Chapter 11: International Taxation Copyright © 2015 McGraw-Hill Education All rights reserved No reproduction or distribution without the prior written consent of McGraw-Hill Education Learning Objectives Describe differences in corporate income tax and withholding tax regimes across countries Explain how overlapping tax jurisdictions cause double taxation Show how foreign tax credits reduce the incidence of double taxation Demonstrate how rules related to controlled foreign corporations, subpart F income, and foreign tax credit baskets affect U.S taxation of foreign source income 11-2 Learning Objectives Describe some of the benefits provided by tax treaties Explain and demonstrate procedures for translating foreign currency amounts for tax purposes Describe tax incentives provided by countries to attract foreign direct investment and stimulate exports 11-3 Impact of Taxes—International Business Decisions Impact of Taxes International location decisions Legal form of operation Method of financing 11-4 Types of Taxes and Tax Rates Types of taxes Corporate income taxes Imposed by governments Tax rates vary Zero percent in tax havens Over forty percent Withholding taxes Taxes on dividends Other amounts paid to foreign citizens 11-5 Corporate Income Tax Corporate income tax rates Significant variation worldwide Provides tax planning opportunity Basis of taxability Type of activity Nationality of the company owners Variation in Methods of calculating taxable income Differences Deductibility of expenses 11-6 Corporate Income Tax Tax Haven Abnormally low corporate income tax rates No corporate income tax at all Minimum worldwide income taxes Bahamas and the Isle of Man No corporate income tax Liechtenstein Tax rates from 7.5 percent to 15 percent 11-7 Withholding Tax Regimes Application to Dividends Interest Royalties Vary across countries Type of payment Recipient Impacts tax planning Tax-planning strategy Thin capitalization 11-8 Value-added tax Substitute for sales taxes Added into Price of product Price of service At each stage of Production Distribution Used in Australia, Canada, China, Mexico, Nigeria, Turkey, and South Africa 11-9 Tax J urisdiction Taxation approaches Worldwide (nationality) approach Tax on all income of Resident Company of a country Regardless of place of earning Territorial approach Tax only on Income earned in that country Common approach The worldwide approach 11-10 Calculation of Foreign Tax Credit Complex calculation in U.S FTC is lower of Actual taxes paid to foreign government Taxes if the income earned in U.S Maximum FTC Taxes if the income earned in U.S Overall FTC limit = ×U.S taxes before FTC Excess FTC Carried back one year Carried forward ten years 11-17 FTC baskets Created by Tax Reform Act of 1986 Nine FTC baskets Foreign source income FTC calculated separately for each Netting FTCs across baskets—not allowed Excess FTC allowed to be Carried back Carried forward Offset additional taxes paid on income basket Reduction of number of baskets to two General income Passive income Reduced likelihood of excess FTC’s going unused Reduction by The American J obs Creation Act of 2004 11-18 Indirect FTC (for subsidiaries) Indirect FTC Allowed by U.S On foreign taxes Paid by foreign subsidiary U.S parent company Before-tax amount of dividend Qualification for indirect FTC U.S company Minimum 10% of voting stock Foreign company 11-19 Controlled Foreign Corporations Controlled Foreign Corporations Foreign corporation U.S shareholder Owning at least 10 percent of the stock U.S shareholders own more than 50% of Combined voting power Or fair value of the stock CFC income Referred as Subpart F income Taxable currently There is a safe harbor for such income in jurisdictions with tax rate >90% of the U.S rate 11-20 Subpart F Income Income from Insurance of U.S risks Countries engaged in international boycotts Certain illegal payments Foreign base company income Amount of Subpart F income taxable Less than 5% of total income No income taxable Between 5% to 70 % of total income Proportion of Subpart F income to total is taxable Greater than 70 % of total income 100% of the CFC’s income taxed currently 11-21 Summary of foreign source income taxation To determine foreign income Factors considered Legal form of the foreign operation Operation qualify as CFC Location in tax haven Income qualifies as Subpart F income 11-22 Tax Treaties Bilateral agreements Tax on individuals of one country Income earned in other country Alleviate double taxation problems Facilitate international trade and investment Information sharing between governments Helps in domestic enforcement 11-23 Model treaties OECD model treaty Basis for most bilateral treaties of developed countries Tax if permanent establishment In the country Recommends reduction of withholding tax rates Recommended withholding tax rates 5% of direct investment dividends 15% of portfolio dividends 10% of interest 0% of royalties 11-24 U.S Tax Treaties Zero percent withholding tax Interest and royalties 15 percent Dividend payments Treaties with over 50 countries One notable exception Brazil Lack of Brazilian investment in the U.S Treaty shopping Tax reduction tactic Benefit of tax treaty between country 11-25 Translation of foreign branch income Net income Translated into U.S dollars Use of average exchange rate of the year Net income after foreign taxes paid Added Taxes paid to the foreign government Payment date exchange rate Grossing up Earnings are repatriated to the U.S Converted to U.S dollars Difference due to exchange rate Foreign exchange gain or loss 11-26 Translation of foreign subsidiary income Dividends paid to U.S parent Translated at the spot rate On the date of payment Added Taxes deemed paid on the dividend Payment date spot rate Grossed up Translated deemed taxes paid Determines foreign tax credit 11-27 Tax Incentives Tax holidays Incentive used by a government Partially or completely exempts a taxpayer A period of time Offered by many Asian countries Encourages foreign direct investment MNEs enjoy significant tax reductions If profits are not repatriated 11-28 U.S export incentives Prevention of tax avoidance CFC and Subpart F income Domestic international sales corporation (DISC) Short-lived export incentive program For U.S companies Repealed due to foreign opposition Foreign sales corporation (FSC) Short-lived export incentive program For U.S companies Replaced by Extraterritorial Income Exclusion Act (ETI) Repealed due to foreign opposition 11-29 American J obs Creation Act of 2004 (AJ CA) American J obs Creation Act Attempt to spur job growth In the U.S manufacturing sector Provides deduction Effectively reduces income tax rates For domestic manufacturers Available even to companies that don’t export Allows for significant tax breaks On repatriations of foreign source income 11-30 End of Chapter 11 11-31 [...]... currently 11- 21 Summary of foreign source income taxation To determine foreign income Factors considered Legal form of the foreign operation Operation qualify as CFC Location in tax haven Income qualifies as Subpart F income 11- 22 Tax Treaties Bilateral agreements Tax on individuals of one country Income earned in other country Alleviate double taxation problems Facilitate international. .. opposition 11- 29 American J obs Creation Act of 2004 (AJ CA) American J obs Creation Act Attempt to spur job growth In the U.S manufacturing sector Provides deduction Effectively reduces income tax rates For domestic manufacturers Available even to companies that don’t export Allows for significant tax breaks On repatriations of foreign source income 11- 30 End of Chapter 11 11-31 ...Tax J urisdiction Basis for taxation Source Followed by most of countries Citizenship Taxes citizens regardless of Source Residence Residence Taxes residents regardless of Source Citizenship 11- 11 Tax J urisdiction Basis for taxation – The U.S approach The basis of U.S taxes Source Citizenship Residence Green... branch Includes income in U.S parent Not foreign subsidiary Only dividend paid taxed 11- 12 Double taxation Same income taxed In a foreign country and Country of residence Discourages Capital-export neutrality Mechanisms for elimination Bilateral tax treaties Foreign tax credits 11- 13 Double taxation Solutions Adoption of territorial approach Exemption of foreign source income... foreign tax credit 11- 27 Tax Incentives Tax holidays Incentive used by a government Partially or completely exempts a taxpayer A period of time Offered by many Asian countries Encourages foreign direct investment MNEs enjoy significant tax reductions If profits are not repatriated 11- 28 U.S export incentives Prevention of tax avoidance CFC and Subpart F income Domestic international. .. using taxes paid in Mexico as a deduction or tax credit 11- 15 Double taxation FTC – Example Deduction Credit Foreign source income $50,000 $50,000 Deduction for all taxes paid $36,500 $ U.S taxable income $13,500 U.S tax before tax credit Foreign tax credit Net U.S tax liability $50,000 $4,725 $ $ 4,725 0 0 $17,500 $16,500 $ 1,000 11- 16 Calculation of Foreign Tax Credit Complex calculation... Deduction of taxes By parent company Paid to foreign governments Tax credit To parent company For tax paid to foreign governments U.S allows Deduction of taxes Credit approach 11- 14 Double taxation FTC – Example Assume : GCO, a U.S company has a branch in Mexico where corporate income tax rate is 33% The U.S corporate income tax rate is 35% GCO has foreign source income in... governments Helps in domestic enforcement 11- 23 Model treaties OECD model treaty Basis for most bilateral treaties of developed countries Tax if permanent establishment In the country Recommends reduction of withholding tax rates Recommended withholding tax rates 5% of direct investment dividends 15% of portfolio dividends 10% of interest 0% of royalties 11- 24 U.S Tax Treaties Zero percent... country 11- 25 Translation of foreign branch income Net income Translated into U.S dollars Use of average exchange rate of the year Net income after foreign taxes paid Added Taxes paid to the foreign government Payment date exchange rate Grossing up Earnings are repatriated to the U.S Converted to U.S dollars Difference due to exchange rate Foreign exchange gain or loss 11- 26 Translation... going unused Reduction by The American J obs Creation Act of 2004 11- 18 Indirect FTC (for subsidiaries) Indirect FTC Allowed by U.S On foreign taxes Paid by foreign subsidiary U.S parent company Before-tax amount of dividend Qualification for indirect FTC U.S company Minimum 10% of voting stock Foreign company 11- 19 Controlled Foreign Corporations Controlled Foreign Corporations ... stimulate exports 11- 3 Impact of Taxes International Business Decisions Impact of Taxes International location decisions Legal form of operation Method of financing 11- 4 Types of Taxes... export Allows for significant tax breaks On repatriations of foreign source income 11- 30 End of Chapter 11 11-31 ... Subpart F income 11- 22 Tax Treaties Bilateral agreements Tax on individuals of one country Income earned in other country Alleviate double taxation problems Facilitate international trade