Debates Parlamentares - Diário 105S2, p. 24 (2011-03-16)

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24 | II Série A - Número: 105S2 | 16 de Março de 2011

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS

WHEREAS the Portuguese Republic and the Government of the Turks and Caicos Islands (―the Parties‖) wish to enhance and facilitate the terms and conditions governing the exchange of information relating to taxes;

WHEREAS it is acknowledged that the Turks and Caicos Islands has the right under the terms of its Entrustment from the United Kingdom to negotiate and conclude a tax information exchange agreement with the Portuguese Republic;

NOW, therefore, the Parties have agreed to conclude the following Agreement which contains obligations on the part of the Parties only:

Article 1 SCOPE OF THE AGREEMENT

The competent authorities of the Parties shall provide assistance through exchange of information upon request as set forth in this Agreement. Such information shall:

a. Be foreseeably relevant to the administration and enforcement of the domestic laws of the Requesting Party concerning taxes covered by this Agreement; b. Include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of criminal tax matters; and c. Be treated as confidential as set forth in this Agreement

Article 2 JURISDICTION

A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession of or obtainable by persons who are within its territorial jurisdiction.

Article 3 TAXES COVERED

1. This Agreement shall apply to the following taxes:

a) In respect of Portugal:

i. Personal income tax (Imposto sobre o Rendimento das Pessoas Singulares - IRS); ii. Corporate income tax (Imposto sobre o Rendimento das Pessoas Colectivas – IRC); iii. Local surtax on corporate income tax (Derrama); iv. Stamp duty on gratuitous transfers (Imposto do Selo sobre as transmissões gratuitas); and v. Value added Tax (VAT).

b) In respect of Turks and Caicos Islands:

i. The passenger tax; ii. The stamp duty;

24 | II Série A - Número: 105S2 | 16 de Março de 2011AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERSWHEREAS the Portuguese Republic and the Government of the Turks and Caicos Islands (―the Parties‖) wish to enhance and facilitate the terms and conditions governing the exchange of information relating to taxes;WHEREAS it is acknowledged that the Turks and Caicos Islands has the right under the terms of its Entrustment from the United Kingdom to negotiate and conclude a tax information exchange agreement with the Portuguese Republic;NOW, therefore, the Parties have agreed to conclude the following Agreement which contains obligations on the part of the Parties only:Article 1 SCOPE OF THE AGREEMENTThe competent authorities of the Parties shall provide assistance through exchange of information upon request as set forth in this Agreement. Such information shall:a. Be foreseeably relevant to the administration and enforcement of the domestic laws of the Requesting Party concerning taxes covered by this Agreement; b. Include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of criminal tax matters; and c. Be treated as confidential as set forth in this AgreementArticle 2 JURISDICTIONA requested Party is not obligated to provide information which is neither held by its authorities nor in the possession of or obtainable by persons who are within its territorial jurisdiction.Article 3 TAXES COVERED1. This Agreement shall apply to the following taxes:a) In respect of Portugal:i. Personal income tax (Imposto sobre o Rendimento das Pessoas Singulares - IRS); ii. Corporate income tax (Imposto sobre o Rendimento das Pessoas Colectivas – IRC); iii. Local surtax on corporate income tax (Derrama); iv. Stamp duty on gratuitous transfers (Imposto do Selo sobre as transmissões gratuitas); and v. Value added Tax (VAT).b) In respect of Turks and Caicos Islands:i. The passenger tax; ii. The stamp duty;

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