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    Private Client Tax in the Netherlands… From the Secret Private Client Adviser Files

    Private Client Tax Netherlands

    Interview Location:

    Bustling hotel lobby in the heart of Amsterdam

    Interviewer (Tax Natives):

    [Leans forward with a notepad in hand] Good morning, Secret Adviser. Let’s dive into the intricacies of tax residency. How does one become taxable in the Netherlands?

    Interviewee (Secret Adviser):

    [Sips coffee] Good morning, Tax Natives. Well, in the Netherlands, you become taxable either by being a Dutch resident or a non-resident taxpayer. It primarily depends on your main residence and other factual circumstances—like where your family lives or where your main economic interests lie.

    Tax Natives:

    [Frustratingly shakes their pen] I see. So, what determines a Dutch resident taxpayer exactly?

    Secret Adviser:

    [Leans back, relaxing] For a Dutch resident taxpayer, it’s about having your main residence here in the Netherlands. This includes where your permanent home is maintained, where you work, where your family resides, where you’re registered with local authorities, and where your main bank accounts and assets are.

    Tax Natives:

    Now, what about non-resident taxpayers? How are they handled?

    Secret Adviser:

    Non-resident taxpayers are those who have their main residence outside the Netherlands but earn income from Dutch sources. There’s also something called a ‘qualifying non-resident taxpayer’ status for those in the EU, EEA, Switzerland, or the BES islands, earning at least 90% of their worldwide income here. They get similar tax deductions and credits as resident taxpayers.

    [A tourist interrupts, holding a map upside down, looking puzzled]

    Tourist:

    Excuse me, could you tell me how to get to the Van Gogh Museum?

    Secret Adviser:

    [Points in the right direction with a smile] Just keep heading straight down this road, you can’t miss it!

    Tax Natives:

    [Laughs] Always busy around here! Let’s talk about the 30% ruling. How does that affect tax status?

    Secret Adviser:

    [Nods] Yes, it’s a major shift. The 30% ruling allows some taxpayers to receive 30% of their income tax-free, and they can choose to be treated as partial non-residents. Meaning, they’re considered residents for personal income like salary but non-residents for income from investments.

    [A waiter comes by, accidentally spills a small amount of water]

    Waiter:

    Oh dear, I’m terribly sorry!

    Secret Adviser:

    No problem at all. [To Tax Natives] As I was saying, the classification affects how different types of income are taxed under various ‘boxes’ of income categories.

    Tax Natives:

    Speaking of which, could you elaborate on these ‘boxes’ of income?

    Secret Adviser:

    Certainly. There are three boxes. Box 1 includes income from employment and home ownership, taxed up to 49.50%. Box 2 deals with income from substantial interest, like owning 5% or more in a company, taxed at 26.9%. Lastly, Box 3 covers income from savings and investments, which is sort of a net wealth tax.

    Tax Natives:

    Fascinating! And what about capital gains?

    Secret Adviser:

    Capital gains are usually taxed either as business income in Box 1 or as substantial interest in Box 2, depending on the asset involved. The Dutch system doesn’t typically tax capital gains separately, except under certain conditions.

    Tax Natives:

    [Writes down notes…or makes a doodle] That’s quite comprehensive. Thanks for breaking it down, Secret Adviser.

    Secret Adviser:

    [Laughs] Happy to share. Enjoy the rest of your day, and watch out for more spilled water!

    Tax Natives:

    [Grinning] Will do. Thanks for your insights!

    [Both stand up, shake hands, and Secret Adviser heads towards the conference area of the hotel]

     

    Final thoughts

    If you have any queries about private client tax in the Netherlands, or tax matters in Holland more generally, then please get in touch

    Private Client Tax in India… From the Secret Private Client Adviser Files

    Private Client Tax in India… From the Secret Private Client Files

    Background

    The scene is set in a bustling hotel lobby in Mumbai. The crowd is excited as it is just hours before Mumbai Indians crucial game in the Indian Premier League (“IPL”).

    The interviewer, Our Chief Tax Native, and the interviewee, Secret Adviser in India, are seated on a comfortable sofa, sipping coffee.

    There’s a background hum of activity—guests checking in, a receptionist arguing with a new guest, and a cleaner fussing over something nearby. Secret Adviser seems relaxed, while Tax Natives appears focused on their questions.

    Tax Natives

    [Leaning forward with a notepad in hand]

    Good morning, Secret Adviser. Let’s talk about taxes in India. What are the basic principles of taxation there?

    Secret Adviser

    [Sips coffee]

    Good morning, Tax Natives. In India, the Income-tax Act, 1961, governs personal taxation. Generally, Indian residents are taxed on their worldwide income, while non-residents are taxed only on income that originates in India.

    Tax Natives:

    [Frustratingly shakes their pen] I see. So, how is a person’s residential status determined for tax purposes?

    Secret Adviser:

    [Leans back, relaxing]

    It depends on their physical presence in India. You’re considered a resident if you’re in India for at least 182 days during a financial year, or 60 days during a financial year and 365 days in the previous four years.

    But there are exceptions, especially for those who leave India for work or visit India from abroad.

    Tax Natives

    Now, what’s this about the new income tax regime in India? I heard it’s quite different from the old one.

    Secret Adviser

    [Nods] Yes, it’s a major shift. The new regime offers lower tax rates if you give up certain tax deductions and exemptions.

    From April 2023, it’s the default regime, but taxpayers can choose the older one if they prefer.

    It’s aimed at simplifying the tax structure and is particularly beneficial for high-net-worth individuals due to lower surcharge rates.

    [Meanwhile, the receptionist is in a heated argument with a new guest about a booking mix-up.]

    Tax Natives

    Busy morning here! Let’s talk about the recent changes in tax rates. I heard there’s a reduction in the surcharge for the super-rich?

    Secret Adviser

    Yes, from April 2023, the surcharge rate was reduced from 37% to 25% for those earning over 50 million rupees.

    This has lowered the effective tax rate from 42.74% to 39%, which is significant for high-income individuals.

    Tax Natives

    [Writes down notes…or makes a doodle]

    That’s quite a relief for them. What about capital gains? Any new changes there?

    Secret Adviser

    [Nods]

    There’s a cap on the exemption for long-term capital gains from the sale of residential property. If the gains exceed 100 million rupees, they are now taxable. This cap was introduced from April 2023 to prevent excessive tax breaks.

    [The tourist returns, holding a map upside down, clearly still lost. Tax Natives and Secret Adviser point him in the right direction, and he leaves with a smile.]

    Tax Natives

    [Smiling] He’ll get there eventually. Now, what about gift and succession taxes? Are those coming back?

    Secret Adviser

    [Shakes her head]

    Not quite. India doesn’t have succession or inheritance tax, and gift tax was abolished in 1998.

    However, there’s a deemed gift tax in the income tax regime. It applies to money or property received without consideration or at an undervalue.

    Recent amendments made it clear that gifts received by non-residents or RNOR from Indian residents are taxable in India.

    [The receptionist’s argument with the guest reaches a resolution, and there’s a round of applause from the lobby staff.]

    Tax Natives:

    [Grinning] Looks like things are calming down. One last question: how does India deal with cross-border structuring and regulatory issues for HNIs?

    Secret Adviser

    [Leans in] India has an extensive network of tax treaties with various jurisdictions. There’s also the Black Money Act, which addresses undisclosed foreign income and assets.

    It’s been a big tool in tackling tax evasion, granting authorities wide-ranging powers to investigate.

    In terms of entrepreneurs and private trusts, the abolition of the dividend distribution tax in 2020 changed things, and the ‘angel tax’ now applies to share premiums exceeding fair market value, even for non-residents.

    Tax Natives

    [Nods] Thanks for the detailed explanation, Secret Adviser. Enjoy your coffee, and watch out for that tourist!

    Secret Adviser

    [Laughs] Thanks, Tax Natives. I’ll keep my eyes peeled!

    Final thoughts

    If you have any queries about this article on private client tax in India, or Indian tax matters more generally, then please get in touch.

    The Secret Private Client Tax Adviser: Cyprus debriefing

    [Scene: A bustling hotel lobby in Limassol. Soft jazz music plays in the background. Tax Native (“TN”), holding a notepad and pen, sits across from our Secret Private Client Adviser in Cyprus (“Secret Adviser”) at a small round table.

    Head Tax Native (“TN”):

    [Adjusts glasses, voice hushed] Secret Private Client Adviser in Cyprus, your mission, should you choose to accept it, is to educate us on the detailed tax issues in Cyprus.

    This task requires in-depth knowledge and utmost discretion.

    Should your identity be compromised, you will be disavowed.

    Are you ready to embark on this mission?

    Secret Private Client Adviser in Cyprus (“Secret Adviser”):

    [Nods firmly] I accept. Let’s get stuck in.

    TN

    [leans forward, intrigued]: I’m eager to understand the tax framework for private clients in Cyprus. Specifically, how does an individual become taxable in your jurisdiction?

    Secret Adviser

    [sips coffee]: Well, it boils down to the numerical day test. A person residing in Cyprus for more than 183 days in the year of assessment is considered a tax resident. It’s worth noting that these days don’t need to be consecutive, and the year of assessment aligns with the calendar year.

    TN

    [frustratingly shakes pen]: Could you clarify the day counting rules?

    Secret Adviser:

    Of course. The day of departure is not counted as a day in Cyprus, while the day of arrival is. If you both arrive and depart on the same day, it’s counted as a day in Cyprus. Conversely, if you depart and return on the same day, it’s considered a day spent outside Cyprus.

    TN:

    And what about the 60-day rule I’ve heard of?

    Secret Adviser:

    That’s an additional test introduced in 2017.

    An individual can be considered a Cyprus tax resident if they reside here for at least 60 days within the same tax year, are not tax residents in any other country, are employed or run a business in Cyprus, and maintain a permanent residence here.

    [Suddenly, a cleaner approaches the table.]

    Cleaner:

    Excuse me, could you lift your feet? I need to vacuum under your table.

    [They comply, a bit startled, as the cleaner briskly vacuums around their feet and moves on.]

    Secret Adviser

    [continuing]: Moreover, the tax legislation post-15 July 2015 distinguishes between domiciled and non-domiciled tax residents.

    Non-domiciled individuals are exempt from Special Defence Contribution, which typically applies to passive income like rents, dividends, and interest.

    TN:

    Tell me more about non-doms and how they’re taxed? It’s quite an attraction for wealthy individuals isn’t it?

    Secret Adviser:

    [Laughs] Well, that’s kinda the idea!

    It’s not quite the same as the UK non-dom framework or Ireland.

    Broadly speaking, if you are non-dom, then there is no income tax on dividend and interest income generated overseas.

    In addition, there is no tax on gains arising on the disposal of investments held overseas.

    Unlike the Uk or Ireland… It doesn’t matter what is done with the funds. So no pesky remittances.

    TN:

    That sounds pretty attractive, Secret Adviser.

    How does Cyprus tax its residents?

    Secret Adviser:

    Cyprus tax residents face taxation on their worldwide income.

    However, Cyprus is fairly generous with granting credit for foreign tax paid. A comparison is made between the Cypriot tax and the foreign tax suffered, and the lower of the two is credited.

    TN:

    Let’s talk about individual income and other specific taxes.

    Secret Adviser:

    Sure. Income tax is progressive. The initial €19,500 is exempt, followed by incremental rates up to 35% for amounts above €60,000.

    Capital gains tax is specific to the disposal of immovable property situated in Cyprus.

    And interestingly, there are no taxes on lifetime gifts or inheritance.

    TN:

    What about real property?

    Secret Adviser:

    Capital gains tax applies only to disposals involving immovable property in Cyprus.

    While Immovable Property Tax was abolished from 1 January 2017, local taxes on real estate are minimal.

    TN:

    And for non-cash assets brought into Cyprus?

    Secret Adviser:

    Since joining the EU in 2004, Cyprus follows EU customs.

    No duties on goods from EU countries. Non-EU goods are subject to duties, and VAT applies to all imported goods.

    TN:

    What other taxes should individuals be aware of?

    Secret Adviser:

    VAT rates vary, and Special Defence Contribution applies to passive income for those who are both tax residents and domiciled in Cyprus.

    Stamp duty is also applicable on certain documents related to property or affairs in Cyprus.

    TN:

    Could you touch on the taxation of trusts, charities, and any anti-avoidance provisions?

    Secret Adviser:

    Certainly. Trusts are not taxable entities, but trustees must adhere to tax liabilities for beneficiaries. Charities enjoy tax exemptions, especially on income and disposals.

    As for anti-avoidance, Cyprus implements the EU Anti-Tax Avoidance Directive, including rules like the Interest Limitation Rule and Controlled Foreign Company rule, ensuring transactions are genuine and not solely for obtaining tax advantages.

    TN

    [nods, satisfied]: This has been incredibly insightful. Navigating Cyprus’s tax landscape seems complex but quite structured.

    Secret Adviser:

    [Standing up, and shaking hands] Pleased to be of assistance.

    [The Adviser blends into the bustling hotel lobby.]
    The world of private client tax is safe for another day…

    Final thoughts

    If you have any queries about private client taxation in Cyprus, or tax matters in Cyprus more generally, then please get in touch.

    The Secret Private Client Tax Adviser: Ireland debriefing

    The meeting takes place in the welcoming lobby of an undisclosed hotel just off of O’Connell St in Dublin, Ireland.

    Head Tax Native (“TN”):

    Secret Private Client Adviser in Ireland,  your mission, should you choose to accept it, is to educate us on the practical tax considerations in Ireland.

    This task requires a delicate balance of expertise and discretion.

    Be warned, should your real identity be revealed during this covert operation, you will be disavowed by Tax Natives and shunned by your fellow private client advisers.

    Do you accept?

    Secret Private Client Adviser in Ireland (Secret Adviser):

    I accept.

    Tax Natives:

    [settles into a cozy armchair in the hotel lobby] Let’s delve into the tax considerations for private clients in Ireland.

    Can you explain how an individual becomes taxable?

    Secret Adviser:

    [leans forward, tapping a pen thoughtfully] Sure. In Ireland, tax liability hinges on domicile, residence, and ordinary residence.

    For instance, if you’re in Ireland for 183 days or more in a tax year, you’re considered a resident.

    Receptionist:

    [arguing with a guest] “No, Mr Bono, we didn’t want your free album drop on Apple… and we don’t want you to do a free concert in the lobby. People are trying to relax.

    Tax Natives:

    [suppresses a chuckle, then continues] Interesting. What about individual income taxes?

    Secret Adviser:

    [sips coffee] Irish residents are taxed on worldwide income, with standard rates at 20% and higher rates up to 40%.

    There’s also the universal social charge and pay-related social insurance.

    Now, regarding capital gains…

    Tax Natives:

    [nods] Yes, how are they taxed?

    Secret Adviser:

    [adjusts glasses] Capital gains tax is 33% on personal gains above €1,270.

    But for non-domiciled residents, only gains remitted into Ireland are taxed.

    Tax Natives:

    [glancing at notes] And what about lifetime gifts?

    Secret Adviser:

    Gifts may be subject to capital acquisitions tax with various tax-free thresholds.

    For instance, you can receive €335,000 tax-free from a parent.

    Receptionist:

    [to another guest] “No, we don’t offer tours to find the end of the rainbow!”

    Tax Natives:

    [smiles, then asks] What about taxes after death?

    Secret Adviser:

    [leans back] Similar to gifts, inheritance comes under capital acquisitions tax, with the same tax-free thresholds.

    Tax Natives:

    [checking time] Lastly, any other taxes we should know about?

    Secret Adviser:

    [stands up] Well, there’s local property tax, stamp duty, and VAT on various goods and services.

    And no wealth tax in Ireland.

    Tax Natives:

    [extends hand] Thank you for these insights!

    Secret Adviser:

    [shakes hand] Happy to help. Enjoy your stay in Ireland!

    [They part ways, Tax Natives heading towards the bustling hotel exit, amused by the unique interactions of the day.]

     

    Tapping out

    If you have any queries about this top secret interview on private client tax in Ireland, or Irish tax matters in general, then please get in touch