Taxation of banking and finance in the BSEC countries

Transcription

1 Taxation of banking and finance in the BSEC countries Anastasia Certan Head, Tax and Customs Policy and Legislation General Directorate 1

2 AGENDA CIT rates and exemptions WHT rates General and special deductions Losses tax relief VAT exemptions Bank levies 2

3 CIT rates and exemptions CIT rate for all legal entities and for banks, other financial institutions and non-financial institutions is same. Exceptions for Albania, Moldova, Ukraine and Russia Federation. 3

4 CIT rates and exemptions 1. Ukraine Country CIT rate CIT Exemptions % % % 2. Armenia 20% 3% - for gross insurance premiums regarding other insurance 3. Greece 20% 4. Azerbaijan 20% 5. Turkey 20% 6. Russian Federation 20% (2% - federal budget; 18% - regions budgets) Banks, insurance, and re-insurance companies were exempt from profit tax on profit distributed for increasing their nominal equity (so called, charter capital) during the three years prior to 1 January Credit institutions, financial institutions, financial leasing, factoring, and financing companies shall not be subject to finance cost restrictions. The amount payable to the budgets of constituent regions may be reduced by such regions, so the total minimum tax rate may be 15,5%. 4 MINISTRY OF FINANCE OF REPUBLIC OF

5 Country CIT rate CIT Exemptions 7. Romania 16% 8. Georgia 15% 9. Moldova 10. Albania 10% 11. Bulgaria 10% 12. Serbia 10% CIT rate and Exemptions (cont d) 12% For the period 2008 through 2011 was applicable the 0% CIT rate. Interest income obtained by individuals on bank deposits (until 2015). Interest income obtained by legal persons from deposits made for a period exceeding 3 years and corporate securities as bonds issued for a period exceeding 3 years (until 2015). Foundation of non-banking financial institutions established to support development policies of the government through credit activities are exempt from CIT 5

6 CIT rates and exemptions Two main differences between financial and non-financial corporations concern the treatment of bad and doubtful loans and the non-application of thin capitalization rules to the financial rules. In the case of bad and doubtful loans, the differential treatment may provide a cash-flow (liquidity) advantage, but not a tax advantage. These differences in treatment can however be explained by the structure of the business in the financial sector for which interest received and paid constitute part of the business and not just the financing of activities. 6

7 Moldovan WHT rates Dividend: 6% WHT applies to dividends paid to non-residents and residents. Interest: 15% WHT is applied to interest paid to resident individuals. Royalties: 12% WHT applies to royalties paid to non-residents. 15% WHT applies to royalties paid to residents. Resident companies receiving interest and royalties include such payments in taxable income, which is subject at the standard CIT rate of 12%. 7

8 BSEC WHT Rates Albania Armenia Azerbaijan Bulgaria Georgia Greece Romania Russia Serbia Turkey Ukraine Dividends 10% 10% 10% 5% 5% 25% 16% 9% 20% 15% 15% 5% 10% 15% 0% 0% Interest 10% 10% 10% 5% 16% 20% 10% 40% 20% 15% 15% 5% Royalties 10% 10% 14% 15% 25% 16% 20% 20% 20% 15% 10% 8

9 DTT WHT rates BSEC DTT WHT rates prevail over domestic ones, unless the domestic rates are lower, in that case the most convenient apply. 9

10 Moldovan General Deductions of expenses As a general rule, expenses are deductible only if incurred for the purposes of generating taxable income and are considered as ordinary and necessary. Deductible expenses: the ordinary and necessary expenses paid out or incurred by the taxpayer during the tax year, exclusively for entrepreneurial purposes; amortisation of intangible assets; interest payments, provided they represent a usual and necessary expense incurred in connection with the business activity, except for certain specific cases; depreciation of fixed assets calculated depending on the category of property and in accordance with the category of property and the established rates. Limited deductibility: business trip expenses and representation expenses, expenses on insurance of legal entities, within the limits approved by the Government; repairs expenses of fixed assets recorded in the balance sheet (up to 15% of tax value); bad debts; philanthropic and sponsorship expenses borne for the benefit of specific beneficiaries up to 10% of taxable income. 10

11 Moldovan Special Deductions for banking and finance Financial institutions are allowed to deduct losses on assets and conditional commitments. Microfinance organizations are allowed to deduct provisions for covering eventual losses which related to unpaid loans and related interest. Banks can deduct the annual obligatory payment, initial and quarterly contributions (Banking Deposit Guarantee Fund) and special contributions for financial stability made by banks. Leasing companies are allowed to deduct provisions for recovery claims relating to non-recovering loans and interest rates, if it meets certain conditions. 11

12 BSEC Special Deductions for banking and finance In Armenia banks, lending organizations, investment companies and insurance companies may deduct bad and doubtful debts in accordance with the procedure established jointly by the authorized body of the government of Armenia and the Central Bank of Armenia. In addition, the gross income of banks, lending organizations, stock funds, investment companies or insurance companies may be reduced by a reserve for possible losses in accordance with the procedure established jointly by the authorized body of the government of Armenia and the Central Bank of Armenia. 12

13 BSEC Special Deductions for banking and finance In Serbia Banks may deduct the net increase in the amount of the general bad debt provision during the tax year, in conformity with the regulations of the National Bank. In Romania the mandatory credit risk provisions, are deducable if established by banks, credit institutions or nonbanking financial institutions (leasing companies) in accordance with NBR norms. In Albania certain levels of provisions and special reserves specified by regulations regarding insurance companies and financial-service companies. 13

14 BSEC Special Deductions for banking and finance In Georgia: Banks, credit unions and insurance companies may deduct certain provisions from their gross income of the reporting year in accordance with the rules established by the NBG. Banks and credit unions may deduct allocations to reserves for bad debts if doubtful receivables have been written off in their financial accounting books. Insurance companies may deduct from their gross income of a reporting year net insurance losses incurred in the same reporting period, excluding income from regression and survived property. Leasing companies may deduct from their gross income allowances for bad debts related to leasing activities according to the rules set by the Minister of Finance of Georgia. 14

15 Moldovan losses tax relief In Republic of Moldova the tax losses can be carried forward in equal instalments, for 3 years following the year in which the losses were incurred. Tax losses can not be carried back. The loss carry forward is allowed, provided the Company records taxable incomes. 15

16 BSEC loss carry forward period Years 16

17 BSEC loss carry forward period In Georgia on request of a taxpayer, the loss carry forward period may be extended to 10 years. In Russian Federation the time limit does not apply to the taxpayers with the status of resident of industrial special economic zone. The Ukrainian Tax legislation does not restrict the carry forward of losses. In all BSEC countries the losses can not be carried back. However, the carry back of a tax loss within a year may be technically possible in Ukraine, because taxpayers complete their CPT return cumulatively. 17

18 BSEC VAT exemption The financial sectors activities are generally exempted of VAT. The VAT exemption for the financial sector has the likely consequence that, assuming that some input VAT is irrecoverable and passed-through into prices of financial services. 18

19 Financial operations and transactions VAT exemptions Granting or transferring of loans, credits, credit guarantees and any other collateral for monetary transactions, inter alia management of credits and credit guarantees issued; Transactions related to servicing of deposits and accounts of clients, settlements, money transfers, loan obligations and payment instruments; Transactions related to the circulation of legal tender - currency, money and bank notes (except for those used for numismatic purposes), other than cash collection services; Transactions and relevant services related to circulation of share of authorized capital, stocks, bonds, certificates, bills, checks, and other securities (other than physical safekeeping and registering of securities); Transactions and services related to financial derivatives and synthesis instruments, forwarding agreements, options, and similar instruments. Armenia, Azerbaijan, Bulgaria, Georgia, Moldova, Romania, Russia, Ukraine (total or partial exemption apply). 19

20 Financial operations and transactions VAT exemptions Services related to management of investment funds Armenia, Bulgaria, Georgia, Moldova, Romania. Insurance and re-insurance services Armenia, Azerbaijan, Bulgaria, Georgia, Moldova, Romania, Russia, Ukraine. Supply or import of national or foreign currency (except for that used for numismatic purposes) and of securities Romania, Georgia, Moldova (total or partial exemption apply). 20

21 Bank levies Moldovan commercial banks participate in the pooling of Banking Deposit Guarantee Fund by annual obligatory payment, initial and quarterly contributions. For the period , Moldovan commercial banks pay an annual special tax for financial stability: for the period , the special tax is computed as of private individuals deposits recorded in banks balance sheets as at 31 December of the respective year; for 2014, the tax will be calculated as the difference between MDL 100 million (Euro 6,4 million) and the total amount of tax collected from banks during , proportional to the amount of private individuals deposits recorded in banks balance sheets as at 31 December

22 Bank levies Greece bank debt is subject to a special levy of 0,6% annually on the loan value. The European Union financial transaction tax (EU FTT) proposal The proposed EU FTT would be separate from a bank levy, which some governments are also proposing to impose on banks. Several countries have legislative initiative to apply an additional duty to banks (e. g. Romanian proposal of solidarity tax on profits derived by the financial services sector). Generally such bank levies are not applied on the income/accounting result of the bank (as the case for CIT), but are in principle levied on the (relevant) assets, liabilities or capital of the bank. 22

23 THANK YOU FOR YOUR ATTENTION! 23