Double Taxation Relief Manual: Guidance by country: Netherlands: Persons Covered
The treaty contains the usual provision that it applies to persons who are residents of one or both of the Contracting states.
In this respect, there has been an agreement between the competent authorities of the Netherlands and the United Kingdom as to how the treaty is to apply to investors in closed funds for mutual account, “fonds voor gemene rekening” (closed FGR).
A closed FGR is fiscally transparent and income and gains derived by the fund are allocated to the investors in proportion to their participation in the fund.
The competent authority agreement outlines how a closed FGR fund manager or investor can seek treaty benefits.
If using the HMRC Intranet, the competent authority agreement can be viewed through the “New treaties/protocols in force” link on the sidebar. On the HMRC web-site, searching for “Treaties in force Netherlands” will provide a link to the agreement.