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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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Gibraltar
There were 26 banks in Gibraltar in 1996, but in early 2010 this
had falled to 18. The banking sector is well established in both
the offshore and local market, with assets in the vicinity of
G£8.4 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 resident outside
the EU 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 locally untaxed on bank
interest (or any other income) as long as his income already exceeded
an amount designated by the authorities.
The provisions of the EU Savings Tax
Directive have applied in Gibraltar from
mid-2005.
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Cyrpus
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 EUR19,500
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 EUR3,417
pa, 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 residence outside the
EU before escaping taxation back at home.
Cyprus has a double tax treaty with Sweden under which the rate
of withholding tax on interest is 0%.
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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Malta
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 residence
outside the EU 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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