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Written Question
Taxation: Malawi
Thursday 27th October 2016

Asked by: Oliver Colvile (Conservative - Plymouth, Sutton and Devonport)

Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, what his Department's policy is on the inclusion of a broad definition of permanent establishment in the UK-Malawi tax treaty.

Answered by Jane Ellison

As is usual in any negotiation, the text of a tax treaty remains confidential between the two governments during the negotiations. It is not therefore possible to comment on the contents of a treaty before it is signed.

The majority of the UK’s double taxation treaties are based on the OECD Model Double Taxation Convention. However, some developing countries prefer to follow the United Nations Model, whose provisions differ in some respects from the OECD Model, including in the “permanent establishment” article. Many of the UK’s treaties with developing countries contain at least some of these provisions. A treaty will be signed only when both governments are satisfied with its contents.

It has long been the UK’s policy to include robust anti-abuse provisions in its tax treaties to ensure that they operate as intended and in particular that residents of third countries cannot indirectly benefit from their provisions.

The text of the new treaty with Malawi was substantively agreed some time ago. However, in August 2016 Malawi raised some further points for consideration, which we will work together on. When that process is complete, and both countries are satisfied with contents of the new treaty, it will be signed and published. Parliament will scrutinise the revised agreement, as part of the affirmative Statutory Instruments procedures, before the treaty can enter into force.


Written Question
Taxation: Malawi
Thursday 27th October 2016

Asked by: Oliver Colvile (Conservative - Plymouth, Sutton and Devonport)

Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, what his Department's policy is on the inclusion of anti-abuse clauses in the UK-Malawi tax treaty to prevent tax avoidance through treaty shopping.

Answered by Jane Ellison

As is usual in any negotiation, the text of a tax treaty remains confidential between the two governments during the negotiations. It is not therefore possible to comment on the contents of a treaty before it is signed.

The majority of the UK’s double taxation treaties are based on the OECD Model Double Taxation Convention. However, some developing countries prefer to follow the United Nations Model, whose provisions differ in some respects from the OECD Model, including in the “permanent establishment” article. Many of the UK’s treaties with developing countries contain at least some of these provisions. A treaty will be signed only when both governments are satisfied with its contents.

It has long been the UK’s policy to include robust anti-abuse provisions in its tax treaties to ensure that they operate as intended and in particular that residents of third countries cannot indirectly benefit from their provisions.

The text of the new treaty with Malawi was substantively agreed some time ago. However, in August 2016 Malawi raised some further points for consideration, which we will work together on. When that process is complete, and both countries are satisfied with contents of the new treaty, it will be signed and published. Parliament will scrutinise the revised agreement, as part of the affirmative Statutory Instruments procedures, before the treaty can enter into force.


Written Question
Taxation: Malawi
Thursday 27th October 2016

Asked by: Oliver Colvile (Conservative - Plymouth, Sutton and Devonport)

Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, what progress has been made in renegotiating the UK-Malawi tax treaty since January 2016.

Answered by Jane Ellison

As is usual in any negotiation, the text of a tax treaty remains confidential between the two governments during the negotiations. It is not therefore possible to comment on the contents of a treaty before it is signed.

The majority of the UK’s double taxation treaties are based on the OECD Model Double Taxation Convention. However, some developing countries prefer to follow the United Nations Model, whose provisions differ in some respects from the OECD Model, including in the “permanent establishment” article. Many of the UK’s treaties with developing countries contain at least some of these provisions. A treaty will be signed only when both governments are satisfied with its contents.

It has long been the UK’s policy to include robust anti-abuse provisions in its tax treaties to ensure that they operate as intended and in particular that residents of third countries cannot indirectly benefit from their provisions.

The text of the new treaty with Malawi was substantively agreed some time ago. However, in August 2016 Malawi raised some further points for consideration, which we will work together on. When that process is complete, and both countries are satisfied with contents of the new treaty, it will be signed and published. Parliament will scrutinise the revised agreement, as part of the affirmative Statutory Instruments procedures, before the treaty can enter into force.


Written Question
Taxation: Malawi
Thursday 27th October 2016

Asked by: Oliver Colvile (Conservative - Plymouth, Sutton and Devonport)

Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, what plans his Department has for the revised UK-Malawi tax treaty to be signed.

Answered by Jane Ellison

As is usual in any negotiation, the text of a tax treaty remains confidential between the two governments during the negotiations. It is not therefore possible to comment on the contents of a treaty before it is signed.

The majority of the UK’s double taxation treaties are based on the OECD Model Double Taxation Convention. However, some developing countries prefer to follow the United Nations Model, whose provisions differ in some respects from the OECD Model, including in the “permanent establishment” article. Many of the UK’s treaties with developing countries contain at least some of these provisions. A treaty will be signed only when both governments are satisfied with its contents.

It has long been the UK’s policy to include robust anti-abuse provisions in its tax treaties to ensure that they operate as intended and in particular that residents of third countries cannot indirectly benefit from their provisions.

The text of the new treaty with Malawi was substantively agreed some time ago. However, in August 2016 Malawi raised some further points for consideration, which we will work together on. When that process is complete, and both countries are satisfied with contents of the new treaty, it will be signed and published. Parliament will scrutinise the revised agreement, as part of the affirmative Statutory Instruments procedures, before the treaty can enter into force.


Written Question
Taxation: Malawi
Thursday 27th October 2016

Asked by: Oliver Colvile (Conservative - Plymouth, Sutton and Devonport)

Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, what the Government's priorities are for the renegotiation of the UK-Malawi tax treaty.

Answered by Jane Ellison

As is usual in any negotiation, the text of a tax treaty remains confidential between the two governments during the negotiations. It is not therefore possible to comment on the contents of a treaty before it is signed.

The majority of the UK’s double taxation treaties are based on the OECD Model Double Taxation Convention. However, some developing countries prefer to follow the United Nations Model, whose provisions differ in some respects from the OECD Model, including in the “permanent establishment” article. Many of the UK’s treaties with developing countries contain at least some of these provisions. A treaty will be signed only when both governments are satisfied with its contents.

It has long been the UK’s policy to include robust anti-abuse provisions in its tax treaties to ensure that they operate as intended and in particular that residents of third countries cannot indirectly benefit from their provisions.

The text of the new treaty with Malawi was substantively agreed some time ago. However, in August 2016 Malawi raised some further points for consideration, which we will work together on. When that process is complete, and both countries are satisfied with contents of the new treaty, it will be signed and published. Parliament will scrutinise the revised agreement, as part of the affirmative Statutory Instruments procedures, before the treaty can enter into force.


Written Question
Solar Power: North Africa
Friday 9th January 2015

Asked by: Oliver Colvile (Conservative - Plymouth, Sutton and Devonport)

Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, if he will provide funding for the import of concentrated solar power from North Africa.

Answered by Danny Alexander

Under Electricity Market Reform, the Government’s Contract for Difference (CfD) scheme is the primary mechanism to support large scale electricity generation in the UK. Concentrated Solar Power is not currently an eligible technology for support from UK CfDs.

Under this scheme projects outside the UK are not currently eligible. The Government has been considering the benefits of supporting projects outside of the UK and published a paper in August 2014 setting out indicative areas of work that would need to be addressed to open the UK CfD scheme to eligible non-UK projects. This paper can be found here:

https://www.gov.uk/government/publications/cfds-for-non-uk-renewable-electricity-projects