Article VIII of the Protocol — U.S. Income Tax Treaty

giving effect to its provisions.

Paragraph 1 provides for the ratification of the Convention by both Contracting States according to their applicable procedures. Each State must notify the other as soon as its requirements for ratification have been complied with. The Convention will enter into force on the thirtieth day after the later of such notifications accompanied by an instrument of ratification.

In the United States, the process leading to ratification and entry into force is as follows: Once a protocol or treaty has been signed by authorized representatives of the two Contracting States, the Department of State sends the protocol or treaty to the President who formally transmits it to the Senate for its advice and consent to ratification, which requires approval by two-thirds of the Senators present and voting. Prior to this vote, however, it generally has been the practice of the Senate Committee on Foreign Relations to hold hearings on the protocol or treaty and make a recommendation regarding its approval to the full Senate. Both Government and private sector witnesses may testify at these hearings. After receiving the Senate's advice and consent to ratification, the protocol or treaty is returned to the President for his signature on the ratification document. The President's signature on the document completes the process in the United States.

The date on which a treaty enters into force is not necessarily the date on which its provisions take effect. Paragraph 2 contains rules that determine when the provisions of the treaty will have effect.

Under subparagraphs (a)(i) and (b)(ii), the provisions of the Protocol relating to taxes withheld at source will have effect with respect to amounts paid or credited on or after the first day of the second month next following the date on which the Protocol enters into force. For example, if instruments of ratification are exchanged on April 25 of a given year, the withholding rates specified in paragraphs 2 and 3 of Article 10 (Dividends) would be applicable to any dividends paid or credited on or after June 1 of that year. Similarly, the revised Limitation on Benefits provisions of Article 5 of the Protocol would apply with respect to any payments of interest, royalties or other amounts on which withholding would apply under the Code if those amounts are paid or credited on or after June 1.

This rule allows the benefits of the withholding reductions to be put into effect as soon as possible, without waiting until the following year. The delay of one to two months is required to allow sufficient time for withholding agents to be informed about the change in withholding rates. If for some reason a withholding agent withholds at a higher rate than that provided by the Convention (perhaps because it was not able to reprogram its computers before the payment is made), a beneficial owner of the income that is a resident of Sweden may make a claim for refund pursuant to section 1464 of the Code.

Under subparagraph (b)(i) the provision of Article VI of the Protocol relating to the taxation of pensions of certain employees of the U.S. embassy in Stockholm or the U.S. consulate general in Gothenburg by Sweden is effective for income derived on or after January 1, 1996.

For all other taxes, subparagraphs (a)(ii) and (b)(iii) specify that the Protocol will have effect for any taxable period beginning on or after January 1 of the year next following entry into force.