COUNCIL DIRECTIVE 2003/48/EC of 3 June
2003 on taxation of savings income in the form of interest
payments
CHAPTER III TRANSITIONAL PROVISIONS Article
10
Transitional period
1. During a transitional period starting on the date
referred to in Article 17(2) and (3) and subject to Article 13(1),
Belgium, Luxembourg and Austria shall not be required to apply the
provisions of Chapter II.
They shall, however, receive information from the other Member
States in accordance with Chapter II.
During the transitional period, the aim of this Directive shall be
to ensure minimum effective taxation of savings in the form of
interest payments made in one Member State to beneficial
owners who are individuals resident for tax purposes in another
Member State.
2. The transitional period shall end at the end of the first full
fiscal year following the later of the following dates:
— the date of entry into force of an agreement between the
European Community, following a unanimous decision of the Council,
and the last of the Swiss Confederation, the
Principality of Liechtenstein, the Republic of San Marino, the
Principality of Monaco and the Principality of Andorra, providing
for the exchange of information upon request as defined in the
OECD Model Agreement on Exchange of Information on Tax Matters
released on 18 April 2002 (hereinafter the ‘OECD Model Agreement’)
with respect to interest payments, as defined in this Directive,
made by paying agents established within their respective
territories
to beneficial owners resident in the territory to which the
Directive applies, in addition to the simultaneous application by
those same countries of a withholding tax on such payments at the
rate defined for the corresponding periods referred to in Article
11(1),
— the date on which the Council agrees by unanimity that the
United States of America is committed to exchange of information
upon request as defined in the OECD Model Agreement with respect
to interest payments, as defined in this directive, made by paying
agents established within its territory to beneficial owners
resident in the territory to which the Directive applies.
3. At the end of the transitional period, Belgium, Luxembourg and
Austria shall be required to apply the provisions of Chapter II
and they shall cease to apply the withholding tax and the revenue
sharing provided for in Articles 11 and 12.
If, during the transitional period, Belgium, Luxembourg or
Austria elects to apply the provisions of Chapter II, it shall no
longer apply the withholding tax and the revenue sharing provided
for in Articles 11 and 12.
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