3. Article — Informācijas nodošana, ko veic izmaksātājs

1. a)) par faktiskā īpašnieka identitāti un rezidenci saskaņā ar šī Līguma 7.pantu;
2. (1)) Where interest payments, as defined in Article 9 of this Agreement, are made by a paying agent established in the Republic of Latvia to beneficial owners, as defined in Article 6 of this Agreement, who are residents of the BVI, or where the provisions of Article 4(1)(a) of this Agreement apply, the paying agent shall report to its competent authority
3. (2)) Within six months following the end of their tax year, the competent authority of the Republic of Latvia shall communicate to the competent authority of the BVI, automatically, the information referred to in paragraph 1 (a)-(d) of this Article, for all interest payments made during that year.
4. b)) par izmaksātāja nosaukumu (vārdu, uzvārdu) un adresi;
5. (1)) The BVI when levying a withholding tax in accordance with Article 2 of this Agreement shall provide for one or both of the following procedures in order to ensure that the beneficial owners may request that no tax be withheld:
6. c)) par faktiskā īpašnieka bankas konta numuru vai, ja tāda nav, tad par tās parādu saistības identifikāciju, uz kā pamata rodas uzkrājumu ienākums; un
7. (2)) At the request of the beneficial owner, the competent authority of the contracting party of the country of residence for tax purposes shall issue a certificate indicating:
8. d)) nodod informāciju par uzkrājumu ienākuma maksājumiem, kāda ir noteikta šī Līguma 5.panta pirmajā daļā. Tomēr katra līgumslēdzēja puse var ierobežot minimālās informācijas apjomu, kas jāsniedz izmaksātājam par uzkrājumu ienākuma maksājumiem, kas veikti faktiskajam īpašniekam taksācijas gada laikā, pieprasot viņam ziņot vienīgi par kopējo procentu vai ienākumu apmēru un kopējo ieņēmumu apmēru, kas gūts no pārdošanas, izpirkšanas vai atmaksāšanas;
9. (3)) Where paragraph (1)(a) of this Article applies, the competent authority of the BVI in which the paying agent is established shall communicate the information referred to in Article 3(1) of this Agreement to the competent authority of the Republic of Latvia as the country of residence of the beneficial owner. Such communications shall be automatic and shall take place at least once a year, within six months following the end of the tax year established by the laws of a contracting party, for all interest payments made during that year.
10. (1)) A paying agent established in the BVI shall levy withholding tax in accordance with Article 2 of this Agreement as follows:
11. (2)) For the purposes of sub-paragraphs (a) and (b) of paragraph 1 of this Article, the withholding tax shall be deducted on a pro rata basis to the period during which the beneficial owner held the debt-claim. If the paying agent is unable to determine the period of holding on the basis of the information made available to him, the paying agent shall treat the beneficial owner as having been in possession of the debt-claim for the entire period of its existence, unless the latter provides evidence of the date of the acquisition.
12. (3)) The imposition of withholding tax by the BVI shall not preclude the Republic of Latvia from taxing income in accordance with its national law.
13. (4)) During the transitional period, the BVI may provide that an economic operator paying interest to, or securing interest for, an entity referred to in Article 8(2) of this Agreement in the other contracting party shall be considered the paying agent in place of the entity and shall levy the withholding tax on that interest, unless the entity has formally agreed to its name, address and the total amount of the interest paid to it or secured for it being communicated in accordance with the last paragraph of Article 8(2) of this Agreement.
14. (1)) For the purposes of this Agreement, "beneficial owner" means an individual who receives an interest payment or any individual for whom an interest payment is secured, unless such individual can provide evidence that the interest payment was not received or secured for his own benefit. An individual is not the beneficial owner when he:
15. (2)) Where a paying agent has information suggesting that the individual who receives an interest payment or for whom an interest payment is secured may not be the beneficial owner, and where neither paragraph 1(a) nor 1(b) of this Article applies, it shall take reasonable steps to establish the identity of the beneficial owner. If the paying agent is unable to identify the beneficial owner, it shall treat the individual in question as the beneficial owner.
16. (1)) Each Party shall, within its territory, adopt and ensure the application of the procedures necessary to allow the paying agent to identify the beneficial owners and their residence for the purposes of this Agreement. Such procedures shall comply with the minimum standards established in paragraphs (2) and (3);
17. (2)) The paying agent shall establish the identity of the beneficial owner on the basis of minimum standards which vary according to when relations between the paying agent and the recipient of the interest are entered into, as follows:
18. (3)) The paying agent shall establish the residence of the beneficial owner on the basis of minimum standards which vary according to when relations between the paying agent and the recipient of the interest are entered into. Subject to the conditions set out below, residence shall be considered to be situated in the country where the beneficial owner has his permanent address:
19. (1)) For the purposes of this Agreement, "paying agent" means any economic operator who pays interest to or secures the payment of interest for the immediate benefit of the beneficial owner, whether the operator is the debtor of the debt claim which produces the interest or the operator charged by the debtor or the beneficial owner with paying interest or securing the payment of interest.
20. (2)) Any entity established in a contracting party to which interest is paid or for which interest is secured for the benefit of the beneficial owner shall also be considered a paying agent upon such payment or securing of such payment. This provision shall not apply if the economic operator has reason to believe, on the basis of official evidence produced by that entity, that:
21. (3)) The entity referred to in paragraph (2) of this Article shall, however, have the option of being treated for the purposes of this Agreement as an UCITS or equivalent undertaking as referred to in sub-paragraph (c) of paragraph (2). The exercise of this option shall require a certificate to be issued by the contracting party in which the entity is established and presented to the economic operator by that entity. A contracting party shall lay down the detailed rules for this option for entities established in their territory.
22. (4)) Where the economic operator and the entity referred to in paragraph (2) of this Article are established in the same contracting party, that contracting party shall take the necessary measures to ensure that the entity complies with the provisions of this Agreement when it acts as a paying agent.
23. (5)) The legal persons exempted from sub-paragraph (a) of paragraph (2) of this Article are,
24. (1)) For the purposes of this Agreement, "interest payment" means
25. (2)) As regards paragraph (1)(c) and (d) of this Article, when a paying agent has no information concerning the proportion of the income which derives from interest payments, the total amount of the income shall be considered an interest payment.
26. (3)) As regards paragraph (1)(d) of this Article, when a paying agent has no information concerning the percentage of the assets invested in debt claims or in shares or units as defined in that paragraph, that percentage shall be considered to be above 40%. Where he cannot determine the amount of income realised by the beneficial owner, the income shall be deemed to correspond to the proceeds of the sale, refund or redemption of the shares or units.
27. (4)) When interest, as defined in paragraph (1) of this Article, is paid to or credited to an account held by an entity referred to in Article 8(2) of this Agreement, such entity not having qualified for the option under Article 8(3) of this Agreement, such interest shall be considered an interest payment by such entity.
28. (5)) As regards paragraph (1)(b) and (d) of this Article, a contracting party shall have the option of requiring paying agents in its territory to annualise the interest over a period of time which may not exceed one year, and treating such annualised interest as an interest payment even if no sale, redemption or refund occurs during that period.
29. (6)) By way of derogation from paragraph (1)(c) and (d) of this Article, a contracting party shall have the option of excluding from the definition of interest payment any income referred to in those provisions from undertakings or entities established within its territory where the investment in debt claims referred to in paragraph 1(a) of this Article of such entities has not exceeded 15% of their assets. Likewise, by way of derogation from paragraph 4 of this Article, a contracting party shall have the option of excluding from the definition of interest payment in paragraph 1 of this Article interest paid or credited to an account of an entity referred to in Article 8(2) of this Agreement which has not qualified for the option under Article 8(3) of this Agreement and is established within its territory, where the investment of such an entity in debt claims referred to in paragraph 1(a) of this Article has not exceeded 15% of its assets.
30. (7)) The percentage referred to in paragraph 1(d) of this Article and paragraph 3 of this Article shall from 1st January, 2011 be 25%.
31. (8)) The percentages referred to in paragraph 1(d) of this Article and in paragraph 6 of this Article shall be determined by reference to the investment policy as laid down in the fund rules or instruments of incorporation of the undertakings or entities concerned or, failing which, by reference to the actual composition of the assets of the undertakings or entities concerned.
32. (1)) The BVI shall retain 25% of the withholding tax deducted under this Agreement and transfer the remaining 75% of the revenue to the Republic of Latvia.
33. (2)) The BVI levying withholding tax in accordance with Article 5(4) of this Agreement shall retain 25% of the revenue and transfer 75% to the Republic of Latvia proportionate to the transfers carried out pursuant to paragraph (1) of this Article.
34. (3)) Such transfers shall take place for each year in one instalment at the latest within a period of six months following the end of the tax year established by the laws of the BVI.
35. (4)) The BVI levying withholding tax shall take the necessary measures to ensure the proper functioning of the revenue sharing system.
36. (1)) A contracting party in which the beneficial owner is resident for tax purposes shall ensure the elimination of any double taxation which might result from the imposition by the BVI of the withholding tax to which this Agreement refers in accordance with the following provisions;
37. (2)) The contracting party which is the country of residence for tax purposes of the beneficial owner may replace the tax credit mechanism referred to in paragraph (1) of this Article by a refund of the withholding tax referred to in Article 5 of this Agreement.
38. (1)) During the transitional period referred to in Article 15 of this Agreement, but until 31st December, 2010 at the latest, domestic and international bonds and other negotiable debt securities which have been first issued before 1st 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 or by the responsible authorities in third countries shall not be considered as debt claims within the meaning of Article 9(1)(a) of this Agreement, provided that no further issues of such negotiable debt securities are made on or after 1st March, 2002. However, should the transitional period continue beyond 31st December, 2010, the provisions of this Article shall only continue to apply in respect of such negotiable debt securities:
39. (2)) Nothing in this Article shall prevent the contracting parties from taxing the income from the negotiable debt securities referred to in paragraph (1) in accordance with their national laws.
40. (1)) This Agreement shall remain in force until terminated by either contracting party.
41. (2)) Either contracting party may terminate this Agreement by giving notice of termination in writing to the other contracting party, such notice to specify the circumstances leading to the giving of such notice. In such a case, this Agreement shall cease to have effect 12 months after the serving of notice.
42. (1)) The application of this Agreement shall be conditional on the adoption and implementation by all the Member States of the European Union, by the United States of America, Switzerland, Andorra, Liechtenstein, Monaco and San Marino, and by all the relevant dependent and associated territories of the Member States of the European Community, respectively, of measures which conform with or are equivalent to those contained in the Directive or in this Agreement, and providing for the same dates of implementation.
43. (2)) Subject to the mutual agreement procedure provided for in Article 13 of this Agreement, the application of this Agreement or parts thereof may be suspended by either contracting party with immediate effect through notification to the other specifying the circumstances leading to such notification should the Directive cease to be applicable either temporarily or permanently in accordance with European Community law or in the event that a Member State should suspend the application of its implementing legislation. Application of the Agreement shall resume as soon as the circumstances leading to the suspension no longer apply.
44. (3)) Subject to the mutual agreement procedure provided for in Article 13 of this Agreement, either contracting party may suspend the application of this Agreement through notification to the other specifying the circumstances leading to such notification in the event that one of the third countries or territories referred to in paragraph (1) should subsequently cease to apply the measures referred to in that paragraph. Suspension of application shall take place no earlier than two months after notification. Application of the Agreement shall resume as soon as the measures are reinstated by the third country or territory in question.
45. 1)) The entity is clearly considered to be a public entity according to the national criteria.
46. 2)) Such public entity is a non‑market producer which administers and finances a group of activities, principally providing non‑market goods and services, intended for the benefit of the community and which are effectively controlled by general government.
47. 3)) Such public entity is a large and regular issuer of debt.
48. 4)) The State concerned is able to guarantee that such public entity will not exercise early redemption in the event of gross‑up clauses.
49. a)) ka Latvijas Republikas kompetentās iestādes automātiskā informācijas apmaiņa ar Britu Virdžīnu salu kompetento iestādi notiek tādā pašā veidā, kā ar dalībvalsts kompetento iestādi;
50. b)) ka Direktīvas 10.pantā noteiktajā pārejas perioda laikā Britu Virdžīnu salas ietur nodokli ar to pašu datumu un uz tādiem pašiem nosacījumiem, kā tas ir noteikts Direktīvas 11. un 12.pantā;
51. c)) ka automātiskā informācijas apmaiņa starp Britu Virdžīnu salu un Latvijas Republikas kompetentajām iestādēm notiek saskaņā ar Direktīvas 13.pantu;
52. d)) ka Britu Virdžīnu salu kompetentā iestāde nodod 75% ieņēmumu no ieturētā nodokļa Latvijas Republikas kompetentajai iestādei attiecībā uz izmaksātāja, kas nodibināts Britu Virdžīnu salās, veiktajiem uzkrājumu ienākuma maksājumiem fiziskai personai, kas ir Latvijas Republikas rezidents.