OECD Model Double Tax Treaty with UK and Spanish Tax Treaty

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 Wednesday, October 23, 2019 - 09:49

The GSD says it welcomes the Government’s announcement that a double tax treaty had been concluded with the United Kingdom. This will put UK/Gibraltar business on a sounder tax footing and will of course assist the jurisdiction in a post-Brexit environment. 

A cursory reading of the UK Tax treaty especially in respect of the tests for tax residence will show clearly how unfairly the Spanish Tax Treaty has been worded in favour of Spain. The UK Treaty is based on the OECD model and is the one the GSD would prefer to have seen concluded rather than the one-sided treaty with Spain which does nothing to maintain the “status quo” as suggested by Together Gibraltar who are entirely misguided in their interpretation of the Treaty, they say.

The GSD goes on to say it would welcome the publication in full of all legal opinions obtained by the Government in respect of the Spanish Tax treaty especially those that claim that there has not been any dilution to Spain of Gibraltar’s tax sovereignty, which is what Mr Picardo’s GSLP-Liberal Government has conceded.

23-10-2019 PANORAMAdailyGIBRALTAR