2012 Australia Tax Guide

Transcription

1 0 Australia Tax Guide are based on the tax law as at March 0 and may be subject to change. n Australian resident for taxation Shares to the date the to you. Further, it also assumes that you did not make an election to pay tax at grant where applicable. No. You will not be subject to income tax when you purchase your Acquired Shares. You may be subject to capital gains tax (CGT) when you sell your shares. are deliver red dt to me? Yes. You will be subject to income tax at your marginal rate of tax in the tax year your to you. The calculation of the taxable discount will depend on whether or not you sell your Matched Shares within 0 days of receipt. If the Matc ched Shares are not disposed of within 0 days of receipt, the taxable amount will be the market value of the underlying shares at the time of receipt. If the Matched Shares are disposed of within 0 days, the taxable amount will be equal to the net sale proceeds.

2 0 Australia Tax Guide BHP Billiton will not withhold any tax on the basis you have provided BHP Billiton with your Tax File Number ( TFN ) or Australian Business Number ( ABN ). It is your responsibility to report your taxable income and pay any taxes due upon assessment of your Australian tax return. To assist you with your reporting obligations, BHP Billiton will provide you with an Employee Share Scheme ( ESS ) Statement (by no later than July following the end of the tax year ending on 0 June) which will include an estimate of the taxable amount relating to your Matched Shares for the relevant Australian tax year. Your Australian tax return is due by October following the end of the Australian tax year on 0 June (unless the return is prepared by a registered tax agent, in which case an extended filing date may apply). Will I be subject to tax on dividends received on Acquired and Matched Shared? Yes. The gross dividend income, inclusive of franking credits should be reported in your tax return for the year in which the dividend is paid. You will be subject to income tax on your dividend income at your marginal rate of tax. The information contained in this document does not constitute "financial product advice" within the meaning of the Corporations Act 00 (Cth) ( Corporations Act ). The PricewaterhouseCoopers partnership which is providing this advice is not licensed to provide financial product advice under the Corporations Act. To the extent that this document contains any information about a "financial product" within the meaning of the Corporations Act, taxation is only one of the matters that must be considered when making a decision about the relevant financial prod duct. This material has been prepared p for general circulation and does not take into account the objectives, financial situation or needs of any recipient. Accordingly, any recipient should, before acting on this material, consider taking advice from a person who is licensed to provide financial product advice under the Corporations Act. Any recipient should, before acting on this material, also consider the appropriateness of this material having regard to their objectives, financial situation and needs and consider obtaining independent financial advice.

3 0 Belgium Tax Guide practice as at March 0 Belgium resident for taxation Shares to the date your to you (i.e. at vesting after the year holding period has ended). No. As your Acquired Shares are purchased at market value, you will not be subject to income tax when you Shares. Yes. You will be subject to income tax (including social security) at your margin nal rate of tax in the tax year your Matched Shares vest (i.e. when your to you). In addition, you may also be subject to communal tax. The taxable amount will be equal to the fair market value of the Matched Shares at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. Billiton wit thhold the tax? BHP Billiton will withhold income and social tax when your Matched Shares vest. You are also required to report the taxable income in your annual return. Yes. Tax will be withheld if the dividends are paid through payroll. In addition, from January 0, you will need to declare the dividend income in your income tax return even if the dividend has been subject to withholding tax.

4 0 Brazil Tax Guide to your participation in practice as at March 0 Brazilian resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended. No. You will not be subject to income tax when you purchase your Acquired Shares. You may be subject to capital gains tax (CGT) when you sell your shares. Yes. You will be subject to income tax at your marginal rate of tax in the tax year your Matched Shares vest (i.e. when your Matched Shares are delivered to you). Social taxes (subject to the relevant salary caps) will also apply. The taxable amount will be equal to the fair market value of the Matched Shares at the time of vesting. The fair market value of the Matching Shares will be the share price listed on the relevant stock exchange on the date of vesting. Is payment of the tax my responsibility or will BHP BHP Billiton will withhold income and social tax (where applicable) when your Matched Shares vest. It is your responsibility to declare the shares received/purchased and held throughout the year on the list of assets in your annual Brazilian tax return ( DIPF ). Your annual tax return must be filed by 0 April of the year following the tax year in which your Matched shares vest. Yes. Dividends are subject to income tax at your marginal tax rate. The income ta ax due should be paid by you before the last business day of the month using a tax payment voucher called DARF. Dividends received should also be reported on your annual Brazilian income tax return.

5 0 Canada Tax Guide to your participation in practice as at March 0 Canadian resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended). general linformation. No. As your Acquired Shares are purchased at market value, you will not be subject to income or social tax at the time you purchase the shares. You may be subject to capital gains tax when you sell your shares. Yes. You will be subject to income tax when your Matched Shares vest (i.e. when your to you). You will also be subject to Canada Pension Plan (CPP) contributions if you have not already paid the maximum contribution for the year. at the time of vesting. The market value of the Matched Shares will be the price listed on the relevant stock exchange on the date of receipt. BHP Billiton will withhold income tax and any CPP contributions due on your Matched Shares. The taxable income from your Matched Shares and tax withholding will be reported on your annual wage slip; form T. If the aggregate cost of all foreign assets you own (including BHP Billiton shares) exceeds C$00,000, you are required to file Form T, Foreign Income Verification Statement with your annual T tax return. Yes. Dividends received will be subject to tax and must be reported on your annual tax return.

6 0 Chile Tax Guide to your participation in practice as at March 0 Chilean resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income tax when you purchase your Acquired Shares. You may be subject to tax on capital gains when you sell your shares. Yes. You will be subject to income tax and social tax when your Matched Shares vest (i.e. when your to you). The taxable amount will be equal to the fair market value of the Matched Shares at the time of vesting. The fair market value of the Matched Shares will be the price listed on the relevant stock exchange on the date of receipt. BHP Billiton will withhold the income and social taxes due on your Matched Shares. On the basis that BHP Billiton operate tax withholding, there is no need to report this amount in your monthly tax return. You will need to report this income in your annual return due by 0 April following the year in which the Matched Shares vest. Yes, generally dividends received will be subject to tax. However, non resident, non domiciled individuals, and non Chilean nationals who have been in Chile for less than three years will not be subject to tax on the dividends.

7 0 India Tax Guide to your participation in practice as at March 0 Indian resident for taxation purchase the Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period dhas ended). d) No. As the Acquired Shares are purchased at market value, you will not be subject to income tax when you purchase the Acquired Shares. You may be subject to capital gains tax when you sell your shares. Yes. You will be subject to income tax at your marginal rate of tax when your Matched Shares vest (i.e. when your Matched Shares are delivered to yo ou). The taxable amount will equal the fair market value of the Matched Shares at the time of vesting. The market value of BHP Billiton shares will be determined by a category one merchant banker valuation produced: on the date the Matched Shares vest; or on any date which is not earlier than 80 days prior to the date the Matched Shares vest. BHP Billiton will withhold income tax on your Matched Shares. You will be provided with a withholding tax certificate detailing the taxable income from your Matched Shares and the tax withheld. You will also need to file an Indian tax return to report the taxable income from your Matched Shares. Yes. Dividendd income is taxable at your marginal rate of tax and reportable in your Indian tax return.

8 0 Indonesia Tax Guide practice as at March 0 n Indonesian resident for taxation purposes from the date you purchase your Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income tax when you purchase your Acquired Shares. You may be subject to capital gains tax when you sell your shares. You may not be subject to income tax when your Matched Shares vest (i.e. when your to you). The fair market value is likely to be deemed to be a benefit in kind provided to you by BHP Billiton and therefore you should not be subject to tax. However, the position in Indonesia is unclear and this may be challenged by the tax authorities. Where the position is challenged, income tax may apply ppy on the value of the Matched Shares at the time of vesting. Yes. Dividends received will be taxed in Indonesia. The tax rate applicable wil ld depend don your marginal rate of ftax. Tax is payable via your tax return for the year in which the dividends are paid. Your tax return is due by March following the end of the year in which the dividends are paid.

9 0 Japan Tax Guide to your participation in practice as at March 0 Japanese resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income tax or social tax when you Shares. You may be subject to capital gains tax when you sell your shares. Yes. You will be subject to income tax and social tax when your Matched Shares vest (i.e. when your to you). The taxable amount will be the fair market value of the Matched Shares at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. BHP Billiton will withhold income tax on your Matched Shares. Social tax will be withheld in the month following vesting. Where you have a Japanese tax return filing requirement, you will need to file your tax return and pay any taxes due by March of the year following the tax year of vesting. Yes. Dividends received will be subject to tax and must be reported on your tax return. The dividends are typically taxable at your marginal tax rate. However, as the dividends are from a foreign listed company, an election can be made to report these dividends as separate taxable income and they will therefore be subject to a 7% flat national tax rate and % local tax. You should discuss this with your tax advisor.

10 0 Kazakhstan Tax Guide practice as at March 0 Kazakhstan resident for taxation purposes from the date you purchase your Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income tax when you purchase your Acquired Sha res. You may be subject to capital gains tax when you sell your shares.. Yes. You will be subject to income tax at your marginal rate of tax when your Matched Shares vest (i.e. when your Matched Shares are delivered to you). at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. Billiton wit thhold the tax? BHP Billiton will withhold income tax on your Matched Shares. You should also report the taxable income on your annual income tax return. Your tax return should be filed by March following the year of vesting. Yes. Dividends are taxable at a flat rate of %.

11 0 Malaysia Tax Guide to your participation in practice as at March 0 Malaysian resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended). No. As your Acquired Shares are purchased at market value, you will not be subject to income or social tax at the time of purchase. Yes. You will be subject to income tax when your Matched Shares vest (i.e. when your to you). Billit d th t at vesting. The market value of the Matched Shares for Malaysian tax purposes will equal the average of the highest and lowest share price on the relevant exchange for the day on which your Matched Shares vest. Unless you elect (in writing to the company) to pay tax on the Matched Share income through your Malaysian tax return, BHP Billiton will withhold income tax on your Matched Shares. The taxable income from your Matched Shares and tax withholding will be reported on your Income Statement (Form EA). It may be possible to pay the tax arising from your Matched Shares through a maximum of monthly payroll deductions under the Monthly Tax Deduction (MTD) system from the month the shares are delivered. You are also required to report the Matched Share income in your Annual Tax Return (Form BE) which must be filed by 0 April of the tax year following the tax year of vest. and Match hed Shares? No.

12 0 Netherlands Tax Guide to your participation in practice as at March 0 Netherlands resident for taxation purposes from the date you purchase your Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period has ended). Acquired Shares? No. As you Shares for market value, you will not be subject to income or social taxes at the time of purchase. Will I be subject to tax when my Matched Shares Yes. You will be subject to income tax and social tax when your Matched Shares vest (i.e. when your to you). taxable amount calculated in relation at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. Is payment of the tax my responsibility or will BHP BHP Billiton will withhold income tax (and social tax) on your Matched Shares. BHP Billiton will also report the income from your Matched Shares and taxes withheld in your annual salary statement ( jaaropgave ). You will be responsible for reporting the amounts on your jaaropgave in your annual tax return. Your annual return must be filed by April following the end of the income year of vesting. Am I taxa able on dividends received on Acquired No. The actual dividends are not taxable but the net value of your investment assets is deemed to generate a yield of % which is then taxed at a rate of 0% (Box ). A personal exemption is available up to at least EUR,9 on Box income, which includes dividends.

13 0 Pakistan Tax Guide to your participation in practice as at March 0 Pakistan resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income tax when you purchase your Acquired Shares. You may be subject to capital gains tax when you sell your share es. Yes. You will be subject to income tax when your Matched Shares vest (i.e. when your to you). at the time of vesting. The fair market value of the Matched Shares will be the sha are price listed on the relevant stock exchange on the date of vesting. BHP Billiton will withhold income tax on your Matched Shares when your Matched shares vest. The taxable income from your Matched Shares and tax withholding will be reported on your annual certificate of tax deduction. Where you have a tax filing requirement, you need to declare the income from your Matched Shares in your tax return. You should also consult your Pakistan tax adviser to determine whether you have a Pakistan tax filing requirement. Yes. The dividends are taxed at a rate of 0%. You will need to declare the div vidends in your income tax return and pay the necessary tax.

14 0 Singapore Tax Guide practice as at March 0 Singapore resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income tax when you purchase your Acquired Sha res. Yes. You will be subject to income tax when your Matched Shares vest (i.e. when your to you). at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. BHP Billiton will not withhold any taxes on your Matched Shares. It is your responsibility to report your taxable income and pay any taxes due through your annual Singapore tax return. Your annual return must be filed by April of the year following the vesting of the Matched Shares. No. The dividends are considered foreign sourced and therefore may be exempt from tax in Singapore.

15 0 South Africa Tax Guide practice as at March 0 South African resident for taxation purposes from the date you purchase your Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period has ended). No. As your Acquired Shares are purchased for market value, you will not be subject to income or social taxes when you purchase your Acquired Shares. Yes. You will be subject to income tax and social tax when your Matched Shar res vest (i.e. when your to you). at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. BHP Billiton will withhold income and social tax when your Matched Shares vest. The taxable income from your Matched Shares and tax withholding will be reported on your annual IRP certificate. You must also report the taxable income relating to your Matched Shares in your annual income tax return by the date announced in the Government Gazette. From April 0 dividends paid on BHP Billiton shares will be subject to South African withholding tax at a rate of % by BHP Billiton. The dividends must also be declared in your tax return and will ultimately be subject to tax at your marginal tax rate. The first R,700 of foreign interest and dividends received in a year of assessment ( March to 8 February) is exempt from income tax.

16 0 Switzerland Tax Guide practice as at March 0 Swiss resident for taxation Shares to the date the to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income or social taxes when you purchase you r Acquired Shares. Yes. You will be subject to income tax and social tax when your Matched Shar res vest (i.e. when your to you). at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. BHP Billiton will withhold social tax and may withhold income tax on your Matched Shares depending on your Swiss residency position. BHP Billiton will report the taxable income from your Matched Shares, including any taxes withheld, on your certificate of salary. If you are required to file an annual tax return, you must report your taxable income from your Matched Shares in your return. Generally, your return must be filled by the end of March of the year following the receipt of Matched Shares. Yes. Dividends will be taxable at your marginal rate of income tax. Social tax is not payable on dividend income.

17 0 Trinidad and Tobago Tax Guide practice as at March 0 Trinidad and Tobago resident for taxation purposes from the date you purchase your Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income or social taxes when you Shares. Yes. You will be subject to income tax when your Matched Shares vest (i.e. when your to you). Social tax does not apply on non-cash benefits. at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting g. BHP Billiton will withhold income tax when your Matched Shares vest. The taxable income relating to your Matched Shares, including the taxes with hheld will be reported by BHP Billiton on your Annual TD. You should consult your Trinidad and Tobago tax adviser to determine whether you have a tax filing requirement. Where you are required to file a tax return, you must report the taxable income relating to your Matched Shares. You must file your tax return by 0 April of the year following the vesting of Matched Shares. Yes. Dividends will be taxable at a rate of %. The tax is payable by 0 April in the year following that in which the dividend is paid.

18 0 United Kingdom Tax Guide practice as at March 0 UK resident for taxation purposes from the date you purchase your Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period has ended). Will I be su ubject to tax when I purchase my No. You will not be subject to income tax when you purchase your Acquired Shares. You may be subject to capital gains tax when you sell your shares. Yes. You will be subject to income tax (including National Insurance Contributions) when your Matched Shares vest (i.e. when your to you). at the time of vesting. The fair marke et value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. BHP Billiton will withhold income tax when your Matched Shares vest. The taxable amount, including the taxes withheld will be reported by BHP Billiton on your Annual P60. If you are required to file a tax return, you will need to declare this income in the return. UK tax returns need to be filed by January following the end of the tax year. Yes. Dividends received will be taxed in the UK. The tax rate applicable will depend on your marginal rate of tax. Tax is payable via your year end tax return rn due by January ar following the end of the tax year.

19 0 USA Tax Guide practice as at March 0 US resident for taxation purposes from the date you purchase your Acquired Shares to the date the Matched Shares are delivered to you (i.e. at vesting after the year holding period has ended). No. You will not be subject to income tax when you purchase your Acquired Sha res. Capital Gains Tax may apply when you sell the shares. Yes. You will be subject to income tax (and social tax) when your to you (i.e. at vesting). Federal and, where applicable, state and local income tax will apply at your marginal rate of tax. at the time of vesting. The fair market value of the Matched Shares will be the share price listed on the relevant stock exchange on the date of vesting. BHP Billiton will withhold Federal income tax when your Matched Shares are delivered. State and local tax may also be withheld. The taxable income relating to your Matched Shares, including the taxes withheld will be reported by BHP Billiton on your Annual Form W-. You will also need to report the taxable amount in your annual tax return. Yes. Dividends received will be taxed in the US. The tax rate applicable will depend on your marginal rate of tax. Tax is payable via your year end tax return which is typically due by April following the end of the tax year.