Double Taxation. Conventions / Agreements. 25 May 2005

Similar documents
South Africa Sudan Double Taxation Agreement

EXPLANATORY MEMORANDUM ON THE DOUBLE TAXATION CONVENTION BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF MOZAMBIQUE

TAXATION OF NON RESIDENT SERVICE PROVIDERS

Report of the Finance and Expenditure Committee

DOUBLE TAX TREATIES: COMPANIES ICAZ TAX SEMINAR. Presented by M. NGORIMA 22 February 2018

Report of the Finance and Expenditure Committee

How to read Tax Treaties Salient features of select Indian DTAA. Arpit Jain Chartered Accountant

GOVERNMENT NOTICE SOUTH AFRICAN REVENUE SERVICE INCOME TAX ACT, 1962

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE KINGDOM OF LESOTHO FOR THE AVOIDANCE OF DOUBLE TAXATION AND

1993 Income and Capital Gains Tax Convention

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES INTERNATIONAL TAX AGREEMENTS AMENDMENT BILL 2016 EXPLANATORY MEMORANDUM

Double Taxation Treaty between Ireland and

CONVENTION. between THE GOVERNMENT OF BARBADOS. and THE GOVERNMENT OF THE REPUBLIC OF GHANA

NON-DISCRIMINATION IN BILATERAL TAX CONVENTIONS

Introduction to Tax Treaties and its application

U.S. APPROACH TO APPLICATION OF INCOME TAX TREATIES TO PAYMENTS THROUGH HYBRID ENTITIES. Note by Mr. Henry Louie

TECHNICAL EXPLANATION OF THE UNITED STATES-JAPAN INCOME TAX CONVENTION GENERAL EFFECTIVE DATE UNDER ARTICLE 28: 1 JANUARY 1973 TABLE OF ARTICLES

TAX LAW. Academic Year 2016 / 2017

COMMENTARY ON THE ARTICLES OF THE ATAF MODEL TAX AGREEMENT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO

2005 Income and Capital Gains Tax Convention

CONVENTION BETWEEN IRELAND AND THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES

Double Taxation Treaty between Ireland and Czech Republic

AGREEMENT BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF TURKEY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION

Cyprus Italy Tax Treaties

Double Taxation Treaty between Ireland and Hungary

HOW TO READ A TREATY Introduction (India UK Treaty) Kishor Karia

Double Taxation Treaty between Ireland and Turkey

SA/Mauritius DTA changes & challenges. Celia Becker 26 & 27 March 2015

GOVERNMENT NOTICE SOUTH AFRICAN REVENUE SERVICE. No October 2012 INCOME TAX ACT, 1962

GENERAL EFFECTIVE DATE UNDER ARTICLE 30: 1 JANUARY 1986 INTRODUCTION

International treaty examination of the Agreement between New Zealand and the Republic of Austria with Respect to Taxes on Income and on Capital

UK/KENYA DOUBLE TAXATION AGREEMENT SIGNED 31 JULY 1973 Amended by a Protocol signed 20 January 1976 and notes dated 8 February 1977

OECD Model Tax Convention on Income and Capital An overview. CA Vishal Palwe, 3 July 2015

Company vs. enterprise

Cyprus Romania Tax Treaties

By : NOR AZIZAN ADNAN NON RESIDENT BRANCH INLAND REVENUE BOARD OF MALAYSIA TAXATION OF NON RESIDENT PERSONS IN MALAYSIA

Guidance regarding the Commencement of Application of the New Tax Convention between Japan and the United States. June National Tax Agency

(US Thailand Double Taxation Treaty) The Government of the Kingdom of Thailand and the Government of the United States of America,

Dutch Treaty Developments With Gulf Cooperation Council Countries

2004 Income Tax Agreement

SCHEDULE [Regulation 2] PREAMBLE. The Government of the Republic of Mauritius and the Government of the Republic of South Africa;

International Taxation Issues for EI

NIGERIA - BELGIUM DTA INCOME TAX TREATY

Report of the Finance and Expenditure Committee. Contents Recommendation 2 Appendix A 3 Appendix B 4

CONVENTION BETWEEN IRELAND AND THE KINGDOM OF MOROCCO FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION

SOUTH AFRICAN REVENUE SERVICE

SOUTH AFRICA GLOBAL GUIDE TO M&A TAX: 2017 EDITION

Libero Istituto Universitario Carlo Cattaneo

IFA Congress 2012 Boston Subject 1: Enterprise Services

1968 Income Tax Convention

Double tax agreements

2005 Income and Capital Gains Tax Convention and Notes

AVOIDANCE OF DOUBLE TAXATION AGREEMENTS (DTA) BETWEEN NIGERIA & OTHER COUNTRIES PUBLISHED DTA. Table of Contents. SN Country Page 1.

Kosovo Tax & Legal Alert

AGREEMENT OF 22 ND JUNE, Morocco

Tax Treatment of Flight Crew Members

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF TURKEY AND THE GOVERNMENT OF NEW ZEALAND

Report of the Foreign Affairs, Defence and Trade Committee. Contents Recommendation 2 Appendix A 3 Appendix B 4

CPA Esther Wahome. Thursday, 16 August 2018

Cyprus Kuwait Tax Treaties

Double Taxation Avoidance Agreement between The Philippines and Brazil

UK/FIJI DOUBLE TAXATION CONVENTION SIGNED 21 NOVEMBER Entered into force 27 August 1976

TREATY SERIES 2013 Nº 10

Double Taxation Avoidance Agreement between The Philippines and Pakistan

TREATY SERIES 2015 Nº 16

Double Taxation Avoidance Agreement between Sri Lanka and Singapore

Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting

Your guide to taxation in South Africa

Cyprus South Africa Tax Treaties

NOTIFICATION NO.35/2014 [F.NO.503/11/2005 FTD II], DATED

International Tax South Africa Highlights 2018

ATAF MODEL TAX AGREEMENT. for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income

Ireland - Zambia Income

CONVENTION. between BARBADOS. and THE KINGDOM OF SPAIN

TREATY SERIES 2007 Nº 32

E/C.18/2016/CRP.7. Note by the Secretariat. Summary. Distr.: General 4 October Original: English

International Tax Albania Highlights 2018

Table of Contents. Part I La Brienza Winery: Tax Trouble in Wine Country. Chapter 1 Introduction: The Vital Role of Tax in Global Management

The Government of the Republic of Estonia and the Government of the United Kingdom of Great Britain and Northern Ireland;

GENERAL EFFECTIVE DATE UNDER ARTICLE 28: 1 JANUARY 1975 TABLE OF ARTICLES

Double Taxation Relief

FORMAL RATIFICATION: TAX TREATY WITH CAMEROON, LESOTHO, HONG KONG, QATAR AND CYPRUS

International Taxation

Taxation of Expatriates Issues which can be considered for taxation of Expatriates: - Residential Status. - Taxation of salary, perquisites, amenities

Double Taxation Avoidance Agreement between Philippines and Spain. Completed on January 1, 1994

MALTA. Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Malta

UK/NETHERLANDS DOUBLE TAXATION CONVENTION AND PROTOCOL SIGNED IN LONDON ON 26 SEPTEMBER 2008

PHILIPPINES. Agreement for avoidance of double taxation and prevention of fiscal evasion with Philippines

Cyprus Egypt Tax Treaties

Analysis: China Singapore Income Treaty Type of treaty: Income tax Based on the OECD Model Treaty Signed: July 11, 2007 Entry into force: September

ARMENIA ARTICLE 3 GENERAL DEFINITIONS

Definition of international double taxation

Poland - Sri Lanka Income and Capital Tax Treaty (1980)

TREATY SERIES 2007 Nº 38

C O N V E N T I O N BETWEEN THE KINGDOM OF DENMARK AND THE REPUBLIC OF GHANA

1980 Income and Capital Gains Tax Convention

Double Taxation Avoidance Agreement between Philippines and Australia. Completed on July 1, 1980

IBFD Course Programme International Tax Aspects of Permanent Establishments

The Government of the Federative Republic of Brazil and the Government of the Italian Republic,

Pakistan - Sri Lanka Income Tax Treaty (1981)

Transcription:

Double Taxation Conventions / Agreements 25 May 2005

Purpose of Agreements To remove barriers to cross-border trade and investment

How treaties remove tax barriers Elimination of double taxation Certainty of tax treatment Reduce withholding tax rates Prevention of fiscal evasion Assistance in collection Resolution of tax disputes/interpretation

South Africa Ghana Double Taxation Convention

Introduction Closely follows the OECD Model Convention, which forms the foundation for the vast majority of Double Taxation Agreements (DTA s) worldwide A number of articles are different from the OECD Model Convention. These articles and other articles of interest in the South Africa Ghana Double Tax Convention are as follows

Article 2: Taxes Covered Specific reference is made to capital gains. This is not vital as it is actually a tax on income.

Article 5: Permanent Establishment Construction 12 months in OECD Model 6 months in UN Model 6 months in South Africa Ghana DT Convention Independent Services are dealt with under Article 14

Article 10: Dividends Withholding tax of 5% or 15% proposed by OECD Model In practice, withholding taxes vary widely internationally Dividend rate in South Africa Ghana DT Convention 5% for shareholding of at least 10% 15% on all others

Articles 11: Interest Withholding tax of 10% proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa Ghana DT Convention: 5% for banks 10% all others

Article 12: Royalties No withholding tax proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa Ghana DT Convention Article 12: Royalties: 10%

Article 14: Independent Personal Services Independent services are dealt with in this Article. The Source State may tax if the threshold of fixed base or 183 day physical presence is exceeded.

Article 18: Pension and Annuities Pensions under a Social Security system are taxable only in the State which pays the pension.

Article 20: Management Fees Management fees 10% taxation allowed in source State Managerial, technical or consultancy fees Reduces Ghana s rate from 20% to 10%

Article 21: Professors or Students Teachers: Exempt in the host State for up to two years. Remuneration must come from outside that state.

Article 23: Limitation of Benefits Limitation Ghana taxes foreign income only when remitted. Income not remitted and not taxed will, therefore, not qualify for benefits.

Article 25: Non-discrimination Provides that Ghana s Branch Profits Tax and the South African tax on branches will not be considered discriminatory.

South Africa Turkey Double Taxation Agreement

Introduction Closely follows the OECD Model Convention, which forms the foundation for the vast majority of Double Taxation Agreements (DTA s) worldwide A number of articles are different from the OECD Model Convention. These articles and other articles of interest in the South Africa Turkey Double Tax Convention are as follows

Article 4: Resident Paragraph 3 The rule for resolving dual residence provides that where place of effective management and legal head office of a company are in two States, the competent authorities must resolve the dispute by mutual agreement.

Article 5: Permanent Establishment Construction 12 months in OECD Model 6 months in UN Model 12 months in South Africa Turkey DTA Independent Services are dealt with under Article 14

Article 10: Dividends Withholding tax of 5% or 15% proposed by OECD. In practice, withholding taxes vary widely. Dividend rate in South Africa Turkey DTC 5% if shareholding is at least 25% 10% on all other dividends Paragraph 3 deals with the Turkish Branch Profits Tax and limits it to 10%

Articles 11: Interest Withholding tax of 10% proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa Turkey DTA: 10%

Article 12: Royalties No withholding tax proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa Turkey DTA: Royalties: 10%

Article 13: Capital Gains Source State retains a taxing right for Capital Gains Tax if an asset (not dealt with in the other paragraphs) is sold within a year of acquisition.

Article 18: Pensions Paragraph 2 Payments under a social security system are taxable only in the State which pays the pension.

Article 20: Teachers and Students Paragraph 2 Teachers visit less than 2 years remuneration from outside exempt.

South Africa Gabon Double Taxation Agreement

Introduction Closely follows the OECD Model Convention, which forms the foundation for the vast majority of Double Taxation Agreements (DTA s) worldwide A number of articles are different from the OECD Model Convention. These articles and other articles of interest in the South Africa Gabon Double Tax Convention are as follows

Article 5: Permanent Establishment Construction 12 months in OECD Model 6 months in UN Model South Africa Gabon DTA Construction: 6 months Services through employees: 6 months Independent personal services: 6 months

Article 6: Income from Immovable Property Paragraph 4 Deals with situation where share ownership entitles owner to enjoyment of immovable property owned by the company. It specifies that the value of the enjoyment may be taxed where the property is situated.

Article 10: Dividends Withholding tax of 5% or 15% proposed by OECD Model In practice, withholding taxes vary widely internationally Dividend rate in South Africa Gabon DT Convention 5% if shareholding at least 25% 15% on all others

Articles 11: Interest Withholding tax of 10% proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa Gabon DTA: 10%

Article 12: Royalties No withholding tax proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa Gabon DTA: Royalties: 10%

South Africa DRC Double Taxation Agreement

Introduction Closely follows the OECD Model Convention, which forms the foundation for the vast majority of Double Taxation Agreements (DTA s) worldwide A number of articles are different from the OECD Model Convention. These articles and other articles of interest in the South Africa DRC Double Tax Convention are as follows

Article 5: Permanent Establishment Construction 12 months in OECD Model 6 months in UN Model South Africa DRC DTA Construction: 6 months Services through employees: 183 days Independent personal services: 183 days

Article 7: Business Profits Paragraph 3 uses the UN wording but the interpretation is the same.

Article 8: International Transport International traffic includes rail and road transport.

Article 10: Dividends Withholding tax of 5% or 15% proposed by OECD Model In practice, withholding taxes vary widely internationally Dividend rate in South Africa DRC DT Convention 5% if shareholding at least 25% 15% on all others

Articles 11: Interest Withholding tax of 10% proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa DRC: 10%

Article 12: Royalties No withholding tax proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa DRC: Royalties: 10%

Article 17: Pension and Annuities Pensions paid under a social security system are taxable only in the State which pays the pension.

Article 22: Non-discrimination Paragraph 6 specifies that the Congo s Branch Profits Tax and our tax on foreign branches is not discriminatory.