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The recommended treaty also coordinates the U.S.

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citizenship or terminate long-term endLong-lasting The withholding prices on investment revenue in the suggested Convention are the same as or reduced than those in the existing treaty.

Consistent with the current treaty, the proposed Convention normally removes source-country withholding taxes on cross-border interest and also royalty payments. Constant with present UNITED STATE tax treaty policy, source-country tax may be imposed on specific contingent interest and also repayments from an U.S. real estate home mortgage financial investment channel.

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Under the suggested treaty a business executing solutions in the other country will become taxed in the other nation just if the enterprise has a set place of company in that country. The proposed Convention maintains the present Convention's guidelines that permit for unique residence-country taxation of pensions, and constant with current UNITED STATE tax treaty policy, provides for unique source-country tax of Social Protection payments.

The suggested Convention permits the United States to acquire details (including from financial organizations) from Hungary whether Hungary requires the info for its very own tax purposes. The suggested Convention would become part of force on the date of the exchange of tools of passage. It would certainly take, with respect to tax obligations held back at source, for amounts paid or credited on or after the initial day of the 2nd month next complying with the day of entrance right into force, as well as relative to other tax obligations, for taxed years starting on or after the initial day of January next adhering to the day of entrance right into pressure.



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The proposed procedure allows the tax authorities of each country to exchange details that is foreseeably appropriate to executing the arrangements of the arrangement or the residential tax laws of either country. To name a few points, the proposed procedure would permit the United States to get information from Luxembourg whether or not Luxembourg requires the info for its very own tax objectives, as well as provides that ask for details can not be declined solely because the info is held by a financial institution or other banks.

The proposed method would certainly enter into pressure once both the United States and also Luxembourg have informed each other that their corresponding relevant procedures for adoption have been satisfied. It would certainly take relative to requests made on or after the date of entry into pressure when it come to tax years beginning on or after January 1, 2009.

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The recommended protocol replaces the existing Convention's tax details exchange stipulations with updated rules that follow current UNITED STATE tax treaty technique as well as the criteria for exchange of info established by the OECD. The proposed protocol enables the tax authorities of each nation to exchange info that may relate to executing the arrangements of the contract or the residential tax laws of either country, consisting of information that would or else be safeguarded by the bank privacy regulations of either country.

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The proposed procedure modifies a paragraph of the existing method to the existing Convention by integrating step-by-step regulations to control ask for information and an arrangement by the United States and also Switzerland that such procedural rules are to be analyzed in order not to discourage effective exchange of info. The suggested method and relevant arrangement impacted by exchange of notes update the arrangements of the existing Convention relative to the mutual contract procedure by integrating mandatory mediation of certain situations that the skilled authorities of the United States and the Swiss Confederation have actually been incapable to resolve after an affordable amount of time.

The suggested protocol would enter into pressure when the United States and also the Swiss Confederation exchange instruments of adoption. The recommended protocol would take, relative to tax obligations kept at resource, for quantities paid or credited on or after the very first day of January of the year complying with access into force.

Most significantly, in June 2010 we wrapped up the settlement of a brand-new tax treaty with Poland. The new Poland treaty, which we wish to sign quickly, will have a detailed constraint on benefits stipulation that will ensure that only residents of the United State and also Poland delight in the advantages of the treaty.

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The previous number of years have been a duration of basic modification in openness, as many privacy territories revealed their purposes to follow the international requirement of full information exchange throughout this time around. With the revisions to the Switzerland and also Luxembourg tax treaties completed, in the near future we intend to commence or renew tax treaty negotiations with a number of our various other trading companions with financial institution privacy policies as soon as those countries have eliminated all domestic regulation obstacles to full exchange of information.

In our initiatives to establish brand-new tax treaty connections, in February 2010 we signed a tax treaty with Chile, which the management really hopes to transmit to the Senate for its consideration in the close to term. If accepted by the Senate the Chile tax treaty would be particularly noteworthy since it would be just the second UNITED STATE

We will certainly now hear from Mr. Barthold, the Principal of Staff of the Joint Committee on Taxation. STATEMENT OF THOMAS A. BARTHOLD, PRIMARY OF STAFF, JOINT BOARD ON TAXES, WASHINGTON, DC Mr. Barthold. I'm the Principal of Staff of the Joint Committee on Tax, and also it's my satisfaction to present the testimony of the personnel of the joint committee concerning the proposed treaty with Hungary and the suggested tax protocols with Luxembourg as well as Switzerland.

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model. As well as, as Ms. Corwin explained, of certain note, the recommended treaty with Hungary includes the substantial limitation on benefits regulations of the UNITED STATE version. Restriction on benefits arrangements are planned to avoid third-country residents from profiting wrongly from a treaty that generally is granting benefits just to citizens of the two treaty countries, a method that is generally referred to as treaty shopping.

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And 2 of those seven treaties, consisting of the existing treaties with Hungary and also Poland, consist of arrangements offering full exception of withholding on interest repayments from one treaty country to the other, a circumstance that may present very attractive opportunities for treaty shopping. With the inclusion of the modern-day limitation on advantages guidelines, the recommended treaty with Hungary represents a substantial possibility to alleviate treaty buying.

There has been as well as remains to be multicountry worry regarding tax avoidance through overseas accounts, and also it is tax treaties that develop the range of info that can be traded between treaty countries. The recommended methods are an effort to improve the exchange of details hereof (foreign grantor trust). The recommended Swiss protocol might facilitate a lot higher exchange of information than has happened in the past, mainly by eliminating the existing treaty's requirements that the requesting treaty nation first establish tax scams or deceptive conduct as a basis for the exchange of details, and also supplying that domestic financial institution privacy legislations as well as an absence of domestic rate of interest in the asked for details might be feasible grounds for rejecting to provide the asked for information.

In addition, what is to be the standard of importance to be put on demands for details in light of the caveat against "angling explorations." The proposed procedure with Luxembourg is regular with both the OECD as well as United States design treaties. Nevertheless, the joint committee personnel does see some prospective locations of issue in the statements in the polite notes accompanying this contract.

The recommended Luxembourg protocol contains a need that all demands have to offer the identification of the person under investigation. Once more, I believe this increases a problem similar to that that I kept in mind a moment ago relative to the Swiss protocol. A 3rd question, there's a standard of significance concern to be raised in regards to what is the stated purpose for which details might be sought.

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Does such a need impose a limitation or retard the capacity of the United States to obtain required information? That ends my oral comments. I 'd be pleased to address any type of questions that the board may have. And also I do say thanks to the Treasury for their teamwork and understanding in analyzing these treaty files.

[The ready statement of Mr. Barthold follows:] Prepared Declaration of the Staff of the Joint Board on Tax Presented by Thomas A. Barthold 1 My name is Thomas A. Barthold. I am Principal of Staff of the Joint Board on Taxation. It is my satisfaction to provide the testament of the personnel of the Joint Committee on Taxation today worrying the suggested income tax treaty with Hungary and the recommended tax methods with Luxembourg as well as Switzerland.

This publication can additionally be found at --------------------------------------------------------------------------- introduction As in the past, the Joint Committee team has prepared pamphlets covering the recommended treaty as well as protocols. The pamphlets give comprehensive summaries of the recommended treaty and procedures, consisting of contrasts with the United States Model Income Tax Convention of November 15, 2006 (" UNITED STATE

--------------------------------------------------------------------------- The principal functions of the treaty and also methods are to reduce or get rid of dual tax of earnings made by citizens of either country from sources within the various other nation and to prevent avoidance or evasion of the taxes of the two countries. The suggested treaty as well as procedures additionally are meant to promote close financial teamwork in between the treaty nations and also to eliminate possible barriers to trade and financial investment brought on by overlapping tiring territories of the treaty countries.

tax treaties, these goals mainly are attained via each nation's arrangement to restrict, in particular specified circumstances, its right to tax revenue originated from its area by locals of the other country. The recommended treaty with Hungary would certainly change a present revenue tax treaty checked in 1979. The suggested method with Luxembourg would certainly modify an existing tax treaty that was authorized in 1996.

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policies on tax treaty issues. Today UNITED STATE Version treaty integrates crucial developments in UNITED STATE earnings tax treaty policy that had been reflected in U.S. earnings tax treaties checked in the years right away coming before the Version's magazine in 2006. Treaties that the United States has worked out considering that 2006 in large part adhere to the UNITED STATE

The recommended treaty and also procedures that are the topic of this hearing are, as necessary, usually constant with the stipulations located in the U.S. Design treaty. There are, nevertheless, some key distinctions from the U.S. Design treaty that I will talk about. hungary: limitation-on-benefits stipulations As a whole Like the U.S. Model treaty, the suggested treaty with Hungary includes considerable limitation-on-benefits rules (Article 22).

This technique is generally described as "treaty purchasing." A firm may engage in treaty purchasing by, as an example, arranging an associated treaty- country resident business that has no substantial presence in the treaty country. The third-country company might set up, to name a few deals, to have the related treaty-country business remove, or strip, income from the treaty country in a way that minimizes the general tax burden on that particular income.

Today treaty between the United States as well as Hungary is one of only 7 U.S. income tax treaties that do not consist of any kind of restriction- on-benefits policies. 3 Two of those 7 treaties, including the treaties with Hungary and also Poland, consist of arrangements offering full exemption from withholding on interest settlements from one treaty nation to the other treaty nation that might offer eye-catching chances for treaty shopping. 4 For example, a November 2007 record prepared by the Treasury Department at the demand of the UNITED STATE

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