On Ratification of the Protocol between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on Avoidance of Double Taxation and Prevention of Tax Evasion in Respect of Taxes on Income

Home / RLA / On Ratification of the Protocol between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on Avoidance of Double Taxation and Prevention of Tax Evasion in Respect of Taxes on Income

On Ratification of the Protocol between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on Avoidance of Double Taxation and Prevention of Tax Evasion in Respect of Taxes on Income

The Law of the Republic of Kazakhstan dated June 30, 2014 No. 216-V SAM

To ratify Protocol between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on Avoidance of Double Taxation and Prevention of Tax Evasion in respect of Taxes on Income, concluded in Singapore on April 9, 2013.

President of the Republic of Kazakhstan N. NAZARBAYEV

Protocol between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and Agreement between the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income

(Entered into force on September 12, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 5, Article 52)

The Government of the Republic of Kazakhstan and the Government of the Republic of Singapore, wishing to conclude a Protocol on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, concluded in Singapore on September 19, 2006 (hereinafter referred to as the Agreement), have agreed as follows:

Article 1

The words "local authorities" used in paragraph 1 of article 2 of the Agreement should be replaced by the words "central or local authorities" throughout the text of the Agreement.

Article 2

Article 25 of the Agreement should be worded as follows: "Article 25 Exchange of information 1. The competent authorities of the Contracting States shall exchange information that is necessary for the implementation of the provisions of this Agreement or the administration or application of domestic legislation relating to taxes of any kind and description levied on behalf of the Contracting States or their administrative divisions, central or local authorities, to the extent that taxation does not contradict this Agreement. The exchange of information is not limited to articles 1 and 2 of this Agreement. 2. Any information received by a Contracting State in accordance with paragraph 1 of this Article shall be considered confidential, as well as information received in accordance with the domestic law of that Contracting State, and will be disclosed only to persons or authorities (including courts and administrative authorities) engaged in both assessment or collection, enforcement, or prosecution, or consideration of appeals in respect of taxes referred to in paragraph 1 of this article, as well as supervision of all of the above. Such persons or authorities may use the information only for such purposes. They may disclose information during an open court hearing or when making court decisions. 3. The provisions of paragraphs 1 and 2 of this Article may not be interpreted as imposing on a Contracting State an obligation to: (a) Take administrative measures contrary to the legislation and administrative practice of that or another Contracting State.; (b) To provide information that cannot be obtained under the laws or in the ordinary course of the administration of that or another Contracting State; (c) To provide information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy (ordre public). 4. If information is requested by one Contracting State in accordance with this Article, the other Contracting State shall take measures to collect the requested information, even if such information is not required by that other Contracting State for its own tax purposes. The obligation contained in the previous sentence is subject to the limitations of paragraph 3 of this article, but such limitations cannot be interpreted as allowing a Contracting State to refuse to provide information solely because of a lack of domestic interest in such information. 5. The provisions of paragraph 3 of this article may not be interpreted as authorizing a Contracting State to refuse to provide information solely because the holder of the information is a bank, another financial institution, a nominee holder or a person acting as an agent or attorney, or because the information concerns a person with ownership rights.

Article 3

The Contracting States shall notify each other in writing through diplomatic channels of the completion of the internal procedures necessary for the entry into force of this Protocol. This Protocol is an integral part of the Agreement, shall enter into force on the date of receipt of the last of these notifications and shall apply in both Contracting States for taxable periods beginning on or after the first of January of the calendar year following the year of entry into force of this Protocol.

In witness whereof, the undersigned representatives, duly authorized by their Governments, have signed this Protocol.

Done in Singapore on April 9, 2013, in two copies, each in Kazakh, English and Russian languages, all texts are equally authentic. In the event of a discrepancy in the interpretation of this Protocol, the Contracting States shall refer to the English text.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Singapore

President

Republic of Kazakhstan

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