Want a source of revenue from the U.S.? Stares of 30 percent. Tax
Customers who receive income from the U.S. to your Polish account, they can lose 30 percent. those impacts. In the U.S., was adopted in March, a new tax law, which is to identify U.S. taxpayers who have accounts in foreign financial institutions. There were doubts whether the new Act will be compatible with both the EU rules and the Polish law on personal data protection regulation
FATCA (Foreign Account Tax Compliance Act) shall enter into force on 1 January 2013, it imposed on foreign financial institutions to inform the U.S. tax authorities to account for U.S. taxpayers.
- Definition of "American taxpayer" has a very broad definition that includes not only the people who live permanently in the U.S., but also having an American citizen and resident in Poland, as well as Green Card holders. This is not a closed list, however - the American taxpayer is also person who receives income from interest, licenses, salaries, and the Polish insurance company client who has completed an insurance policy with an investment element, and spent over 183 days in the year in the U.S. - says Leszek Turning to Deloitte.
- Americans are very creative when it comes to care for their income. On a massive scale they managed to evade taxes. This led to the enactment of new law. It will bring the U.S. government 9-10 billion dollars. - As much as he lost over the past year not paying taxes by U.S. residents - added Turner.
However, to allow the institutions to identify U.S. taxpayers will have to check it all its customers. If institutions do not adapt to the new regulations - not the American tax authorities communicate the required data, are the clients who receive proceeds from the U.S. to his Polish account, will lose 30 percent. these influences (ie, averaged gains tax rate in the U.S., in this case applied not on profit but on the whole transaction). - So far, U.S. authorities also levied tax, but it could pick up later, making the validity of the PIT Agreement on avoidance of double taxation - James Bojanowski said Deloitte.
- Americans, passing the law, is not worried about that, on the grounds that European law does not agree with European law - said Bojanowski. Currently, discussions are ongoing EU bodies with the Americans. - Analyze all aspects of data protection. Requirements imposed by the Americans are contrary to European law. No one knows how they will look the implementing rules, or what specific data will have to be passed - said Aneta Saramak with Deloitte.
- It could be that the Law on the Protection of personal data will not allow financial institutions to share some customer data, which American law will require - Saramak said. She added that if the Americans do not improve, it may happen that American institutions will take 30 percent. proceeds to the account, and institutions in Europe will not be able to adapt to U.S. laws.
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