- 1
- This Convention shall enter into force on the last day of the month following the month in which the later of the notifications in which the respective Governments have notified each other in writing that the formalities constitutionally required in their respective States have been complied with, has been received. Its provisions shall have effect:
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- a)in the Netherlands:for taxable years and periods beginning, and taxable events occurring, on or after the first day of January in the calendar year following that in which the Convention enters into force;
- b)in Ireland:
- (i)as respects income tax, the universal social charge and capital gains tax, for any year of assessment beginning on or after the first day of January in the calendar year following that in which the Convention enters into force;
- (ii)as respects corporation tax, for any financial year beginning on or after the first day of January in the calendar year following that in which the Convention enters into force.
- 2
- The Convention between the Government of Ireland and the Government of the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital signed at The Hague on 11 February, 1969 (hereinafter referred to as “the 1969 Convention“), shall cease to have effect from the dates on which this Convention becomes effective in accordance with paragraph 1 of this Article.
- 3
- Notwithstanding the provisions of paragraph 2, where any person entitled to benefits under the 1969 Convention would have been entitled to greater benefits than under this Convention, the 1969 Convention shall, at the election of such person, continue to have effect in its entirety with respect to such person for a period of 12 months from the date on which the provisions of this Convention would otherwise have effect in accordance with the provisions of paragraph 1 of this Article.
- 4
- Notwithstanding the provisions of paragraphs 2 and 3, where prior to the date on which this Convention comes into effect, a resident of one of the Contracting States derives pensions or other similar remuneration, including pensions and similar remuneration referred to in paragraph 1 of Article 18 of the 1969 Convention, or annuities arising in the other State, or pensions or other payments under the social security legislation of the other State, and who continues after that date to derive such pensions, remuneration, annuities or social security payments, the provisions of Articles 17, 18, 19 and 20 of the 1969 Convention shall remain applicable after the date of the entry into force of this Convention, unless the person receiving the pension, remuneration, annuity or social security payment elects for application of the provisions of this Convention. Such election has to be made to the tax authorities of both States within two years from the date this Convention comes into effect and is irrevocable.
