The OECD`s Multilateral Convention on the Implementation of Measures to Prevent Erosion and Profit Transfer (“Multilateral Instrument” or “MLI”) of the OECD came into force in the United Kingdom on 1 October 2018 and will have a fundamental influence on how taxpayers have access to the double taxation (DT) conventions to which they apply. It began from 1 January 2019 (z.B with regard to WHT) for the UK DT, with the territories also ratified before 1 October 2018, in which these are tax treaties. The specific dates on which the MLI takes effect for other purposes or for other TDAs depend on when other contracting parties submit their ratification instruments to the OECD and the options and reservations they have submitted. Double taxation refers to the fact that two countries tax taxes on the same item. This can happen when companies or individuals reside in different countries or when they receive income from another country. The agreements reduce double taxation and thus help to overcome obstacles to cross-border economic transactions. In addition, they govern mutual tax assistance. The Federal Council`s decision is implemented within the framework of bilateral double taxation agreements. Greater information exchange will only have a practical effect if the renegotiated agreements come into force. In addition, adjustments must be made to the agreement with the EU on the taxation of savings.

S.I. 1978/1408; the provisions of this decision were amended by the agreements in flight plans S.I. 1982/714, 1994/3215, 2007/3465 and 2010/2689 and were supplemented by the agreement on the S.I. 2012/3079 list. Article 2 defines the effect and content of the provisions of the amendment protocol (“agreements”). The preamble to the agreement and the articles of the convention concern general definitions, related companies, dividends, interest, royalties, other income, the abolition of double taxation and the procedure of mutual agreement are amended. An article on entitlement to benefits is added to the agreement. Statistics from January to July 2010 show that imports from Switzerland amounted to 72 million euros (mainly pharmaceuticals, 91.2 million euros in the same period in 2009, while Malta`s exports increased to 9.3 million euros (mainly machinery and pharmaceuticals) compared to 5.7 million euros in the first half of 2009.

The agreement will enter into force after ratification by both countries. The convention was provided for in the order of double taxation (Switzerland) of 1978 (S.I. 1978/1408) and had previously been adopted by the 1982 decrees in the schedules to the Double Relief Taxation (Switzerland) (S.I. 1982/714), 1994 (S.I. 1994/3215) and 2007 (S.I. 2007/3465), as well as the international enforcement decision on double taxation and tax enforcement (Switzerland) 2010 (S.I. 2010/2689). The agreement was also supplemented by the agreement attached to the 2012 Regulation (S.I. 2012/3079) on double taxation relief and the enforcement of international tax (Switzerland). The change protocol will come into effect through the decision. HMRC has reached an agreement with the Swiss tax authorities. The agreement allows for close cooperation between the UK and Switzerland, and there is an important exchange of information between the two countries.

The agreement provides for a historic tax on Swiss funds held by residents in the UK, up to 34% of the balance in an account as of 31 December 2010 or 31 December 2012. UK residents with Swiss accounts may also be subject to a WHT of up to 48% on their accounts. With regard to inheritance tax, Swiss payers are required to withhold 40% tax or to file a declaration if a person dies, as well as other measures.