S.I. No. 435/2015 - Double Taxation Relief (Taxes on Income) (Federal Democratic Republic of Ethiopia) Order 2015.

1. A Common Contractual Fund (CCF) established in Ireland shall not be regarded as a resident of Ireland and shall be treated as fiscally transparent for the purposes of granting treaty benefits.

2. With respect to paragraph 2(

f

) of Article 5, a “commercial warehouse” refers to facilities maintained by an enterprise of a Contracting State for storage of goods or merchandise for other enterprises for profit purposes.

3. With respect to paragraph 2(

a

) of Article 15, the reference to “in the calendar year concerned” means the Gregorian calendar.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Protocol.

Done in duplicate at Addis Ababa this 3rd day of November, 2014, in the English language.

Sean Sherlock

Ahmed Shide

FOR THE GOVERNMENT OF

IRELAND

FOR THE GOVERNMENT OF

THE FEDERAL DEMOCRATIC

REPUBLIC OF

ETHIOPIA

GIVEN under the Official Seal of the Government,

13 October 2015.

ENDA KENNY,

Taoiseach.

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 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 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 28

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

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

Article 29

ENTRY INTO FORCE

6. For the purpose of paragraph 2, the term “Ethiopian tax payable” shall be deemed to include any amount which would have been payable as Ethiopian tax but for any exemption or reduction of tax granted to promote economic development in Ethiopia under the provisions of Council of Ministers Regulation No. 270/2012 on Investment Incentives and Investment Areas Reserved for Domestic Investors, as they may be updated or amended from time to time, provided that the scope of activities covered by such provisions is not materially changed up to the date of signature of this Convention. The competent authorities of the Contracting States may consult with each other to resolve any matter that may arise concerning the proper application and administration of this paragraph.

This paragraph shall apply with respect to profits of the company during the period of five years immediately following the date of entry into force of this Convention. This period may be extended by agreement between the competent authorities of the Contracting States.

Article 25

NONDISCRIMINATION

7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the lastmentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.

Article 12

ROYALTIES

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

16

th October

, 2015.

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