Module II: Corporate Tax Planning Update: Mexico
|
|
- Clement Strickland
- 8 years ago
- Views:
Transcription
1 Module II: Corporate Tax Planning Update: Mexico 11th Annual Latin American Tax Conference Miami, Florida March 2010 Leobardo Tenorio Tijuana Luis Adrian Jimenez Mexico City Jaime Gonzalez-Bendicksen Cd. Juarez John McLees Chicago Hector Reyes Mexico City
2 Agenda Defining the Mexican Vehicle Financing Mexican Operations / Interest Payments Tax Consolidation Single Rate Tax (IETU) Maquiladora Structure, a good option for manufacturing operations in Mexico 2
3 Defining the Mexican Vehicle 3
4 Type of Vehicles Mexican corporation (S.A. de C.V.) or (S. de R.L. de C.V.) Permanent Establishment Business Trust Silent Partnership (AenP) 4
5 Mexican Corporations Presence in Mexico Mexican corporation (S.A. de C.V.) Mexican LLC. (S. de R.L. de C.V.) From a tax perspective, a Mexican Corporation and a Mexican LLC., are taxed the same way. An S. de R.L de C.V. is chosen for those who checked the box in the U.S. 5
6 Permanent Establishment Establish one: Corporate formalities (registration of a branch) and issues. Subject to all taxes in Mexico. Legal issues in general / Legal exposure for partners or shareholders of the foreign entity. Registration formalities. 6
7 Use of Trust Business trust is not fully viewed as a pass-trough entity Profits are taxed at Trustee level Losses can only be used by the trust Other issues PE issues VAT issues Tax compliance & reporting 7
8 Silent Partnership Asociación en participación (AenP) are defined as corporate taxpayers Special and broad definition for tax purposes Taxed at the AenP level Parties considered as stockholders No withholding on dividends Planning opportunities to PE 8
9 Financing Mexican Operations Interest Payments 9
10 To Cover Issues to Consider when dealing with loans. Re-characterization of interest as dividends. SOFOM: A Viable Alternative. 10
11 Issues to Consider when dealing with loans Thin capitalization limitations (3 to 1 ratio). Re-characterization of interest as dividends. Rates subject to transfer pricing rules. 11
12 Re-characterization of Interest as Dividends. Deductibility issues. Broad definition of back to back. Provisions dealing with back-to-back loans were amended during 2007 making them quite broad in how such loans are defined. If re-characterized, the applicable tax may be 42.86% (for ; 40.85% for 2013). Use of the CUFIN account? 12
13 SOFOM: A Viable Alternative Establish a non-regulated Mexican financial entity, Sociedad Financiera de Objeto Múltiple or SOFOM. Minimal regulatory requirements. A SOFOM may be used as the entity to a conduit for the loan. 13
14 SOFOM: A Viable Alternative An advantage to using a SOFOME is that there would be no thin cap requirements on loans. Preferential 4.9% interest withholding on payments made by the SOFOM to the U.S. company. There would be no VAT on the interest charged to the loans that it grants. 14
15 SOFOM: A Viable Alternative In respect of the IETU, a SOFOM is entitled to deduct the interest, because their taxable revenue should be the operational financial margin the have (active interest less passive interest). 15
16 Tax Consolidation 16
17 With the recent reforms Is the tax consolidation regime still a planning toll? Five years deferral benefit. Alternatives against the recent changes? To avoid the recapture of benefits To avoid the double payment 17
18 Single Rate Tax (IETU) 18
19 IETU Issues Sale of real estate or relevant fixed assets acquired prior to FY It is not possible to claim the remainder of the balance of the tax credit; therefore, the total consideration (sales price) is taxable for IETU purposes. Alternative: Migration of the Mexican which is the owner of the real estate/assets would trigger a deemed liquidation for income tax purposes but not for IETU purposes. The subsequent sale of the assets will not be taxable for IETU purposes. 19
20 IETU Issues Differences in the timing of the recognition of revenues for Income tax and IETU purposes. In several cases, there is double taxation on revenues. This is mainly for revenues that are invoiced in one year (taxable for income tax purposes) and collected in the next year (taxable for IETU purposes). Alternative: It is possible to voluntarily anticipate the recognition of revenues for IETU purposes. This means to tax revenues for IETU purposes on an accrual basis (as for income tax purposes) rather than on a cash basis. 20
21 IETU Issues Expiration of excess in IETU credits, except those generated for having a negative IETU base (when deductions are higher than revenues). It is not possible to carry forward IETU credits (mainly those related to salaries, social security and fixed assets credits) when: i) there is no IETU in any given year; ii) the IETU of the year is covered with the income tax paid; iii) the IETU of the year is covered with the credit generated by a negative base for IETU purposes; or iv) the IETU of the year is covered with salaries, social security and fixed assets credits, but there is an amount left of those credits. Alternative: Increase the amount of IETU triggered in any given year. This can be done anticipating revenues or delaying deductions. 21
22 IETU Issues No reduction in IETU prepayments. The income tax law allows to reduce prepayments in the second half of the year, even without a ruling or a written authorization. - Alternative: Although there is not an express provision in the IETU law allowing taxpayers to request reduction in IETU prepayments during a fiscal year, given the linkage between the income tax law and the IETU law, it would be possible to request a reduction in IETU prepayments. 22
23 IETU Issues IETU does not create balance in the net after tax profit account (CUFIN). Income tax payments related to the taxable profits increase the CUFIN balance. This balance controls profits for which taxes have been already paid; therefore, they can be distributed without having to pay income tax. However, the IETU payments do not increase the CUFIN balance and thus it is not possible to pay dividends without triggering income tax. - Alternative: If a taxpayer anticipates to trigger IETU at the end of the year, it would be possible to distribute dividends out the CUFIN balance and pay income tax voluntarily. This income tax paid would be creditable against the annual IETU. 23
24 IETU IETU Issues Payments of interest on loans granted are not deductible for IETU purposes. - Alternative: Avoid loan transactions as much as possible. Use another financial structure, for instance: acquiring assets being financed directly by suppliers. In this case the interest charged by the supplier is deemed part of the consideration, therefore, deductible for IETU purposes. 24
25 IETU Issues Payments of royalties to related parties are not deductible for IETU purposes. - Alternative: Review the nature of the payments. If there were royalty payments derived from technical assistance or know how, subject to a further- detailed analysis, those payments can be considered deductible for IETU purposes. In case of acquisition of inventories or services and payment of royalties, check if the amount of royalties can be embedded in the consideration paid for the inventories or services (subject to an analysis from a customs standpoint). 25
26 Maquiladora Structure A good option for manufacturing operations in Mexico 26
27 Maquiladora Typical Flow of Goods Customers Parent Company WORLD / US MEX Materials and M&E Finished Goods MAQUILADORA 27
28 Alternative Contractual Structures for Using a Mexican Affiliate to Manufacture in Mexico Buy/Sell MexCo manufactures for its own account MexCo buys raw materials and components and the M&E (often from its U.S. affiliate) MexCo also must pay royalties and technical assistance fees to USCo for know-how/assistance. Consignment Manufacturing USCo owns some M&E, materials, finished goods USCo contracts with MexCo to produce the products USCo can sell finished products to a Mexican OEM or first tier supplier in Mexico OR to MexCo for resale to the Mexican OEM or first tier supplier MexCo as importer of Record In any case MexCo is the importer of materials, components and the M&E 28
29 Advantages of Consignment Manufacturing With USCo Owning the Inventory and M&E Economic return on M&E is in USCo Especially useful if USCo has losses for tax purposes MexCo earns a return on M&E that it owns (taxed in Mexico) Reflected in its profit on purchase and sale of goods or in its cost-plus markup Moving asset ownership to USCo normally reduces taxable income in Mexico Another US tax benefit Enables USCo to generate foreign source income on sales of products received from MexCo Can increase ability of USCo to get a credit for its foreign income taxes against its U.S. income tax liability 29
30 First Big Tax Benefit of Using a Maquiladora / IMMEX Program VAT Exemptions / 0% Rate Zero VAT on Temporary Importation By a Maquila Zero VAT on Maquiladora Transfers (i.e. sales of the maquiladora s finished product in connection with a delivery of that product) Delivery in Mexico to another maquiladora Delivery in Mexico to an automotive OEM Physical export of the products from Mexico Direct delivery to a party in Mexico accomplished using virtual pedimentos a deemed export and reimportation 30
31 First Big Tax Benefit of Using a Maquiladora / IMMEX Program VAT Exemptions / 0% VAT Zero VAT on Maquiladora Invoices for the Processing Fee for Consignment Manufacturing Applies only to processing services provided under a maquiladora program Issue Does exemption apply if some of maquiladora s production is delivered directly in Mexico with a change of customs regime Not an issue with use of virtual pedimentos cause direct delivery in Mexico to be treated as an export for all purposes. 31
32 Second Big Tax Benefit of Using a Maquiladora / IMMEX Program Using Consignment Mfg. A Maquiladora Can Engage in Consignment Manufacturing of USowned Inventory (Using M&E Owned by USCo made available on free bailment) Usually minimizes total global income tax liability But this results in Mexican tax exposures for USCo from owning M&E in Mexico if MexCo is not a Maquiladora - Risk of a Permanent establishment (a PE ) in Mexico i.e. Mexico taxes USCo on part of USCo s net income that Mexico determines is attributable to a PE of USCo in Mexico Not a conversation that USCo wants to have with Mexico This would prevent use of consignment manufacturing 32
33 Second Big Tax Benefit of Using a Maquiladora / IMMEX Program Using Consignment Mfg. Only a Maquiladora Can Protect USCo from PE Liability Arising from Consignment Mfg. Mexican legislation implements the U.S.-Mexico Mutual Agreement on Maquiladora Taxation Mexican Law and the Mutual Agreement provide for PE exemption for USCo contracting with a maquiladora for consignment manufacturing IF the maquiladora meets defined standards for giving the maquiladora a defined portion of the return on the U.S.-owned assets 33
34 Second Big Tax Benefit of Using a Maquiladora / IMMEX Program Using Consignment Mfg. Requirements for PE Protection for USCo Maintain Maquiladora program and comply with regulations for temporary importation. Satisfy one of the following special pricing rules each year: Special transfer price for maquiladora processing TP = OECD compliant transfer price + 1% of value of the value of foreign owned M&E or Requirements for PE Protection for USCo 34
35 Second Big Tax Benefit of Using a Maquiladora / IMMEX Program Using Consignment Mfg. or TP is sufficient to cause maquiladora to satisfy taxable income Safe Harbor taxable income = the greater of: 6.9% of asset base, including US-owned M&E, or 6.5% of the maquiladora s operating costs [note - safe harbor is a threshold for taxable income, not a TP rule] 35
36 Third Big Tax Benefit of Using a Maquiladora / IMMEX Program Lower Mexican Income Tax 2003 Decree Cuts the Income Tax Liability of Maquiladoras Themselves to 13% of Taxable Income or Less Reduces maquila s income tax liability by amount calculated under the decree Eliminates Mexican income tax altogether for many capital intensive maquiladoras Available for maquiladoras that engage in cross-border processing with some foreign owned M&E Including former PITEX companies Including automotive OEMs that become Maquilas 36
37 Third Big Tax Benefit of Using a Maquiladora / IMMEX Program Lower Income Tax Calculating the Maquiladora income tax incentive: First calculate the maquila s income tax liability Applying normal tax rates to income determined under normal maquiladora transfer pricing or safe harbor rules Then reduce that income tax by an amount = ( the income tax rate ) x ( greater of 3.5% of the operating costs of the maquiladora / IMMEX company and 3.9% of the total value of the assets of USCo and Maquila used by the maquila) 37
38 Fourth Big Tax Benefit of Using a Maquiladora / IMMEX Program Flexible Rules Unusual Flexibility In Minimizing the Global Tax Burden as a Result of Participating in the Maquiladora Program For a USCo with losses or low taxable income: Choose to transfer pricing alternative Minimizes or eliminates Mexican income tax For profitable USCo (esp. w/ a capital intensive maquila): Choose the safe harbor alternative US approves deduction of higher payment to Mexico Maximizes amounts to be deducted in the US (at roughly 40% effective tax rate) and taxed in Mexico at 17.5% Maximize those benefits by owning the maquiladora off-shore to facilitate redeployment of low-taxed earnings 38
39 Fifth Big Tax Benefit of Using a Maquiladora / IMMEX Program Control of IETU Liability Maquiladora Exposure to Mexico s New Single-Rate Tax ( IETU ) Is Limited Under 2007 Decree Maquiladoras (only maquiladoras) can apply IETU rate to their ordinary income tax base (under 11/5/07 decree) Limits IETU liability of a maquiladora to 17.5% of its income tax base (less maquila s income tax payments) Greatly reduces IETU burden for company with consignment manufacturing (i.e. that does not own its own inventory) Result combined income tax and Single-Rate Tax burden of 17.5% of the income tax base preserves tax advantage for maquiladoras 39
40 Fifth Big Tax Benefit of Using a Maquiladora / IMMEX Program Control of IETU Liability Remaining Issues and Concerns for Maquiladoras under the 2007 Decree Relief is limited to the period What happens next? Errors in decree in calculating the benefit for a Maquila that also conducts non-maquila activities (e.g. purchase of finished products for resale in Mexico) Decree may not eliminate the PE risk for US companies under the IETU (i.e. IETU exposure for USCo) Note This Relief Is Not Applicable to Employee Services Companies 40
41 Transforming Former PITEX (or OEM) Operations to Consignment Manufacturing Many Former PITEX Companies Are Restructuring Transactions with USCo or other Foreign Affiliates to Consignment Manufacturing (from Buy/Sell) Shift ownership for inventory and economic return to USCo or other foreign company Sale of inventory currently owned by the Maquila to USCo (to make available for use by the Maquila) Major potential tax savings available in almost all cases: If group is highly profitable or unprofitable If operation is capital intensive or labor intensive OEMs Could Also Restructure in This Way with Similar Savings 41
42 Transforming Former PITEX (or OEM) Ops. to Consignment Manufacturing - Dealing with M&E USCo also needs to own or lease at least some of the M&E and make it available to the Maquiladora on free bailment USCo should own equipment being sent to Mexico Possible sale of M&E by Maquila to USCo (or to US leasing company that leases M&E to USCo) Note potential IETU liability for Maquila on such sales Former PITEX need not transfer M&E to USCo if there is other USCo owned M&E made available to Maquiladora Recent proposal to eliminate most Maquiladora tax benefits to maquila and USCo if Maquila has transferred M&E to USCo 42
43 Transforming Former PITEX Operations to Consignment Manufacturing Customer Issues Can Maintain Transactions with the OEMs as Presently Structured Some Mexican OEMs may want to buy from a Mexican co. That doesn t interfere with using cross-border processing: USCo can sell maquila output to other MexCo for resale to OEM Note the VAT advantages for Mexican OEM if: OEM buys parts made by the maquila from USCo and OEM acts as the importer of record of the parts 43
44 Transforming Former PITEX Operations to Consignment Manufacturing Other Issues Communication with customers Relationship with customers need not change Advantage to Mexican OEM by allowing to purchase from FCo without VAT Changes to management reporting Changes to financial and other related systems Labor Notifying workforce Profit sharing Not necessary if an employee service company is already in place 44
45 Recommendations for Export Manufacturing: Almost always operate under the Maquiladora Program Use the typical consignment manufacturing contract Requires a transformation for most former PITEX companies Comply with special maquiladora tax rules to provide protection for the foreign company TP rule or safe harbor for maquila s taxable income) Take care in combining a Maquila contract with sales of the products to Mexican OEMs or distributors 45
46 Current Status of Proposed Amendments to the Maquiladora Decree Proposed limits on which maquiladoras would qualify for maquiladora tax regime Foreign-owned equipment could not be imported definitively or previously owned by the maquiladora Materials used to manufacture products majority would have to be owned by foreign party and imported from abroad Service maquiladoras and foreign affiliates would no longer qualify for maquiladora tax regime Proposals reviews by regulatory review agency ( COFEMER ) Further consideration by Ministries of Finance and Economy 46
47 Thank You Very Much Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a partner means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an office means an office of any such law firm.
Mexico s Auto Industry Conference Industry Analysis - Opportunities for Suppliers. Puebla, MX December 4-5, 2013
Mexico s Auto Industry Conference Industry Analysis - Opportunities for Suppliers Puebla, MX December 4-5, 2013 MEXICO S AUTO Industry Conference Puebla, MX December 4-5 2013 Manuel Padrón Castillo Luis
More informationMEXICO TAXATION GUIDE
THE FLORES LAW FIRM Attorney and Counselor at Law 9901 IH-10 West, Suite 800 San Antonio, TX 78230 TEL. (210) 340-3800 FAX (210) 340-5200 MEXICO TAXATION GUIDE I. RECOGNIZED MEXICAN BUSINESS ENTITIES A.
More informationAPEX and In-Bond programs
Supplementary materials X. Imports and exports from Mexico One of the priority objectives of Mexican foreign trade policy is to promote exports, especially non-petroleum exports. Achievement of this goal
More informationMexico Mergers and acquisitions involving Mexican assets
p84-88 IM&A - Chevez Rulz 21/03/2013 08:44 Page 84 Mexico Mergers and acquisitions involving Mexican assets by Ricardo Rendon and Layda Carcamo, Chevez, Ruiz, Zamarripa y Cia, S.C. Whenever a corporate
More informationModule IV: Corporate Tax Planning Update:
Module IV: Corporate Tax Planning Update: Colombia and Venezuela 11th Annual Latin American Tax Conference Miami, Florida 10-11 March 2010 Jaime Vargas, Sergio Corredor and Jorge Jraige Agenda COLOMBIA
More informationMexico. Key messages Extended business travelers are likely to be taxed on employment income relating to their Mexican workdays.
Mexico Introduction A person s liability for Mexican tax is determined by residence status for taxation purposes and the source of income derived by the individual. Contact Nora Solano KPMG in Mexico Director
More informationTURKEY CORPORATE TAX (KURUMLAR VERGISI) The basic rate of corporation tax for resident and non-resident companies in Turkey is 20%.
TURKEY CORPORATE TAX (KURUMLAR VERGISI) The basic rate of corporation tax for resident and non-resident companies in Turkey is 20%. Corporations in Turkey can be regarded as either limited or unlimited
More informationThe Netherlands as the European business hub for Indonesian companies
The Netherlands as the European business hub for Indonesian companies a tax perspective 2012 edition By Vinod Kalloe, KPMG Meijburg & Co Netherlands Amsterdam 19 September 2012, Jakarta, Indonesia Content
More informationFEDERAL TAXATION OF INTERNATIONAL TRANSACTIONS
Chapter 10 FEDERAL TAXATION OF INTERNATIONAL TRANSACTIONS Daniel Cassidy 1 10.1 INTRODUCTION Foreign companies with U.S. business transactions face various layers of taxation. These include income, sales,
More informationNew U.S.-Mexico Cross Border Corporate Tax Challenges
presents New U.S.-Mexico Cross Border Corporate Tax Challenges Planning and Compliance Strategies After the Latest Mexican Tax Reforms A Live 100-Minute Audio Conference with Interactive Q&A Today's panel
More informationEFFECTIVE INTERNATIONAL INTELLECTUAL PROPERTY STRATEGIES TO MITIGATE U.S. TAXES
EFFECTIVE INTERNATIONAL INTELLECTUAL PROPERTY STRATEGIES TO MITIGATE U.S. TAXES DENNIS S. FERNANDEZ INNA S. SHESTUL Fernandez & Associates, L.L.P. Fernandez & Associates, L.L.P. 1047 El Camino Real, Ste
More informationTAXATION OF INTEREST, DIVIDENDS AND CAPITAL GAINS IN CYPRUS
TAXATION OF INTEREST, DIVIDENDS AND CAPITAL GAINS IN CYPRUS LAWS AND DECREES The Income Tax (Amendment) Law of 2005 The Special Contribution for Defence (Amendment) Law of 2004 The Assessment and Collection
More informationTaxation of Cross-Border Mergers and Acquisitions
KPMG INTERNATIONAL Taxation of Cross-Border Mergers and Acquisitions Panama kpmg.com 2 Panama: Taxation of Cross-Border Mergers and Acquisitions Panama Introduction The signing of several Free Trade Agreements
More informationBelgium in international tax planning
Belgium in international tax planning Presented by Bernard Peeters and Mieke Van Zandweghe, tax division at Tiberghien Belgium has improved its tax climate considerably in recent years. This may be illustrated
More informationCross Border Tax Issues
Cross Border Tax Issues By Reinhold G. Krahn December 2000 This is a general overview of the subject matter and should not be relied upon as legal advice or opinion. For specific legal advice on the information
More informationTaxation and Investment in Mexico 2012
Taxation and Investment in Mexico 2012 Reach, relevance and reliability A publication of Deloitte Touche Tohmatsu Limited Contents 1.0 Investment climate 1.1 Business environment 1.2 Currency 1.3 Banking
More informationTAX CARD 2015 GREECE. Table of Contents
GREECE TAX CARD TAX CARD 2015 GREECE Table of Contents 1. Individuals 1.1 Personal Income Tax 1.1.1 Employment and Pension Income 1.1.2 Income from Individual Practices and Freelance Professions 1.1.3
More informationHow To Tax A Holding Company
Investing in Latin America through Spain: Planning Opportunities 11th Annual Latin American Tax Conference Miami, Florida 10-11 March 2010 Luis Carbajo, Isabel Otaola, Joaquin Kersman, Clarissa Machado,
More informationMexican Tax Law. Value Added Tax (VAT) is assessed on the consummation within the Mexican territory of the following types of transactions:
Mexican Tax Law By: Benjamin C. Rosen brosen@rosenlaw.com.mx Last Update: September 2006 INTRODUCTION Mexican companies (including subsidiaries of foreign companies), as well as permanent establishments
More informationTax Reform in Brazil and the U.S.
Tax Reform in Brazil and the U.S. Devon M. Bodoh Principal in Charge Latin America Markets, Tax KPMG LLP Carlos Eduardo Toro Director KPMG Brazil Agenda Overview of Global Tax Reform Overview Organization
More informationRecent Development of Tax Related Legislation and Judicial Decisions in Korea (2015)
IBA National Report Recent Development of Tax Related Legislation and Judicial Decisions in Korea (2015) Sunyoung Kim, Tax Partner (sunnykim@deloitte.com) Justin Sinchul Kang, Attorney (New York) (sikang@deloitte.com)
More informationFundamentals Level Skills Module, Paper F6 (HUN)
Answers Fundamentals Level Skills Module, Paper F6 (HUN) Taxation (Hungary) 1 Mr Darabos June 2011 Answers and Marking Scheme Marks (a) (i) Taxation of the holiday coupons Holiday coupons provided by an
More informationCorporate tax relief in Switzerland. Edition 2008
Corporate tax relief in Switzerland Edition 2008 Contents 3 Introduction Taxes in Switzerland 4 1. Qualifying Dividends and Capital gains 5 2. Newly established companies (tax holiday) 6 3. Holding companies
More informationM E M O R A N D U M LIMITED LIABILITY: KNOW THE LIMITS
M E M O R A N D U M TO: The Members or Managers FROM: Terri L. Giampetroni Legal Strategies, P.C. You have chosen to do business through the use of a Michigan limited liability company. Your company provides
More informationMEXICO S FLAT TAX (IETU) AND HOW IT AFFECTS U.S. INVESTORS IN MEXICAN REAL ESTATE PROJECTS. By Enrique Hernandez-Pulido 1
MEXICO S FLAT TAX (IETU) AND HOW IT AFFECTS U.S. INVESTORS IN MEXICAN REAL ESTATE PROJECTS Introduction. By Enrique Hernandez-Pulido 1 As of January 1, 2008, a new Flat Tax know as IETU 2 came into effect
More informationCambodia Tax Profile. kpmg.com.kh
Cambodia Tax Profile kpmg.com.kh Content 1 2 Tax Profile Income Tax Treaties for the Avoidance of Double Taxation 6 Indirect Tax (e.g. VAT/GST) 7 8 Personal Taxation Other Taxes 9 11 Free Trade Agreements
More informationGreece Country Profile
Greece Country Profile EU Tax Centre March 2013 Key factors for efficient cross-border tax planning involving Greece EU Member State Double Tax Treaties With: Albania Estonia Lithuania Serbia Armenia Finland
More informationSetting up your Business in SINGAPORE Issues to consider
SINGAPORE is commerce, industry, heritage, culture and entertainment all rolled into a little island of slightly over 700 square kilometres with a population of 5.4 million. Here at the crossroads of Asia,
More informationINFORMATION SHEET NO.54. Setting up a Limited Liability Company in Poland December 2008
INFORMATION SHEET NO.54 Setting up a Limited Liability Company in Poland December 2008 General The Commercial Companies Code (KSH) regulates all issues related to the establishment, activity and dissolution
More informationGLOBAL GUIDE TO M&A TAX
Quality tax advice, globally GLOBAL GUIDE TO M&A TAX 2013 EDITION www.taxand.com CYPRUS Cyprus From a Buyer s Perspective 1. What are the main differences among acquisitions made through a share deal versus
More informationMANAGING LEGAL RISKS IN MEXICO
MANAGING LEGAL RISKS IN MEXICO New Entrants and Continuing Operations James C. Bruno Butzel Long, a professional organization 150 West Jefferson, Suite 100 Detroit, Michigan 48226 bruno@butzel.com Tel:
More informationMEXICAN TAX BILL FOR 2016
MEXICAN TAX BILL FOR 2016 On September 8, 2015, the President sent to Congress the Tax Bill where some proposals are made to change current Mexican tax legislation. The main proposals are the following:
More informationUnited States Corporate Income Tax Summary
United States Corporate Income Tax Summary SECTION 1: AT A GLANCE CliftonLarsonAllen LLP 222 Main Street, PO Box 1347 Racine, WI 53401 262-637-9351 fax 262-637-0734 www.cliftonlarsonallen.com Corporate
More informationMinistry Of Finance VAT Department. VAT Guidance for on the Treatment of Motor Vehicles Version 4: November 1, 2015
Ministry Of Finance VAT Department VAT Guidance for on the Treatment of Motor Vehicles Version 4: November 1, 2015 Introduction This guide is intended to provide those selling or hiring vehicles by way
More informationMALTA: A JURISDICTION OF CHOICE
MALTA: A JURISDICTION OF CHOICE LONDON - September 2012 Doing business from Malta can make a huge difference for your business UHY BUSINESS ADVISORY SERVICES LIMITED Updated September, 2012 An attractive
More informationTAX PLANNING FOR THE FOREIGN REAL ESTATE INVESTOR
TAX PLANNING FOR THE FOREIGN REAL ESTATE INVESTOR Tax Benefits and Tax Traps By Richard S. Lehman & Associates Attorneys at Law TAX PLANNING FOR THE FOREIGN REAL ESTATE INVESTOR Tax Benefits and Tax Traps
More informationComing to America. U.S. Tax Planning for Foreign-Owned U.S. Operations
Coming to America U.S. Tax Planning for Foreign-Owned U.S. Operations September 2015 Table of Contents Introduction... 2 Tax Checklist for Foreign-Owned U.S. Operations... 2 Typical Life Cycle of Foreign-Owned
More informationTaxation and Investment in Mexico 2014
Taxation and Investment in Mexico 2014 Reach, relevance and reliability A publication of Deloitte Touche Tohmatsu Limited Contents 1.0 Investment climate 1.1 Business environment 1.2 Currency 1.3 Banking
More informationrepresents 70 percent of the Federal Government
GENERAL TAX ISSUES Income tax represents approximately 70 percent of the total tax revenue of the Australian Federal Government Income tax represents approximately 70 percent of the total tax revenue of
More informationTechniques for Repatriation of Funds
Techniques for Repatriation of Funds Baker & McKenzie 11th Annual Latin American Tax Conference March 10 and 11, 2010 The Biltmore Hotel, Coral Gables Florida Martin Barreiro- (Buenos Aires) Jaime Vargas
More informationtax bulletin State of Play: International Tax Policy in the 111 th Congress www.venable.com AUGUST 2010 By E. Ray Beeman and Samuel Olchyk
tax bulletin www.venable.com AUGUST 2010 State of Play: International Tax Policy in the 111 th Congress By E. Ray Beeman and Samuel Olchyk The 111th Congress will soon return from its summer recess to
More informationA History of Controlled Foreign Corporations and the Foreign Tax Credit
A History of Controlled Foreign Corporations and the Foreign Tax Credit by Melissa Redmiles and Jason Wenrich A s U.S. corporations have expanded their businesses overseas in the last several decades,
More informationTax for the Non-Tax Lawyer
Tax for the Non-Tax Lawyer Tuesday, September 9, 2014 Presented By: Thomas May, Partner, Baker & McKenzie LLP Alan Zoccolillo, Partner, Baker & McKenzie LLP 1 Agenda 2 Topics to be covered: Overview of
More informationtax planning strategies
tax planning strategies In addition to saving income taxes for the current and future years, tax planning can reduce eventual estate taxes, maximize the amount of funds you will have available for retirement,
More informationDOING BUSINESS IN GERMANY Overview on Taxation
DOING BUSINESS IN GERMANY Overview on Taxation March 2015 1. Introduction 1.1. Generally, taxes are administered and enforced by the competent local tax office. These local tax offices administer in particular
More informationHow to Buy U.S. Real Estate as a Non-U.S. Person
By Pieter A. Weyts1 October 15, 2014 How to Buy U.S. Real Estate as a Non-U.S. Person Navigating the tax considerations of buying U.S. real estate It happens every day in Miami and throughout the United
More informationThe use of Cyprus structures in international tax planning
The use of Cyprus structures in international tax planning Tax and other advantages Tax planning ideas - structures 1 Terms of reference Purpose - basis of preparation - assumptions: This presentation
More informationManaging payments from and to Latin America: Reducing your company's tax burden
Managing payments from and to Latin America: Reducing your company's tax burden Latin America 2010: Proactive Strategies for Doing Business in Today's Changing Landscape Miami, Florida March 17, 2010 Why
More informationMonaco Corporate Taxation
Introduction Monaco is a sovereign principality. France is a guarantor of the sovereignty and territorial integrity of Monaco, while Monaco is to conform to French interests. Although the Prince is the
More informationLuxembourg..Tax Regime. for Intellectual Property Income
Luxembourg.Tax Regime for Intellectual Property Income December 2009 Table of contents 1. Introduction... 2 2. Qualifying IP rights... 3 3. Tax benefits under the IP regime... 3 4. Conditions to benefit
More informationIncome Tax and Social Insurance
The Global Employer: Focus on Global Immigration & Mobility Income Tax and Social Insurance An employee who works abroad is always concerned about the possibility of increased income taxation and social
More informationIf you are planning on doing business in Mexico, knowledge of the investment environment and information on the legal, accounting and taxation
If you are planning on doing business in Mexico, knowledge of the investment environment and information on the legal, accounting and taxation framework are essential to keep you on the right track Doing
More informationSetting up your Business in Australia Issues to consider
According to a recent International Monetary Fund study, Australia is in the top ten wealthiest countries in the world. With an educated and skilled workforce, it presents great opportunity for expansion.
More informationinbound investment individual income tax controlled foreign company rule
Korea Key tax developments foreign investment in subsidiaries of Korean companies access to Korean FIU data VAT Korean tax law changes for 2014 and key tax developments A package of proposals to amend
More informationH.R. XXX Small Business Tax Relief Act of 2010
H.R. XXX Small Business Tax Relief Act of 2010 July 30, 2010 I. SMALL BUSINESS TAX RELIEF Provide small business tax relief by repealing certain information reporting requirements to corporations and to
More informationBunting, Tripp IngleyLLP
Dear Clients and Friends, As the end of 2011 approaches, now is a good time to start year-end tax planning to minimize your individual and business tax burden. Generally, year-end tax planning involves
More informationTAX ISSUES RAISED BY LNG PROJECTS
TAX ISSUES RAISED BY LNG PROJECTS Jon Lobb Baker Botts L.L.P. ABSTRACT This paper discusses tax issues that may be encountered by a company investing in an LNG project. 1. Income Taxes A seller's income
More informationCountry Tax Guide. www.bakertillyinternational.com
www.bakertillyinternational.com International Tax Contact Moscow Andrey Kirillov T: +7 (495) 783 88 00 a.kirillov@bakertillyrussaudit.ru Corporate Income Taxes Resident companies, defined as those which
More informationtax incentives Office for Economic Affairs (SPECo) Economic Promotion setting-up, establishing and developing businesses
Office for Economic Affairs (SPECo) Economic Promotion Ferring pharmaceuticals Alain Herzog / EPFL tax incentives setting-up, establishing and developing businesses E CONTENTS 3.... PROFIT AND CAPITAL
More informationTaxation of aircraft financing in Germany
Financial institutions Energy Infrastructure, mining and commodities Transport Technology and innovation Life sciences and healthcare Taxation of aircraft financing in Germany Briefing September 2013 1
More informationWhen to select APA and other Transfer Pricing options. Challenges and Opportunities for the Maquila Industry. 2014 Galaz, Yamazaki, Ruiz Urquiza, S.C.
When to select APA and other Transfer Pricing options Challenges and Opportunities for the Maquila Industry Agenda 1. Background 2. Type of Maquiladoras 3. APA as an option for PE exemption and compliance
More informationMexico. Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López. Von Wobeser y Sierra, S.C.
Mexico Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López Market overview 1 What kinds of outsourcing take place in your jurisdiction? In Mexico, a subcontracting regime (understood as the regime
More information2015 Tax reform outline
2 February 2015 Japan tax newsletter Ernst & Young Tax Co. 2015 Tax reform outline Contents Background of the 2015 tax reform Corporate taxation International taxation Consumption taxation Individual taxation
More informationFrom Storefronts to Servers to Service Providers: Stretching the Permanent Establishment Definition to Accommodate New Business Models
Taxes/March 2003 From Storefronts to Servers to Service Providers: Stretching the Permanent Establishment Definition to Accommodate New Business Models By Sandra P. McGill and Lowell D. Yoder Sandra P.
More information15. 2. 2. 2. Is Section 10d of the Corporate Income Tax Act consistent with Article 9 of the OECD Model Tax Convention?
CHAPTER 15. SUMMARY AND CONCLUSIONS 15. 1. Introduction The main question addressed in this PhD thesis is whether the restrictions placed by Dutch law on deducting interest for corporate income tax purposes
More informationDealing with tax complexities in Brazil
Dealing with tax complexities in Brazil By: Dudley Juana Anderson Dutra AGENDA Tax complexities in Brazil 1. Overview of main taxes in Brazil IRPJ and CSLL Gross Revenue Taxes: PIS and COFINS Indirect
More informationLEGAL FLASH I SHANGHAI OFFICE
LEGAL FLASH I SHANGHAI OFFICE Special edition 2013 INDEX UPDATE ON TAX REGULATIONS 2013 2 INTERIM PROVISIONS ON LABOR DISPATCH 5 UPDATE ON TAX REGULATIONS 2013 We started our special edition updates last
More informationNews Flash. September, 2015. Tax guide for property investment in Hungary
News Flash September, 2015 Tax guide for property investment in Hungary Tax guide for property investment in Hungary In our current newsletter we would like to inform you about the most important taxation
More informationHow Canada Taxes Foreign Income
- 1 - How Canada Taxes Foreign Income (Summary) Purpose of the book The purpose of writing this book, entitled How Canada Taxes Foreign Income is particularly for the benefit of foreign tax lawyers, accountants,
More informationExpanding into Brazil
Expanding into Brazil Support for your Business kpmg.ie Expanding into Brazil 1 Are you looking to expand your business into Brazil? Dynamic Irish businesses are looking to new markets to expand and grow.
More informationTAX DEVELOPMENTS IN POLAND UPDATE 2009
TAX DEVELOPMENTS IN POLAND UPDATE 2009 WARDYŃSKI & PARTNERS TAX PRACTICE APRIL 2010 1/8 INTRODUCTION The purpose of this report is to present key tax developments in Poland in 2009 which may be relevant
More informationCohen Smith & Company, P.A. NEWSLETTER. CERTIFIED PUBLIC ACCOUNTANTS Business and Personal Advisors 133 EAST INDIANA AVENUE DELAND, FLORIDA 32724-4329
Cohen Smith & Company, P.A. NEWSLETTER CERTIFIED PUBLIC ACCOUNTANTS Business and Personal Advisors 133 EAST INDIANA AVENUE DELAND, FLORIDA 32724-4329 Phone: (386) 738-3300 Fax: (386) 736-2267 Interested
More informationDoing Business in Mexico
Doing Business in Mexico I N D E X INTRODUCTION I. LEGAL FRAME OF FOREIGN INVESTMENT II. PRINCIPAL TYPES OF ORGANIZATIONS III. TAX LEGISLATION A). General b). Income Tax Law c). Sole Tax Rate for Entrepreneurial
More informationThe documentation requirements in Article 86 Section XII of the MITL include the following elements:
51. Mexico Introduction Mexico did not apply international standards to its transfer pricing legislation until 1997. However, in December 1996, the Mexican Congress enacted significant tax reform, introducing
More informationMaintaining the Momentum of Business TAX REFORM
Maintaining the Momentum of Business TAX REFORM Senator The Hon Helen Coonan Minister For Revenue & the Assistant Treasurer 1 Maintaining the Momentum of Business Tax Reform The Minister for Revenue and
More informationDaily Income Fund Retail Class Shares ( Retail Shares )
Daily Income Fund Retail Class Shares ( Retail Shares ) Money Market Portfolio Ticker Symbol: DRTXX U.S. Treasury Portfolio No Ticker Symbol U.S. Government Portfolio Ticker Symbol: DREXX Municipal Portfolio
More informationCUBAN FOREIGN INVESTMENT LEGISLATION
CUBAN FOREIGN INVESTMENT LEGISLATION Decree Law 50 of 1982 ( Decree Law 50 ) was Cuba s first foreign investment act authorizing the formation of international joint-ventures with foreign investors. In
More informationCorporate Taxation in Switzerland
Corporate Taxation in Switzerland Case Studies Martin Ruchti, MBA, Swiss Chartered Accountant Tax Planet Tax Advisors Worldwide www.taxplanet.com October, 2013 Martin Ruchti, Swiss Chartered Accountant
More informationCorporate Taxation & Structuring in Canada and Canadian Scientific Research & Experimental Development Program Overview (SR&ED)
Corporate Taxation & Structuring in Canada and Canadian Scientific Research & Experimental Development Program Overview (SR&ED) Claude E. Jodoin, M.Fisc. Maximize your R&D $...Look North of the border!
More informationOptions for Business Activities in the UAE
October 2013 Options for Business Activities in the UAE The matrix below provides an overview of the options available for a foreign company to conduct business activities within the United Arab Emirates
More informationAn Introduction to Taxation in Indonesia. November 2012 Steven Solomon
An Introduction to Taxation in Indonesia November 2012 Steven Solomon Contents 1. Introduction 2. Key facts about the Indonesia tax system 3. Investing in Indonesia 4. Trading with Indonesia 5. Using the
More informationTax reform in Mexico for 2014 Congress approves final changes
Tax reform in Mexico for 2014 Congress approves final changes Prepared by: Edgar Lopezlena, Director, Schaumburg, Ill., McGladrey LLP edgar.lopezlena@mcgladrey.com Ramon Camacho, Principal, Washington
More informationPRACTICAL LAW EMPLOYEE SHARE PLANS EMPLOYMENT AND EMPLOYEE BENEFITS VOL 2 MULTI-JURISDICTIONAL GUIDE 2012/13. The law and leading lawyers worldwide
PRACTICAL LAW MULTI-JURISDICTIONAL GUIDE 2012/13 EMPLOYMENT AND EMPLOYEE BENEFITS VOL 2 The law and leading lawyers worldwide Essential legal questions answered in 22 key jurisdictions Comparative table
More information2010 Actual 2011 Proposed Budget* Married [1] Single Rate Married [1] Single Rate
This article contains general information and is not intended to be a specific analysis of the tax issues that could affect an individual s specific circumstances. In 2011, changes in capital gains and
More informationLeveraged Life Insurance Personal Ownership
Leveraged Life Insurance Personal Ownership Introduction Leveraged life insurance is a financial planning strategy that uses the cash value of an exempt life insurance policy as collateral security for
More informationGuide to Japanese Taxes
Guide to Japanese Taxes CONTENTS 1. Introduction --------------------------------------------------------------------------------------------- 1 (1) Principle of Taxation under the Law (2) Self-Assessment
More informationIRS Issues Final FATCA Regulations
IRS Issues Final FATCA Regulations The United States Internal Revenue Service (IRS) has issued long-awaited final regulations (the Final Regulations) under the Foreign Account Tax Compliance Act (FATCA).
More informationSupplementary materials
Supplementary materials XX Merger, transformation and dissolution of business entities The dissolution of business entities is described within the Companies Law. Examples of dissolution provided by the
More informationThinking Beyond Borders
INTERNATIONAL EXECUTIVE SERVICES Thinking Beyond Borders Jordan kpmg.com Jordan Introduction Individual income tax is calculated at rate of 7 percent on the first 12,000 Jordan dinars (JOD) of taxable
More informationTAX PLANNING FOR CANADIAN FARMERS
April 2014 CONTENTS Annual tax planning issues Income tax deferral Incorporating your farming business Long-term planning issues Taxation of capital gains Maximizing your capital gains exemption claims
More informationCANADIAN CORPORATE TAXATION. A General Guide January 31, 2011 TABLE OF CONTENTS INCORPORATION OF A BUSINESS 1 POTENTIAL ADVANTAGES OF INCORPORATION 1
CANADIAN CORPORATE TAXATION A General Guide January 31, 2011 TABLE OF CONTENTS PART A PAGE INCORPORATION OF A BUSINESS 1 POTENTIAL ADVANTAGES OF INCORPORATION 1 POTENTIAL DISADVANTAGES OF INCORPORATION
More informationSpanish Tax Facts. The Expatriate Financial Guide to Spain
The Expatriate Financial Guide to Spain Spanish Tax Facts Introduction Tax Year Assessment Basis Taxation in Spain occurs at a national level and at a regional ( Autonomous Community ) or municipal level.
More informationwww.pwc.com U.S. Legislative Outlook Tom Patten 2 March 2011
www.pwc.com U.S. Legislative Outlook Tom Patten 2 Agenda Understanding the U.S. legislative process. Recent legislative developments. Proposals. 2 Understanding the U.S. Legislative Process The Long Road
More informationTHE CPA LICENSURE EXAMINATION SYLLABUS TAXATION
(632) 407-5937/(632) 415-0873 e-mail: support@reviewer-online.com website: www.reviewer-online.com THE CPA LICENSURE EXAMINATION SYLLABUS TAXATION (50% of Business Law and Taxation) (Effective October
More informationShare redemption 2016
Share redemption 2016 Information for shareholders in HiQ International AB (publ) regarding the Board s proposal for a share split and mandatory redemption procedure Background BACKGROUND HiQ International
More informationTax Impacts to Structure Investments in Brazil Debt or Equity. Andrea Bazzo Lauletta November 2012
Tax Impacts to Structure Investments in Brazil Debt or Equity Andrea Bazzo Lauletta November 2012 Introduction Brazilian Scenario for Non-Resident Investments Brazil has a specific set of rules for non-resident
More informationCanada. Contact James Yager KPMG in Canada Tax Partner T: +1 416 777 8214 E: jyager@kpmg.ca
Canada Introduction Liability to Canadian tax is determined by residence status for taxation purposes and the source of income derived by an individual. Income tax is levied at progressive rates on a person
More informationTaxation of Carried Interest: What the Future Holds
Taxation of Carried Interest: What the Future Holds Recent tax law changes have increased taxes in general on compensation received by managers of hedge funds and private equity funds through the implementation
More informationMAXIM INTEGRATED PRODUCTS, INC. 2008 EMPLOYEE STOCK PURCHASE PLAN
MAXIM INTEGRATED PRODUCTS, INC. 2008 EMPLOYEE STOCK PURCHASE PLAN (As amended) 1 The Company wishes to attract employees to the Company, its Subsidiaries and Affiliates and to induce employees to remain
More informationSetting up your Business in the UK Issues to consider
The United Kingdom (UK) continues to be one of the world s leading locations for global investment, being rated again as the most attractive place in Europe for foreign investment. i Also, the World Bank
More information