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Several weeks ago, we commented on the Spanish Government’s recently proposal to introduce a Solidarity Wealth Tax.
However, this article considers new wealth tax proposals – in respect of the Net Wealth Tax and the Solidarity Wealth Tax – for non-Spanish-tax-resident individuals who hold Spanish real estate through one or multiple non-Spanish-resident entities.
It is envisaged that non-Spanish-tax-resident individuals would be subject to the Net Wealth Tax (“NWT”) when they hold shares in an unlisted entity. This would be where “at least 50% of its assets are directly or indirectly made up of real estate located in Spain”.
These new proposals would replace the current domestic provisions which historically have required non-resident individuals to pay NWT in circumstances where they directly own real estate only.
Additionally, the Spanish Government plans to bring in the Solidarity Tax (“ST”) to supplement the regional NWT. The ST will be calculated and assessed at the federal level.
The ST will be levied on non-Spanish-tax-resident individuals with a net wealth in Spain of at least EUR 3 million. It should be noted that this will include any interests in non-resident entities that own Spanish real estate
The NWT can be credited against any ST liability.
It is expected that these measures will be passed before the end of 2022.
If the new legislation is published prior to the end of 2022, then both would apply to indirect holdings of Spanish real estate held on 31 December 2022.
It is currently expected that both would have to be paid in June or July of the following year.
If you have any queries about the Spanish Net Wealth Tax or Solidarity Wealth Tax, or Spanish tax matters in general, then please do get in touch.
The content of this article is provided for educational and information purposes only. It is not intended, and should not be construed, as tax or legal advice. We recommend you seek formal tax and legal advice before taking, or refraining from, any action based on the contents of this article.
Malta has recently published legislation that implements Transfer Pricing Rules into Malta’s tax code (“TP Rules”).
The TP Rules apply to transactions entered into on or after 1st January 2024 as well as pre-existing ones if they are materially altered on or after that date.
The TP Rules will apply when calculating a company’s tax base derived from “cross-border arrangement” between “associated enterprises”. They will apply where associated enterprises have more than 75% (directly or indirectly) of participating rights.
This is reduced to 50% where the entity is a Multi-National Enterprise (“MNE”).
SMEs, as defined in the State Aid Rules, do not fall under these rules.
The term “MNE group”, as used in these Rules, refers to a multinational enterprise (or other entity) whose tax residence(ies) or permanent establishment(s), within and outside of Malta, exceeds 75 million Euro per year.
The TP Rules don’t apply to cross-border transactions with an aggregate arm’s length value of €6m and €20m revenue and capital respectively.
The TP Rules will apply to cross-border transactions and arrangements taking place between:
The TP Rules provide for a deeming provision that, where the actual amount differs from an arm’s-length amount under cross-border arrangements, the latter figure shall be used in ascertaining total income instead of the former.
It is anticipated that more detailed guidance will be issued in due course.
Amongst other things, it is expected that this will include reference to the OECD Transfer Pricing Guidelines.
If you have any queries about this article on Malta Transfer Pricing Rules or Malta tax matters in general, then please do not hesitate to get in touch.
The content of this article is provided for educational and information purposes only. It is not intended, and should not be construed, as tax or legal advice. We recommend you seek formal tax and legal advice before taking, or refraining from, any action based on the contents of this article
On October 26, 2022, President Zelensky signed a law creating an electronic system through which foreign entrepreneurs can apply for residency permits.
Foreigners will be able to obtain an electronic residence (an E-Residence / E-Resident) in Ukraine without having to become Ukrainian tax residents.
It is scheduled to come into effect on April 1, 2023. Under it, foreigners will be able register themselves as private entrepreneurs and pay taxes in Ukraine.
The E-Residency program provides its participants access to a range of services, including the registration and termination of business activities in Ukraine.
The E-Residency status will not grant the right to live or visit Ukraine.
The E-Residency program is open to people who meet all of the following requirements:
To become an E-Resident, applicants must go through the “E-Resident” information system, obtain qualified digital signatures, and pass identification procedures.
Ukraine E-Residence may withdraw from the program at any time by applying for termination.
Ukrainian authorities have the power to revoke an individual’s E-Residency if they decide that this person no longer qualifies for the status.
To become an E-Resident, in addition to the above conditions, you must:
E-Residents will pay a flat tax of 5% on their business income. They are not allowed to deduct any expenses from this amount.
The nature of the business activities of the E-Resident is not restricted.
E-Residents must transfer their business income to the Ukrainian bank account they opened as part of the process.
The bank will also operate as the E-Resident’s tax agent and deduct the relevant tax and deal with all other reporting.
E-Residents are not subject to the social security charges in Ukraine.
E-Residents should consider whether the Ukrainian taxes deducted in respect of their business income can be credited against taxes they are liable in their country of tax residency.
If you have any queries about Ukraine E-Residence then please do not hesitate to get in touch.
The content of this article is provided for educational and information purposes only. It is not intended, and should not be construed, as tax or legal advice. We recommend you seek formal tax and legal advice before taking, or refraining from, any action based on the contents of this article