S.I. No. 397/2013 - Double Taxation Relief (Taxes on Income and Capital Gains) (Ukraine) Order 2013.

1. Each of the Contracting States shall notify to the other, through the diplomatic channel the completion of the procedures required by its domestic law for the bringing into force of this Convention. This Convention shall enter into force on the date of the later of these notifications and shall thereupon have effect

a) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of January next following the date on which the Convention enters into force;

b) in respect of other taxes

(i) in the case of Ireland, for any financial year as respects corporation tax and for any year of assessment as respects income tax, universal social charge on income and capital gains tax beginning on or after the first day of January next following the date on which the Convention enters into force;

(ii) in the case of Ukraine, for taxable periods beginning on or after the first day of January next following the date on which the Convention enters into force.

2. As respects relations between Ukraine and Ireland, the Agreement dated 17 December 1986 between the Government of the Union of Soviet Socialist Republics and the Government of Ireland for the Avoidance of Double Taxation of Air Transport Undertakings and their Employees shall cease to have effect from the date on which the provisions of this Convention take effect.

Article 28

TERMINATION

This Convention shall remain in force until terminated by one of the Contracting States. Either Contracting State may terminate the Convention, through the diplomatic channel, by giving notice of termination at least six months before the end of any calendar year beginning after the expiry of five years from the date of entry into force of the Convention.

In such event, the Convention shall cease to have effect

a) in respect of taxes withheld at source, for amount paid or credited on or after the first day of January next following the day on which the notice is given;

b) in respect of other taxes

(i) in the case of Ireland, for any financial year as respects corporation tax and for any year of assessment as respects income tax, universal social charge on income and capital gains tax beginning on or after the first day of January next following the date on which the Notice is given;

(ii) in the case of Ukraine, for taxable periods beginning on or after the first day January next following the date on which the notice is given.

In witness whereof the undersigned, duly authorised thereto have signed this Convention.

Done in duplicate at Kiev this 19th day of April 2013 in Ukrainian and English languages, both texts being equally authoritative.

For the Government of Ireland

For the Government of Ukraine

Brian Hayes

Yuriy Kolobov

PROTOCOL

to the Convention

between the Government of Ireland

and the Government of Ukraine

for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains

On signing the Convention between the Government of Ireland and the Government of Ukraine for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, the signatories have agreed that the following provisions shall form an integral part of the Convention.

Ad Article 7

With reference to the interpretation of paragraphs 2 and 3 of Article 7, the Contracting States agree that regard shall be had to the Commentary in the OECD Model Tax Convention on Income and Capital on paragraphs 2 and 3 of Article 7 of the Model, as it read on 15 July 2005 after the adoption of the sixth update of the Model by the Council of the OECD.

Ad Articles 11 and 12

If, after the date of signature of this Convention, Ukraine should agree in any Convention for the Avoidance of Double Taxation to grant exemption from Ukrainian tax on interest or royalty payments arising in the Ukraine or to apply lower rates of Ukrainian tax on such payments than those provided for in Articles 11 and 12 of this Convention, then the Contracting States shall have the right to renegotiate these Articles with a view to the application of such exemption or lower rate.

In witness whereof the undersigned, duly authorised thereto have signed this Protocol.

Done in duplicate at Kiev this 19th day of April 2013 in Ukrainian and English languages, both texts being equally authoritative.

For the Government of Ireland

For the Government of Ukraine

Brian Hayes

Yuriy Kolobov

GIVEN under the Official Seal of the Government,

8 October 2013.

ENDA KENNY,

Taoiseach.

3. In no case shall the provisions of paragraphs 1 and 2 of this Article be construed so as to impose on a Contracting State the obligation

a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;

b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;

c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy (ordre public).

4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 of this Article but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information.

5. In no case shall the provisions of paragraph 3 of this Article be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.

Article 26

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Convention shall affect the fiscal privileges accorded to members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.

Article 27

ENTRY INTO FORCE

6. Gains from the alienation of any property other than that referred to in the preceding paragraphs of this Article shall be taxable only in the Contracting State of which the alienator is a resident.

7. The provisions of paragraph 6 of this Article shall not affect the right of a Contracting State to levy, according to its law, a tax on gains from the alienation of any property derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during five years immediately preceding the alienation of the property if the property was held by the individual before he became a resident of that other State.

Article 14

INDEPENDENT PERSONAL SERVICES

8. Notwithstanding the provisions of paragraph 2 of this Article, interest arising in a Contracting State shall be exempt from tax in that State if—

a) the beneficial owner of the interest is the Government of the other Contracting State, or any agency thereof authorised as such by the Government of that other Contracting State, or

b) such interest is paid—

i) in respect of any loan made, guaranteed or insured, or

ii) in respect of any debt claim of whatever kind guaranteed, insured or directly or indirectly financed

by, or on behalf of, the Government of either Contracting State or any agency thereof authorised as such by the Government of the Contracting State.

Article 12

ROYALTIES

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

11

th October

, 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 amended by

section 157

of the

Finance Act 2010

(No. 5 of 2010)) of the

Taxes Consolidation Act 1997

, hereby order as follows