Important Notice the Depository Trust Company
Total Page:16
File Type:pdf, Size:1020Kb
Important Notice The Depository Trust Company B #: 1165-15 Date: August 11, 2015 To: All Participants Category: Dividends From: International Services Attention: Operations, Reorg & Dividend Managers, Partners & Cashiers Tax Relief - Country: The Philippines Subject: Philippine Long Distance Telephone Company CUSIP: 718252604 Record Date: 08/26/15 Payable Date: 10/5/15 EDS Cut-Off Date: 8/31/15 8.00 PM (EST) Participants can use DTC’s Corporate Actions Web (CA Web) service to certify all or a portion of their position entitled to the applicable withholding tax rate. Participants are urged to consult TaxInfo respectively before certifying their instructions over the CA Web. Important: Prior to certifying tax withholding instructions, participants are urged to read, understand and comply with the information in the Legal Conditions category found on TaxInfo on the CA Web. Questions regarding this Important Notice may be directed to GlobeTax 212-747-9100. Important Legal Information: The Depository Trust Company (“DTC”) does not represent or warrant the accuracy, adequacy, timeliness, completeness or fitness for any particular purpose of the information contained in this communication, which is based in part on information obtained from third parties and not independently verified by DTC and which is provided as is. The information contained in this communication is not intended to be a substitute for obtaining tax advice from an appropriate professional advisor. In providing this communication, DTC shall not be liable for (1) any loss resulting directly or indirectly from mistakes, errors, omissions, interruptions, delays or defects in such communication, unless caused directly by gross negligence or willful misconduct on the part of DTC, and (2) any special, consequential, exemplary, incidental or punitive damages. To ensure compliance with Internal Revenue Service Circular 230, you are hereby notified that: (a) any discussion of federal tax issues contained or referred to herein is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code; and (b) as a matter of policy, DTC does not provide tax, legal or accounting advice and accordingly, you should consult your own tax, legal and accounting advisor before engaging in any transaction. DTCC offers enhanced access to all important notices via a Web-based subscription service. The notification system leverages RSS Newsfeeds, providing significant benefits including real-time updates and customizable delivery. To learn more and to set up your own DTCC RSS alerts, visit http://www.dtcc.com/subscription_form.php. Non-Confidential 1 Philippine Long Distance Telephone Company has announced a dividend. J.P. DIVIDEND EVENT DETAILS Morgan Chase acts as Depositary for the COUNTRY OF ISSUANCE PHILIPPINES company’s American Depositary Receipt (“ADR”) program. PHILIPPINE LONG ISSUE DISTANCE TELEPHONE COMPANY Participants can use DTC’s Corporate Actions Web browser (CA Web) or submit CUSIP# 718252604 an ISO 20022 instruction message to DEPOSITARY J.P. MORGAN CHASE certify all or a portion of their position entitled to the applicable withholding tax ADR RECORD DATE AUGUST 26, 2015 rate. Note: Some events types are not ADR PAY DATE OCTOBER 5, 2015 eligible to be instructed by ISO 20022 ADR GROSS DIVIDEND TBA message. Use of these instruction RATE ON PAY DATE methods will permit entitlement amounts to ORD GROSS DIVIDEND be paid through DTC. By electing, PHP 65.00 RATE ON PAY DATE Participants agree to the Agreements, Representations and Indemnification RATIO 1 ORD : 1 ADR below. STATUTORY WHT RATE 30% On ADR Pay Date, all holders will receive this dividend net of the Philippine statutory withholding tax of 30% with the possibility to reduce this withholding tax as outlined in the Eligibility Matrix below: FEES & DEADLINES FINAL DEPOSITARY PAYMENT CUSTODIAL CONSULARIZATION SUBMISSION FILING METHOD BATCH SERVICE METHOD FEE SERVICE CHARGE DEADLINE CHARGE (ALL TIMES EST) PAYMENT AUGUST 31, RELIEF AT SOURCE ON PAY EDS UP TO $0.01* $0 $0 2015 DATE 8:00 P.M. QUICK REFUND AUGUST 31, NON-EDS UP TO $150 (CONSULARIZATION CHECK UP TO $0.01* 2015 PROCESS $175.00 SERVICES 8:00 P.M. REQUESTED) QUICK REFUND SEPTEMBER 1, NON-EDS UP TO (CONSULARIZATION CHECK UP TO $0.01* $0 2015 PROCESS $175.00 SERVICES NOT 8:00 P.M. REQUESTED) * $0.005 per Regular dividend + $0.005 per Special dividend (if applicable) RELIEF-AT-SOURCE (CA Web) ELIGIBILITY MATRIX RECLAIM RATE DESCRIPTION ELIGIBLE RESIDENTS DOCUMENTATION REQUIRED RATE - NON-INDIVIDUALS (e.g. CORPORATIONS, TRUSTS, PENSIONS, CHARITIES) UNFAVORABLE - 30% 0% NO DOCUMENTATION REQUIRED - NON-TREATY ELIGIBLE ENTITIES - INDIVIDUALS WHO ARE NOT CLAIMING TREATY BENEFITS 1) COVER LETTER – APPENDIX A FAVORABLE - 25% 5% VIA THE QUICK REFUND (ESP GENERATED) PROCESS QUICK REFUND ELIGIBILITY MATRIX RECLAIM RATE DESCRIPTION ELIGIBLE RESIDENTS DOCUMENTATION REQUIRED RATE CHILE, FINLAND, MYANMAR, UNFAVORABLE - 30% 0% THAILAND, AND ALL OTHER NO DOCUMENTATION REQUIRED COUNTRIES NOT LISTED BELOW 1) COVER LETTER (APPENDIX A) 2) CERTIFICATE OF RESIDENCY (*IRS FORM 6166) DATED 2015 AUSTRALIA, AUSTRIA, CANADA, 3) ARTICLES OF INCORPORATION FAVORABLE - 25% KOREA, NORWAY, PAKISTAN, 5% (OR EQUIVALENT) TAX TREATY SINGAPORE, UNITED KINGDOM, 4) SPECIAL POWER OF ATTORNEY UNITED STATES* (APPENDIX B) 5) LIMITED POWER OF ATTORNEY FOR GLOBETAX (APPENDIX C) 1 1) COVER LETTER (APPENDIX A) 2) CERTIFICATE OF RESIDENCY DATED 2015 3) ARTICLES OF INCORPORATION FAVORABLE - 20% (OR EQUIVALENT) 10% HUNGARY, INDIA, INDONESIA TAX TREATY 4) SPECIAL POWER OF ATTORNEY (APPENDIX B) 5) LIMITED POWER OF ATTORNEY FOR GLOBETAX (APPENDIX C) 1 BAHRAIN, BANGLADESH, BELGIUM, 1) COVER LETTER (APPENDIX A) BRAZIL, CZECH REPUBLIC, CHINA, 2) CERTIFICATE OF RESIDENCY DATED 2015 DENMARK, FRANCE, GERMANY, 3) ARTICLES OF INCORPORATION ISRAEL, ITALY, JAPAN, KUWAIT, FAVORABLE - 15% (OR EQUIVALENT) 15% MALAYSIA, NETHERLANDS, NEW TAX TREATY 4) SPECIAL POWER OF ATTORNEY ZEALAND, NIGERIA, POLAND, (APPENDIX B) ROMANIA, RUSSIA, SPAIN, SWEDEN, 5) LIMITED POWER OF ATTORNEY FOR SWITZERLAND, UNITED ARAB GLOBETAX (APPENDIX C) 1 EMIRATES, VIETNAM 1) COVER LETTER (APPENDIX A) BAHAMAS, BERMUDA, BRITISH 2) CERTIFICATE OF RESIDENCY DATED 2015 VIRGIN ISLANDS, CAYMAN ISLANDS, 3) ARTICLES OF INCORPORATION FAVORABLE - 15% CYPRUS, HONG KONG, 15% (OR EQUIVALENT) TAX SPARING ** LUXEMBOURG, MAURITIUS, 4) PROOF OF TAX TREATMENT FOR VANUATU RESIDENTS DOMICILED IN TAX SPARING COUNTRY Note 1: Only required if consularization services are requested ** Beneficiaries who reside in a tax sparing country who received the favorable rate on a previous PLDT dividend can apply for this rate without sending new documentation; however you must submit the cover letter showing the beneficiary’s record date position. GLOBETAX CONSULARIZATION SERVICE For all non-individual entity types who wish to participate in the Philippines Tax Reclaim Process: GlobeTax has a service to facilitate the Philippines tax reclaim process of obtaining the Special Power of Attorney (SPoA). This process requires the client to sign the attached Limited Power of Attorney for GlobeTax - APPENDIX C to allow GlobeTax to execute the SPoA at Consulate General of the Philippines in NY. There will be an additional cost of USD $150.00 (notary, apostille, authentication, and processing) for this service. Appendix C must be printed on the beneficiary’s letter head, signed, and notarized. The notarized document must be received by GlobeTax by 05:00pm EST on Monday, August 31, 2015. Important: if this is used by a client domiciled outside of the United States, the notary section may be replaced by a witness (provided that the PoA in that fashion will be acceptable to whatever authority it is used with). At the very least, the client should have an original Certificate of Residency (or IRS form 6166) in-house today and be ready to sign the letter of authorization immediately. Please note that the process by GlobeTax will be handled on a best-effort basis and success is not guaranteed. JP Morgan Chase Bank N.A. is not liable for failure to secure the refund and any funds erroneously received shall be immediately returned to JP Morgan Chase Bank N.A., including any interest, additions to tax or penalties thereon. In addition, the Participant will agree to indemnify, defend, hold and save JP Morgan Chase Bank N.A., the Issuer and their respective affiliates, and the respective directors, offices, agents and employees of JP Morgan Chase Bank N.A. against any and all damages arising out of or relating to the information provided by the undersigned in, or in connection with this document. This is not tax advice. Please consult your tax advisor. Kindly be advised that GlobeTax will be unable to process claims received after the August 31, 2015 deadline. DESCRIPTION OF VARIOUS DOCUMENTATION – NEW CLAIMS SIGNATURE DOCUMENT NAME DESCRIPTION ORIGINAL / COPY REQUIREMENT IRS FORM 6166 A CERTIFICATE OF RESIDENCY ISSUED BY ORIGINAL IRS THE INTERNAL REVENUE SERVICE, STATING REPRESENTATIVE, THE NAME AND TAX PAYER IDENTIFICATION U.S. OFFICE OF NUMBER OF THE BENEFICIAL OWNER. IT AUTHENTICATIONS, MUST BE DATED THE TAX YEAR OF THE AND PHILIPPINES DIVIDEND. EMBASSY CERTIFICATE OF A GENERAL DOCUMENT ISSUED BY THE ORIGINAL LOCAL TAX RESIDENCY BENEFICIAL OWNER’S LOCAL TAX OFFICE, AUTHORITY, AND STATING THE NAME OF THE TAX PAYER AND PHILIPPINES CERTIFYING THE YEAR OF THE DIVIDEND. IT EMBASSY MUST BE DATED THE TAX YEAR OF THE DIVIDEND. IN ADDITION