S.I. No. 30/2013 - Double Taxation Relief (Taxes on Income and on Capital) (Swiss Confederation) Order 2013.

1. This Protocol shall be ratified and the instruments of ratification shall be exchanged as soon as possible.

2. This Protocol shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect

a

) in respect of taxes withheld at source on amounts paid or credited on or after the first day of January of the calendar year next following the entry into force of this Protocol;

b

) in respect to Article 26 of the Convention, to information that relates to taxation years or business years beginning on or after the first day of January of the calendar year next following the entry into force of this Protocol;

c

) for all other matters, for taxation years beginning on or after the first day of January of the year next following the entry into force of this Protocol.

In witness whereof, the undersigned, duly authorised to that effect, have signed this Protocol.

Done in duplicate at Dublin, this 26th day of January 2012, in the French and English languages, each version being equally authentic.

For the Government of the Ireland

For the Swiss Federal Council

Brian Hayes

Beat Loeliger

GIVEN under the Official Seal of the Government,

22 January 2013.

ENDA KENNY,

Taoiseach.

3. Regarding paragraph 4 of Article 12

Where

a

) an individual domiciled in Ireland ceases to be a resident in Ireland,

b

) disposes of property acquired prior to the first day of the year in which he ceased to be resident in Ireland as mentioned in subparagraph a) above, and

c

) then becomes resident again in Ireland within 5 years of ceasing to be so resident,

the provisions of paragraph 4 shall not affect the right of Ireland to tax the individual according to its law by reference to that disposal but the amount of the tax charged shall not exceed the amount of tax that would be charged on the amount of any gain arising on a deemed disposal by the individual of that property at market value on the day immediately before the first day of the year in which he ceased to be resident in Ireland as mentioned in subparagraph a) above.

4. Regarding Article 25

It is understood that, if at any time after the date of signature of this Protocol, Ireland agrees to include a provision on arbitration in any of its double taxation conventions, the Government of Ireland shall immediately inform the Swiss Federal Council and the competent authorities of both States shall, without delay, enter into negotiations with a view to include in the present Convention a provision on arbitration taking account of paragraph 5 of Article 25 of the OECD Model Tax Convention.

5. Regarding Article 26

a

) It is understood that an exchange of information will only be requested once the requesting Contracting State has exhausted all regular sources of information available under the internal taxation procedure.

b

) It is understood that the standard of “foreseeable relevance” is intended to provide for exchange of information in tax matters to the widest possible extent and, at the same time, to clarify that the Contracting States are not at liberty to engage in “fishing expeditions” or to request information that is unlikely to be relevant to the tax affairs of a given taxpayer.

c

) It is understood that the tax authorities of the requesting State shall provide the following information to the tax authorities of the requested State when making a request for information under Article 26

(i) the identity of the person(

s

) under examination or investigation;

(ii) the period of time for which the information is requested;

(iii) a statement of the information sought including its nature and the form in which the requesting State wishes to receive the information from the requested State;

(iv) the tax purpose for which the information is sought;

(v) to the extent known, the name and the address of any person believed to be in possession of the requested information.

While this subparagraph contains important procedural requirements that are intended to ensure that fishing expeditions do not occur, clauses (i) through (v) nevertheless need to be interpreted in order not to frustrate effective exchange of information.

d

) It is understood that Article 26 of the Convention does not require the Contracting States to exchange information on an automatic or a spontaneous basis.

e

) It is understood that in case of an exchange of information, the administrative procedural rules regarding taxpayers’ rights provided for in the requested Contracting State remain applicable before the information is transmitted to the requesting Contracting State. It is further understood that this provision aims at guaranteeing the taxpayer a fair procedure and not at preventing or unduly delaying the exchange of information process.”

ARTICLE VII

6. The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 6 or Article 13, as the case may be, shall apply.

7. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the companys undistributed profits to a tax on the companys undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.”

ARTICLE III

The references to “subparagraph b) of paragraph 1 of Article 9” in paragraph 3 of Article 22 (Elimination of Double Taxation) shall be replaced by “paragraph 2 of Article 9”.

ARTICLE IV

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

29

th January

, 2013.

WHEREAS it is enacted by

section 826

(1) (as amended by

section 157

of the

Finance Act 2010

(No. 5 of 2010)) of the

Taxes Consolidation Act 1997

(No. 39 of 1997) that where the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to affording relief from double taxation in respect of income tax, corporation tax in respect of income and chargeable gains, capital gains tax or any taxes of a similar character imposed by the laws of the State or by the laws of that territory and, in the case of taxes of any kind or description imposed by the laws of the State or the laws of that territory, in relation to exchanging information for the purposes of the prevention and detection of tax evasion, granting relief from taxation under the laws of that territory to persons who are resident in the State for the purposes of tax or collecting and recovering tax (including interest, penalties and costs in connection with such tax) for the purpose of the prevention of tax evasion, and that it is expedient that those arrangements should have the force of law, and that the order so made is referred to in Part 1 of Schedule 24A of the

Taxes Consolidation Act 1997

, then, subject to section 826 of that Act, the arrangements shall, notwithstanding any enactment, have the force of law as if such order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 1 of Schedule 24A

AND WHEREAS it is further enacted by

section 826

(6) of the

Taxes Consolidation Act 1997

that where such an order is proposed to be made, a draft of the order 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 the following 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 826

(1) (as substituted by

section 35

of the

Finance Act 2007

) of the

Taxes Consolidation Act 1997

, hereby order as follows