Netherlands Antilles Tax Guide

Transcription

1 Netherlands Antilles Tax Guide 2010

2 FOREWORD For any business looking to set up in a new market, one of the critical deciding factors will be the target country s tax regime. What is the corporate tax rate? What capital allowances can we benefit from? Are there double tax treaties? How will foreign source income be taxed? Foreword Since 1994, the PKF network of independent member firms, which is administered by PKF International Limited, has produced the PKF Worldwide Tax Guide (WWTG) to provide businesses with the answers to these key tax questions. This handy reference manual provides clients and professional practitioners with comprehensive international tax and business information for over 100 countries throughout the world. As you will appreciate, the production of the WWTG is a huge team effort and I would like to thank all the member firms of the PKF network who gave up their time to contribute the vital information on their country s taxes that forms the heart of this publication. I would also like thank Richard Jones, PKF (UK) LLP, Kevin Reilly, PKF Witt Mares, and Rachel Yeo and Scott McKay, PKF Melbourne for co-ordinating and checking the entries from within their regions. This year s WWTG is the largest ever reflecting both how the PKF network is growing and the strength of the tax capability offered by member firms throughout the world. I hope that you find that the combination of reference to the WWTG plus assistance from your local PKF member firm will provide you with the advice you need to make the right decisions for your international business. Mark Pollock PKF Perth Chairman, International Tax Committee of the PKF network I

3 IMPORTANT DISCLAIMER This publication should not be regarded as offering a complete explanation of the taxation matters that are contained within this publication. Disclaimer This publication has been sold or distributed on the express terms and understanding that the publishers and the authors are not responsible for the results of any actions which are undertaken on the basis of the information which is contained within this publication, nor for any error in, or omission from, this publication. The publishers and the authors expressly disclaim all and any liability and responsibility to any person, entity or corporation who acts or fails to act as a consequence of any reliance upon the whole or any part of the contents of this publication. Accordingly no person, entity or corporation should act or rely upon any matter or information as contained or implied within this publication without first obtaining advice from an appropriately qualified professional person or firm of advisors, and ensuring that such advice specifically relates to their particular circumstances. PKF International is a network of legally independent member firms administered by PKF International Limited (PKFI). Neither PKFI nor the member firms of the network generally accept any responsibility or liability for the actions or inactions on the part of any individual member firm or firms. II

4 PREFACE The (WWTG) has been prepared to provide an overview of the taxation and business regulation regimes of over 100 of the world s most significant trading countries. In compiling this publication, member firms of the PKF network have sought to base their summaries on information current as of 30 September 2009, while also noting imminent changes where necessary. Preface On a country-by-country basis, each summary addresses the major taxes applicable to business; how taxable income is determined; sundry other related taxation and business issues; and the country s personal tax regime. The final section of each country summary sets out the Double Tax Treaty and Non-Treaty rates of tax withholding relating to the payment of dividends, interest, royalties and other related payments. While the WWTG should not to be regarded as offering a complete explanation of the taxation issues in each country, we hope readers will use the publication as their first point of reference and then use the services of their local PKF member firm to provide specific information and advice. In addition to the printed version of the WWTG, individual country taxation guides are available in PDF format which can be downloaded from the PKF website at Finally, PKF International Limited gladly welcomes any comments or thoughts readers may wish to make in order to improve this publication for their needs. Please contact Kevin F Reilly, PKF Witt Mares, Eaton Place, Suite 440, Fairfax, Virginia 22030, USA by to kreilly@pkfwittmares.com PKF INTERNATIONAL LIMITED APRIL 2010 PKF INTERNATIONAL LIMITED ALL RIGHTS RESERVED USE APPROVED WITH ATTRIBUTION VI

5 ABOUT PKF INTERNATIONAL LIMITED PKF International Limited (PKFI) administers a network of legally independent firms. The PKF network is the 11th largest global accountancy network with over 240 legally independent member and correspondent firms which have a combined annual turnover of $1.9 billion. Located in 125 countries, the member firms of the PKF network share a commitment to providing clients with high quality, partner-led services tailored to meet each client s own specific requirements. The membership base of the PKF network has grown steadily since it was formed in Added to the sustained growth in the number of PKF member firms, this solidity has provided the foundations for the global sharing of expertise, experience and skills and the development of services that meet the evolving needs of all types of client, from the individual to the multi-national corporation. Services provided by member firms include: Assurance & Advisory Insolvency Corporate & Personal Financial Planning Taxation Corporate Finance Forensic Accounting Management Consultancy Hotel Consultancy IT Consultancy Introduction PKF member firms are organised into five geographical regions covering Africa; Latin America and the Caribbean; Asia Pacific; Europe, the Middle East & India (EMEI); and North America. Each region elects representatives to the board of PKF International Limited, which administers the network. While the member firms remain separate and independent, international tax, corporate finance, professional standards, audit, hotel consultancy and business development committees also work together to improve quality standards, develop initiatives and share knowledge across the network. Please visit for more information. VII

6 STRUCTURE OF COUNTRY DESCRIPTIONS A. TAXES PAYABLE FEDERAL TAXES AND LEVIES COMPANY TAX CAPITAL GAINS TAX BRANCH PROFITS TAX SALES TAX/VALUE ADDED TAX FRINGE BENEFITS TAX LOCAL TAXES OTHER TAXES B. DETERMINATION OF TAXABLE INCOME Structure CAPITAL ALLOWANCES DEPRECIATION STOCK/INVENTORY CAPITAL GAINS AND LOSSES DIVIDENDS INTEREST DEDUCTIONS LOSSES FOREIGN SOURCED INCOME INCENTIVES C. FOREIGN TAX RELIEF D. CORPORATE GROUPS E. RELATED PARTY TRANSACTIONS F. WITHHOLDING TAX G. EXCHANGE CONTROL H. PERSONAL TAX I. TREATY AND NON-TREATY WITHHOLDING TAX RATES VIII

7 INTERNATIONAL TIME ZONES AT 12 NOON, GREENWICH MEAN TIME, THE STANDARD TIME ELSEWHERE IS: A Angola...1 pm Argentina...9 am Australia - Melbourne...10 pm Sydney...10 pm Adelaide pm Perth...8 pm Austria...1 pm B Bahamas...7 am Bahrain...3 pm Barbados...8 am Belgium...1 pm Belize...6 am Bermuda...8 am Bolivia...8 am Botswana...2 pm Brazil am Brunei...8 pm Bulgaria pm C Cameroon...1 pm Canada - Toronto...7 am Winnipeg...6 am Calgary...5 am Vancouver...4 am Cayman Islands am Chile...8 am China - Beijing pm Colombia...7 am Costa Rica...6 am Croatia...1 pm Cyprus...2 pm Czech Republic pm D Denmark...1 pm Dominican Republic am E Ecuador...7 am Egypt...2 pm El Salvador...6 am Estonia...2 pm F Fiji...12 midnight Finland...2 pm France pm G Gambia (The) noon Germany...1 pm Ghana noon Greece...2 pm Grenada...8 am Guatemala...6 am Guernsey noon Guyana...8 am H Hong Kong...8 pm Hungary...1 pm I India pm Indonesia pm Ireland noon Israel...2 pm Italy...1 pm J Jamaica...7 am Japan...9 pm Jersey noon Jordan...2 pm K Kazakhstan...5 pm Kenya...3 pm Korea...9 pm Kuwait...3 pm L Latvia...2 pm Lebanon...2 pm Leeward Islands (Nevis, Antigua, St Kitts)....8 am Libya...2 pm Liberia noon Lithuania...2 pm Luxembourg...1 pm M Malaysia...8 pm Malta...1 pm Mauritius...4 pm Mexico...6 am Morocco noon N Namibia pm Netherlands (The) pm Netherlands Antilles am New Zealand midnight Nigeria...1 pm Norway...1 pm O Oman...4 pm P Panama am Papua New Guinea pm Peru...7 am Philippines...8 pm Poland pm Portugal...1 pm Puerto Rico...8 am Q Qatar am Romania...2 pm Russia - Moscow/St Petersburg pm S Sierra Leone noon Singapore...7 pm Slovak Republic pm South Africa...2 pm IX Time Zones

8 Spain...1 pm Swaziland...2 pm Sweden...1 pm Switzerland...1 pm T Taiwan...8 pm Tanzania...3 pm Thailand...7 pm Trinidad and Tobago am Turkey...2 pm Turks and Caicos Islands am Time Zones U Uganda...2 pm Ukraine...2 pm United Arab Emirates pm United Kingdom (GMT) 12 noon United States of America - New York City am Washington, D.C am Chicago...6 am Houston...6 am Denver...5 am Los Angeles...4 am San Francisco am Uruguay...9 am V Vanuatu...11 pm Venezuela...8 am Vietnam Z Zambia...2 pm X

9 Netherlands Antilles NETHERLANDS ANTILLES Currency: Netherlands Dial Code To: 599 Dial Code Out: 00 Antillean Guilder (ANG) Member Firm: City: Name: Contact Information: Delft Ruud van der Linde THE END OF THE NETHERLANDS ANTILLES FROM 10 OCTOBER 2010 The Netherlands Antilles will be dismantled on 10 October The islands of Curaçao and St. Maarten will become autonomous states like Aruba within the Kingdom of the Netherlands, albeit under certain conditions. Bonaire, Sint Eustatius and Saba (the BES islands) will become special communities of the Netherlands. A separate tax regime will apply for these islands. A. TAXES PAYABLE FEDERAL TAXES AND LEVIES COMPANY TAX Corporations resident in The Netherlands Antilles are subject to corporate income tax on their worldwide income. Corporations not established in The Netherlands Antilles are subject to corporate income tax in so far as they receive Antillean source income (non-resident taxpayers). The term corporation includes companies whose capital consists of shares, co-operatives and other legal entities which conduct business. The main type of corporation is the joint stock company with limited liability (NV). A corporation is resident in The Netherlands Antilles if it is incorporated under Antillean law or its place of effective corporate management is situated in the Netherlands Antilles. The standard rate is 30%, increased to 34.5% by a 15% island surcharge, which applies to all types of companies. Lower rates of 2% to 3% apply to offshore companies (like international holding companies) and certain types of onshore companies. For certain types of financial activities, a tax exempt status can be obtained. The taxable period in principle is the calendar year, unless the company has chosen a different period in its bylaws. Taxpayers are generally obliged to file a tax return every year, within six months following the end of the year concerned. Upon request, the tax inspector may grant an extension for filing the tax return until 18 months after the end of the financial year. Tax is payable when filing the tax return. A provisional tax return may be filed for the current year. CAPITAL GAINS TAX There is no special tax rate for capital gains, but gains and losses are included in the company s general taxable income. Income from qualifying participations is 95% or 100% exempt under the participation exemption. N BRANCH PROFITS TAX Antillean sourced income of non-resident companies is taxed at the same rates as applicable to resident companies. There is no additional branch profit tax. Sales tax/value added tax (VAT) In 1999, the Netherlands Antilles introduced a turnover tax in the Leeward Islands (Bonaire and Curaçao). Turnover tax is levied on the revenue from the sale of goods or the rendering of services, provided that the seller or service provider is an entrepreneur who is established in the relevant territory. In the Windward Islands a turnover tax is levied on the turnover of businesses (including services) established in the islands. The turnover tax both in the Leeward and Windward Islands is a cumulative tax. There is no credit for input turnover tax when goods or services are delivered at a subsequent level of the transactional chain. The turnover tax, however, is deductible for the calculation of the taxable profit for profit tax purposes. In the Windward Island the deduction is limited to 90% of the turnover tax paid. The tax is levied from entrepreneurs established in the Netherlands Antilles. The turnover tax is generally paid monthly. Turnover tax is levied at the rate of 5% in the Leeward Islands and at the rate of 3% in the Windward Islands. 1

10 Netherlands Antilles Curaçao and Bonaire levy excise duties on beer, cigarettes, liquor and petrol. The other islands do not levy excise duties except for petrol. FRINGE BENEFITS TAX (FBT) Benefits in kind are fully taxable on the basis of their real value. Fringe benefits include free housing, free cost and lodging. Certain fringe benefits are not taxed. For expatriates, a beneficial tax treatment towards certain fringe benefits is available. LOCAL TAXES In the Netherlands Antilles real estate tax is levied on a national level at a flat rate of 0.3% on the value of the real property. The local authority may levy an island surcharge of 15% to the amount of tax payable. OTHER TAXES A 4% property transfer tax is levied on the acquisition of real estate situated in The Netherlands Antilles. The Netherlands Antilles do not levy capital duty on the issued share capital of a NV. No net worth tax is levied in the Netherlands Antilles. B. DETERMINATION OF TAXABLE INCOME The taxable base is computed on an accrual basis and is determined on the basis of the total profit after deduction of all expenses and charges necessary to the realisation of that profit. Taxable profits can be offset against losses from the ten preceding years (loss carry-forward). There is no loss carry-back. The taxable profit is also reduced by certain exemptions and extra allowances such as investment allowances. INVESTMENT ALLOWANCE An investment allowance is granted in addition to depreciation of assets. This allowance is granted where an amount of more than ANG 5,000 is invested in the acquisition or improvement of capital assets to be used by the taxpayer within the Netherlands Antilles. Under the allowance, 8% of the invested amount may be deducted from the profits of that year and the following year. The allowance is increased to 12% when the investment is made for the construction of new buildings or for the improvement of existing buildings. The investment allowance does not reduce the costs of the assets for tax depreciation purposes. If the asset is transferred within six years (or 15 years for buildings), the investment allowance is recaptured by adding 8% (12% in the case of new buildings) to the profits of the year in which the asset was sold and the following year, subject to a maximum, however, of the amount previously deducted as investment allowance. It should be noted that investment in assets such as land, residential buildings, yachts, securities, claims and goodwill do not qualify for the investment allowance. N DEPRECIATION Depreciation of assets is calculated by taxpayers according to accepted commercial practice. It is acceptable commercial practice that depreciation is calculated according to the useful life of the asset. The straight-line method is usually applied, though the declining-balance method is also permitted. However, the method chosen must be applied with consistency. Depreciation is not allowed for land. STOCK/INVENTORY Inventory is valued for tax purposes according to Netherlands Antilles accounting standards. The cost price is equal to the acquisition price or production cost. Stock (inventory) is valued according to the LIFO method though the FIFO is also accepted. Obsolete stock may be written off. CAPITAL GAINS AND LOSSES Capital gains or losses are assessed as normal corporate income and taxed accordingly. There is no special tax rate for capital gains. Capital gains realised on the disposal of shares derived by a Netherlands Antilles company are for 95% or 100% exempt if the requirements of the participation exemption are met. DIVIDENDS The Netherlands Antilles do not levy withholding tax on dividends. A Dividend Withholding Tax Act has been introduced and will enter into force on a date to be set by Decree. INTEREST DEDUCTIONS Interest is generally deductible but certain limitations apply: or to make distributions to shareholders or to purchase the shares of a related company, unless the transaction is entered into for business purposes or the 2

11 Netherlands Antilles entity to whom the interest is paid is subject to profit tax at a rate, which is considered to be reasonable by Netherlands Antilles standards; raised or borrowed from persons other than banks, if an advance ruling is obtained from the tax authorities in order to ensure that the interest payments qualify for deduction; deductible if the average amount of the loan during a year exceeds three times the equity of the borrowing company. LOSSES Losses may be offset against the taxable profits of the following ten years. There is no loss carry-back. FOREIGN SOURCE INCOME Foreign-sourced income is included in the worldwide income of Netherlands Antilles residents. However, in most cases, foreign-sourced income is wholly or partially exempt from taxation on the Netherlands Antilles, unilaterally or under double tax treaties. The Netherlands Antilles do not apply CFC rules. INCENTIVES Tax incentives are widely offered to various onshore and offshore companies. For onshore companies the Netherlands Antilles offers Free Zones and special incentives for the manufacturing industry, hotels, land development corporations, shipping and airlines companies. In addition, the Netherlands Antilles offers a tax exempt status for certain financial companies and special incentives for financial services companies, captive insurance companies, international holding companies, royalty companies and mutual funds. PARTICIPATION EXEMPTION The participation exemption generally applies for shareholdings of at least 5% of the paid-up capital of a company with a capital dividend into shares, or if the interest represents an investment of at least ANG 890,000. If the participation exemption is available, dividends and capital gains arising in respect of a foreign shareholding owned by a company are for 100% exempt from corporate income tax. For certain participations which earn passive investment income and are subject to tax at a rate below 10%, the participation exemption is reduced to 70%, which will result in an effective tax rate of just over 10%. C. FOREIGN TAX RELIEF Under the participation exemption, companies are taxed on the net amount of dividends received from overseas, i.e. dividends less withholding tax paid in the country from which the dividends are distributed. There is no compensation or credit for corporate tax on the profits out of which the dividend is distributed. Foreign royalties and interest are also subject to tax on the net amount received. Unilateral relief is given by a deduction of foreign tax from the gross foreign income or under the participation exemption. Bilateral relief is provided under the Tax Regulation for the Kingdom with Aruba and the Netherlands. N D. CORPORATE GROUPS Groups may not elect to be taxed on a consolidated basis or to transfer losses among their members. E. RELATED PARTY TRANSACTIONS The Netherlands Antilles do not provide for transfer pricing adjustments with regard to transactions which do not meet the arm s length principle. F. WITHHOLDING TAX The Netherlands Antilles do not levy withholding taxes on dividends, interests, royalties and rentals nor on personal services. A Dividend Withholding Tax Act has been introduced, and will enter into force on a date to be set by Decree. G. EXCHANGE CONTROL There are no currency restrictions on the settlement of foreign currency obligations by non-residents or residents with non-resident status, such as Netherlands Antilles subsidiaries and branches, other than a requirement for a licence in certain cases. Licences are usually granted on application, subject to verification of the facts. 3

12 Netherlands Antilles Non-residents can convert local currency that has been acquired. Approval is readily given to foreign investors for repatriation of local investments. A 1.3% duty is levied on all foreign exchange transactions. However, by governmental decree, payments made by certain entities and enterprises, among others, international companies and pension funds, are exempted from payments of the foreign exchange tax. The foreign exchange regulations in the Netherlands Antilles are quite flexible. Whereas current transactions are free, capital transactions are prohibited unless a licence is granted by the bank. This negative system with regard to capital transactions, is compensated, however, by a liberal licensing system. Offshore corporations are required to obtain a foreign exchange licence or permit from the central bank. The licence releases the licensee from all exchange control regulations, and exempts the offshore company from the payment of the foreign exchange tax on remittances in foreign currency. H. PERSONAL TAX Individuals resident in The Netherlands Antilles are subject to personal income tax on their worldwide income. Non-residents are liable for personal income tax only on Antillean source income The residence of an individual is determined by actual circumstances in respect of the centre of his vital interests. One of the most relevant considerations is whether the individual has permanent personal or economic ties with the Netherlands Antilles. The tax year equals the calendar year. With the exception of employment income, business income and certain periodical payments, the net income of married persons is considered to be joint income for tax purposes from the first tax year commencing after the date of marriage. Individual income tax is levied on the total net annual income derived in the Netherlands Antilles or abroad. The tax is assessed each year on the aggregate of the net amounts from each category of income realised during the preceding year. There are four categories of income, namely: (1) income from real estate (an exemption is available for capital gains) (2) income from movable capital (an exemption is available for capital gains) (3) business and employment income; and (4) rights on periodical payments. Employment income is subject to wage tax and social security contributions (levied by withholding). Several deductions and allowances may be available. For the year 2009 the rates are: N Taxable income (ANG) Tax on lowest amount (ANG) up to 25,514 10% 25,514 to 38,271 2, % 38,271 to 53,154 4, % 53,154 to 79,730 7, % 79,730 to 112,685 14, % Over 112,685 25, % Rate on excess The tax is increased by an island surcharge which for Curaçao is 30% and for all other islands 25%. The social security contribution rate is 9.35%. Certain types of income may benefit from special rates of 5% (savings income) or 15% (substantial interest income). Qualifying pensioners (penshonado) may benefit from a special regime. An individual of at least 50 years of age who was a resident of a foreign country for at least 60 consecutive months prior to taking up residence in the Netherlands Antilles may qualify as penshonado after requesting a residence permit. The individual is also required to purchase a residence in the Netherlands Antilles with a value of at least ANG 450,000 within 18 months after registration with the civil register. In addition, the individual s income must be derived from foreign sources, such as pensions or dividends and capital gains derived from investments made primarily outside the Netherlands Antilles, interest on funds held in Netherlands Antilles bank accounts, or, from another foreign source such as an annuity. The penshonado may choose between being taxed at the rate of 10% on worldwide foreign-source income or on a fixed amount of ANG 500,000 at the normal rates. In the latter case, he will not 4

13 Netherlands Antilles be entitled to the benefits of the Tax Regulation for the Kingdom of the Netherlands. Once the individual has made an election, it will apply for at least three years. The Inheritance Tax Act provides for two forms of taxes, gift tax and inheritance tax. In general, these taxes are payable by the person receiving a donation or an inheritance. There are several exemptions for both gift tax and inheritance tax depending on the circumstances. The rates are the same for both taxes and depend on the value of what is received and the degree of the relationship. There is a minimum rate of 2% and a maximum rate of 24%. I. TREATY AND NON-TREATY WITHHOLDING TAX RATES The Netherlands Antilles do not levy withholding taxes on dividends, interests, royalties and rentals nor on personal services. Because, with the exception of Aruba, the Netherlands is the only country with a tax treaty in force with the Netherlands Antilles, Antillean companies are often used as a holding company of a Dutch company (this structure is known as the Dutch sandwich ). Dutch dividend withholding tax can be further reduced to nil by interposing a Dutch co-operative association. Individuals/ companies (%) Dividends Interest Royalties Qualifying companies (1) (%) (%) (%) Non-treaty countries: Treaty countries: Aruba 15 5/7.5 (1) 10 0 The Netherlands 15 5/7.5 (1) The tax rate is 5% if the recipient company is tax at a rate of at least 5.5%. N 5

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