DOCSLIB.ORG

U.S. Owners of Foreign Corporations Face New Hurdles

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
U.S. Owners of Foreign Corporations Face New Hurdles FEATURE: INTERNATIONAL PRACTICE By Carl A. Merino & James Murray U.S. Owners of Foreign Corporations Face New Hurdles The innocent found GILTI he Tax Cuts and Jobs Act of 2017 (TCJA) had a toward balancing U.S. and foreign tax considerations. As dramatic impact on U.S. owners of closely held the examples below illustrate, planning options depend T foreign corporations. TCJA overhauled many greatly on a taxpayer’s circumstances. For example, some international provisions of the Internal Revenue Code, options that may work for a U.S. citizen or resident living but few areas saw as many changes as the controlled for- in the United States may not be viable for a U.S. citizen eign corporation (CFC) rules. These changes were part living abroad who’s a tax resident of another country. of a broader constellation of provisions targeted at U.S. There’s no “one size fits all” approach that will work for multinational corporations that were intended to reduce everyone. incentives for U.S. companies to shift earnings overseas without putting U.S. companies doing business abroad Overview of CFC Rules at a competitive disadvantage. These provisions gener- U.S. shareholder and CFC status. A foreign corpo- ally operate to force the taxable repatriation of earnings ration is a CFC if it’s owned more than 50 percent (by from foreign subsidiaries (whether or not such earnings vote or value) by “U.S. shareholders.”1 A U.S. person is are actually distributed), but at reduced tax rates. a U.S. shareholder with respect to a CFC if he owns at U.S. citizens and residents who own stock in closely least 10 percent of the CFC’s stock (again, by vote or held foreign corporations—particularly those subject value).2 For purposes of this test, a U.S. person may be to the CFC rules—have been greatly impacted by these treated as owning shares held by U.S. family members: changes. In many respects, they’re treated more harshly spouses, parents, grandparents and children. There’s than the multinational corporations these rules targeted. also attribution—subject to certain limitations—from This has forced a re-examination of many existing struc- corporations, partnerships or trusts to shareholders, tures, including outbound planning structures for U.S. partners and beneficiaries (and vice versa).3 There’s no persons and even certain inbound planning structures family attribution from siblings or from family members set up by non-U.S. investors. who are nonresident aliens.4 Following is an overview of key changes to the CFC Phantom income inclusions. If a foreign corpora- rules, with a focus on the new tax regime for global tion is a CFC, then U.S. shareholders of the CFC who intangible low-taxed income (GILTI) and how it affects own their shares directly or indirectly through foreign individual U.S. shareholders of CFCs. We consider the entities on the last day of the CFC’s taxable year may be potential for phantom income and double taxation, as taxed currently on the “subpart F” income of the CFC well as a number of mitigation strategies, with an eye (that is, as phantom income) based on their propor- tionate interests, even if no earnings are distributed.5 Further, certain U.S. investments by a CFC can cause Carl A. Merino, left, is counsel at Day Pitney LLP in earnings that weren’t previously taxable in the United New York City, and James States to be carried out to the U.S. shareholders in the Murray is director at Frank same manner as subpart F income.6 Subpart F income Hirth in London inclusions generally are limited to current year earnings and profits of the CFC (subject to a recapture rule).7 Phantom income inclusions triggered by an investment 23 / TRUSTS & ESTATES / trustsandestates.com / APRIL 2019 FEATURE: INTERNATIONAL PRACTICE in U.S. property can pull up accumulated earnings and (or the interest in the intermediate entity that owns the profits from prior years.8 CFC), reducing gains on future sales or redemptions.13 “Traditional” subpart F income includes most types of passive investment income and certain types of relat- Changes to CFC Rules Under TCJA ed party sales and services income but doesn’t include TCJA introduced several key changes to the CFC rules, most types of active business income from an operating which have had the effect of broadening the reach of the company. However, TCJA broadened the categories of CFC regime, both by pulling more foreign corporations CFC income subject to phantom income inclusions and U.S. taxpayers into the net and by expanding the under the new GILTI regime to include most types of types of foreign income subject to current U.S. taxation: 1. Elimination of voting control requirement. 2. Modification of attribution rules. The basic measure of GILTI is the 3. Elimination of requirement that corporation be a CFC for 30 consecutive days in a taxable year for excess of a U.S. shareholder’s “net there to be a phantom income inclusion. 4. Transition tax on deferred foreign income of “speci- CFC tested income” over the “net fied foreign corporations” (including CFCs). 5. The GILTI tax, which dramatically expands the types deemed tangible income return.” of income of a CFC that are currently includible in a U.S. shareholder’s gross income. active business income.9 Thus, even CFCs that earn Each of these changes is discussed in more detail primarily operating income from an active trade or below: business can generate significant amounts of phantom Elimination of voting control requirement. Until income for U.S. shareholders. TCJA went into effect, a U.S. person wasn’t considered If a foreign corporation is a CFC for only a portion of a U.S. shareholder for purposes of the CFC rules unless its taxable year—for example, because a shift in benefi- he owned at least 10 percent of the corporation’s vot- cial ownership triggers CFC status midyear—then only ing stock. However, TCJA eliminated the voting stock a fraction of the total subpart F income for that year is requirement.14 Taxpayers will no longer be able to avoid taxable to the U.S. shareholders. The inclusion amount U.S. shareholder status or prevent a foreign corpora- is the fraction of the total subpart F income recognized tion from becoming a CFC by holding only nonvoting by the corporation during its taxable year (including stock and concentrating ownership of the voting stock income recognized before it became a CFC) determined in the hands of non-U.S. shareholders. This provision by dividing the number of days of CFC status by the total was aimed at so-called “de control” transactions used number of days in the corporation’s taxable year.10 A by multinational groups to avoid the CFC rules, but it similar fractional inclusion rule applies for purposes of also impacts many family-owned businesses that until determining the portion of CFC-level items that factor now were able to avoid CFC status by concentrating the into the calculation of a U.S. shareholder’s GILTI inclu- voting stock in the hands of non-U.S. family members. sion.11 In both cases, there’s no “closing of the books” Modification of attribution rules. TCJA also modi- when a foreign corporation becomes a CFC midyear. fied the attribution rules to allow downward attribution Once earnings are taxed either as subpart F income or from non-U.S. shareholders, partners and beneficiaries GILTI, they’re tracked as “previously taxed earnings and to U.S. corporations, partnerships and trusts.15 As a profits.” Subject to certain exceptions, these previously result of these changes, ownership of U.S. and foreign taxed earnings aren’t taxed a second time when they’re brother-sister subsidiaries by a common foreign parent distributed by the CFC.12 Additionally, amounts includ- corporation that isn’t itself a CFC can cause the foreign ed in subpart F income or GILTI generally are added subsidiaries to become CFCs due to attribution of own- to the U.S. shareholder’s basis in the stock of the CFC ership of the foreign subsidiaries from the foreign parent 24 / TRUSTS & ESTATES / trustsandestates.com / APRIL 2019 FEATURE: INTERNATIONAL PRACTICE down to the U.S. subsidiaries, even though the U.S. sub- from 9 percent to 17.5 percent. In many cases, U.S. sidiaries have no direct or indirect stock ownership in shareholders were taxed on earnings accrued by the cor- the foreign subsidiaries. This can expose U.S. owners of poration before they became shareholders of the CFC. the foreign parent, who didn’t previously have to worry The transition tax is payable in installments over about the CFC rules, to phantom income inclusions an 8-year period if an election was timely filed.21 from the foreign subsidiaries.16 This situation also can Additionally, as confirmed by the IRS in guidance issued arise with foreign investment fund structures, including last December, amounts subject to the transition tax many family-owned investment structures, when U.S. will be treated as previously taxed earnings and profits, and non-U.S. companies are held under the same off- meaning that subsequent distributions of such income shore fund umbrella. Elimination of the 30-day rule. Under prior law, a foreign corporation had to be a CFC for an uninterrupt- ed period of at least 30 days or more during a taxable TCJA created two new foreign tax year before there was a subpart F income inclusion for the U.S. shareholders. However, the 30-day requirement credit baskets—one for GILTI and was eliminated from the Internal Revenue Code.
Load more

Recommended publications
  • Owens: the Foreign Tax Credit
    REVIEWS THE FoREIGN TAx CREDIT. By Elizabeth A. Owens. Cambridge: The Law School of Harvard University, 1961. Pp. xxxi, 634. $20.00. THE foreign tax credit provisions of the Internal Revenue Code embody United States policy toward the taxation of the foreign source income of do- mestic taxpayers. By allowing credit for foreign income taxes paid, or con- sidered paid, by domestic corporations, citizens and residents, the United States asserts only a secondary claim to the foreign source income of such taxpayers. In other words, foreign governments are regarded as having the primary right to tax income arising from sources within their borders up to the burden im- posed by the United States. The foreign tax credit device thereby serves the dual purpose of eliminating double taxation and of maintaining tax equality between domestic taxpayers with only domestic source income and those with foreign source income. The credit system, however, does not work perfectly in all instances; the statutory provisions contained in five sections of the Code ' have been subject to considerable controversy and many unanswered questions remain. These questions of law and policy are the main concern of The Foreign Tax Credit. The scope of the work may be considered from a number of viewpoints. In the first place, it may be considered from the standpoint of how fully the prob- lems of the foreign tax credit have been developed. Second, the scope of the treatment of important collateral areas may be appraised. Third, the book may be examined in terms of the depth of its analysis of common as well as the heretofore neglected problems.
    [Show full text]
  • Chapter 5 Foreign Tax Credit P.302 Structural Tax Options for an Outbound U.S
    Chapter 5 Foreign Tax Credit p.302 Structural tax options for an outbound U.S. enterprise in (1) foreign destination country and (2) any conduit country: 1) Branch (e.g., a disregarded entity) - current U.S. income taxation on profits & loss deduction availability in the U.S. 2) Foreign corporate subsidiary - income tax deferral of U.S. income tax & no possible U.S. loss utilization Is the entity decision controlled by (1) tax planning or (2) non-tax business considerations? 4/9/2013 (c) William P. Streng 1 Mitigating Possible Double National Level Taxation Possible double taxation exposure exists (1) since the U.S. income tax is imposed on a worldwide basis & (2) assuming foreign country income tax. Options for unilateral relief (as provided by U.S.): 1) a tax deduction for the foreign tax paid (not completely eliminating double taxation) 2) a (limited) credit for the foreign tax paid (primarily used by U.S.); limited to offsetting U.S. tax on taxpayer’s foreign income. 3) exemption under a territorial system (only 4/9/2013source country taxation)(c) William P. Strengand not in U.S. 2 Bilateral (i.e., Income Tax Treaty) Relief p.306 Double tax relief accomplished under a U.S. bilateral income tax treaty. See U.S. Model, Article 23 (2006). - possible shifting of the primary income tax liability from source location to residence jurisdiction. - but, a U.S. income tax treaty does include a “savings clause” - enabling the continuing worldwide tax jurisdiction of U.S. citizens, residents or corporations. 4/9/2013 (c) William P.
    [Show full text]
  • Illinois Department of Revenue Regulations Title 86 Part 100 Section 2197 FOREIGN TAX CREDIT
    Illinois Department of Revenue Regulations Title 86 Part 100 Section 2197 FOREIGN TAX CREDIT (IITA SECTION 601 (b)(3)) TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE PART 100 Income Tax Section 100.2197 Foreign Tax Credit (IITA Section 601(b)(3)) a) IITA Section 601(b)(3) provides that the aggregate amount of tax which is imposed upon or measured by income and which is paid by a resident for a taxable year to another state or states on income which is also subject to the tax imposed by IITA Section 201(a) and (b) shall be credited against the tax imposed by IITA Section 201(a) and (b) otherwise due under the IITA for that taxable year. (IITA Section 601(b)(3)) b) Definitions applicable to this Section. 1) Tax qualifying for the credit. A tax qualifies for the credit only if it is imposed upon or measured by income and is paid by an Illinois resident to another state on income which is also subject to Illinois income tax. A) A tax "imposed upon or measured by income" shall mean an income tax or tax on profits imposed by a state and deductible under IRC section 164(a)(3). The term shall not include penalties or interest imposed with respect to the tax. B) A tax is "paid by an Illinois resident" to another state "on income which is also subject to Illinois income tax" only to the extent the income included in the tax base of the other state is also included in base income computed under IITA Section 203 during a period in which the taxpayer is an Illinois resident.
    [Show full text]
  • The Notion of Tax and the Elimination of International Double Taxation Or Double Non-Taxation”
    IFA 2016 MADRID CONGRESS “The notion of tax and the elimination of international double taxation or double non-taxation” Luxembourg national report Branch reporters: Chiara Bardini*, Sandra Fernandes** Summary and conclusions The concept of tax under Luxembourg domestic law is based on the basic distinction between compulsory levies that qualify as taxes (“impôts”) and other compulsory levies, such as fees (“taxes”). In general, the term tax can be defined as a compulsory monetary levy imposed by public authorities on the taxpayers in order to mainly raise revenue for which nothing is received in return. In Luxembourg, taxes can only be raised by the Luxembourg State and the municipalities in accordance with the principles of legality, equality and annuality. The Luxembourg tax system relies on the basic distinction between direct and indirect taxes. The Luxembourg direct taxes are levied on items of income and of capital. The main Luxembourg income taxes are the individual income tax, the corporate income tax and the municipal business tax. The net wealth tax, the real estate tax and the subscription tax are the most important Luxembourg taxes levied on items of capital. The Luxembourg notion of “tax” is crucial for the purpose of granting the domestic unilateral foreign tax credit, of applying the domestic participation exemption regime. As a rule, a foreign levy only qualifies for the purpose of such domestic provisions provided that such foreign levy is an income tax and that its main features are comparable to the Luxembourg income tax (i.e. a national income tax imposed on a similar taxable base.
    [Show full text]
  • Tax Implications of Foreign Direct Investment in U.S. Farmland
    Division of Agricultural Sciences U~IVERSITY OF C,\LIFOfu~IA 1_University ofCalifornia, Berkeley. ~ept. ofagricultural and resource economicsJ . ~orkirli\ Paper No, CO9J Working Paper No. 88 TAX IHPLICATIONS OF FOREIGN DlRECT INVESTNEl'I"T IN U. S. FARNLAND by Gordon C. Rausser, Andrew Schmitz, and Rowley Warner AUG 7 1980 California Agricultural Experiment Station Giannini Foundation cf Agricultural Economics .July 1980 TAX IMPLICATIONS OF FOREIGN DIRECT INVESTMENT IN U. S. FARMLAND Gordon C. Rausser, Andrew Schmitz, and Rowley Warner* Gordon C. Rausser is professor and chairman and Andrew Schmitz is a professor in the Department of Agricultural and Resource Economics, University of California, Berkelely; Rowley Warner is a Certified Public Accountant with Frederiksen and Company, San Francisco, California. Foreign direct investment in U. S. farmland has become a controversial subject. Several states have passed legislation which limits or prohibits nonresident aliens from purchasing farmland. At the national level, Congress requested the General Accounting Office to determine how much of U. S. farmland is cont- rolled by foreigners. The fact that there is opposition to ownership of farmland by non-U. S. residents is interesting, especially since the Uni ted States once encouraged such ownership. In 1791 Alexander Hamilton said: "Instead of being viewed as a riyal (foreign investment) ought to be considered as a most valued auxiliary, conducing to put in motion a greater quality of production labor, a greater portion 2. of useful enterprise, than could exist without.· l The press has publicized many of the larger farmland transactions often giving the impres- sion that the alien land-purchase phenomenon has reached crisis proportions.
    [Show full text]
  • Proposed Changes in Federal Income Tax Credits for Foreign Oil and Gas Payments John L
    Case Western Reserve Journal of International Law Volume 12 | Issue 1 1980 Proposed Changes in Federal Income Tax Credits for Foreign Oil and Gas Payments John L. Kramer Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation John L. Kramer, Proposed Changes in Federal Income Tax Credits for Foreign Oil and Gas Payments, 12 Case W. Res. J. Int'l L. 97 (1980) Available at: https://scholarlycommons.law.case.edu/jil/vol12/iss1/6 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Volume 12, Number 1, Winter 1980 Proposed Changes in Federal Income Tax Credits for Foreign Oil and Gas Payments by John L. Kramer* I. INTRODUCTION Q ECTION 901(a) OF the Internal Revenue Code" permits a taxpayer to claim a tax credit for income, war profits, and excess profits taxes paid or accrued to foreign countries or United States possessions. Pay- ments made to a foreign government in the form of a royalty, or a sepa- rate charge for a service or a benefit, can only be claimed as a deduction in determining the taxpayer's taxable income.2 The foreign tax credit per- mits a U.S. taxpayer to pay a net U.S. tax liability on his overseas activi- ties equal to the difference between his gross U.S.
    [Show full text]
  • Foreign Tax Credits
    September–October 2008 Foreign Tax Credits By James A. Riedy The Evolving Technical Taxpayer and Voluntary Payment Rules here are three basic questions under Code Sec. 901 when addressing the treatment of a Tforeign levy: 1. Is the foreign levy an income tax? 2. Who is legally liable for the foreign income tax under foreign law? 3. Did the taxpayer pay more income tax than re- quired under foreign law? For years, the debate in the foreign tax credit area was usually over whether a foreign tax was an income tax. Putting aside the enactment of the fl at tax in Mexico1 and the cash deposit tax in Mexico,2 recently there have not been many interesting foreign levies to discuss. On the other hand, recent changes relat- ing to the technical taxpayer rule and the voluntary payment rule have exposed taxpayers to new chal- lenges. Set forth below is (1) a summary of the Code Sec. 901 voluntary payment rule, and (2) a recap of three developments relating to that rule that impact the technical taxpayer rule. Voluntary Payment Rule Under the voluntary payment or noncompulsory pay- ment rule, an amount of foreign income tax paid to a foreign government is not treated as an income tax for U.S. foreign tax credit purposes.3 Since such a pay- ment is not viewed as an income tax, no foreign tax James A. Riedy is a Partner in the Tax credit is allowed for the payment, although a deduc- Department of McDermott, Will & tion may be obtained for the payment.
    [Show full text]
  • The U.S. As Tax Haven? Aiding Developing Countries by Revoking the Revenue Rule
    The U.S. as Tax Haven? Aiding Developing Countries by Revoking the Revenue Rule Samuel D. Brunson* Abstract Over the years, many OECD countries, including the United States, have identified tax havens as a significant problem, and have acted to limit the ability of their taxpayers to use tax havens to reduce their taxes. The United States has implemented tax regimes, including subpart F and the passive foreign investment company rules, and disclosure regimes, such as the recently-enacted FATCA rules, to prevent U.S. taxpayers from taking advantage of tax haven jurisdictions. But the intersection of a number of U.S. tax rules, it turns out, makes the United States an attractive place for foreigners to invest—and hide—their money. Principal among these is the revenue rule, an eighteenth-century common law rule that prevents the United States from recognizing and enforcing foreign tax judgments. As a result, if a foreign taxpayer hides money in the United States and fails to pay taxes at home, her government has no recourse to satisfy the tax debt with the taxpayer’s U.S. assets. Such hidden money disparately impacts developing countries by reducing their ability to finance government through developing tax infrastructure, and instead forcing them to remain dependent on foreign aid. The revenue rule stands in stark contrast to the general default rule that U.S. courts will enforce foreign final judgments. But the revenue rule is not grounded in any compelling policy considerations. Moreover, to the extent that the U.S. revokes the revenue rule, not only will the U.S.
    [Show full text]
  • Corporate Foreign Tax Credit, 00
    Corporate Foreign Tax Credit, 00 Data Release or 2002, corporations filing a U.S. tax return ending between July 2002 and June 2003. These claimed $42.4 billion in foreign tax credits. The returns were selected after administrative processing F foreign tax credit enabled these corporations but prior to any amendments or audit examination. to reduce their U.S. tax liability by 34.9 percent, The 2002 corporation income tax return sample in- from $121.5 billion to $79.1 billion. In percentage cluded approximately 138,000 returns sampled from terms, this represents the largest share of foreign tax over 5.3 million active corporate returns filed for this credits claimed against U.S. taxes since 1990 [1]. period. The corporate tax return forms included in Additional credits, including the general business this sample were Forms 1120, 1120-L, 1120-F, 1120- credit and the U.S. possessions tax credit, further PC, and 1120-REIT. reduced total U.S. tax to $70.3 billion. The foreign tax credit is provided under section The 4,767 corporations claiming foreign tax 901 of the Internal Revenue Code. Corporations re- credits for 2002 earned $343.9 billion of worldwide port the foreign income and taxes related to the credit taxable income and paid $121.5 billion in world- on Form 1118, Computation of Foreign Tax Credit-- wide income taxes. Of these amounts, 46.8 percent Corporations, filed with their income tax returns. ($160.9 million) of the income and 34.1 percent The statistics in this data release are based on infor- ($41.5 million) of the taxes were derived from for- mation reported on Forms 1118 and related corporate eign-sources.
    [Show full text]
  • United States Tax Alert the International Tax Provisions of the Tax Cuts and Jobs Act
    International Tax | 6 November 2017 United States Tax Alert The international tax provisions of the Tax Cuts and Jobs Act On November 2, 2017, Kevin Brady (R-TX), Chairman of the House Ways and Means Committee, unveiled his opening bid on comprehensive tax reform - the Tax Cuts and Jobs Act, H.R. 1 (the "Bill"). With respect to the International rules, the Bill would: • Enact a 100% deduction for dividends received from 10% or greater owned foreign subsidiaries after 2017, and tax (at up to 5% or 12%) foreign earnings that were still deferred as of those subsidiaries' last tax years ending before 2018 • Tax on a current basis half of a US shareholder's controlled foreign corporations’ (CFCs') "foreign high return amounts," attributable to CFC tax years beginning after 2017 • Cap interest deductions, in tax years beginning after 2017, by reference to the lesser of: o 30% of adjusted taxable income, or o 110% of financial reporting group net interest expense multiplied by the ratio of US EBITDA to group EBITDA. • Enact a excise tax and impose a 20% excise tax on amounts paid or incurred after 2018 by a domestic corporation to foreign corporate members of the payor's financial reporting group Background Congressional leaders and the Administration hope to enact the Bill before the 2018 election; ideally, before the end of December. Together with the Joint Committee on Taxation’s description of the Bill (the “JCT Description”), and the Ways and Means Committee’s section-by-section summary, there now are over 100 pages of statutory language to replace the three-paragraph description of “territorial taxation of global American companies” and “stopping corporations from shipping jobs and capital overseas” that appeared in October’s “Unified Framework” for tax reform.
    [Show full text]
  • IRS Tax Tips on Foreign Earned Income
    IRS Tax Tips on Foreign Earned Income If you are living and working abroad you may be entitled to the Foreign Earned Income Exclusion. Here are five important facts from the IRS about the exclusion: 1. The Foreign Earned Income Exclusion United States Citizens and resident aliens who live and work abroad may be able to exclude all or part of their foreign salary or wages from their income when filing their U.S. federal tax return. They may also qualify to exclude compensation for their personal services or certain foreign housing costs. 2. The General Rules To qualify for the foreign earned income exclusion, a U.S. citizen or resident alien must have a tax home in a foreign country and income received for working in a foreign country, otherwise known as foreign earned income. The taxpayer must also meet one of two tests: the bona fide residence test or the physical presence test. 3. The Exclusion Amount The foreign earned income exclusion is adjusted annually for inflation. For 2012, the maximum exclusion is up to $95,100 per qualifying person. See IRS Foreign Earned Income Exclusion for more detailed information. 4. Claiming the Exclusion The foreign earned income exclusion and the foreign housing exclusion or deductions are claimed using Form 2555, Foreign Earned Income, which should be attached to the taxpayer’s Form 1040. A shorter Form 2555-EZ, Foreign Earned Income Exclusion, is available to certain taxpayers claiming only the foreign income exclusion. 5. Taking Other Credits or Deductions Once the foreign earned income exclusion is chosen, a foreign tax credit or deduction for taxes cannot be claimed on the excluded income.
    [Show full text]
  • Chapter 11 Tax System
    Chapter 11 Tax System www.pwc.com/mt/doingbusiness Doing Business in Malta Principal taxes The principal taxes under Maltese law are: Social security contributions are payable by employees and • Income tax, which includes tax on income and on their employers and by self-occupied and self-employed capital gains of individuals, companies and other persons. There is no tax on capital, other than stamp duty entities and there are no local taxes. A final withholding tax applies • Value Added Tax in respect of transfers of immovable property situated in • Duty on documents and other transfers (stamp Malta (ref. chapter 12 for further details). However, in duty), including tax on the inheritance of property certain cases the taxpayer may elect not to be taxed at and shares the final withholding tax but be subjected to the normal • Customs duty charge to income tax at the rates applicable to the particular • Excise tax taxpayer. Other taxes include the eco-contribution, motor vehicle The government revenue from taxation during 2015 registration tax, the oil bunkering tax and a number of amounted to €2,961 million and was spread as follows: licence and registration fees. Percentage of total tax revenue Income tax (€1,253 million) 42.3 Value Added Tax (€684 million) 23.1 Customs and Excise (€453 million) 15.3 Social Security contributions (€504 million) 17.0 Others (€67 million) 2.3 Income Tax The laws regulating income tax are the Income Tax Act and the Income Tax Management Act. Subsidiary legislation under these laws includes rules on capital allowances, the final settlement system (FSS), provisional tax, fringe benefits and capital gains.
    [Show full text]