It is a pleasure to serve on this Committee with you as Chair, Dr Huq. The orders before us give effect to the suspension of the 2018 UK-Belarus and 1994 UK-Russia double taxation conventions in UK law. The orders revoke earlier legislation that previously gave effect to the treaties in UK law. The effect of the orders is that UK tax law will apply as if no treaty were in place with those countries from the new tax year, which begins on 1 April for corporation tax and on 6 April for income tax and capital gains tax, and for the equivalent taxes of Russia and Belarus.
The UK will tax UK-sourced income and gains without reference to the limits agreed in the treaty. Unilateral relief is available in UK domestic law to UK resident taxpayers, meaning that when a UK resident taxpayer has paid foreign tax, credit is available for the foreign tax already paid. That provides protection to UK resident taxpayers against the harmful effects of double taxation, and the rules apply wherever income or gains are not covered by a double taxation convention. However, benefits will no longer be available to residents of Russia or Belarus. The UK has decided to suspend the treaties in response to the actions of those countries, which have not been honouring their obligations under these conventions for some time.
In August 2023, Russia partially suspended its tax treaties with 38 countries, including the UK and other G7 countries that it termed “unfriendly.” Russia left in place only definitional and some administrative provisions, suspending all the articles concerning taxation of income, including those that contain limits on what can be taxed at source.
In March 2024, Belarus took action similar to Russia’s in relation to 27 countries, including the UK. It partially suspended the treaties, including the UK-Belarus treaty. Belarus suspended articles dealing with dividends, interest and capital gains, and then introduced higher rates of tax targeting foreigners in its domestic law.
Both Russia and Belarus have claimed that their action is in response to sanctions. Sanctions imposed on Russia and Belarus are a legitimate response to the illegal invasion of the sovereign nation of Ukraine. The sanctions are a reasonable and lawful response to Russian aggression, and to Belarus’s support and enabling of Russia’s actions. Their action to suspend material provisions of our tax agreement is therefore totally unjustified in international law.
The actions of Belarus and Russia are a material breach of the tax treaties and justify reciprocal action from the UK. In line with international law, the UK wrote to Russia and Belarus in December notifying them of our intention to suspend the treaties unless they remedied their material breach of the tax treaties within three months. Neither Russia nor Belarus has remedied their breach or returned to compliance. As a consequence, and in common with partner countries, the UK intends to suspend the tax treaties with Russia and Belarus unless they remedy their breach before the three-month deadline expires: on 24 March for Russia and 23 March for Belarus. They have been given ample time and opportunity to rectify their breach.
International law permits the UK to suspend the treaties in full. The UK has chosen this action as a proportionate response to the violation by Russia and Belarus of their obligations under the terms of their treaties with the UK. If either country comes back into compliance with its treaty obligations and remedies the material breaches, the UK can take steps internationally and domestically to give effect to a treaty again. But until such a time, the UK will apply domestic tax law without granting any of the limits agreed in the tax treaties in relation to payments of dividends, interest and royalties, and other types of income or capital gains arising in the UK.
The UK has been acting in lockstep with partners, including other G7 countries, ever since Russia and then Belarus unlawfully suspended provisions of the tax treaties. Countries including the United States, Canada, France and Germany have also suspended their tax treaties with Russia. Other partner countries have suspended their tax treaties with Belarus.
In summary, the orders give effect to the Government’s decision to suspend the UK’s double taxation conventions with Russia and Belarus in response to their material breach of treaty obligations. That means that Russian and Belarusian taxpayers will no longer be entitled to receive treaty benefits in UK law in circumstances where those countries have withdrawn benefits from UK resident taxpayers. UK tax law will apply from April, as though no tax treaty were in place with either Russia or Belarus.
I commend these orders to the Committee.