DOUBLE TAXATION RELIEF (BETWEEN THE FEDERAL REPUBLIC OF NIGERIA AND THE GOVERNMENT OF THE KINGDOM OF BELGIUM ORDER S.I. 15 1997
Commencement: 1st January, 1990.
WHEREAS it is provided by section 45(l) of the Companies Income Tax Act, section 38(1) of the Personal Income Tax Act and section 61(l) of the Petroleum Profits Tax Act that if the Minister of Finance by Order declares that arrangements specified in the Order have been made with the Government of any country outside Nigeria with a view to affording relief from double taxation in relation to taxes imposed under the provisions of the Companies Income Tax Act, the Personal Income Tax Act and the Petroleum Profits Tax Act, and any tax of a similar character imposed by the laws of that country and that it is expedient that those arrangements shall have effect notwithstanding anything in those enactments: AND WHEREAS by an agreement dated 20th November, 1989 between the Government of the' Federal Republic of Nigeria and the Government of the Kingdom of Belgium arrangements were made among other things for the avoidance of double taxation: NOW, THEREFORE, the following Order is hereby made -
1. It is hereby declared -
(a) that the arrangements specified in the agreement set out in the Schedule to this Order shall apply between the Government of the Federal Republic of Nigeria and the Government of the Kingdom of Belgium and those arrangements have been made with a view to affording relief from double taxation in relation to Income Tax, Corporation Tax, Petroleum Revenue Tax or Capital Gains Tax and taxes of a similar character imposed by the laws of kingdom of Belgium and the Federal Republic of Nigeria; (b) that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of Nigeria and the laws of the kingdom of Belgium concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and (c) that it is expedient that those arrangements should have effect. 2. This Order may be cited as the Double Taxation Relief (Between The Federal Republic Of Nigeria And The Government Of kingdom of Belgium Order 1997 and shall be deemed to have come into force on lst January 1990.
SCHEDULE Section 1
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM THE GOVERNMENT OF THE Federal Republic Of Nigeria FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND CAPITAL GAINS The Government of the Federal Republic of Nigeria
the Government of the Kingdom of Belgium .
Desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains. Have agreed as follows:
This Agreement shall apply to persons who are residents of one or both of the Contracting States. Article 2
1. The taxes, to which this Agreement shall apply are -
(a) In Nigeria -
(i) the personal income tax,
(ii) the companies income tax,
(iii) the petroleum profits tax, and
(iv) the capital gains tax,
(hereinafter referred to as 'Nigerian tax').
(b) In Belgium -
(i) the individual income tax, (import des personnes phusiques Personen belasting); (ii) the corporate income tax (impot-des societes Vennootschapsbelasting'); and (iii) the income tax on legal entities (impot des personnes "morales' rechts) personenbelasting; (iv) the income tax on non-residents (impot des non-"residents" belasting der niet-verblijfhouders); (v) the special levy assimilated to the individual income tax (cotisation special assimillee, a I 'impot des personnes physiques' met de personenbelasting gelijkgestelde bijzondere heffing), (hereinafter referred to as 'Belgian tax').
including the prepayments, the surcharges on these taxes and prepayments, and the supplements to the...