withholding tax
Англо-русский экономический словарь .
Полезное
Смотреть что такое «withholding tax» в других словарях:
Withholding tax — is an amount withheld by the party making payment to another (payee) and paid to the taxation authorities. The amount the payer deducts may vary, depending on the nature of the product or service being paid for. The payee is assessed on the gross … Wikipedia
withholding tax — with·hold·ing tax n: a deduction (as from wages, fees, or dividends) levied at a source of income as advance payment on income tax Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. withholding tax … Law dictionary
withholding tax — withholding taxes N VAR A withholding tax is an amount of money that is taken in advance from someone s income, in order to pay some of the tax they will owe. [mainly AM] … English dictionary
withholding tax — ☆ withholding tax n. the amount of income tax withheld, as payment in advance, from employees wages or salaries … English World dictionary
withholding tax — A tax levied by a country of source on income paid, usually on dividends remitted to the home country of the firm operating in a foreign country. Bloomberg Financial Dictionary Tax deducted at source on the payment of dividends or interest.… … Financial and business terms
Withholding tax — A tax levied by a country of source on income paid, usually on dividends remitted to the home country of the firm operating in a foreign country. Tax levied on dividends paid abroad. The New York Times Financial Glossary * * * withholding tax… … Financial and business terms
withholding tax — noun income tax withheld from employees wages and paid directly to the government by the employer • Syn: ↑withholding • Derivationally related forms: ↑withhold (for: ↑withholding) • Hypernyms: ↑income tax … Useful english dictionary
withholding tax — UK [wɪðˈhəʊldɪŋ ˌtæks] / US [wɪðˈhoʊldɪŋ ˌtæks] noun [countable/uncountable] Word forms withholding tax : singular withholding tax plural withholding taxes part of a person s salary that an employer gives to the government as payment of that… … English dictionary
withholding tax — Tax deducted at source from dividends or other income paid to non residents of a country. If there is a double taxation agreement between the country in which the income is paid and the country in which the recipient is resident, the tax can be… … Accounting dictionary
withholding tax — Tax deducted at source from dividends or other income paid to non residents of a country. If there is a double taxation agreement between the country in which the income is paid and the country in which the recipient is resident, the tax can be… … Big dictionary of business and management
withholding tax — that part of an employee s tax liability withheld by the employer from wages or salary and paid directly to the government. Also called withholding. [1940 45] * * * … Universalium
Источник
Налог на репатриацию дохода
(Withholding Tax)
Это налог, который взимается с нерезидента при выплате полученного им дохода за рубеж. Уплата этого налога осуществляется резидентом (налоговым агентом), который непосредственно перечисляет доходы нерезиденту.
Перечень доходов, которые подлежат обложению налогом на репатриацию, в каждой стране свой. Чаще всего в этот список попадают дивиденды, проценты по кредитам и облигациям, роялти, аренда, фрахт.
В Налоговом Кодексе Украины он называется «Налог на прибыль от доходов, полученных нерезидентом с источником их происхождения из Украины». Ставка этого налога в Украине — 15% (6% для фрахта).
Перечень видов дохода, на которые распространяется налог на репатриацию:
- проценты, дисконтные доходы, уплачиваемые в интересах нерезидента, в том числе проценты по займам и долговым обязательствам, выпущенным (выданным) резидентом;
- дивиденды, выплачиваемые резидентом;
- роялти;
- фрахт и доходы от инжиниринга;
- лизинговая/арендная плата, уплачиваемая резидентами или постоянными представительствами в интересах нерезидента — лизингодателя/арендодателя по договорам оперативного лизинга/аренды;
- доходы от продажи недвижимого имущества, расположенного на территории Украины, которое принадлежит нерезиденту, в том числе имущества постоянного представительства нерезидента;
- прибыль от осуществления операций по торговле ценными бумагами, деривативами или другими корпоративными правами;
- доходы, полученные от осуществления совместной деятельности на территории Украины, доходы от осуществления долгосрочных контрактов на территории Украины;
- вознаграждение за осуществление нерезидентами или уполномоченными ими лицами культурной, образовательной, религиозной, спортивной, развлекательной деятельности на территории Украины;
- брокерское, комиссионное или агентское вознаграждение, полученное от резидентов или постоянных представительств других нерезидентов относительно брокерских, комиссионных или агентских услуг, предоставленных нерезидентом или его постоянным представительством на территории Украины в интересах резидентов;
- взносы и премии на страхование или перестрахование рисков в Украине (в том числе страхование рисков жизни) или страхование резидентов от рисков за пределами Украины;
- доходы, полученные от деятельности в сфере развлечений (кроме деятельности по проведению государственной денежной лотереи);
- доходы в виде благотворительных взносов и пожертвований в интересах нерезидентов;
- другие доходы от осуществления нерезидентом (постоянным представительством) хозяйственной деятельности на территории Украины, за исключением доходов в виде выручки или других видов компенсации стоимости товаров/выполненных работ/предоставленных услуг, переданных/выполненных/предоставленных резиденту от такого нерезидента (постоянного представительства), в том числе стоимости услуг по международной связи или международному информационному обеспечению.
Нередко суммы таких налогов компенсируются в стране получателя дохода.
Создавая схему минимизации налогов, нужно учитывать размер ставки этого налога в стране, где регистрируется компания-центр накопления прибыли. В идеале он должен быть нулевым.
Источник
Russian Federation
Corporate — Withholding taxes
Under the general provisions of the RTC, income earned by an FLE and not attributed to a PE in Russia is subject to WHT in Russia (to be withheld at source). WHT rates are as follows:
- 15% on dividends and income from participation in Russian enterprises with foreign investments.
- 10% on freight income.
- 20% on certain other income from Russian sources, including royalties and interest.
- 20% of revenue or 20% of the margin on capital gains (from the sale of immovable property in Russia or non-listed shares in Russian subsidiaries where the immovable property in Russia accounts for more than 50% of assets).
Taxation of margins (rather than gross income received from the types of sales listed above) may be applied only if expenses are properly documented.
Income of foreign organisations (not performing activities in Russia through a PE) from the sale of certain listed securities of Russian entities (and their derivatives) is not regarded as income derived from sources in Russia subject to WHT.
The list of exempt income (not subject to WHT) also includes: (i) interest payments on Russian government securities; (ii) interest payments on tradable bonds, issued in accordance with the laws of foreign countries; and (iii) payments made by Russian companies to finance coupons on Eurobonds issued by special purpose vehicles (SPVs) incorporated outside of Russia.
Tax should be withheld by the tax agent and paid to the Russian budget. WHT rates may be reduced under a relevant DTT, provisions of which may be applied based on confirmation of tax residency, which is to be provided by a foreign company to the Russian tax agent prior to the payment date (no advance permission from the Russian tax authorities is required) and also as long as general conditions are fulfilled (proof of beneficial ownership, etc.).
The Russian tax authorities recognise the terms of treaties concluded by the Union of Soviet Socialist Republics (USSR) until they are renegotiated by the Russian government. Furthermore, the list of effective tax treaties is continuously updated.
Russia has ratified amendments to DTTs with Cyprus and Luxembourg, and amendments to the DTT with Malta are expected to be ratified. The main points are increasing tax rates for dividends and interest. Maximum rate will be 15% both for dividends and interest, but there are some exemptions (5% and 0% rates will be applied in some cases). Tax rate for royalties will remain at 0% (5% with Malta). The amendments to the DTT with Cyprus apply from 1 January 2021. The amendments to the DTTs with Malta and Luxembourg will likely apply from 2022 (ratification process has not been completed). The ratification process of the protocol with Malta is also not completed. Application of new rates under the DTT with Malta in 2021 has to be clarified by the Ministry of Finance. In addition, Russia has announced about denunciation of the DTT with the Netherlands (but, in 2021, the DTT would still remain in force). Other DTTs with transit jurisdictions historically used for investments into Russia may also be revised.
Russia has ratified the MLI. Russia has chosen 71 DTTs, including DTTs with Austria, China, Cyprus, France, Hong Kong, Ireland, Latvia, Luxembourg, the Netherlands, Singapore, and the United Kingdom. When assessing the MLI’s applicability, it is necessary to consider whether the other party to the DTT has signed the Convention.
On 30 April 2020, Russia notified the OECD that it had completed its national procedures for implementing the MLI for 27 DTTs, and Russia notified about completing national procedures with 7 more jurisdictions on 26 November 2020. Consequently, the MLI may become effective as early as 1 January 2021 for 27 DTTs applying to all taxes and for 7 DTTs applying only to WHT. The MLI will be applied to these 7 DTTs for all taxes from 1 January 2022.
Russia expressed the intention to adhere to the strictest possible approach and impose the maximum limitations on providing tax benefits. However, the final approach depends on what choice the other party to a particular DTT makes.
Simplified Limitation of Benefits was the option selected by Russia, but most other countries selected Principle Purpose Test (PPT), thus, in most cases, Simplified Limitations of Benefits will not apply. Instead PPT will be applied in most cases; a treaty’s benefits shall not be granted if obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit.
Dividends: WHT reduced tax rate is applicable only if the period of holding the shares or interests of the company paying the dividends is equal to or exceeds 365 days (the existing participation criteria will remain in place).
Capital gains from transfer of shares or interests of entities deriving their value principally from real estate: These gains may be taxed at the jurisdiction of the real estate location if at any time during the 365 days preceding the transfer these shares or comparable interests derived more than 50% of their value from such real estate.
Eliminating double taxation: Russia selected tax deduction method, as it is now (the same as set out in most of the DTTs with Russia).
Concept of ‘beneficial ownership’
The concept of the actual owner of income (i.e. the ‘beneficial owner’) was introduced into Russian tax legislation by the so-called ‘Deoffshorisation’ Law. It determines the ability to apply lower tax rates under a DTT.
There is no clear test on beneficial ownership in the Russian tax legislation to be applied by tax agents, which means that Russian tax agents cannot be entirely comfortable applying reduced tax rates on income paid abroad. In making any payments, they need to consider the risk of additional tax and penalties to be paid at their own expense.
According to the law, a tax agent has to request confirmation that a foreign entity is a beneficial owner of income. If the actual beneficial owner is known, the tax agent may apply the ‘look through’ approach (to use a treaty with the country where this beneficial owner resides). If the beneficial owner is located in Russia or a non-treaty country, the income paid is taxed under the RTC rules (note that a zero tax rate on dividends applies under special criteria).
Treaty rates
The list below indicates the WHT rates mentioned in treaties. Russia has launched revision of the WHT rates on dividends and interest in a number of treaties with the aim to increase them up to 15%.
| Recipient | WHT (%) | Construction site duration before creation of PE (months) | ||
| Dividends | Interest (1) | Royalties | ||
| Non-treaty | 15 | 20 | 20 | |
| Treaty: | ||||
| Albania/Russia | 10 | 10 | 10 | 12 |
| Algeria/Russia | 5 (2)/15 | 0/15 | 15 | 6 months and an aggregated period of more than 3 months in any 12-month period for furnishing services |
| Argentina/Russia | 10 (2)/15 | 0/15 | 15 | 6 |
| Armenia/Russia | 5 (2)/10 | 0/10 | 0 | 12 |
| Australia/Russia | 5 (3)/15 | 10 | 10 | 12 |
| Austria/Russia | 5 (4)/15 | 0 | 0 | 12 |
| Azerbaijan/Russia | 10 | 0/10 | 10 | 12 |
| Belarus/Russia | 15 | 0/10 | 10 | No special provisions in the relevant DTT; local tax legislation provisions should apply |
| Belgium/Russia | 10 | 0/10 | 0 | 12 |
| Botswana/Russia | 5 (2)/10 | 0/10 | 10 | 6 |
| Brazil/Russia | 10 (5)/15 | 0/15 | 15 | 9 |
| Bulgaria/Russia | 15 | 0/15 | 15 | 12 |
| Canada/Russia | 10 (6)/15 | 0/10 | 0 (7)/10 | 12 |
| Chile/Russia | 5 (2)/10 | 15 | 5 (8)/10 | 6 |
| China/Russia | 5 (9)/10 | 0 | 6 | 18 |
| Croatia/Russia | 5 (10)/10 | 10 | 10 | 12 |
| Cuba/Russia | 5 (11)/15 | 0/10 | 0 (12)/5 | 12 |
| Cyprus/Russia | 5 (13)/15 | 0 (14)/5 (15)/15 | 0 | 12 |
| Czech Republic/Russia | 10 | 0 | 10 | 12 months and an aggregated period of more than 6 months in any 12-month period for furnishing services |
| Denmark/Russia | 10 | 0 | 0 | 12 months and an aggregated period of more than 365 days in any 18-month period for a drilling rig |
| Ecuador/Russia | 5 (16)/10 | 0/10 | 10 (17)/15 | 10 |
| Egypt/Russia | 10 | 0/15 | 15 | 6 months and an aggregated period of more than 6 months in any 12-month period for furnishing services |
| Finland/Russia | 5 (18)/12 | 0 | 0 | 12 months and an 18-month period for particular types of construction work |
| France/Russia | 5 (19)/10 (20)/15 | 0 | 0 | 12 |
| Germany/Russia | 5 (21)/15 | 0 | 0 | 12 |
| Greece/Russia | 5 (13)/10 | 7 | 7 | 9 |
| Hong Kong/Russia | 0 (22)/5 (23)/10 | 0 | 3 | 12 |
| Hungary/Russia | 10 | 0 | 0 | 12 |
| Iceland/Russia | 5 (24)/15 | 0 | 0 | 12 |
| India/Russia | 10 | 0/10 | 10 | 12 (may be extended on agreement with the competent authorities) |
| Indonesia/Russia | 15 | 0/15 | 15 | 3 |
| Iran/Russia | 5 (11)/10 | 0/7.5 | 5 | 12 |
| Ireland/Russia | 10 | 0 | 0 | 12 |
| Israel/Russia | 10 | 0/10 | 10 | 12 |
| Italy/Russia | 5 (25)/10 | 10 | 0 | 12 |
| Japan/Russia (24) | 5 (27)/10/15 (28) | 0/10 (29) | 0 | 12 |
| Kazakhstan/Russia | 10 | 0/10 | 10 | 12 |
| North Korea/Russia | 10 | 0 | 0 | 12 months and an aggregated period of more than 6 months in any 12-month period for furnishing services |
| South Korea/Russia | 5 (30)/10 | 0 | 5 | 12 (may be extended up to 24 months upon agreement with the competent authorities) |
| Kuwait/Russia | 0 (22)/5 | 0 | 10 | 6 months and an aggregated period of more than 3 months in any 12-month period for furnishing services |
| Kyrgyzstan/Russia | 10 | 0/10 | 10 | 12 |
| Latvia/Russia | 5 (31)/10 | 0/5 (32)/10 | 5 | 9 |
| Lebanon/Russia | 10 | 0/5 | 5 | 12 |
| Lithuania/Russia | 5 (24)/10 | 0/10 | 5 (8)/10 | 9 |
| Luxembourg/Russia | 5 (33)/15 | 0 | 0 | 12 |
| Macedonia/Russia | 10 | 10 | 10 | 12 |
| Malaysia/USSR | 15 | 0/15 | 10 (34)/15 (35) | 12 months and more than a 6-month period for installation or assembly projects |
| Mali/Russia | 10 (36)/15 | 0/15 | 0 | No special provisions in the relevant DTT; local tax legislation provisions should apply |
| Malta/Russia (53) | 5 (13)/15 | 5 (15)/15 | 5 | 12 |
| Mexico/Russia | 10 | 0/10 | 10 | 6 |
| Moldova/Russia | 10 | 0 | 10 | 12 |
| Mongolia/Russia | 10 | 0/10 | rates in accordance with local legislation | 24 |
| Montenegro/Russia | 5 (24)/15 | 10 | 10 | 18 |
| Morocco/Russia | 5 (36)/10 | 0/10 | 10 | 8 |
| Namibia/Russia | 5 (37)/10 | 0/10 | 5 | 9 months and more than a 6-month period for furnishing services and installation projects |
| Netherlands/Russia | 5 (38)/15 | 0 | 0 | 12 |
| New Zealand/Russia | 15 | 10 | 10 | 12 |
| Norway/Russia | 10 | 0/10 | 0 | 12 |
| Philippines/Russia | 15 | 0/15 | 15 | 183 days and an aggregate period of more than 183 days in any 12-month period for furnishing services |
| Poland/Russia | 10 | 0/10 | 10 | 12 (may be extended up to 24 months upon agreement with the competent authorities) |
| Portugal/Russia | 10 (39)/15 | 0/10 | 10 | 12 |
| Qatar/Russia | 5 | 0/5 | 0 | 6 |
| Romania/Russia | 15 | 0/15 | 10 | 12 |
| Saudi Arabia/Russia | 0 (22)/5 | 0/5 | 10 | 6 months and an aggregated period of more than 6 months in any 12-month period for furnishing services |
| Serbia/Russia | 5 (24)/15 | 10 | 10 | 18 |
| Singapore/Russia | 0 (22)/5 (40)/10 | 0 | 5 | 12 |
| Slovakia/Russia | 10 | 0 | 10 | 12 |
| Slovenia/Russia | 10 | 10 | 10 | 12 |
| South Africa/Russia | 10 (41)/15 | 0/10 | 0 | 12 |
| Spain/Russia | 5 (42)/10 (43) /15 | 0/5 | 5 | 12 |
| Sri Lanka/Russia | 10 (11)/15 | 0/10 | 10 | 6 months and an aggregated period of more than 183 days in any 12-month period for furnishing services |
| Sweden/Russia | 5 (44)/15 | 0 | 0 | 12 |
| Switzerland/Russia | 0 (22)/5 (45)/15 | 0 | 0 | 12 |
| Syria/Russia | 15 | 0/10 | 4.5 (46) /13.5 (47)/18 (48) | 6 |
| Tajikistan/Russia | 5 (2)/10 | 0/10 | 0 | 24 (may be extended on agreement with the competent authorities) |
| Thailand/Russia | 15 | 0/10 | 15 | 6 months and an aggregated period of more than 3 months in any 12-month period for furnishing services |
| Turkey/Russia | 10 | 0/10 | 10 | 18 |
| Turkmenistan/Russia | 10 | 5 | 5 | 12 |
| Ukraine/Russia | 5 (49)/15 | 0/10 | 10 | 12 |
| United Kingdom/Russia | 10 | 0 | 0 | 12 |
| United States/Russia | 5 (6)/10 | 0 | 0 | 18 |
| Uzbekistan/Russia | 10 | 0/10 | 0 | 12 |
| Venezuela/Russia | 10 (4)/15 | 0/5 (50)/10 | 10 (51)/15 | 9 |
| Vietnam/Russia | 10 (52)/15 | 10 | 15 | 6 months and more than a 12-month period for furnishing services |
Information is provided for reference purposes. Please review the relevant DTT for full information.
- In most cases, a 0% tax rate applies to interest payments to the governments of contracting states and to payments guaranteed by the government.
- If the beneficial owner of the dividends directly holds at least 25% of the capital of the company paying the dividends.
- If the following conditions are met:
- Dividends are paid to a company (other than a partnership) that directly holds at least 10% of the capital of the company paying the dividends.
- The resident of the other contracting state has invested a minimum of 700,000 Australian dollars (AUD), or an equivalent amount in Russian rubles, in the capital of that company.
- If the dividends are paid by a company that is resident in Russia, the dividends are exempt from Australian tax.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 10% of the capital of the company paying the dividends and the participation exceeds USD 100,000 or an equivalent amount in any other currency.
- If the beneficial owner directly holds at least 20% of the total capital of the company paying the dividends.
- If the beneficial owner of the dividends is a company that owns at least 10% of the voting stock (or in the case of Russia, if there is no voting stock, at least 10% of the statutory capital) of the company paying the dividends.
- 0% WHT is applied to the following types of Royalties:
- Royalties for the production or reproduction of any literary, dramatic, musical, or other artistic work (but not including royalties for motion picture films or works on film or videotape or other means of reproduction for use in connection with television broadcasting).
- Royalties for the use of, or the right to use, computer software.
- Royalties paid to an unrelated party for the use of, or the right to use, any patent or any information concerning industrial, commercial, or scientific experience.
- For the use of any industrial, commercial, or scientific equipment.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 25% of the capital of the company paying the dividends and this holding amounts to at least EUR 80,000 or its equivalent in any other currency.
- If the beneficial owner of the dividends is a company that directly holds at least 25% of the capital of the company paying the dividends (this share should be at least USD 100,000 or its equivalent in another currency).
- If the beneficial owner of the dividends is a company (excluding partnerships) that directly holds at least 25% of the capital of the company paying the dividends.
- Royalties paid for copyrights and other similar remuneration for the production of a literary, dramatic, musical or artistic work.
- For dividends received by a public company whose shares are listed on a registered stock exchange, provided that at least 15% of the shares bearing voting rights in such company are publicly floated and that such company directly owned at least 15% in the dividend-paying company’s equity over a 365-day period; for pension funds and insurance companies, the government and its political units, local authorities, and central banks. Only the beneficial owners of the income are eligible for the 5% rate.
- On interest paid to banks, insurance companies, pension funds, the government and its political units, local authorities, and central banks; for yields on government and corporate bonds, and Eurobonds.
- For interest income received by a public company whose shares are listed on a registered stock exchange, provided that at least 15% shares bearing voting rights in such company are in public float and that such company directly owns at least 15% in the interest-paying company’s equity over the period of 365 days.
- If the beneficial owner is a company that directly owns at least 25% of the voting stock of the company paying the dividends.
- Royalties for the use of, or the right to use industrial, commercial or scientific equipment.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 30% of the capital of the company paying the dividends, and the foreign capital invested exceeds USD 100,000 or its equivalent in the national currencies of the contracting states at the moment when the dividends become due and payable.
- If the following conditions are met:
- Where the beneficial owner of the dividends has invested in the company paying the dividends, irrespective of the form or the nature of such investments, a total value of at least 500,000 French francs (FF) or the equivalent in another currency; as the value of each investment is appreciated as of the date it is made.
- Where that beneficial owner is a company that is liable to tax on profits under the general tax laws of the contracting state of which it is a resident and which is exempt from such tax in respect of such dividends.
- If only one of the conditions of 19 (a) or 19 (b) are met.
- If the beneficial owner of the dividends is a company that directly holds at least 10% of the basic or common stock of the company paying the dividends and such capital share amounts to at least EUR 80,000 or the equivalent value in rubles.
- The 0% rate applies to income paid to governmental agencies or governmental financial institutions (to pension funds in case of Switzerland as well).
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 15% of the capital of the company paying the dividends.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 25% of the capital of the company paying the dividends and the foreign capital invested exceeds USD 100,000 or its equivalent in the national currency of the contracting state.
- If the beneficial owner of the dividends is a company that directly holds at least 10% of the capital of the company paying the dividends (this share should be at least USD 100,000 or its equivalent in another currency).
- The new treaty replaces the old treaty of 1986. It is applicable starting from 2019.
- If the beneficial owner of the dividends is a company that has directly owned at least 15% of the voting power of the company paying the dividends for the period of 365 days ending on the date on which entitlement to the dividends is determined.
- Notwithstanding the provisions of paragraphs 2 and 3 of this Article, dividends derived by a resident of a contracting state from shares of a company or comparable interests, such as interests in a partnership, trust, or investment fund, may be taxed in the other contracting state according to the laws of that other contracting state if, at any time during the 365 days preceding the payment of the dividends, these shares of comparable interests derived at least 50% of their value directly or indirectly from immovable property referred to in Article 6 of this Convention and situated in that other contracting state. The tax so charged shall not exceed 15% of the gross amount of the dividends.
- Notwithstanding the provisions of paragraph 1 of this Article, interest arising in a contracting state that is determined by reference to receipts, sales, income, profits, or other cash flow of the debtor or a related person, to any change in the value of any property of the debtor or a related person or to any dividend, partnership distribution, or similar payment made by the debtor or a related person, or any other interest similar to such interest arising in a contracting state, may be taxed in that contracting state according to the laws of that contracting state, but if the beneficial owner of the interest is a resident of the other contracting state, the tax so charged shall not exceed 10% of the gross amount of the interest.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 30% of the capital of the company paying the dividends and invests not less than USD 100,000 or the equivalent in local currencies to the company paying the dividends.
- If the beneficial owner is a company (other than a partnership) that directly holds at least 25% of the capital of a company paying dividends and the capital invested exceeds USD 75,000.
- Applicable to interbank loans only.
- Any patent, trademark, design or model, plan, secret formula or process, or any copyright of scientific work, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial, or scientific experience.
- Cinematograph films or tapes for radio or television broadcasting, any copyright of literary or artistic work.
- If the invested amount equals or exceeds FF 1 million.
- If the beneficial owner of the dividends has invested in the capital of the company paying dividends of more than USD 500,000.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 25% of the share capital of the company paying the dividends and has directly invested in the equity share capital of that company not less than the equivalent of USD 100,000.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 25% of the capital of the company paying the dividends and has invested in it at least 75,000 European Currency Units (ECU) or its equivalent in the national currencies of the contracting states.
- If the beneficial owner of the dividends is a company that, for an uninterrupted period of two years prior to the payment of the dividends, directly owned at least 25% of the capital of the company paying the dividends.
- If the beneficial owner of the dividends is a company that directly holds at least 15% of the capital of the company paying the dividends.
- If residents of the other contracting state hold at least 30% of the capital of the company paying the dividends and have directly invested in the equity share capital (authorised fund) of that company an amount of not less than USD 100,000 or its equivalent in the currency of the first state.
- If the following conditions are met:
- The beneficial owner of the dividends is a company (other than a partnership) that has invested at least ECU 100,000 or its equivalent in any other currency in the capital of the company paying the dividends.
- Those dividends are exempt from tax in the other contracting state.
- If only one of the conditions of 42 (a) or 42 (b) are met.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 10% of the share capital of the company paying the dividends (except for investment fund paying the dividends) and such capital share amounts to at least EUR 80,000 or the equivalent value in any other currency at the moment of actual distribution of dividends.
- If the beneficial owner of the dividends is a company (other than a partnership) that directly holds at least 20% of the capital of the company paying the dividends and the foreign capital invested exceeds 200,000 Swiss francs (CHF) or its equivalent in any other currency at the moment when the dividends become due.
- Cinematography films, programmes, and recordings for radio or television broadcasting.
- Any copyright of literary, artistic, or scientific work.
- Any patent, trademark, design or model, plan, secret formula or process, any computer software programme, or for information concerning industrial, commercial, or scientific experience.
- If a resident of the other contracting state has invested in its joint-stock capital (registered fund) at least USD 50,000 or its equivalent in the national currencies of the contracting states.
- In the case of banks.
- In the case of fees for technical assistance.
- If the residents of the other contracting state have directly invested in the equity share capital of that company not less than USD 10 million.
- New tax rates are presented in the table. Timing of application of the rates needs to be clarified by the Russian Ministry of Finance.
Since 1 January 2021, the MLI will be entered into force for 34 Russian DTTs as follows:
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