Recent content by ElBotellon

there is also a holding requirement of 1 year.

I believe here there is a misunderstanding because dividends of non-residents natural persons are subject to 8% WHT based on internal legislation. 10% on other kind of income (e.g. liquidation). Here a summary table from Minister of Finance RO...

the main topic is how to ensure that the tax resident certificate is issued under the specific DTA available and explicitly mention the DTA in the certificate. The point of Gediminas I believe is the possibility to have tax treaty protection (many countries have two versions of certificates...

Online I did not find any example of individual certificate. How a DTA-compliant certificate looks like? which wording they use? on the contrary, how a non-DTA compliant certificate would look like? i have found only examples of companies.

in your reference there is a table and a direct referral to art.5 of income tax. Interestingly capital gain (when not obtained in a self-employed/professional trading activity) seems excluded from GHS (cannot find it in the table and cannot find capital gain in art.5 definition). Does it mean...

this is not legal advice but as far as i remember for tax neutral result of reorganization you are obliged to keep nominal value also in the balancesheet of the holding, indeed if you revaluate the value this one is usually a taxable event. in practice the tax neutral reorganization is offering...

This is clear, what is not clear is if a EU citizen with MEU1 (so before 5 years are completed) satisfies the requirement of "permanent resident of the Republic" or not, which is a requirement often present in legislation.

It is a bit confusing for me because many laws recall the term "permanent resident" but the definition of permanent resident seems ambigous. According to your statement a person that has an MEU1 permanently resides in CY, but for the immigration law the MEU3 is considered a permanent resident...

I believe this topic belongs to the area of tax neutral reorganizations and rules are defined by each jurisdiction. If the reorganization is in EU then you can benefit from the implemented directives and tipically perform tax neutral reorganization. In your case you should google "exchange of...

first of all many thanks for your answer. Your answer assumes that liquidation proceedings are capital gain, while my doubt is exactly how liquidation proceedings qualify. Question 1 Are liquidation proceedings (income from liquidation of companies) treated as: a) dividends (subject to SDC) ...

does it make sense for a EU citizen to apply in addition to the MEU1 also for this route? which are the advantages of a permanent residence permit category F for a EU citizen ? (I was wondering faster citizenship? immediate access to gesy?)

How is Cyprus treating proceedings from liquidation of foreign companies? I mean the surplus a shareholder/associate (physical person) receives from a foreign limited company subject to dissolution and liquidation. Ignoring the tax at source (which may depend on the country and DTA), which is...

If we are talking about B2B services provided from a US supplier to a EU customer then the US is exporting services (which is VAT excluded) but the EU customer should register the invoice and pay the local VAT. If such VAT is deductible you will have double movement: VAT debt for X, VAT credit...

i have read about the changes for 2023. quite disappointing. An erratic legislator is an enemy for serious businesses.

I know that summary sheet but is it possible that a non resident will be responsible for dividend tax? I am referring to the fiscal code of romania (updated jan 2022), which is - by the way - extremely redundand in my opinion. Is it possible that Deloitte got it wrong? do you have clear based...