Citation

1.  This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Moldova) Order 2008.

Double taxation arrangements to have effect

2.  It is declared that—

(a)the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Republic of Moldova with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of the Republic of Moldova;

(b)those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and

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

Article 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

A Convention dealing with the avoidance of double taxation and fiscal evasion between the United Kingdom and the Republic of Moldova (“the Convention”) is set out in the Schedule to this Order.

Article 2 makes a declaration as to the effect and content of arrangements set out in the Convention contained in Part 1 of the Schedule to the Order and in the Protocol contained in Part 2 of that Schedule and that it is expedient that those arrangements should have effect.

A detailed explanation of the Convention can be found in the Explanatory Memorandum published with the Convention and which may be accessed on the web site of the Office of Public Sector Information at http://www.opsi.gov.uk/stat.htm

The Convention will enter into force on the date of the later of the notifications by each country of the completion of its legislative procedures.

It will take effect in the Republic of Moldova—

• in respect of taxes withheld at source, on income derived on or after 1st January of the calendar year next following the year in which this Convention enters into force; and

• in respect of other taxes on income and on capital, to taxes chargeable for any tax year beginning on or after 1st January of the calendar year next following the year in which this Convention enters into force.

It will take effect in the United Kingdom—

• in respect of income tax and capital gains tax, for any year of assessment beginning on or after 6th April next following the date on which this Convention enters into force; and

• in respect of corporation tax, for any financial year beginning on or after 1st April next following the date on which this Convention enters into force (see Article 28 of the Convention).

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

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.