home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Multimedia Mania
/
abacus-multimedia-mania.iso
/
dp
/
0019
/
00197.txt
< prev
next >
Wrap
Text File
|
1993-07-27
|
14KB
|
298 lines
$Unique_ID{bob00197}
$Pretitle{}
$Title{Unified Germany
Chapter 5. Provisions Concerning the Budget and Finance}
$Subtitle{}
$Author{Press and Information Office}
$Affiliation{German Embassy, Washington DC}
$Subject{republic
contracting
tax
german
democratic
federal
party
parties
article
budget}
$Date{1990}
$Log{}
Title: Unified Germany
Book: The Unity of Germany and Peace in Europe
Author: Press and Information Office
Affiliation: German Embassy, Washington DC
Date: 1990
Chapter 5. Provisions Concerning the Budget and Finance
SECTION 1
The Budget
ARTICLE 26__________
Principles underlying the Fiscal Policy of the German Democratic Republic
(1) Public budgets in the German Democratic Republic shall be drawn up by
the relevant national, regional or local authorities on their own
responsibility, due account being taken of the requirements of general
economic equilibrium. The aim shall be to establish a system of budgeting
adapted to the market economy. Budgets shall be balanced as regards revenue
and expenditure. All revenue and expenditure shall be included in the
appropriate budget.
(2) Budgets shall be adapted to the budget structures of the Federal
Republic of Germany. The following in particular shall be removed from the
budget, starting with the partial budget for 1990 as of the establishment of
monetary union:
-the social sector, in so far as it is wholly or mainly financed from
charges or contributions in the Federal Republic of Germany,
- state undertakings by conversion into legally and economically
independent enterprise,
- transport undertakings by making them legally independent,
- the Deutsche Reichsbahn and the Deutsche Post, which will be operated
as special funds.
Government borrowing for housing shall be allocated to individual
projects on the basis of their existing physical assets.
(3) National, regional and local authorities in the German Democratic
Republic shall make every effort to limit deficits in drawing up and
executing budgets. As regards expenditure this shall include:
- abolition of budget subsidies, particularly in the short term for
industrial goods, agricultural products and food, autonomous price supports
being permissible for the latter in line with the regulations of the European
Communities, and progressively in the sectors of transport, energy for private
households and housing, making allowance for the general development of
income,
- sustained reduction of personnel expenditure in the public service,
- review of all items of expenditure, including the legal provisions on
which they are based, to determine whether they are necessary and can be
financed,
- structural improvements in the education system and preparatory
division according to a federal structure (including the research sector).
As regards revenue, the limitation of deficits shall require, in addition
to the measures under Section 2 of this Chapter, the harmonization or
introduction of contributions and fees for public services corresponding to
the system in the Federal Republic of Germany.
(4) An inventory shall be made of publicly owned assets. Publicly owned
assets shall be used primarily for the structural adaptation of the economy
and for the recapitalization of the budget in the German Democratic Republic.
ARTICLE 27__________
Borrowing and Debts
(1) Borrowing authorizations in the budgets of the local, regional and
national authorities of the German Democratic Republic shall be limited to
10 billion Deutsche Mark for 1990 and 14 billion Deutsche Mark for 1991 and
allocated to the different levels of government in agreement with the Minister
of Finance of the Federal Republic of Germany. A borrowing limit of 7 billion
Deutsche Mark for 1990 and 10 billion Deutsche Mark for 1991 shall be
established for the advance financing of proceeds expected to accrue from the
realization of assets currently held in trust. In the event of a fundamental
change in conditions, the Minister of Finance of the Federal Republic of
Germany may permit these credit ceilings to be exceeded.
(2) The raising of loans and the granting of equalization claims shall be
conducted in agreement between the Minister of Finance of the German
Democratic Republic and the Minister of Finance of the Federal Republic of
Germany. The same shall apply to the assumption of sureties, warranties or
other guarantees and for the total authorizations for future commitments to be
appropriated in the budget.
(3) After accession, debt accrued in the budget of the German Democratic
Republic shall be transferred to the assets held in trust in so far as it can
be redeemed by proceeds expected to accrue from the realization of the assets
held in trust. The remaining debt shall be assumed in equal parts by the
Federal Government and the Lander newly constituted on the territory of the
German Democratic Republic. Loans raised by Lander and local authorities
shall remain their responsibility.
ARTICLE 28__________
Financial Allocations granted by the Federal Republic of Germany
(1) The Federal Republic of Germany shall grant the German Democratic
Republic financial allocations amounting to 22 billion Deutsche Mark for the
second half of 1990 and 35 billion Deutsche Mark for 1990 for the specific
purpose of balancing its budget. Furthermore, initial financing shall be made
available from the federal budget, in accordance with Article 25, amounting
to 750 million Deutsche Mark for the second half of 1990 for pension insurance
as well as 2 billion Deutsche Mark for the second half of 1990 3 billion
Deutsche Mark for 1991 for unemployment insurance. Payments shall be made as
required.
(2) The Contracting Parties agree that the transit sum payable under
Article 18 of the Agreement of 17 December 1971 on the Transit of Civilian
Persons and Goods between the Federal Republic of Germany and Berlin (West)
shall lapse upon the entry into force of this Treaty. The German Democratic
Republic shall cancel with effect for the two Contracting Parties the
regulations on fees laid down in that Agreement and in the Agreement of 31
October 1979 on the Exemption of Road Vehicles from Taxes and Fees. In
amendment of the Agreement of 5 December 1989, the Contracting Parties agree
that from 1 July 1990 no more payments shall be made into the hard-currency
fund (for citizens of the German Democratic Republic travelling to the Federal
Republic of Germany). A supplementary agreement shall be concluded between the
Finance Ministers of the Contracting Parties on the use of any amounts
remaining in the fund upon the establishment of monetary union.
ARTICLE 29__________
Transitional Regulations in the Public Service
The Government of the German Democratic Republic shall guarantee, with
due regard for the first sentence of Article 2 (1), that in collective
bargaining agreements or other settlements in the public administration sector
the general economic and financial conditions in the German Democratic
Republic and the exigencies of budget consolidation are taken into account,
with any new service regulations being of a transitional nature only. The
Federal Representation of Staff Act shall be applied mutatis mutandis.
SECTION 2
Finance
ARTICLE 30__________
Customs and Special Excise Taxes
(1) In accordance with the principle set out in Article 11 (3) of this
Treaty, the German Democratic Republic shall adopt step by step the customs
law of the European Communities, including the Common Customs Tariff, and the
special excise taxes stipulated in Annex IV to this Treaty.
(2) The Contracting Parties are agreed that their customs territory shall
comprise the area of application of this Treaty.
(3) Equalization at the border between the fiscal territories for excise
taxes of both Contracting Parties, except those on tobacco, shall be
discontinued. Fiscal jurisdiction shall remain unaffected. Separate agreements
shall be made to offset shifts in excise revenue.
(4) The movement of untaxed excisable goods between the fiscal
territories shall be permitted as stipulated in the regulations on movements
of untaxed goods within one fiscal territory.
(5) Tax relief for export goods shall be granted only upon proof of export to
territories other than the two fiscal territories.
ARTICLE 31__________
Taxes on Income, Property, Net Worth and Transactions
(1) The German Democratic Republic shall regulate taxes on income,
property, net worth and transactions in accordance with Annex IV to this
Treaty.
(2) For the purposes of turnover tax there shall be no tax frontier
between the Contracting Parties; in consequence, there shall be no
equalization of turnover tax burdens at the frontier. Fiscal jurisdiction
shall remain unaffected. The right of input tax deduction shall extend to the
tax on turnovers which are subject to the turnover tax of the other
Contracting Party. Compensation for the reduced yield resulting from this
shall be settled by special agreement.
(3) Where there is unlimited net worth tax liability in the territory of
one Contracting Party, that Party shall have the exclusive right to tax; where
there is unlimited net worth tax liability in the territories of both
Contracting Parties, this shall apply to the Party with which the taxpayer
has the closer personal and economic ties (centre of vital interests) or in
whose territory he has effective management as a legal person. Property
located in the territory of the other Contracting Party shall be assessed
according to the regulations for domestic property applying in that territory.
(4) Where there is unlimited inheritance tax or gift tax liability in the
territory of one Contracting Party, that Party shall have the exclusive right
to tax transfers on which tax is payable after 31 December 1990. Where there
is unlimited tax liability in the territory of both Contracting Parties, this
shall apply to the Party with which the testator or donor had the closer
personal and economic ties when the tax liability was incurred (centre of
vital interests), or in whose territory he had effective management as a legal
person. The second sentence of paragraph 3 above shall be applied mutatis
mutandis to evaluation.
(5) Paragraph 4 shall apply accordingly to transfers of property by
reason of death on which taxes are incurred after 30 June 1990 and before 1
January 1991. Transfers of property by reason of death from citizens of the
Contracting Parties who had established residence in the territory of the
other Party after 8 November 1989 or who for the first time had their
customary abode there and who still had their residence or customary abode
there at the time of death cannot be subjected to any higher inheritance tax
than would be imposed where there is unlimited tax liability in the territory
of the first-mentioned Contracting Party.
(6) Disclosure and notification obligations resulting from the
inheritance tax and gift tax legislation of the Contracting Parties shall in
each case apply also with regard to the revenue authorities of the other
Party.
ARTICLE 32__________
Exchange of Information
(1) The Contracting Parties shall exchange such information as is
necessary for the execution of their taxation and monopoly legislation. The
Ministers of Finance of the Contracting Parties, together with the authorities
empowered by them, shall be responsible for the exchange of information. Any
information received by a Contracting Party shall be treated as secret in the
same manner as information obtained under the domestic laws of that party and
shall be disclosed only to those persons or authorities (including courts and
administrative bodies) involved in the assessment of collection of, the
enforcement or prosecution in respect of, or the determination of appeals in
relation to the taxes and monopolies falling within this Section. Such persons
or authorities shall use the information for these purposes only. They may
disclose the information in public court proceedings or in judicial decisions.
(2) The provisions of paragraph 1 shall not commit either Contracting
Party
- to carry out administrative measures at variance with the laws and
administrative practice of that or of the other Contracting Party;
- to supply information which is not obtainable under the laws or in the
normal course of the administration of that or of the other Contracting
Party;
- to supply information which would disclose any trade, business,
industrial, commercial or professional secret or trade process, or information
the disclosure of which would be contrary to public policy.
ARTICLE 33__________
Consultation Procedure
(1) The Contracting Parties shall endeavour to avoid double taxation in
respect of taxes on income, property, net worth and transactions by reaching
agreement on the appropriate delimitation of the tax base. They shall also
strive to eliminate by mutual agreement any difficulties or doubts which
result from the interpretation or application of their law on the taxes and
monopolies that fall within this Section.
(2) To reach agreement as mentioned in paragraph 1 above, the Minister of
Finance of the Federal Republic of Germany and the Minister of Finance of the
German Democratic Republic may communicate directly with each other.
ARTICLE 34__________
Structure of the Revenue Administration
(1) The German Democratic Republic shall create the legal basis for a
three-tier revenue administration in line with the Revenue Administration Act
of the Federal Republic of Germany, incorporating the amendments arising from
this Treaty, and shall establish the administrations accordingly.
(2) Before the establishment of monetary, economic and social union, the
first priority shall be to set up efficient tax and customs administrations.