Global Withholding Tax

Transcription

1 Global Withholding Tax Investor Profile Irish collective investment funds JANUARY 2018

2 Disclaimer The information provided in this publication is for general information purposes only and is valid as at January 1, Any changes to legislation or treaties will be published via the RBC Investor & Treasury Services Tax Newsflash procedure and subsequent editions of this publication will be updated accordingly. The information in this publication should not be regarded as advice. RBC Investor & Treasury Services are not responsible for the accuracy of the information, nor for any actions taken based on the information. We strongly recommend consultation with appropriate tax advisors. RBC Investor & Treasury Services is a global brand name and is part of Royal Bank of Canada. RBC Investor & Treasury Services is a specialist provider of asset servicing, custody, payments and treasury services for financial and other institutional investors worldwide. RBC Investor Services operates through two primary operating companies, RBC Investor Services Trust and RBC Investor Services Bank S.A., and their branches and affiliates. In the UK, RBC Investor Services Trust operates through a branch authorized by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. The Dubai Branch of RBC Investor Services Trust is regulated by the Dubai Financial Services Authority. In Australia, RBC Investor Services Trust is authorized to carry on financial services business by the Australian Securities and Investments Commission under the AFSL (Australian Financial Services Licence) number In Singapore, RBC Investor Services Trust Singapore Limited (RISTS) is licensed by the Monetary Authority of Singapore (MAS) as a Licensed Trust Company under the Trust Companies Act and was approved by the MAS to act as a trustee of collective investment schemes authorized under S 286 of the Securities and Futures Act (SFA). RISTS is also a Capital Markets Services Licence Holder issued by the MAS under the SFA in connection with its activities of acting as a custodian. In Hong Kong, RBC Investor Services Bank S.A. is a restricted license bank and is authorized to carry on certain banking business in Hong Kong by the Hong Kong Monetary Authority. RBC Investor Services Trust Hong Kong Limited is regulated by the Mandatory Provident Fund Schemes Authority as an approved trustee. / Trademarks of Royal Bank of Canada. Used under licence.

3 Contents Overview of RBC Investor & Treasury Services withholding tax policies 4 Markets 8 Additional comments: 21 2

4 This document provides an outline of the relevant withholding taxes applicable to an Irish collective investment fund, in respect of securities income from portfolio investments. This Investor Profile is intended for use by Irish collective investment funds organized in one of the two forms: Unit Trusts governed by the Unit Trusts Act, 1990 Investment Companies registered under a series of Acts called the Companies Acts, 1963 to They can be set-up as a Variable Capital Company (VCC) or Public Limited Company (PLC) Irish Investment Limited Partnerships or Common Contractual Funds are not in the scope of this Investor Profile. 3

5 Overview of RBC Investor & Treasury Services withholding tax policies 1. ACCOUNT OPENING / NEW PORTFOLIO INVESTMENT Information / documentation required from the client When a client opens a Global Custody account for the first time, the appropriate Tax Questionnaire and relevant documents, must be completed providing full details of the beneficial owner of any income received for the account. When a client initially opens a global custody account a detailed list of investment markets is requested. This list provides the necessary information for the Bank to complete tax documentation or request additional client documentation to ensure the appropriate tax rate is obtained in each market. If, at a later date, the client s investment strategy requires the opening of a global custody account in a new market, the Bank will complete or request any necessary tax documentation. If no such advice or requested documentation is received the Bank will not accept any liability for any tax losses incurred. Furthermore, it is the responsibility of the client to advise the Bank of any changes that may lead to a reclassification of client type for the beneficial owner of the account or other details relating to their tax status, such as a change in Local Tax Office or Tax Identification Number. Any changes must be advised to the Bank within 10 business days General Requirements Power of Attorney As a part of the account opening process (Tax Questionnaire) the Bank requires the completion of a Power of Attorney (POA) from the beneficial owner (or where appropriates a legal representative). This POA enables the Bank to complete many of the required documents in-house without further recourse to the client but also to liaise with the Office of the Revenue Commissioners to request the issuing of certificates of residence or certification of tax reclaim forms. Market specific requirements are detailed below and markets where the Bank can complete documentation on behalf of the beneficial owner where a POA is held are clearly marked. Certain markets or scenarios exist where it is not possible for the Bank to complete the required documentation on behalf of the beneficial owner, even under POA, and in these cases it will be the client s responsibility to provide the necessary documents on request. The most important of these markets is 4

6 the US where completion of a W-8BEN form is a necessity. In addition, in certain cases a client may not wish to provide RBC Investor & Treasury Services with a Power of Attorney. In such cases it may be arranged for clients to complete any additional specific documentation required themselves. UCITS attestation In order to obtain reduced tax rate benefits in a number of foreign markets, the Bank will require the beneficial owner to provide to it an attestation issued by the Centrale Bank of Ireland certifying the UCITS status of the collective investment funds.it enables the Bank to evidence the UCITS status of the collective investment fund. Please note that without this document no tax service can be offered to collective investment funds. Country Specific Requirements US Form W8-BEN This document alleviates the charge to US backup tax on US source income payments and gross sale proceeds received by RBC Investor & Treasury Services across all countries of investment. For corporates invested in US bonds, it also enables "portfolio interest" to be paid without deduction of US Non Resident Withholding Tax. Collective Investment Vehicle Shareholder Percentage Questionnaire This requirement applies to beneficial owners that are collective investment vehicles organized as corporations. Please refer to the guidelines / explanatory notes provided in the questionnaire for further information. Austria A new rule was implemented at the end of December 2008 whereby each tax reclaim filed in Austria by a Non-Austrian resident Investment Vehicle must include an Attestation of Holding providing shareholder percentage information. Additional disclosure of investors holding 10 % or more in the Investment Vehicle is required in the form of an original Certificate of Residence. This rule is effective retroactively to January 1, Germany A requirement in the form of a statement of beneficial ownership was introduced in 2000, which provides the German Tax Authority with the percentage of shareholders or unit holders that are resident in the country where the fund is resident. If, for example, a fund provides a statement of beneficial 5

7 ownership or an attestation stating that 98% of its shareholders are residents of the country where the fund is resident, only 98% of the tax reclaim will be paid. If the percentage of ownership is 98.01%, the percentage refund would be rounded up to the next highest whole number (i.e., 99%). NB: If the mutual fund is itself a corporation or is treated as a corporation for tax purposes, the mutual fund should generally be able to claim treaty benefits without providing this additional information. Switzerland The percentage shareholding for the underlying holders comprising a mutual or investment fund is required on an annual basis and should be taken at the end of the fund s accounting year. Claims for refund are generally based on the proportion of shares beneficially owned by shareholders resident in the country of domicile of the fund. 2. CROSS BORDER CUSTODY AND SETTLEMENT TAX RECLAIMS Restrictions are placed on providing a withholding tax reclaim or relief at source service on cross border holdings. A cross border security is any security settled and held by an agent in a country not being the home country of location of that security. Due to inherent risks such as an inability to process cross border reclaims by the sub agent holding the security and substantial agent fees where cross border reclaims are available. This policy is extended to equity investments held through Clearstream or Euroclear. 3. GLOBAL MINIMUM TAX RECLAIM THRESHOLDS A minimum reclaim value is set for all withholding tax reclaim territories. All reclaims with a value falling under the minimum threshold of eur will not be processed by RBC Investor & Treasury Services. Such claims will be deleted from any accruals reported to clients. This is due to the fact that it is uneconomic, based on agent charges and internal processing costs for RBC Investor & Treasury Services to process reclaims under a certain value. 6

8 4. SECURITIES LENDING This document provides an outline of the relevant withholding taxes applicable in respect of securities income from portfolio investments only and does not intend to cover withholding taxes applicable in respect of manufactured incomes from lent securities. No tax reclaim service can be offered on manufactured incomes. 7

9 Markets Country Dividends standard Dividends treaty Corporate bonds standard Government bonds standard Interest treaty Notes Argentina 7 n/a 0/15.05/35 0 n/a Dividend: If the dividend distribution exceeds the after tax accumulated taxable income of the payer a withholding of 35% may be imposed on the income Effective January 2, 2018, the withholding tax rate on dividends derived from Argentinian securities will increase from 0% to 7%. Effective January 1, 2020, the withholding tax rate on dividends derived from Argentinian securities will increase from 7% to 13%. Interest: Interest derived by non-residents from Argentinean government and corporate bonds is exempt from withholding tax. A 15.05% rate applies to interest (other than bond interest) derived by non-resident financial institutions which conform to the Basle standards for banks. Otherwise, the domestic rate of withholding tax on interest derived by non-resident companies is 35%. Australia (Relief at 0/30* *30% rate for unfranked dividends, 0% rate for fully franked dividends 15 10/0* *0% rate for debt compliant with section 128F, for Australian Commonwealth T- Notes and global bonds denominated in AUD ( Matildas ) 10/0* *0% rate for debt compliant with section 128F, for Australian Commonwealth T- Notes and global bonds denominated in AUD ( Matildas ) 10 Documentation required from 2. Beneficial owner details (one off requirement per Tax Questionnaire, information update required should details change) Treasury Services may complete on behalf of client and process/action to be: 1. Client s tax office for certification of residency 8

10 Austria (Reclaim Documentation required from 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: Tax reclaim application is 1. Declaration of widely held foreign investment funds 2. Ersuchen um Erg]anzung Form in case the bank is client s transfert agent 3. Sent to client s tax office for certification of residency 4. Submitted to agent bank in Austria Bangladesh 20 n/a n/a Interest: Foreign investors are permitted to invest in corporate debentures and 5 and 10 years Treasury Bonds. However, transactions of these bonds in the secondary market are rare. Belgium (Reclaim 30/15* *15% rate applies to shares of investment companies (SICAV's, SICAF's and OPCC's) 15 30/0* * most corporate bonds are exempt 0 n/a Documentation required from 2. Beneficial owner details (one off requirement per Tax Questionnaire, information update required should details change) Treasury Services may complete on behalf of client and process/action to be: Tax reclaim application is 1. Sent to client s tax office for certification of residency 2. A Form C is prepared and submitted to the agent 9

11 Brazil 0/25* *25% if dividend is qualified as interest on net equity or Interest over capital n/a n/a Dividend: if the income derives from a profit that has been submitted to corporate tax, the revenue will be announced as dividend (0% withholding tax) whereas if the issuer does not pay the corporate tax, the income will be announced as Interest on net equity or Interest over capital and 25% withholding tax applies Fixed Income foreign investor resident in a tax heaven jurisdiction is subject to the same tax treatment established for a resident in Brazil. Hence, a 15% to 22.5% rate is applicable, depending on the length of beneficial ownership of the bond.. In this context, fixed income investments are subject to withholding income tax according to the term of the investment, considering the followings tax rates: up to 180 days: 22,5%; from 181 to 360 days: 20%; from 361 to 720 days: 17,5% and over 720 days: 15%.. Interest on Net Equity or Interest Over Capital is a hybrid way to remunerate shareholders calculated by applying a pre-defined long-term interest rate ( TJLP ) on the Brazilian entity s adjusted equity, considering all equity variations occurred during the year (increases and reductions). The payment of Interest on Net Equity to a foreign investor resident in a tax haven jurisdiction is subject to withholding income tax at 25%. Please note there are no distinction in taxation between Corporate and Government Bonds in terms of tax for tax haven juridictions Both assets must follow the regressive table for fixed income assets Canada 25 n/a 0 0 n/a Chile 35 n/a 4/35 4/35 n/a Dividend: The statutory withholding tax rate on dividends is 35%, less a tax credit which varies according to the rate of corporate tax paid by the issuing company. China 0/ Dividend: Chinese H and B shares are subject to WHT at 10% 10

12 Colombia 0/25 n/a n/a Dividend: 0% withholding tax rate applies to dividends paid out of taxed profits. If profits are untaxed, dividends are subject to a rate of 25%. Czech Republic (Relief at Documentation required from 1. Declaration of Beneficial Ownership 2. Power of attorney 3. Beneficial owner details (one off requirement per Tax Questionnaire, information update required should details change) Treasury Services may complete on behalf of client and process/action to be: 1. Client s tax office for certification of residency Denmark (Reclaim 22* * decrease from 27% to 22% for corporate non resident investors effective date July 1, 2016 but not yet clear guidelines- 27% remain applicable Documentation required from 2. Beneficial owner details (one off requirement per Tax Questionnaire, information update required should details change) Treasury Services may complete on behalf of client and process/action to be: Tax reclaim application is 1. Sent to client s tax office for certification of residency 2. Electronic filing of beneficial owner and holding details submitted to agent bank in Denmark Estonia 0 n/a 0 0 n/a Egypt 10 n/a 0/20 0/20 n/a Interest: Withholding tax on Government bonds issued after July 1,2008 increase from 0% to 20%. 20% also applies on T-Bill which are issued after May 5, 2008 Finland (Reclaim and 30 0* Relief is only Documentation required from Treasury Services may complete on 11

13 Relief at possible for 15% and remaining 15% are applied via tax reclaim For the relief (15%) and the reclaim (15%) 2. Beneficial owner details (one off requirement per Tax Questionnaire, information update required should details change) behalf of client and process/action to be: Tax reclaim application is 1. Sent to client s tax office for certification of residency 2. Submitted to agent bank in Finland France (Relief at 30 Dividends from SIIC are subject to 15% 0* 0% if the fund qualifies for the UCITS or AIF status Documentation required from 2. UCITS attestation (one off requirement per Tax Questionnaire, renewable should details change) 3. Certified RPPM form duly completed and yearly renewed for AIF fund Treasury Services may complete on behalf of client and process/action to be: 1. Certified RPPM form to be lodged with agent bank in France for UCITS/AIF funds 2. Disclosure per dividend payment Germany (Reclaim % applies on German convertible bonds 0 0 Documentation required from 1. German declaration for the electronic filing procedure Treasury Services may complete on behalf of client and process/ action to be: Tax reclaim application is 2. Full beneficiary details provided in completed Tax Questionnaire 1. Sent to client s tax office for certification of residency 2. Submitted to agent bank in Germany Greece (Relief at 15/0* *0% if the fund qualifies for the n/a 0 0 n/a 12

14 UCITS status Hong Kong 0 n/a 0 0 n/a Hungary 0 n/a 0*/30 0 n/a Interest: effective 1 January 2010 interest derived from certain corporate bonds is subject to 30% tax although DTT country residents will continue to be exempt India 0 n/a 20/42 20 n/a Interest: 20% rate applies to interest from foreign currency loans, corporate and government bonds. 42% rate applies to all other interest. Indonesia 20 n/a n/a Ireland (Reclaim Documentation required from 1. Power of Attorney 2. Certified V3 Composite Form duly completed Treasury Services may complete on behalf of client and process/ action to be: Tax Reclaim application is 1. Sent to client s tax office for certification of residency 2. Submitted to Revenue in Ireland Israel (Relief at / 23* *23% applies on short term government bonds 10 Documentation required from client 2. Beneficial owner details (one off requirement per Tax Questionnaire, information update required should details change) Treasury Services may complete on behalf of client and process/ action to be: 1. Client s tax office for certification of residency 2. Yearly 2042 Form 3. Yearly A114 form Italy 26 n/a 26/0* 12.5/0* 10/0 Documentation required from Treasury Services may complete on behalf of 13

15 (Relief at *0% rate if client provides a Self Certification *0% rate applies if client provides a Self Certification 1. Client s Self Certification (one per agent) client and process/ action to be: 1. One-time reporting of the client s TIN to withholding agent 2. Periodical reporting of client s TIN per trade instruction Japan (Relief at /0* *0% rate applies to corporate & municipal bonds if held on the Bank of Japan's book entry system /0* *0% rate applies to government bonds if held on the Bank of Japan's book entry system 0 Documentation required from 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/ action to be: 1. Application Form for Tax Exemption on interest payment 2. Client s tax office for certification of residency 3. Investor list breakdown Lithuania 15 n/a 10/0* 10/0* n/a Interest: interest paid to legal entities resident in EEA and DTA countries is exempt Luxembourg Malaysia 25 n/a Dividend: There is no dividend withholding tax. However, there is a 25% tax charge on the gross dividends which is a deduction of Malaysian tax credits. Mexico 10 n/a 30/10/ Interest: 10% paid on negotiable instruments, 4.9% on interest paid to banks, 30% rate applies to residents of the black list countries Morocco 15 n/a 10 0 n/a 14

16 Netherlands 15 n/a New Zealand (Relief at 15*/30 *15% applies to dividends fully imputed 15 15/2* *2% rate applies where Approved Issuer Levy has been applied for 15/2/0 n/a Documentation required from 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: 1. Client s tax office for certification of residency Norway (Reclaim Territory / Relief at 25 0* *The Tax Exemption Model provides a WHT exemption for corporate shareholders resident in the EU/EEA effective Documentation required from For the Exemption Model: 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: For the Exemption Model: First time reclaim application accompanying Norwegian attestation and Certificate of residency. Further to a successful reclaim a segregated account can be assigned to the investor so to apply for the exemption by relief. Pakistan 7.5/15/20 n/a n/a Dividend: 7.5% = dividends paid by companies engaged in power generation or by purchasers of privatized power companies and by companies engaged exclusively in mining operations other than petroleum Effective July 1, 2015: the withholding tax has been increased from 15% to 17.5% and from 10% to 12.5% for filers. Effective July : the withholding tax has been increased from 17.5% to 20% for non-filers and remains at 12.5% for filers. Effective July : the withholding tax remains at 20% for non-filers and has been increased from 12.5% to 15% for filers. 15

17 Peru 6.8 n/a 30 0 n/a Dividend: 4.1% applies to dividends generated before 2015 fiscal year Philippines 30 n/a n/a Poland (Relief at Documentation required from client 1. Power of Attorney 2. UCITS attestation 3. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: 1. Self Certification 2. Client s tax office for certification of residency Portugal (Reclaim /0* *0% rate applies to most corporate bonds 0 10 Documentation required from 1. Power of Attorney 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: Tax reclaim application is 1. Sent to client s tax office for certification of residency 2. Statement for Funds Form 3. Submitted to agent bank in Portugal 4. Income/transaction breakdowns (monthly and yearly reports) 16

18 Romania (Relief at Documentation required from 1. Power of Attorney 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: 1. Client s tax office for certification of residency Russia 15 n/a 15/ Interest: 15% rate applies to certain types of state and municipal securities Singapore 0 n/a n/a Dividend: REIT distributions are subject to 17% tax or 10% for nonresidents without a permanent establishment in Singapore Slovak Republic 0 n/a 19 0 n/a Interest: in practice most interest payments are tax exempt South Africa (Reclaim Documentation required from 1. Tax Office Authority 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: Tax Reclaim application is: 1. Sent to client s tax office for certification of residency 2. Submitted to agent bank in South Africa 17

19 South Korea (Relief at Documentation required from Form 2. Annex to Form Treasury Services may complete on behalf of client and process/action to be: 1. Submission of client s forms to agent bank in South Korea (quarterly renewal) Spain (Reclaim 19.% n/a*/1** * SICAV/F part II and SICAV/F- FIS are excluded from tax treaty benefits (19.5% applies) **1% tax rate applies if the SICAV qualifies for the UCITS status 19%/0* * Interest paid to an EU resident without a permanent establishment in Spain is exempt on provision of a certificate of residence 19%/0* * Interest paid to an EU resident without a permanent establishment in Spain is exempt on provision of a certificate of residence 0 Documentation required from client 2. Tax Office Authority 3. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: Tax Reclaim application is: 1. Sent to client s tax office for certification of residency 2. Submitted to agent bank in Spain 3. Reclaim summary report Sri Lanka 10 n/a 10 0 n/a 18

20 Sweden ( Relief at 30 15/0* *0% tax rate applies if the fund qualifies for the UCITS status Documentation required from agent: 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: 1. UCITS attestation submitted to agent bank in Sweden 2. Disclosure per dividend payment Switzerland (Reclaim Documentation required from agent: 2. Full beneficiary details provided in completed Tax Questionnaire Treasury Services may complete on behalf of client and process/action to be: Tax reclaim application 1. Sent to client s tax office for certification of residency 2. Submitted to agent bank in Sweden Taiwan 20 n/a n/a Dividend: 30% = payment to non resident individuals, 25% = payments to non resident corporations, 20% = payments on investments approved by the ROC government pursuant to the Statute for Investment by Foreign Nationals or the Statute for Investment by Overseas Chinese Thailand 10 n/a 15 15/0 n/a Interest: 15% = short term bills, Government/Corporate bonds/ Financial Debentures, Securitization Products e.g. ABS, REITs and RAETs, and repos on all of these. 20% applies to other forms of interest. From January 1, 2018, 21% tax rate is applied on foreign institutional/individual investors (FINI/FIDI) and mainland area investors dividend income 19

21 Turkey 15 n/a 0 0 n/a Dividend: REIT distributions are tax exempt. Most foreign institutional investors have been granted non resident investment fund status (NRIF) and are eligible for gross payments Interest: 0% rate applies to Government securities. However the Earthquake Tax Scheme effective 1 January 2000 applies a surcharge of between 4% and 19% depending on maturity. UK 0 n/a 0/20 0 n/a Dividend: REIT distributions part constituted of Property Income Distribution are subject to 20% tax. Interest: interest from UK Eurobonds, Gilts and eligible Bulldog Bonds are free of tax. Non-publicly traded corporate bonds are withheld at 20% US (Relief at 30 n/a 30/0* *0% rate applies to portfolio debt securities and government interest 30/0* *0% rate applies to portfolio debt securities and government interest 0 Documentation required from client 1. W8-BEN Form (renewable should details change, per Tax Questionnaire) Treasury Services may complete on behalf of client and process/action to be: s reporting to US IRS Venezuela 34 n/a n/a Interest: Withholding tax is imposed on 90% of the gross payment for individuals (the effective rate is 30.6%). Interest paid to financial institutions is set at a flat rate of 4.95%. 20

22 Additional comments: Relief at Territories (Or unspecified territories) - Please note that where standard withholding tax rates are lower than the specified treaty rate then the standard rate will apply. Tax rates for other markets in which investment is possible through RBC Investor & Treasury Services are available on request. 21