New Zealand - Denmark Tax Treaty

Schedule 1

Double Taxation Relief (Denmark) Order 1981

Reprinted as at 10 June 1985

Article 26—continued (b)

to any part of the territory of Denmark which is specifically excluded from the application of the Convention and which imposes taxes substantially similar in character to those to which the Convention applies. Any such extension shall take effect from such date and subject to such modifications and conditions (including conditions as to termination) as may be specified and agreed between the Contracting States in notes to be exchanged through diplomatic channels or in any other manner in accordance with their constitutional procedures.

Unless otherwise agreed by both Contracting States, the termination of the Convention by one of them under Article 28 shall also terminate, in the manner provided for in that Article, the application of the Convention to any territory, or to any part of any territory, to which it has been extended under this Article.

Article 27 Entry into Force 1.

The Contracting States shall notify each other that the constitutional requirements for the entry into force of this Convention have been complied with. This Convention shall enter into force on the date of the latter of the notifications referred to in paragraph 1 and its provisions shall have effect: (a) in New Zealand: in respect of income assessable for the income year beginning on 1 April 1981 and subsequent years; (b) in Denmark: in respect of income arising on or after 1 January 1981 and subsequent years.

Article 28 Termination This Convention shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Convention, 24

Reprinted as at 10 June 1985

Double Taxation Relief (Denmark) Order 1981

Schedule 1

Article 28—continued through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year beginning after the year 1984. In such event, the Convention shall cease to have effect: (a) in New Zealand: in respect of income assessable for the income year beginning on 1 April in the calendar year next following that in which the notice of termination is given, and subsequent years; (b) in Denmark: in respect of income arising for the calendar year next following that in which the notice of termination is given, and subsequent years.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed the present Convention.

DONE in duplicate at Copenhagen this 10th day of October 1980 in the English language.

For the Government of New Zealand Brian Talboys

For the Government of the Kingdom of Denmark Kjeld Olesen

Schedule 1

Double Taxation Relief (Denmark) Order 1981

Reprinted as at 10 June 1985

Protocol to the Convention between the Government of New Zealand and the Government of the Kingdom of Denmark for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion. At the signing of the Convention concluded today between the Government of New Zealand and the Government of the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed upon the following additional provisions which shall form an integral part of the said Convention. It is agreed that: (a) for the purposes of sub-paragraph (a) of paragraph 1 of Article 2, the New Zealand income tax does not include the bonus issue tax; (b) nothing in Articles 7 and 21 shall apply to either Contracting State to prevent the operation in the Contracting State of any provisions of its law at any time in force relating to the taxation of any income from the business of any form of insurance provided that if the law in force in either Contracting State at the date of signature of this Convention relating to the taxation of that income is varied (otherwise than in minor respects so as not to affect its general character), the Contracting States shall consult each other with a view to agreeing to such amendment of this paragraph as may be appropriate; (c) if, at any time after the date of signature of this Protocol, New Zealand shall include an Article on non-discrimination in any of its double taxation conventions, the Government of New Zealand shall without undue delay inform the Government of the Kingdom of Denmark and shall enter into negotiations with the Government of the Kingdom of Denmark with a view to including such an Article in the present Convention.

DONE in duplicate at Copenhagen this 10th day of October 1980 in the English language.

Reprinted as at 10 June 1985

Double Taxation Relief (Denmark) Order 1981

Schedule 1

Protocol—continued For the Government of New Zealand Brian Talboys

For the Government of the Kingdom of Denmark Kjeld Olesen

Schedule 2

Double Taxation Relief (Denmark) Order 1981

Reprinted as at 10 June 1985

Schedule 2 Second Protocol to the Convention between the Government of New Zealand and the Government of the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Schedule 2: added, on 10 June 1985, by clause 2(2)(b) of the Double Taxation Relief (Denmark) Order 1981, Amendment No 1 (SR 1985/111).

The Government of New Zealand and the Government of the Kingdom of Denmark, Desiring to conclude a second Protocol to the Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed at Copenhagen on 10 October 1980, Have agreed as follows:

Article 1 The following new Article 22A (Non-Discrimination) shall be inserted after Article 22 (Methods of Elimination of Double Taxation):

Article 22A Non-Discrimination 1.

Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. For the purposes of this Article the term “nationals” means:

(a) all individuals possessing the citizenship of a Contracting State; (b) all legal persons, partnerships and associations deriving their status as such from the laws in force in a Contracting State. The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State

Reprinted as at 10 June 1985

Double Taxation Relief (Denmark) Order 1981

Schedule 2

Article 22A—continued

shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. Except where the provisions of paragraph 1 of Article 9 (Associated Enterprises), paragraph 6 of Article 11 (Interest), or paragraph 6 of Article 12 (Royalties) apply, interest, royalties and other disbursements paid by a resident of a Contracting State to a resident of the other Contracting State shall, for the purposes of determining the taxable profits of the first-mentioned resident, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which enterprises of the first-mentioned State carrying on the same activities, the capital of which is owned or controlled by residents of the first-mentioned State, are or may be subjected.

This Article shall not apply to any provision of the taxation laws of a Contracting State which: (a) is reasonably designed to prevent or defeat the avoidance or evasion of taxes; or (b) is in force on the date of signature of this Protocol, or is substantially similar in general purpose or intent to any such provision but is enacted after that date;

provided that any such provision (except where that provision is in an international agreement) does not allow for different treatment of residents or nationals of the other Contracting State as compared with the treatment of residents or nationals of any third State. Nothing in this Article shall be construed as preventing a Contracting State from distinguishing in its taxation laws between residents and non-residents solely on the basis of their residence and to levy taxes or grant exemption, relief, reduction or allowance for tax purposes accordingly. 29

Schedule 2

Double Taxation Relief (Denmark) Order 1981

Reprinted as at 10 June 1985

Article 22A—continued 8.

In this Article the terms “taxation” and “taxes” mean the taxes to which this Convention applies.

The Contracting States shall notify each other through diplomatic channels that the constitutional requirements for the entry into force of this Protocol have been complied with.

This Protocol, which shall form an integral part of the Convention, shall enter into force on the date of the later of the notifications referred to in paragraph 1 and its provisions shall have effect:

(a) in New Zealand: for any income year beginning on or after 1 April in the calendar year next following the date on which this Protocol enters into force; (b) in Denmark: in respect of income arising on or after 1 January in the calendar year next following the date on which this Protocol enters into force.

Article 2

DONE at Copenhagen this 12th day of March 1985 in the English language.

For the Government of New Zealand T C Obrien

For the Government of the Kingdom of Denmark Peter Dyvig

P G Millen, 30

Reprinted as at 10 June 1985

Double Taxation Relief (Denmark) Order 1981

Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 30 April 1981.

Notes

Double Taxation Relief (Denmark) Order 1981

Reprinted as at 10 June 1985

Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 5 List of amendments incorporated in this reprint (most recent first)

Notes 1

General This is a reprint of the Double Taxation Relief (Denmark) Order 1981. The reprint incorporates all the amendments to the order as at 10 June 1985, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked

Reprinted as at 10 June 1985

Double Taxation Relief (Denmark) Order 1981

Notes

are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force. 4

Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5 point) • layout of provisions, including: • indentation • position of section headings (eg, the number and heading now appear above the section) • format of definitions (eg, the defined term now appears in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

Double Taxation Relief (Denmark) Order 1981

Notes

Reprinted as at 10 June 1985

position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) • small capital letters in section and subsection references are now capital letters schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

List of amendments incorporated in this reprint (most recent first) Double Taxation Relief (Denmark) Order 1981, Amendment No 1 (SR 1985/111)

Wellington, New Zealand: Published under the authority of the New Zealand Government—2011

Disclaimer

Although we use our best efforts to keep the information of this site accurate and up-to-date, we make no representations or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this website. We disclaim any warranties expressed or implied, merchantability, or fitness for any particular purpose. We shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. The contents of this website are just for illustrative purposes and are NOT to be considered as a legal opinion or tax advice and should not be relied upon as such. Far Horizon Capital Inc., and any associated company, is not engaged in the practice of law or tax. If you wish to receive a legal opinion or tax advice on the matter(s) in this website please contact our offices and we will refer you to an appropriate legal practitioner. Use of our websites FlagTheory.com, Incorporations.io, Residencies.io, Passports.io, is subject to our terms and conditions.