COUNCIL DIRECTIVE 2003/48/EC of 3 June
2003 on taxation of savings income in the form of interest
payments
Article 15
Negotiable
debt securities
1. During the transitional period referred to in
Article 10, but until 31 December 2010 at the latest, domestic and
international bonds and other negotiable debt securities which
have been first issued before 1 March 2001 or for which the
original issuing prospectuses have been approved before that date
by the competent authorities within the meaning of Council
Directive 80/390/EEC (1) or by the responsible authorities in
third countries shall not be considered as debt claims within the
meaning of Article 6(1)(a), provided that no further issues of
such negotiable debt securities are made on or after 1 March 2002.
However, should the transitional period referred to in
Article 10 continue beyond 31 December 2010, the provisions of
this Article shall only continue to apply in respect of such
negotiable debt securities:
— which contain gross-up and early redemption clauses and
— where the paying agent as defined in Article 4 is established
in a Member State applying the withholding tax referred to in
Article 11 and that paying agent pays interest to, or secures the
payment of interest for the immediate benefit
of, a beneficial owner resident in another Member State.
If a further issue is made on or after 1 March 2002 of an
aforementioned negotiable debt security issued by a Government or
a related entity acting as a public authority or whose role is
recognised by an international treaty, as defined in the Annex,
the entire issue of such security, consisting of the original
issue and any further issue, shall be considered a debt claim
within the meaning of Article 6(1)(a).
If a further issue is made on or after 1 March 2002 of an
aforementioned negotiable debt security issued by any other issuer
not covered by the second subparagraph, such further issue
shall be considered a debt claim within the meaning of Article
6(1)(a).
2. Nothing in this Article shall prevent Member States from taxing
the income from the negotiable debt securities referred to in
paragraph 1 in accordance with their national laws.
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