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| FAQ FOR OFFSHORE INVESTORS
AND EXPATRIATES |
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In
France, tax is due on world-wide income, whether
from investments or earnings, when an individual
is deemed to be tax resident. Non-residents
are taxed only on French source income and
assets. Tax residency is assumed if the individual
has a home in France, if it is their principal
abode, if it is the centre of their economic
interests, or if their principal professional
activities are performed there.
Establishing
non-residence for a French tax resident usually
amounts to demonstrating that residence has
been established elsewhere, and that the normal
tests for French residence are not fulfilled.
Clearly this is not easy, and it can often
happen that a French expatriate has dual tax-residence,
at least for a period - Double Tax Treaties,
where they exist, usually sort this out, but
it is important for an expatriate French national
(or a tax-resident for that matter) not to
incur tax on foreign income in a country without
a French Double Tax Treaty (ie most offshore
jurisdictions).
As
from July, 2005, France provides information
about the returns on savings paid to citizens
of other EU Member States to the citizen's
home state, under the EU Savings Tax Directive.
There
are gift and inheritance taxes in France which
are not easily escaped, although within a
family the rates are quite low. If a non-resident
legatee has been a resident of France for
six out of the previous ten years, the tax
applies to worldwide assets transmitted, regardless
of the residence status of the deceased.
Once
a French citizen has established non-residence,
no French income tax will be payable on foreign
interest income, even if it is repatriated to
France - but the annual wealth tax (levied on
a sliding scale) will bite on any assets accumulating
in France.
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There
are over 500 major banking institutions in
Switzerland, and it is estimated that more
than 35% of the worlds private wealth is centred
there. It is a low tax rather than offshore
jurisdiction as such, and has earned a reputation
for neutrality and security, conservative
financial policies, and stringent banking
secrecy (with limited exceptions in line with
its legislation on combatting money laundering
activity). Banks and financial institutions
are regulated by the Federal Banking Commission,
which applies world standard equity, capital,
and liquidity rules to them.
There
is no centralized taxation system in Switzerland,
due to its federal nature, and because of
this, some taxes are levied at a federal level,
and some at a communal or cantonal level.
Residence is assumed if an individual is in
Swiss employment, owns a business in Switzerland,
or spends more than 180 days in any one tax
year there.
Residents
are taxed on their world-wide income up to
a maximum of 11.5% at a federal level, and
approximately twice that at a cantonal level
(although in December, 2007, the Swiss canton
of Obwalden became the first canton to adopt
a flat rate of tax for individual income taxpayers,
following a cantonal referendum), and non-residents
are liable for tax on income arising from
permanent Swiss establishments and real estate.
There is also a fiscal deal available
for High Net Worth Individuals who are considering
making Switzerland their home, but are not
intending to work there.
There
is a double tax treaty in place between Switzerland
and France whereby full withholding tax is
deducted at source, but a partial or full
refund can be claimed from the Swiss tax authorities.
It is worth noting, however that in recent
years Switzerland as a financial centre has
moved away from smaller individual client
accounts, to focus on providing more sophisticated
services for larger professional clients.
As
from July, 2005, Switzerland applies a withholding
tax of 15% to the returns on savings paid
to citizens of EU Member States, under the
EU Savings Tax Directive.
It
will be seen that Switzerland is not a suitable
place in which to deposit money if the goal
is to obtain tax-free interest payments on behalf
of a non-resident.
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Although
private banking for rich Monagesque residents
was the original basis of the Principality's
banking sector, this has changed. Many factors
have contributed to Monaco's rise as a banking
centre in the last 10 or so years, including
the presence of a secure legislative base
(the Bank of France is responsible for regulatory
oversight), the absence of withholding tax
on interest payments, and a rush of Italians
away from their ever-tighter domestic tax
regime.
There
are now some 70 banks and financial institutions
in Monaco, with more than 300,000 accounts
(remember that there are 5,000 Monagesque
nationals, and another 25,000 foreign residents).
Approximately 85% of the banks' customers
are non-resident. Banking turnover is in excess
of $1.5bn, and assets under management top
$60bn.
Although
there is no capital gains or income tax, (which
means that residence or otherwise is not really
an issue) French nationals who work in Monaco
are liable to pay social contributions of
around 40% on their salaries. Monaco has only
one taxation treaty, with France, but this
is not a double tax treaty in the accepted
sense of the word, as it merely provides for
income tax to be levied against French nationals
who transfer their residence to Monaco.
Banking
facilities in Monaco are well adapted to the
needs of expatriates and offshore investors,
with a wide range of depositary services on
offer. Secrecy is adequate for individuals
with no French connections, but somewhat compromised
for French residents.
As
from July, 2005, Monaco applies a withholding
tax of 15% to the returns on savings paid
to citizens of EU Member States, under the
EU Savings Tax Directive.
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Liechtenstein
has a substantial banking sector, regulated
under the Law on Banks and Finance Companies
of 1993. The currency is the Swiss franc (as
the jurisdiction has a customs and monetary
union with Switzerland), and there are no
exchange controls.
Liechtenstein
used to be known for particularly stringent
banking secrecy, but after the events of 2000
the "know your customer" system
became legally compulsory (from 1 October,
2000) for all banks that belong to the Lichtenstein
Bankers' Association.
Residency
is assumed if an individual maintains a residence
with the intention of remaining on a more
than temporary basis, or performs some kind
of employment or activity for gain in Lichtenstein.
For resident individuals, income tax is charged
at up to 18%, with a net worth tax of around
0.9% (depending on the commune of residency),
although there is no separate capital gains
tax. Non-residents are taxed only on Lichtenstein
sourced income. Only one double taxation treaty
has been established, with Austria.
Withholding
(Coupon) Tax is levied on any distribution
of dividends or profit shares (including distributions
in the form of shares). Generally, there is
no withholding tax on interest or royalty
payments, but it does apply to interest from
bonds, to interest from time deposits with
domestic banks in excess of 12 months, and
to interest on some commercial loans over
SFr 50,000 with a minimum term over 2 years.
Deposits
can be made in all the main currencies and
interest rates follow European norms.
As
from July, 2005, Liechtenstein applies a withholding
tax of 15% to the returns on savings paid
to citizens of EU Member States, under the
EU Savings Tax Directive.
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