

DONAL BUCKLEY.

SCHEDULE.

AGREEMENT BETWEEN THE IRISH FREE STATE AND DENMARK FOR THE RECIPROCAL EXEMPTION FROM TAXATION OF THE BUSINESS OF SHIPPING.

The Government of the Irish Free State and the Royal Danish Government, being desirous of concluding an Agreement for the reciprocal exemption from taxation of the business of shipping in certain cases, have agreed as follows:—

ARTICLE I

The Government of the Irish Free State by virtue of Section 4 of the Finance Act, 1927 , provisionally agree to grant relief from Income Tax, in respect of profits or gains arising from the business of Shipping carried on by an individual resident in Denmark, and not resident in the Irish Free State, or by a Company or Corporation whose business is managed and controlled in Denmark.

ARTICLE II

The Royal Danish Government by virtue of the Danish Taxation Acts of April 10th, 1922, and March 29th, 1924, Art. 50 and 27 respectively, provisionally agree to grant relief from Income Tax, in respect of profits or gains arising from the business of Shipping carried on by an individual resident in the Irish Free State and not resident in Denmark, or by a Company or Corporation whose business is managed and controlled in the Irish Free State.

ARTICLE III

The expression "the business of Shipping" means the business carried on by an owner of ships, and for the purpose of this definition the expression "owner" includes any charterer.

ARTICLE IV

This Agreement takes effect on the day of signature, and may be denounced by either of the Contracting Parties at any time by giving notice six months in advance.

This Agreement shall cease to have effect if, and so soon as, either the relief to be granted under Article I hereof in respect of Income Tax in the Irish Free State ceases to have legal effect, or the individuals and companies mentioned in Article II hereof cease to be exempt from the taxes therein mentioned in respect of the profits therein mentioned.

In witness whereof the Undersigned, duly authorised to that effect, have signed this Agreement and have affixed thereto their Seals.

Done in duplicate at London, this 25th April, 1934.

JOHN W. DULANTY.

P. F. AHLEFELDT-LAURVIG.