Yes, here's the exact wording from PWC, for
a) companies:
"Capital gains from trade in listed securities (shares, tradable rights) on regulated markets in the European Union / European Economic Area (EEA) are not subject to taxation. As of 1 January 2021, the same tax treatment is extended to transactions carried out on equivalent markets outside the European Union as specified in the legislation."
b) individuals:
"Capital gains from transactions with securities of public companies on the Bulgarian Stock Exchange or on a regulated securities market in EU/EEA countries."
There's a detailed article discussing equivalent regulated markets in the US:
https://www.investor.bg/a/339-novin...huzhdite-pazari-stavat-neoblagaemi-za-firmite
This is interesting, however couldn't this be an issue, let's say you hold a delta neutral position, for example bought shares on your broker, and at the same time hold a swap short, or a short, elsewhere, if the price goes down, you didn't make any money, just remained delta neutral, however you would have a gain on your swap position, which would be taxable (whether individual or company), and a loss on the share holding, which wouldn't be deductible (once position gets unwound), or could you opt in for having all the trade actually counted in your account(deducting a loss on a EEA market)
As it seems a bit blurry which market are concerned, in the taxmonkey article they seem to include etfs for individuals, and switzerland.
Probably yes, but you would need to ask a tax advisor/lawyer about this. One tax advisor suggested me transferring my portfolio directly from my personal IBKR to the company IBKR account but I decided against registering an EOOD limited company in Bulgaria and instead registered as a sole trader for various reasons. Amongst others is the problem with opening corporate bank accounts as a foreigner (Bulgarian Banks ask you for giving PoA to a Bulgarian citizen which is an absolute no go for me).
Oh really, I would have thought that it wouldn't be hard to open brokerage account for the company with it's activity being "trading his own equity", and as a source of fund the loan you make to that company (for a bulgarian eood owned by a bulgarian resident, non bulgarian citizen).
I never heard about that PoA requirement but in fact it would be lame if it's actually needed, this PoA would exclusively give power over one specific BG account right ? not the whole company ?
Isn't it easy to bank without other bank in EU with Eood setup, and maybe transferwise ?
Also, it is much more complicated to open brokerage accounts in the name of the company abroad. Asset protection and having greater flexibility in the case of a financial crisis is more important to me than having a 5% lower tax rate, especially since there's no difference for capital gains from EU/US shares.
Thanks for the insight, but from the PWC you quoted, and the taxmonkey link about financial assets declaration, US shares trading would be exempted only as a company and not as an individual. As a sole trader would you also get that same benefits ?
I was in similar dilemma and would have thought the company setup looked better (for crypto+tradfi day trading), but there are certainly things I do not see.
-not sure if you trade any crypto or solely tradfi, but about the crypto brokers, I think they all open accounts to companies, so not a big difference with individuals
-about tradfi brokers, IB, etc, I think for an EOOD with a clear scheme it would be as difficult to get, compared with an individual ? (for some broker, with crypto wealth even individual have hard time to get)
-about banking, I heard in fact in Bulgaria it will be very hard to get corporate bank account, as a company even harder, even if you would open an account for a company would simply want to trade stocks on interactive brokers, however you could use the EU banks and emis instead easily ? The fact the company will be clearly audited, and to have this initial "loan" documented, a clear structure (company trading his own assets and you are the only shareholder), I would think it wouldn't be that hard banks account in EU?
-an other advantage of the eood I would imagine(just talking out loud) would be the fact you get a salary, so it create a stronger source of funds for later opening as an individual any brokerage
With the current situation in Europe, you are right to think of asset protection, but why do you feel that as a company you would be less protected ? Couldn't we imagine a scenario where all personnal sparrings get an haircut while corporate bank accounts are safe guarded...seems hard to forecast such things. Maybe the risk would be a kind of "war tax" on Eu companies ? This would then apply to sole traders too I guess.
Also something I do not really get, does it matter where your share are traded as long as it exists a regulated market within EEA where that one share is traded ?
Example you trade stocks of a German PUBLIC company on whatever, on a brazilian stock exchange, then the sale is not exempt ?
added to post :
Actually I am thinking now, for the specific of trading assets on regulated EU market, as a sole trader you will be exempted, but as a company, to get the profits in your pocket, you will have either to pay anyways the 10%, but in this case the 5% dividend tax right ? As even if the corporate profits will be exempted, these profit will exist and need to be distributed to you at a point, which will trigger, either as a salary 10% either as a dividend 5%, so for this particulat assets you seem to be better off as a sole trader right ? Or I am missing something and there is a way to distributed these corporate tax free profit to yourself still tax free ?