Isle of Man Tax Guide

2012

foreword A country’s tax regime is always a key factor for any business considering moving into new markets. What is the corporate tax rate? Are there any incentives for overseas businesses? Are there double tax treaties in place? How will foreign source income be taxed? Since 1994, the PKF network of independent member firms, administered by PKF International Limited, has produced the PKF Worldwide Tax Guide (WWTG) to provide international businesses with the answers to these key tax questions. This handy reference guide provides clients and professional practitioners with comprehensive tax and business information for 100 countries throughout the world. As you will appreciate, the production of the WWTG is a huge team effort and I would like to thank all tax experts within PFK member firms who gave up their time to contribute the vital information on their country’s taxes that forms the heart of this publication. I would also like thank Richard Jones, PKF (UK) LLP, Kevin Reilly, PKF Witt Mares, and Kaarji Vaughan, PKF Melbourne for co-ordinating and checking the entries from countries within their regions. The WWTG continues to expand each year reflecting both the growth of the PKF network and the strength of the tax capability offered by member firms throughout the world. I hope that the combination of the WWTG and assistance from your local PKF member firm will provide you with the advice you need to make the right decisions for your international business. Jon Hills PKF (UK) LLP Chairman, PKF International Tax Committee [email protected]

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PKF Worldwide Tax Guide 2012

important disclaimer This publication should not be regarded as offering a complete explanation of the taxation matters that are contained within this publication. This publication has been sold or distributed on the express terms and understanding that the publishers and the authors are not responsible for the results of any actions which are undertaken on the basis of the information which is contained within this publication, nor for any error in, or omission from, this publication. The publishers and the authors expressly disclaim all and any liability and responsibility to any person, entity or corporation who acts or fails to act as a consequence of any reliance upon the whole or any part of the contents of this publication. Accordingly no person, entity or corporation should act or rely upon any matter or information as contained or implied within this publication without first obtaining advice from an appropriately qualified professional person or firm of advisors, and ensuring that such advice specifically relates to their particular circumstances. PKF International is a network of legally independent member firms administered by PKF International Limited (PKFI). Neither PKFI nor the member firms of the network generally accept any responsibility or liability for the actions or inactions on the part of any individual member firm or firms.

PKF Worldwide Tax Guide 2012

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preface The PKF Worldwide Tax Guide 2012 (WWTG) is an annual publication that provides an overview of the taxation and business regulation regimes of 100 of the world’s most significant trading countries. In compiling this publication, member firms of the PKF network have based their summaries on information current as of 30 September 2011, while also noting imminent changes where necessary. On a country-by-country basis, each summary addresses the major taxes applicable to business; how taxable income is determined; sundry other related taxation and business issues; and the country’s personal tax regime. The final section of each country summary sets out the Double Tax Treaty and Non-Treaty rates of tax withholding relating to the payment of dividends, interest, royalties and other related payments. While the WWTG should not to be regarded as offering a complete explanation of the taxation issues in each country, we hope readers will use the publication as their first point of reference and then use the services of their local PKF member firm to provide specific information and advice. In addition to the printed version of the WWTG, individual country taxation guides are available in PDF format which can be downloaded from the PKF website at www.pkf.com

PKF INTERNATIONAL LIMITED APRIL 2012 ©PKF INTERNATIONAL LIMITED ALL RIGHTS RESERVED USE APPROVED WITH ATTRIBUTION

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PKF Worldwide Tax Guide 2012

about pKf international limited PKF International Limited (PKFI) administers the PKF network of legally independent member firms. There are around 300 member firms and correspondents in 440 locations in around 125 countries providing accounting and business advisory services. PKFI member firms employ around 2,200 partners and more than 21,400 staff. PKFI is the 10th largest global accountancy network and its member firms have $2.6 billion aggregate fee income (year end June 2011). The network is a member of the Forum of Firms, an organisation dedicated to consistent and high quality standards of financial reporting and auditing practices worldwide. Services provided by member firms include: Assurance & Advisory Corporate Finance Financial Planning Forensic Accounting Hotel Consultancy Insolvency – Corporate & Personal IT Consultancy Management Consultancy Taxation PKF member firms are organised into five geographical regions covering Africa; Latin America; Asia Pacific; Europe, the Middle East & India (EMEI); and North America & the Caribbean. Each region elects representatives to the board of PKF International Limited which administers the network. While the member firms remain separate and independent, international tax, corporate finance, professional standards, audit, hotel consultancy, insolvency and business development committees work together to improve quality standards, develop initiatives and share knowledge and best practice cross the network. Please visit www.pkf.com for more information.

PKF Worldwide Tax Guide 2012

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structure of country descriptions a. taXes payable FEDERAL TAXES AND LEVIES COMPANY TAX CAPITAL GAINS TAX BRANCH PROFITS TAX SALES TAX/VALUE ADDED TAX FRINGE BENEFITS TAX LOCAL TAXES OTHER TAXES b. determination of taXable income CAPITAL ALLOWANCES DEPRECIATION STOCK/INVENTORY CAPITAL GAINS AND LOSSES DIVIDENDS INTEREST DEDUCTIONS LOSSES FOREIGN SOURCED INCOME INCENTIVES c. foreiGn taX relief d. corporate Groups e. related party transactions f.

witHHoldinG taX

G. eXcHanGe control H. personal taX i.

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treaty and non-treaty witHHoldinG taX rates

PKF Worldwide Tax Guide 2012

international time Zones AT 12 NOON, GREENwICH MEAN TIME, THE sTANDARD TIME ELsEwHERE Is: A Algeria . . . . . . . . . . . . . . . . . . . .1 pm Angola . . . . . . . . . . . . . . . . . . . .1 pm Argentina . . . . . . . . . . . . . . . . . . 9 am Australia Melbourne . . . . . . . . . . . . .10 pm Sydney . . . . . . . . . . . . . . .10 pm Adelaide . . . . . . . . . . . . 9.30 pm Perth . . . . . . . . . . . . . . . . . .8 pm Austria . . . . . . . . . . . . . . . . . . . .1 pm B Bahamas . . . . . . . . . . . . . . . . . . . 7 am Bahrain . . . . . . . . . . . . . . . . . . . .3 pm Belgium. . . . . . . . . . . . . . . . . . . .1 pm Belize . . . . . . . . . . . . . . . . . . . . . 6 am Bermuda . . . . . . . . . . . . . . . . . . . 8 am Brazil. . . . . . . . . . . . . . . . . . . . . . 7 am British Virgin Islands . . . . . . . . . . . 8 am C Canada Toronto . . . . . . . . . . . . . . . . 7 am Winnipeg . . . . . . . . . . . . . . . 6 am Calgary . . . . . . . . . . . . . . . . 5 am Vancouver . . . . . . . . . . . . . . 4 am Cayman Islands . . . . . . . . . . . . . . 7 am Chile . . . . . . . . . . . . . . . . . . . . . . 8 am China - Beijing . . . . . . . . . . . . . .10 pm Colombia . . . . . . . . . . . . . . . . . . . 7 am Croatia . . . . . . . . . . . . . . . . . . . .1 pm Cyprus . . . . . . . . . . . . . . . . . . . .2 pm Czech Republic . . . . . . . . . . . . . .1 pm D Denmark . . . . . . . . . . . . . . . . . . .1 pm Dominican Republic . . . . . . . . . . . 7 am E Ecuador. . . . . . . . . . . . . . . . . . . . 7 am Egypt . . . . . . . . . . . . . . . . . . . . .2 pm El Salvador . . . . . . . . . . . . . . . . . 6 am Estonia . . . . . . . . . . . . . . . . . . . .2 pm F Fiji . . . . . . . . . . . . . . . . .12 midnight Finland . . . . . . . . . . . . . . . . . . . .2 pm France. . . . . . . . . . . . . . . . . . . . .1 pm G Gambia (The) . . . . . . . . . . . . . 12 noon Georgia . . . . . . . . . . . . . . . . . . . .3 pm Germany . . . . . . . . . . . . . . . . . . .1 pm Ghana . . . . . . . . . . . . . . . . . . 12 noon Greece . . . . . . . . . . . . . . . . . . . .2 pm Grenada . . . . . . . . . . . . . . . . . . . 8 am Guatemala . . . . . . . . . . . . . . . . . . 6 am PKF Worldwide Tax Guide 2012

Guernsey . . . . . . . . . . . . . . . . 12 noon Guyana . . . . . . . . . . . . . . . . . . . . 7 am H Hong Kong . . . . . . . . . . . . . . . . .8 pm Hungary . . . . . . . . . . . . . . . . . . .1 pm I India . . . . . . . . . . . . . . . . . . . 5.30 pm Indonesia. . . . . . . . . . . . . . . . . . .7 pm Ireland. . . . . . . . . . . . . . . . . . 12 noon Isle of Man . . . . . . . . . . . . . . 12 noon Israel . . . . . . . . . . . . . . . . . . . . . .2 pm Italy . . . . . . . . . . . . . . . . . . . . . .1 pm J Jamaica . . . . . . . . . . . . . . . . . . . 7 am Japan . . . . . . . . . . . . . . . . . . . . .9 pm Jersey . . . . . . . . . . . . . . . . . . 12 noon Jordan . . . . . . . . . . . . . . . . . . . .2 pm K Kazakhstan . . . . . . . . . . . . . . . . .5 pm Kenya . . . . . . . . . . . . . . . . . . . . .3 pm Korea . . . . . . . . . . . . . . . . . . . . .9 pm Kuwait . . . . . . . . . . . . . . . . . . . . .3 pm L Latvia . . . . . . . . . . . . . . . . . . . . .2 pm Lebanon . . . . . . . . . . . . . . . . . . .2 pm Liberia . . . . . . . . . . . . . . . . . . 12 noon Luxembourg . . . . . . . . . . . . . . . .1 pm M Malaysia . . . . . . . . . . . . . . . . . . .8 pm Malta . . . . . . . . . . . . . . . . . . . . .1 pm Mauritius . . . . . . . . . . . . . . . . . . .4 pm Mexico . . . . . . . . . . . . . . . . . . . . 6 am Morocco . . . . . . . . . . . . . . . . 12 noon N Namibia. . . . . . . . . . . . . . . . . . . .2 pm Netherlands (The). . . . . . . . . . . . .1 pm New Zealand . . . . . . . . . . .12 midnight Nigeria . . . . . . . . . . . . . . . . . . . .1 pm Norway . . . . . . . . . . . . . . . . . . . .1 pm O Oman . . . . . . . . . . . . . . . . . . . . .4 pm P Panama. . . . . . . . . . . . . . . . . . . . 7 am Papua New Guinea. . . . . . . . . . .10 pm Peru . . . . . . . . . . . . . . . . . . . . . . 7 am Philippines . . . . . . . . . . . . . . . . . .8 pm Poland. . . . . . . . . . . . . . . . . . . . .1 pm Portugal . . . . . . . . . . . . . . . . . . .1 pm Puerto Rico . . . . . . . . . . . . . . . . . 8 am

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Q Qatar. . . . . . . . . . . . . . . . . . . . . . 8 am R Romania . . . . . . . . . . . . . . . . . . .2 pm Russia Moscow . . . . . . . . . . . . . . .3 pm St Petersburg. . . . . . . . . . . .3 pm s Sierra Leone . . . . . . . . . . . . . 12 noon Singapore . . . . . . . . . . . . . . . . . .7 pm Slovak Republic . . . . . . . . . . . . . .1 pm Slovenia . . . . . . . . . . . . . . . . . . .1 pm South Africa . . . . . . . . . . . . . . . . .2 pm Spain . . . . . . . . . . . . . . . . . . . . .1 pm Sweden . . . . . . . . . . . . . . . . . . . .1 pm Switzerland . . . . . . . . . . . . . . . . .1 pm T Taiwan . . . . . . . . . . . . . . . . . . . .8 pm Thailand . . . . . . . . . . . . . . . . . . .8 pm Tunisia . . . . . . . . . . . . . . . . . 12 noon Turkey . . . . . . . . . . . . . . . . . . . . .2 pm Turks and Caicos Islands . . . . . . . 7 am U Uganda . . . . . . . . . . . . . . . . . . . .3 pm Ukraine . . . . . . . . . . . . . . . . . . . .2 pm United Arab Emirates . . . . . . . . . .4 pm United Kingdom . . . . . . .(GMT) 12 noon United States of America New York City. . . . . . . . . . . . 7 am Washington, D.C. . . . . . . . . . 7 am Chicago . . . . . . . . . . . . . . . . 6 am Houston. . . . . . . . . . . . . . . . 6 am Denver . . . . . . . . . . . . . . . . 5 am Los Angeles . . . . . . . . . . . . . 4 am San Francisco . . . . . . . . . . . 4 am Uruguay . . . . . . . . . . . . . . . . . . . 9 am V Venezuela . . . . . . . . . . . . . . . . . . 8 am Vietnam. . . . . . . . . . . . . . . . . . . .7 pm

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PKF Worldwide Tax Guide 2012

Isle of Man

Isle of Man Currency: British Pound (GBP)

Dial Code To: 44

Member Firm: City: Name: Douglas John Nugent

Dial Code Out: 00

Contact Information: 01624 652000 [email protected]

A. Taxes payable Federal taxes and levies Company tax Income tax is payable by Isle of Man (IOM) resident companies on income derived from all sources. Non-resident companies are required to pay tax on IOM-sourced income only. In general, resident companies are companies incorporated in the IOM and companies whose central management and control is in the IOM. All companies incorporated in the IOM are resident there. The general rate of income tax for companies is 0%. Only income from banking business and income from Isle of Man land have a positive rate of tax. The rate of tax on these two sources of income is 10%. Profits can, in certain circumstances, be attributed to and taxed upon Isle of Man resident shareholders.This attribution of IOM company profits does not apply to nonresident shareholders. This attribution regime is being abolished for company profits accruing after 5 April 2012. The tax year runs from 6 April to 5 April. Company tax returns are due one year and one day after the end of the accounting period and the tax is due by the same date. Tax-free companies The special types of tax-free companies such as exempt companies were withdrawn from 6 April 2006 and replaced by general zero-rating as above. Capital gains tax There is no tax on capital gains in the IOM and gains are not included in ordinary taxable income. Branch profits tax IOM companies with foreign branches remain taxable on their worldwide income although relief for foreign tax paid may be available. IOM branches of foreign companies will be subject to IOM income tax on the profits attributable to the branch. The rates of tax above apply to all companies, including branches of foreign companies, so that the zero rate applies where applicable. Sales tax/value added tax (VAT) Value Added Tax is imposed on items at a standard rate of 20% (from 4 January 2011). The VAT rules are identical to those applying in the UK. Both the UK and IOM form a common area for the purposes of VAT and Customs Duties. Fringe benefits tax (FBT) There is no fringe benefits tax on employers in the IOM. Employees may be subject to income tax on any benefits they receive from their employers. Local taxes Local rates are imposed on properties. Local authorities determine the rate. Other taxes The IOM government also imposes customs and excise duties. For these purposes, the IOM is regarded as being part of the European Union. The UK and the IOM form a common area for customs duties purposes. National Insurance contributions are payable by employers in the IOM. Contribution rates are similar to those that apply in the UK. Employees also pay contributions. Foundations Foundation legislation has been introduced to create a new separate legal entity which has the power to manage its own assets, arrange its own funding and can operate and be taxed in a fashion similar to a local company, incurring 0% IoM tax on all sources other than profits made on IoM land. PKF Worldwide Tax Guide 2012

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Isle of Man

B. Determination of taxable income The taxable income of a company is determined by aggregating its taxable income and then subtracting all allowable deductions. Generally, to be deductible, the outgoings must be incurred wholly and exclusively for the purpose of a trade. Statute provides that some items are specifically non-deductible, e.g. depreciation. Special rules apply in relation to the categories listed below. Capital allowances Tax relief is given for the cost of plant and machinery acquired for the purposes of a business in the form of capital allowances. Capital allowances are also available for certain industrial and agricultural buildings and tourist premises. A 100% allowance is available in the first year in which the expenditure is incurred. Where the 100% allowance is not claimed in full, a writing-down allowance is available in subsequent years, at the following rates: Plant and machinery used in a trade

25% reducing balance basis

Industrial buildings

4% straight-line basis

Agricultural buildings

4% straight-line basis

Tourist premises

10% straight-line basis

Depreciation Depreciation is not available as a tax deduction. Instead, capital allowances can be claimed as a deduction against taxable profits. Stocks/inventory Stock levels are normally taken into account in determining the profits of the trade in accordance with normal commercial principles of accounting. Capital gains and losses There is no capital gains tax in the IOM. Dividends Dividends received by IOM resident companies are generally taxable at the zero % rate. Interest deductions All types of interest paid by IOM resident companies to IOM lenders are tax deductible. Interest paid to non-IOM lenders is tax deductible if incurred for the purposes of the company’s trade. There are no thin capitalisation rules but there are anti-avoidance provisions which maybe in point where interest is incurred purely to mitigate tax.One of these provisions disallows tax deductions for interest arising on loans, the purpose or one of the purposes of which is the reduction of the liability of any person to income tax. A maximum deductible amount of £7,500 per individual applies from 6 April 2011 for borrowings other than those of a trade or property rental business. This limit does not apply to companies. From 6 April 2012, a maximum rate of 10% tax relief is permitted on qualifying interest payments of up to £7,500. Losses Trading losses can be carried forward indefinitely provided a continuity of business test is satisfied. There are also provisions for loss relief within groups of companies (see below). Foreign sourced income The IOM does not have CFC legislation. However, it does have general anti-avoidance legislation which will tax an IOM resident on income received by a non-resident entity in which the IOM resident has an interest if the income arises to the non-resident entity as a result of steps taken to avoid IOM tax. Incentives It is possible for certain industrial undertakings to obtain a tax holiday for up to five years. It is possible for businesses to receive employer’s National Insurance holidays on the cost of employing additional staff members up to 5 April 2014. C. Foreign tax relief Double tax relief is available for foreign tax paid. It may be set off against any IOM tax payable. Where the income is received from the UK, relief may be available under the UK-IOM Double Tax agreement. In addition to the Double Tax Agreement with the UK, the IOM has full Double Tax Agreements with Malta, Bahrain and Estonia and limited Agreements covering aspects of the avoidance of double taxation for individuals with the following countries:

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PKF Worldwide Tax Guide 2012

Isle of Man

Australia Faroe Islands Iceland Norway

Belgium Finland Ireland Poland

Denmark Greenland New Zealand Sweden

The IOM also has Tax Information Exchange Agreements (TIEAs) currently in force with the following countries: Australia Czech Republic Faroe Islands Germany India Mexico Norway Sweden

Canada Denmark Finland Greenland Ireland The Netherlands Poland United Kingdom

China Estonia France Iceland Japan New Zealand Portugal United States of America

D. Corporate groups Losses including capital allowances in respect of trading companies may be transferred from one IOM resident company to another IOM company within a group. Two companies are members of a group if one is a 75% subsidiary of the other or both are 75% subsidiaries of a third company. Consolidated tax returns cannot be submitted. E. Related party transactions The IOM does not have any specific transfer pricing rules. However, as noted above, where expenditure has not been incurred wholly or exclusively for the purposes of a trade, a tax deduction may not be available. F. Withholding tax Non-residents are subject to IOM non-resident income tax on all IOM-sourced income except income received from approved financial institutions such as banks and fund managers. The Assessor of Income Tax may require a person who makes a payment of taxable income to a non-resident to deduct income tax from it at a rate specified by the Assessor. The general rate of withholding tax for payments by companies has been reduced to zero. A 20% rate applies to rents of Isle of Man land paid to non-resident individuals. A 10% rate applies to rents of IOM land paid to non-resident companies. These rates also apply to interest paid out of rents of IOM land. The Isle of Man Government announced its intention to move to automatic exchange of information for bank accounts held in the Isle of Man where the beneficial owner is resident in the EU rather than operate withholding taxes under the EU Savings Directive. This policy came into effect from 1 July 2011 and thereafter there is no option for account holders to opt for tax retention rather than information exchange. G. Exchange control There are no exchange control rules in the IOM. H. Personal tax Income tax is payable by IOM resident individuals on their worldwide income from all sources. Non-resident individuals are only required to pay IOM income tax on IOM-sourced income excluding income from approved financial institutions and most sources of income from IOM companies. An individual is regarded as a resident in the IOM if he spends an aggregate of six months in any tax year in the IOM. In addition, an individual who visits the IOM over four or more consecutive years for an average of three months in each year will also be considered an IOM resident. Income tax is assessable on income less any allowable deductions. The rules for allowable deductions for individuals engaged in a trade are similar to those for companies. In addition, individuals are able to take advantage of deductions in respect of pension premiums, interest paid to an IOM lender of up to £7,500 per person per annum, nursing expenses (up to £9,300 per annum) and private medical insurance payments of up to £1,800 per annum made by taxpayers aged over 60. From 6 April 2012, tax relief is limited to 10% on some deductions including loan interest payments, nursing expenses, educational and charitable donations. PKF Worldwide Tax Guide 2012

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Isle of Man

Employees have tax deducted from each salary and wage payment by their employers under the Income Tax Instalment Payments (ITIP) scheme. Taxpayers are assessed on a current year basis with tax due 6 January following the end of the year assessment. A payment on account is made based on 105% of the previous year’s liability (less ITIP) which is payable by 6 January in the year of assessment. Spouses are taxed as separate individuals, unless the couple elect to be jointly assessed. If they do, they will be jointly assessed on both their incomes with both personal allowances and 10% bands being available in the joint assessment. Where, immediately prior to 6 April 2006, husband and wife were jointly assessed, they will be deemed to have made the election to continue to be jointly assessed. The tax rates are as follows: Taxable Income (£)

Rate (%)

0 – 10, 500

10

0 – 21,000 for jointly assessed married couples

10

Above 10,500 or above 21,000 as applicable

20

The 10% tax rate and the above personal allowances are not available to nonresident individuals (but see below). There is a cap on personal income tax liabilities. No one individual can have a liability for a tax year of more than £115,000 (or £230,000 for a couple who elect for the joint taxation basis). The tax cap was increased to £120,000 (£240,000 for jointly elected couples) from 6 April 2012. Personal allowances are available for taxpayers at the following amounts, for both the tax year commencing 6 April 2011 and 6 April 2012: Single person £ 9,300 Married couple, jointly elected £18,600 Additional age allowance (age 65+) £ 2,020 per person The 10% tax rate and the above personal allowances are not available to nonresident individuals (but see below). There is no tax in the IOM on gifts and no inheritance tax liability for the estates of IOM resident individuals. Taxation of non-resident individuals Non-residents are only charged to income tax on IOM source earned income. From the tax year ending 5 April 2010, the small personal allowance available to nonresidents has been abolished. Previously an individual receiving IOM income but who was not resident in the Isle of Man was entitled to a personal allowance of £2,120. Asan alternative to taxing the total income less personal allowance, tax may be charged on the IOM source income of a non-resident subject to a limit of: (1) tax due on IOM income reduced by any excluded income plus (2) tax deducted at source from any excluded income (likely to be nil). If this alternative is lower, the alternative will apply. Excluded income includes dividends, bank interest, social security benefits and National Insurance retirement pension. I. Treaty and non-treaty withholding tax rates Dividends (%) (a)

4

Interest (%)

Royalties (%)

Companies: Bahrain

0

0

0

Estonia

0

0

0

Malta

0

0

0

UK

0

0

0

Non-Treaty

0

0

0

PKF Worldwide Tax Guide 2012

Isle of Man

Dividends (%) (b)

Interest (%)

Royalties (%)

Individuals: Bahrain

N/A

20

20

Estonia

N/A

20

20

Malta

N/A

20

20

UK

N/A

20

20

Non-Treaty

N/A

20

20

PKF Worldwide Tax Guide 2012

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