S.I. No. 97/1955 - Double Taxation Relief (Sea Or Air Transport, (Kingdom of Denmark) Order, 1955.

S.I. No. 97 of 1955.

DOUBLE TAXATION RELIEF (SEA OR AIR TRANSPORT, (KINGDOM OF DENMARK) ORDER, 1955.

WHEREAS it is enacted by section 15 of the Finance Act, 1951 (No. 15 of 1951), that the Government may by order confirm and give the force of law to an arrangement entered into by the Government with the government of a foreign state with a view to affording relief from double taxation in cases where income derived from the business of sea or air transport is chargeable both in the State and in the foreign state to income tax, or to any tax corresponding to income tax, or to any other tax on profits :

AND WHEREAS it is further enacted by that section that where an order is proposed to be made under that section, a draft thereof shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann :

AND WHEREAS a draft of this Order has been laid before Dáil Éireann and a resolution approving of the draft has been passed by Dáil Éireann :

NOW the Government, in exercise of the powers conferred on them by section 15 of the Finance Act, 1951 (No. 15 of 1951), and of every and any other power them in this behalf enabling, hereby order as follows :

1. This Order may be cited as the Double Taxation Relief (Sea or Air Transport) (Kingdom of Denmark) Order, 1955.

2. The arrangement set out in the Schedule to this Order is hereby confirmed and given the force of law.

SCHEDULE.

AGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE ROYAL DANISH GOVERNMENT FOR THE AVOIDANCE OF DOUBLE TAXATION ON INCOME DERIVED FROM THE BUSINESS OF SEA AND AIR TRANSPORT.

The Government of Ireland and the Royal Danish Government, considering the Agreement of the 25th April, 1934, between their two countries for the reciprocal exemption from taxation of the business of shipping, and, being desirous of extending the reciprocal exemption from taxation to the business of air transport, have agreed to substitute, for the above-mentioned Agreement, an Agreement in the following terms :

ARTICLE I.

In the present Agreement :

(a) the term " Irish undertakings " means the Government of Ireland, physical persons resident in Ireland and not resident in the Kingdom of Denmark, and corporations and partnerships constituted under the laws of Ireland and managed and controlled in Ireland ;

(b) the term " Danish undertakings " means the Royal Danish Government, physical persons resident in the Kingdom of Denmark and not resident in Ireland, and corporations and partnerships constituted under the laws of the Kingdom of Denmark and managed and controlled in the Kingdom of Denmark ;

(c) the term " business of sea or air transport " means the business of transporting persons, goods or mail carried on by the owner or charterer of ships or aircraft.

ARTICLE II.

(1) All income derived from the business of sea or air transport between Ireland and other countries by Danish undertakings engaged in such business shall be exempt from income tax and all other taxes on profits which are chargeable in Ireland.

(2) All income derived from the business of sea or air transport between the Kingdom of Denmark and other countries by Irish undertakings engaged in such business shall be exempt from income tax and all other taxes on profits which are chargeable in the Kingdom of Denmark.

ARTICLE III.

(1) The present Agreement shall be approved by each contracting party in accordance with its legal procedure and shall enter into force on the date of exchange of notes indicating such approval, having effect in respect of income earned as from the 1st January, 1951.

The exchange of notes shall take place in Dublin as soon as possible.

(2) The Agreement of the 25th April, 1934, for the reciprocal exemption from taxation of the business of shipping shall cease to have effect upon the coming into force of the present Agreement.

ARTICLE IV.

This Agreement may be terminated by either party by giving six months' notice in writing to the other party.

Done in duplicate the 18th day of October, 1954.

GIVEN under the Official Seal of the Government, this 20th day of May, 1955.

JOHN A. COSTELLO,

Taoiseach.