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Ghana-Netherlands

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Protocol to Tax Treaty between Ghana and the Netherlands has Entered into Force

The amending protocol to the 2008 income and capital tax treaty between Ghana and the Netherlands entered enter into force on 31 December 2017. The protocol, signed 10 March 2017, is the first to amend the treaty and makes the following changes:

  • Replaces the title and preamble to introduce language developed under BEPS Action 6 that the Contracting States intend to eliminate double taxation without creating opportunities for non-taxation or reduced taxation through evasion or avoidance;
  • Amends Article 3 (General Definitions) with respect to competent authority for Ghana;
  • Inserts Article 24A (Entitlement to Benefits), which provides that a benefit of the treaty will not be granted in respect of income or capital gains if it is reasonable to conclude that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit;
  • Amends Article 27 (Exchange of Information) with regard to the use of exchanged information for other purposes and requests for information held by banks and other financial institutions;
  • Replaces Article 28 (Assistance in the Collection of Taxes);
  • Amends Article 30 (Territorial Extension) with respect to the extension of the treaty to any part of the Kingdom of the Netherlands that is not situated in Europe; and
  • Amends the final protocol to the treaty in relation to certain changes above.

The protocol applies from 1 January 2018.

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