Philippines updates treaties with France and Germany

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Philippines updates treaties with France and Germany

The tax authorities in the Philippines recently issued circulars to clarify and update the country’s tax treaties with France and Germany.

Revenue Memorandum Circular (RMC) 65-2015 was issued on October 7 2015, circularising the full text of the ‘Protocol Amending the Agreement between the Republic of the Philippines and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income’ and RMC 15-2016 on February 15 2016, circularising the “Entry into Force, Effectivity and Applicability of the Renegotiated Philippine-Germany Tax Treaty”.

The agreements introduced a new Article 26 (for the French Republic) and a new Article 27 (for Germany) of the respective conventions for the avoidance of double taxation. The change was introduced to adhere to the internationally agreed standards on tax transparency and exchange of information.

With the entry into force of the respective protocols, Article 26 (for the French Republic) and Article 27 (for Germany) were revised, which – though containing provisions similar to the original article – expanded the obligations of the parties on exchange of information. The new articles provide that the obligation to exchange information is not limited by Article 1 of the convention regarding the persons covered by the convention, and neither is it limited by Article 2, regarding the type of taxes covered by the convention. Thus, the information, which may be exchanged between the state parties, is not limited to information concerning residents of either or both state parties, and neither is such information limited to those involving income or other similar taxes. However, the use of the information should only be for purposes of assessment or collection of taxes, enforcement or prosecution in respect of taxes, the determination of appeals in relation to taxes, or the oversight thereof. And, though still treated as secret, the information exchanged may be disclosed in public court proceedings or in judicial decisions. The state parties are also required to take necessary measures to ensure availability of the information and the ability of competent authorities to access such information and to transmit it to the other state party.

The protocol requires a state to use its information-gathering measures to obtain information requested by the other state, even if the requested state does not need the information for its own tax purposes. A state cannot decline to supply information solely because it has no interest in such information. A state is also prohibited from declining to supply information because of the reason that the information is held by a bank, other financial institution, nominee or person acting in an agency or fiduciary capacity, or because the information related to ownership interests in a person. It must be pointed out that this is in line with the Philippines’ own domestic laws since, under Republic Act 10021, the local tax authorities can request for information and records from banks and financial institutions, when requested by the tax authority of a country which has a tax treaty with the Philippines, or which is a party to a convention wherein the Philippines is also a member.

Irwin C Nidea Jr.

BDB Law, member of WTS Global for the Philippines

+63 2 403 2001 ext 330

irwin.c.nideajr@bdblaw.com.ph

more across site & shared bottom lb ros

More from across our site

The UK’s Labour government has an unpopular prime minister, an unpopular chancellor and not a lot of good options as it prepares to deliver its autumn Budget
Awards
The firms picked up five major awards between them at a gala ceremony held at New York’s prestigious Metropolitan Club
The streaming company’s operating income was $400m below expectations following the dispute; in other news, the OECD has released updates for 25 TP country profiles
Software company Oracle has won the right to have its A$250m dispute with the ATO stayed, paving the way for a mutual agreement procedure
If the US doesn't participate in pillar two then global consensus on the project can’t be a reality, tax academic René Matteotti also suggests
If it gets pillar two right, India may be the ideal country that finds a balance between its global commitments and its national interests, Sameer Sharma argues
As World Tax unveils its much-anticipated rankings for 2026, we focus on EMEA’s top performers in the first of three regional analyses
Firms are spending serious money to expand their tax advisory practices internationally – this proves that the tax practice is no mere sideshow
The controversial deal would ‘preserve the gains achieved under pillar two’, the OECD said; in other news, HMRC outlined its approach to dealing with ‘harmful’ tax advisers
Former EY and Deloitte tax specialists will staff the new operation, which provides the firm with new offices in Tokyo and Osaka
Gift this article