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| FAQ FOR OFFSHORE INVESTORS
AND EXPATRIATES |
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The
criteria for determining Swedish residence are
fairly stringent and comprehensive, and obtaining
non-residence requires a very complete sundering
of ties with the country. An individual is assumed
to be resident if he has his home and
dwelling there, if it is his habitual
abode (i.e. more than half the year is spent
there), or if he has an essential connection
with Sweden (for example property, family, or
business established in the country).
If
the individual has been resident for more than
10 years, he will be taxed as such for 5 years
after his departure, unless this essential
connection can be disputed/disproved.
A resident of Sweden is taxable on worldwide
income and capital gains, whereas a non-resident
is taxable only on Swedish sourced income and
capital gains. Sweden has in place sophisticated
anti-avoidance tax laws, which apply to individuals
as well as corporations.
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There
were 26 banks in Gibraltar in 1996, but in 2007,
the number stood at around twenty. The banking
sector is well established in both the offshore
and local market, with assets in the vicinity
of G£8.3 billion.
Most
of the banks established in Gibraltar are branches
of major UK, European or US banks. Much of the
banking activity in Gibraltar is directed to
asset management for high-net-worth individuals,
not least because Gibraltar has tried hard to
attract such people with special tax regimes.
See Personal Taxation
for details of these schemes.
Financial
services in Gibraltar are regulated by the Financial
Services Commission. The Commission introduced
important changes to the way it supervises locally
incorporated banks and non-EEA branches in 2002.
The
FSC has rolled out a risk based approach to
supervision, where the supervisory team evaluates
an institution in terms of the risks posed by
the way it does business or the type of business
it is in. This approach to supervision aims
to focus supervisory resources on the areas
deemed to be high risk for an institution, in
order to ensure that the right controls and
procedures are in place to mitigate the risks
or where corrective action is required by an
institution.
As
regards financial services regulations, Gibraltar
aims to match UK standards. An example of this
is the local money laundering legislation which
implemented the EU Directive and was extended
as in the UK to encompass all crimes. Accordingly,
all banking supervision regulations are the
same as those in the UK and procedures for opening
an account are much the same.
The
identity of bank account holders in Gibraltar
is confidential and is only disclosed by the
bank if they are ordered to do so by the Courts
when investigating serious criminal activity.
Some
Gibraltar banks offer a range of current and
deposit accounts designed especially for non-residents
and expatriates. Accounts are available in a
number of currencies, and interest rates are
comparable with those offered onshore.
By
concession, deposit interest from Gibraltar
banks payable to non-residents (of Gibraltar)
is exempt from income tax. Gibraltar residents
would pay income tax, however. An individual
is considered resident in Gibraltar if he has
accommodation there and sets foot on the territory
during the tax year.
A
Swedish national would be able to receive untaxed
bank interest from Gibraltar, but would need
to have become non-resident in Sweden in order
to avoid paying tax on it back at home. A Swedish
national having achieved Category 2 (HINWI)
status in Gibraltar and being non-resident in
Sweden would be untaxed on bank interest (or
any other income) as long as his income already
exceeded an amount designated by the authorities
( £45,000 in 2005).
The
provisions of the EU Savings Tax Directive have
applied in Gibraltar from mid-2005.
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Although Cyprus has stated that it does not wish
to be considered offshore as such,
the island certainly offers a number of favourable
taxation regimes for those interested in offshore
banking. The island is divided into Turkish and
Greek Cypriot sectors, with the offshore activity
principally taking place in the latter. This situation
does not seem to have affected normal commercial
or offshore activities, although as a possible
source of future political instability, it is
something which must certainly be monitored.
The
banking industry is regulated by the Central
Bank. The Cypriot banking system consists of
4 banks listed on the Cyprus Stock Exchange,
8 subsidiaries of foreign banks, 2 banks licenced
to conduct limited banking operations, 8 branches
of banks from EU countries, 17 branches of non-EU
banks, 2 Representative Offices and 4 other
banks. Commercial banking arrangements and practices
follow the British model.
Of
the foreign banks established in Cyprus at present,
the majority are branches of foreign banks rather
than subsidiaries, representative offices or
Administrative Banking Units.
Services
offered by the foreign banks (or branches thereof)
include deposit and multi-currency account facilities,
investment services, share dealing, international
fund transfers, foreign exchange services, custody
facilities, and a range of other personal banking
facilities, generally available in all major
currencies.
Residence
in Cyprus is assumed if an individual spends
more than 183 days in any one year in the country,
and residents are liable for income tax at progressive
rates to 30%, with the first CYP£10,000
tax-free. Non-residents are liable for withholding
tax on income arising in Cyprus (i.e. from a
Cypus based trade or business, a profession
or vocation the duties of which are performed
in Cyprus, or on salary paid by the government,
or a Cyprus resident). They are also liable
for capital gains tax (with the exception of
capital gains on property outside Cyprus), real
estate tax, and customs duties.
Foreign
investment income is charged at 5% on amounts
over CYP£2,000 , provided the individual
is neither resident nor Cypriot. Special regimes
also exist for non-resident sportspeople, entertainers,
and experts.
There
is no withholding tax on interest paid by banks
to non-residents; therefore a Swedish national
would not be taxed in Cyprus on bank interest,
but would have to have achieved non-residence
in Sweden before escaping taxation back at home.
Cyprus
has a double tax treaty with Sweden under which
the rate of withholding tax on interest is 10%;
this is the rate of tax that would apply to
bank interest received by a Swedish resident
of Cyprus.
As
from July, 2005, Cyprus supplies information
about the returns on savings paid to citizens
of EU Member States, to their home States, under
the EU Savings Tax Directive.
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After
independence from the UK in 1964, Malta suffered
a period of political instability, which helped
in part to ensure that the Maltese banking sector
remained primarily a domestic affair, with few
foreign banks established there. However, given
Malta's EU membership, the arrival of HSBC and
the growth of mutual fund listings on the Stock
Exchange, it would not be surprising to see
more international banking activity in Malta
in the near future.
Banking
is conducted according to the Banking Act of
1994 (for Credit Institutions/Commercial Banks),
and under the Financial Institutions Act (for
non-lending financial institutions such as Foreign
Exchange Bureaux). The gradual abolition of
exchange controls has meant that there is now
little distinction between international and
local banks, or between onshore and offshore
banks.
The
Maltese banking sector offers a range of banking
services, including deposit taking and investment
services, portfolio management, fiduciary services,
funds transfer facilities, foreign exchange
and trade related services, and a variety of
personal banking and custody services. Transactions
can generally be conducted in any of the major
International currencies.
The
criteria for determining an individuals
tax status in Malta are more complicated than
some, and the concepts of residence, ordinary
residence, and domicile (usually considered
to be the country of birth unless all ties have
been severed, and a new domicile has been established)
come into play in the calculation of tax liablity.
Residence
is assumed if the individual has his habitual
residence in Malta (i.e. spends more than 6
months of the year there), and ordinary residence
is the case if he is present in Malta in the
ordinary or regular course of his life. Thus
an individual who is domiciled and resident
on the islands is taxable on world-wide income,
but an individual who is domiciled elsewhere,
and resident in Malta but not ordinarily resident
there is liable for taxation only on income
arising in, or remitted to, the Maltese islands
(with the exception of capital gains). The usual
income tax ranges on a progressive scale from
between 15% to 35%.
Non-residents
are also only liable for tax on Malta source
income (also at progressive rates). However,
local interest and royalties are exempt from
tax, as are capital gains on holdings in collective
investment schemes and securities, as long as
the underlying asset is not Maltese immovable
property. Malta has entered into a great many
double taxation treaties, including one with
Sweden.
A
non-resident Swedish national would therefore
not pay tax on bank interest paid in Malta,
but would have to have achieved non-residence
in Sweden also if taxation back at home is to
be avoided.
As
from July, 2005, Malta supplies information
about the returns on savings paid to citizens
of EU Member States, to their home States, under
the EU Savings Tax Directive.
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