{
  "url": "https://openlegislation.uk/eu-directive-2014-48/annex",
  "json_url": "https://openlegislation.uk/eu-directive-2014-48/annex.json",
  "legislation": "eudr/2014/48",
  "legislation_title": "Council Directive 2014/48/EU of 24 March 2014 amending Directive 2003/48/EC on taxation of savings income in the form of interest payments",
  "legislation_url": "https://openlegislation.uk/eu-directive-2014-48",
  "path": "annex",
  "kind": "annex",
  "number": null,
  "heading": null,
  "text": "The Annex to Directive 2003/48/EC is amended as follows:\n(1) The Annex becomes ‘Annex III’.\n(2) The following Annex is inserted as ‘Annex I’:\n‘ANNEX I\nIndicative list of categories of entities and legal arrangements which are considered to be not subject to effective taxation, for the purposes of Article 2(3)\n1.\nEntities and legal arrangements whose place of establishment or place of effective management is in a country or jurisdiction outside the territorial scope of this Directive as defined in Article 7 and which is different from those listed in Article 17(2):\nCountries and jurisdictions\nCategories of entities and legal arrangements\nAntigua and Barbuda\nInternational business company\nAnjouan (Comores)\nTrust, governed by local or foreign law\nInternational business company\nThe Bahamas\nTrust, governed by local or foreign law\nFoundation\nInternational business company\nBahrain\nFinancial trust, governed by local or foreign law\nBarbados\nTrust, governed by local or foreign law\nInternational business company\nInternational Society with Restricted Liability\nBelize\nTrust, governed by local or foreign law\nInternational business company\nBermuda\nTrust, governed by local or foreign law\nExempt company\nBrunei\nTrust, governed by local or foreign law\nInternational business company\nInternational trust\nInternational Limited Partnership\nCook Islands\nTrust, governed by local or foreign law\nInternational trust\nInternational company\nInternational partnership\nCosta Rica\nTrust, governed by local or foreign law\nCompany\nDjibouti\nExempt company\nTrust, governed by foreign law\nDominica\nTrust, governed by local or foreign law\nInternational business company\nFiji\nTrust, governed by local or foreign law\nFrench Polynesia\nSociété (Company)\nSociété de personnes (Partnership)\nSociété en participation (Joint venture)\nTrust, governed by foreign law\nGrenada\nInternational business company\nTrust, governed by local or foreign law\nGuam\nCompany\nSole proprietorship\nPartnership\nTrust, governed by foreign law\nGuatemala\nTrust, governed by local or foreign law\nFundación (Foundation)\nHong Kong\nTrust, governed by local or foreign law\nPrivate Limited Company\nKiribati\nTrust, governed by local or foreign law\nLabuan (Malaysia)\nOffshore company\nMalaysian offshore bank,\nOffshore limited partnership\nOffshore trust\nLebanon\nCompanies benefiting from the Offshore company regime\nTrust, governed by foreign law\nLiberia\nNon-resident company\nTrust, governed by local or foreign law\nMacao\nTrust, governed by local or foreign law\nFundação (Foundation)\nMaldives\nCompany\nPartnership\nTrust, governed by foreign law\nNorthern Marianas Islands\nForeign sales corporation\nOffshore banking corporation\nTrust, governed by foreign law\nMarshall Islands\nTrust, governed by local or foreign law\nInternational business company\nMauritius\nTrust, governed by local or foreign law\nGlobal business company categories 1 and 2\nMicronesia\nCompany\nPartnership\nTrust, governed by foreign law\nNauru\nTrust/nominee company\nCompany\nPartnership\nSole proprietorship\nForeign will\nForeign estate\nOther form of business negotiated with the Government\nNew Caledonia\nSociété (Company)\nSociété civile (Civil company)\nSociété de personnes (Partnership)\nJoint venture\nEstate of deceased person\nTrust, governed by foreign law\nNew Zealand\nTrust, governed by foreign law\nNiue\nTrust, governed by local or foreign law\nInternational business company\nPanama\nFideicomiso (Trust, governed by local law) and trust governed by foreign law\nFundación de interés privado (Foundation)\nInternational business company\nPalau\nCompany\nPartnership\nSole proprietorship\nRepresentative office\nCredit union (financial cooperative)\nCooperative\nTrust, governed by foreign law\nPhilippines\nTrust, governed by local or foreign law\nPuerto Rico\nEstate\nTrust, governed by local or foreign law\nInternational banking entity\nSaint Kitts and Nevis\nTrust, governed by local or foreign law\nFoundation\nExempt company\nExempt Limited Partnership\nSaint Lucia\nTrust, governed by local or foreign law\nInternational business company\nSaint Vincent and the Grenadine\nTrust, governed by local or foreign law\nInternational business company\nSao Tomé e Principe\nInternational business company\nTrust, governed by foreign law\nSamoa\nTrust, governed by local or foreign law\nInternational trust\nInternational company\nOffshore bank\nOffshore insurance company\nInternational partnership\nLimited partnership\nSeychelles\nTrust, governed by local or foreign law\nInternational business company\nSingapore\nTrust, governed by local or foreign law\nSolomon Islands\nCompany\nPartnership\nTrust, governed by local or foreign law\nSouth Africa\nTrust, governed by local or foreign law\nTonga\nTrust, governed by local or foreign law\nTuvalu\nTrust, governed by local or foreign law\nProvident fund\nUnited Arab Emirates\nTrust, governed by local or foreign law\nOffshore company\nState of Delaware (USA)\nLimited Liability Company\nState of Wyoming (USA)\nLimited Liability Company\nUS Virgin Islands\nTrust, governed by local or foreign law\nExempt company\nUruguay\nTrust, governed by local or foreign law\nSociedad Anónima Financiera de Inversión\nVanuatu\nTrust, governed by local or foreign law\nExempt company\nInternational company\n2.\nEntities and legal arrangements whose place of establishment or place of effective management is in a country or jurisdiction listed in Article 17(2), to which Article 2(3) applies pending the adoption by the country or jurisdiction concerned of provisions equivalent to those of Article 4(2):\nCountries and jurisdictions\nCategories of entities and legal arrangements\nAndorra\nTrust, governed by foreign law\nAnguilla\nTrust, governed by local or foreign law\nInternational business company\nAruba\nTrust, governed by local or foreign law\nStichting Particulier Fonds\nBritish Virgin Islands\nTrust, governed by local or foreign law\nCompany\nCayman Islands\nTrust, governed by local or foreign law\nExempt company\nGuernsey\nTrust, governed by local or foreign law\nCompany\nFoundation\nIsle of Man\nTrust, governed by local or foreign law\nCompany\nJersey\nTrust, governed by local or foreign law\nCompany\nFoundation\nLiechtenstein\nAnstalt (Trust, governed by local law) and trust governed by foreign law\nStiftung (Foundation)\nMonaco\nTrust, governed by foreign law\nFondation (Foundation)\nMontserrat\nTrust, governed by local or foreign law\nInternational business company\nNetherlands Antilles\nTrust, governed by local or foreign law\nStichting Particulier Fonds\nSan Marino\nTrust, governed by local or foreign law\nFondazione (Foundation)\nSwitzerland\nTrust, governed by foreign law\nFoundation\nTurks and Caicos\nExempted company\nLimited partnership\nTrust, governed by local or foreign law’.\n(3) The following Annex is inserted as ‘Annex II’:\n‘ANNEX II\nIndicative list of categories of entities and legal arrangements which are considered to be not subject to effective taxation, for the purposes of Article 4(2)\nThe United Kingdom is the Member State responsible for the external relations of Gibraltar, under the terms of Article 355(3) of the Treaty on the Functioning of the European Union.’.\nCountries\nCategories of entities and legal arrangements\nComments\nAll EU Member States\nEuropean Economic Interest Grouping (EEIG)\nBelgium\nSociété de droit commun/maatschap (Civil law or commercial company without any legal status)\nSociété momentanée/tijdelijke handelsvennootschap (Company without any legal status whose purpose is to deal with one or several specific commercial operations)\nSociété interne/stille handelsvennootschap (Company without any legal status through which one or more persons have an interest in operations that one or more other persons manage on their behalf)\nIncluded only if the upstream economic operator making the interest payment to it, or securing the payment for it, has not established the identity and residence of all its beneficial owners, otherwise it falls within point (d) of Article 4(2).\nThese “companies” (the name of which is given in French and Dutch) do not have legal status, and from the point of view of taxation, a look-through approach is applicable.\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nBulgaria\nДружество със специална инвестиционна цел (Special-purpose investment company)\nИнвестиционно дружество (Investment company, not covered by Article 6)\nEntity exempt from corporate income tax\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nUnless the trustee can prove that the trust is actually subject to Bulgarian income taxation\nCzech Republic\nVeřejná obchodní společnost (veř. obch. spol. or v.o.s.) (Partnership)\nSdružení (Association)\nKomanditní společnost\n“Trust” or other similar legal arrangement, governed by foreign law\nDenmark\nInteressentskab (General partnership)\nKommanditselskab (Limited partnership)\nKommanditaktieselskab/Partnerselskab\nPartrederi\n“Trust” or other similar legal arrangement, governed by foreign law\nGermany\nGesellschaft bürgerlichen Rechts (Civil law company)\nKommanditgesellschaft — KG, offene Handelsgesellschaft — OHG (Commercial partnership)\n“Trust” or other similar legal arrangement, governed by foreign law\nEstonia\nSeltsing (Partnership)\n“Trust” or other similar legal arrangement, governed by foreign law\nIreland\n—\nPartnership and investment club\nIrish resident trustee is generally taxable on income arising to the trust. However, where the beneficiary or trustee is a non-Irish resident, only Irish source income arising in such cases is taxable.\nGreece\nΟμόρρυθμος εταιρεία (OE) (General partnership)\nΕτερόρρυθμος εταιρεία (EE) (Limited partnership)\nPartnerships are subject to corporate income tax. However, up to 50 % of the profits of partnerships is taxed in the hands of the individual partners at their personal tax rate.\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nSpain\nEntities subject to the system for taxing attribution of profits:\nSociedad civil con o sin personalidad jurídica (Civil law partnership with or without legal personality),\nHerencias yacentes (Estate of a deceased person),\nComunidad de bienes (Joint ownership).\nOther entities without legal personality that constitute a separate economic unit or a separate group of assets (Article 35(4) of the Ley General Tributaria).\n“Trust” or other similar legal arrangement, governed by foreign law\nFrance\nSociété en participation (Joint venture company)\nSociété ou association de fait (De facto company)\nIndivision (Joint ownership)\nFiducie\n“Trust” or other similar legal arrangement, governed by foreign law\nItaly\n—\nAll Civil law partnerships and assimilated entities\nThe category of Civil law partnerships includes: “società in accomandita semplice”, “società semplici”, associazioni (associations) among artists or professional persons for the practice of their art or profession, without legal personality “società in nome collettivo”, “società di fatto” (irregular or “de facto” partnerships) and “società di armamento”\n—\nCompanies with a limited number of shareholders opting for fiscal transparency\nThe “tax transparency” regime may be adopted by limited liability companies or cooperative societies whose members are individuals (Article 116 of TUIR).\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nUnless the trustee can provide documentation proving that the trust is fiscally resident and subject to effective corporate taxation in Italy.\nCyprus\nΣυνεταιρισμός (Partnership)\nΣύνδεσμος or σωματείο (Association)\n—\nΣυνεργατικές (Cooperative)\nOnly transactions with members.\n—\n“Trust” or other similar legal arrangement, governed by local or foreign law\nTrusts created under Cypriot jurisdiction are considered transparent entities under national law.\nLatvia\nPilnsabiedrība (General partnership)\nKomandītsabiedrība (Limited partnership)\nBiedrība un nodibinājums (Association and foundation)\nLauksaimniecības kooperatīvs (Agriculture cooperative)\n“Trust” or other similar legal arrangement, governed by foreign law\nLithuania\n—\n“Trust”or other similar legal arrangement, governed by foreign law\nLuxembourg\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nHungary\n—\n“Trust”or other similar legal arrangement, governed by foreign law\nHungary recognises trusts as “entities” under national rules\nMalta\nSoċjetà In Akkomandita (Partnership “en commandite”), the capital of which is not divided into shares\nArrangement in participation (Association “en participation”)\nSoċjetà Kooperattiva (Cooperative society)\nPartnerships “en commandite” the capital of which is divided into shares are subject to general CIT.\nThe Netherlands\nVennootschap onder firma (General partnership)\nCommanditaire vennootschap (Closed limited partnership)\nGeneral partnerships, closed partnerships and EEIGs are transparent for tax purposes.\nVereniging (Association)\nStichting (Foundation)\nVerenigingen (Associations) and stichtingen (foundations) are tax exempt unless they carry on a trade or business.\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nAustria\nOffene Gesellschaft (OG) (general partnership)\nOffene Handelsgesellschaft (OHG) (commercial partnership)\nKommanditgesellschaft (KG) (limited partnership)\nGesellschaft nach bürgerlichem Recht (civil law partnership)\n“Trust” or other similar legal arrangement, governed by foreign law\nPoland\nSpólka jawna (Sp. j.) (General partnership)\nSpólka komandytowa (Sp. k.) (Limited partnership)\nSpólka komandytowo-akcyjna (S.K.A.) (Limited joint-stock partnership)\nSpólka partnerska (Sp. p.) (Professional partnership)\nSpolka cywilna (s.c.) (civil law company)\n“Trust”or other similar legal arrangement, governed by foreign law\nPortugal\nCivil law partnerships not incorporated in a commercial form\nIncorporated firms engaged in listed professional activities in which all partners are individuals qualified in the same profession\nCompanies merely holding assets which are either controlled by a family group or fully owned by no more than five persons;\n—\nCompanies licensed to operate on the International Business Centre of Madeira eligible for exemption from IRC (Article 33 of the EBF)\nArticle 33 of EBF, applicable to companies licensed until 31 December 2000, provides for an exemption from corporate income tax until 31 December 2011.\n—\nUnincorporated associations\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nThe only trusts admitted under Portuguese law are those set up under foreign law by legal persons in the International Business Centre of Madeira.\nRomania\nAssociation (partnership)\nCooperative (Cooperative)\n“Trust” or other similar legal arrangement, governed by foreign law\nSlovenia\n—\n“Trust” or other similar legal arrangement, governed by foreign law\nSlovak Republic\nVerejná obchodná spoločnosť (General partnership)\nKomanditná spoločnosť (Limited partnership)\nZdruženie (Association)\n“Trust” or other similar legal arrangement, governed by foreign law\nFinland\navoin yhtiö/öppet bolag (Partnership)\nkommandiittiyhtiö/kommanditbolag (Limited partnership)\n“Trust” or other similar legal arrangement, governed by foreign law\nSweden\nhandelsbolag (General partnership)\nkommanditbolag (Limited partnership)\nenkelt bolag (Simple partnership)\n“Trust” or other similar legal arrangement, governed by foreign law\nUnited Kingdom\nGeneral partnership\nLimited partnership\nLimited liability partnership\nGeneral partnerships, limited partnerships; limited liability partnerships are transparent for tax purposes.\n—\nInvestment club (where members are entitled to a specific share of assets)\nGibraltar\n—\n“Trust” or other similar legal arrangement, governed by local or foreign law\nTrust income is exempt from tax under the Income Tax Rules 1992 if:\n(a) the trust is created by or on behalf of a non-resident person; and\n(b) the income,\nis accrued or derived outside Gibraltar, or\nis received by a trust and if it had been received directly by the beneficiary, it would not be liable to tax under the Income Tax Ordinance.\nThis does not apply if the trust is created before 1 July 1983 and the terms of the trust expressly exclude residents of Gibraltar as beneficiaries.\n(4) The following Annex is added as ‘Annex IV’:\n‘ANNEX IV\nLIST OF ITEMS FOR STATISTICAL PURPOSES TO BE PROVIDED ANNUALLY BY MEMBER STATES TO THE COMMISSION\n1.\nEconomic items\n1.1.\nWithholding tax:\nFor Austria and Luxembourg (as long as they apply the transitional provisions set out in Chapter III), the total annual amount of tax revenue shared from the withholding tax, split by Member State of residence of the beneficial owners.\nFor Austria and Luxembourg (as long as they apply the transitional provisions set out in Chapter III), the total annual amount of tax revenue shared with the other Member States from the withholding tax levied under Article 11(5).\nData on the total amounts collected from the withholding tax, split by Member State of residence of the beneficial owners, should also be sent to the national institution in charge of compiling balance of payments statistics.\n1.2.\nAmount of interest payments/sales proceeds:\nFor the Member States exchanging information or having opted for the voluntary disclosure provision under Article 13, the amount of interest payments within their territory which is subject to exchange of information under Article 9, split by Member State or Dependant and Associated Territory of residence of the beneficial owners.\nFor the Member States exchanging information or having opted for the voluntary disclosure provision under Article 13, the amount of sales proceeds within their territory which is subject to exchange of information under Article 9, split by Member State or Dependant and Associated Territory of residence of the beneficial owners.\nFor Member States exchanging information or having opted for the voluntary disclosure mechanism, the amount of interest payments subject to exchange of information, split by type of interest payments according to the categories set out in Article 8(2).\nThe data related to the total amounts of interest payments and sales proceeds, split by Member State of residence of the beneficial owners, should be communicated also to the national institution in charge of the compilation of Balance of Payments statistics.\n1.3.\nBeneficial owner:\nFor all Member States, the number of beneficial owners resident in other Member States and Dependent and Associated Territories, split by Member State or Dependant and Associated Territory of residence.\n1.4.\nPaying agents:\nFor all Member States, the number of paying agents (per sending Member State) involved in exchange of information or withholding tax for the purposes of this Directive.\n1.5.\nPaying agents upon receipt:\nFor all Member States, the number of paying agents upon receipt having received interest payments within the meaning of Article 6(4). This concerns both sending Member States, in which interest payments have been made to paying agents upon receipt whose effective place of management is in other Member States, and receiving Member States, who have such entities or legal arrangements on their territory.\n2.\nTechnical items\n2.1.\nRecords:\nFor the Member States exchanging information or having opted for the voluntary disclosure provision of Article 13, the number of records sent and received. One record means one payment for one beneficial owner.\n2.2.\nProcessed/corrected records:\nNumber and percentage of syntactically invalid records that can be processed;\nNumber and percentage of syntactically invalid records that cannot be processed;\nNumber and percentage of non-processed records;\nNumber and percentage of records corrected upon request;\nNumber and percentage of records corrected spontaneously;\nNumber and percentage of records processed successfully.\n3.\nOptional items:\n3.1.\nFor the Member States, the amount of interest payments to entities or legal arrangements which is made subject to exchange of information under Article 4(2), split by Member State of the entity's place of effective management.\n3.2.\nFor the Member States, the amount of sales proceeds to entities or legal arrangements which is made subject to exchange of information under Article 4(2), split by Member State of establishment of the entity.\n3.3.\nThe respective shares of total annual tax collected from resident taxpayers on interest payments made to them by domestic paying agents and by foreign paying agents.’.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The United Kingdom is the Member State responsible for the external relations of Gibraltar, under the terms of Article 355(3) of the Treaty on the Functioning of the European Union.’."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2014/48/annex",
    "retrieved_at": "2026-11-01T15:21:45.647201+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}