The International Tax Enforcement (Gibraltar) Order 2010

Statutory Instruments

2010 No. 2680

Taxes

The International Tax Enforcement (Gibraltar) Order 2010

Made

10th November 2010

At the Court at Buckingham Palace, the 10th day of November 2010

Present,

The Queen’s Most Excellent Majesty in Council

A draft of this Order was laid before the House of Commons in accordance with section 173(7) of the Finance Act 2006(1) and approved by a resolution of that House.

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 173(1) of the Finance Act 2006, by and with the advice of Her Privy Council, orders as follows—

Citation

1.  This Order may be cited as the International Tax Enforcement (Gibraltar) Order 2010.

Tax information exchange arrangements to have effect

2.  It is declared that—

(a) the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the agreement set out in Part 2 of that Schedule have been made with the Government of Gibraltar with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of taxes, and debts relating to the taxes, covered by the agreement; and

(b) it is expedient that those arrangements should have effect.

Judith Simpson

Clerk of the Privy Council

Article 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

The Schedule to this Order contains arrangements (“the Arrangements”) dealing with the exchange of information for tax purposes between the Government of the United Kingdom and the Government of Gibraltar. This Order brings the Arrangements into effect.

Article 1 provides for citation.

Article 2 makes a declaration as to the effect and content of the Arrangements.

The Arrangements provide for the exchange of information relevant to the administration or enforcement of the taxes covered by the Arrangements by the revenue authorities of the two countries. Information will be exchanged in accordance with the provisions of the Arrangements.

The Arrangements will enter into force on the date of the later of the notifications by each country of the completion of its legislative procedures. They will take effect as follows:

(a) in respect of requests relating to criminal tax matters on the date of entry into force; and

(b) for all other requests, in relation to taxable periods beginning on or after the date of entry into force or, where there is no taxable period, for all charges to tax arising on or after that date.

The date of entry into force will, in due course, be published in the London, Edinburgh and Belfast Gazettes.

A full and final Impact Assessment has not been produced for this Order as a negligible impact on the private or voluntary sectors is foreseen.

(1)

2006 c. 25.