Overview of tax and legal news in the Slovak legislation
The list of countries with which Slovakia concluded the double tax treaty was extended by Malaysia, Armenia and United Arab Emirates.
The international double tax treaties are subject to approval (ratification) in accordance with the legal procedures of both contracting states and enter into force within the set deadline following the completion of the respective legal procedures.
The respective provisions of the international double tax treaties however, become effective in case of taxes withheld at source with respect to amounts of income derived on or after the first day of January in the calendar year following the year in which the treaty entered into force.
In respect of taxes levied for the tax period, the provisions of the double tax treaty apply to tax periods beginning on or after the first day of January in the calendar year following the year in which the treaty entered into force.
Given the above the provisions of the double tax treaty concluded between the Slovak Republic and Malaysia apply in case of withholding taxes to income derived by the taxpayer as of 1 January 2017 and in case of taxes levied for tax period the provisions of the treaty apply to periods beginning as of 1 January 2017.
As regards the double tax treaties concluded between Slovakia and Armenia or United Arab Emirates, which already entered into force, the respective provisions apply in case of withholding taxes to income derived by the taxpayer as of 1 January 2018. In case of taxes levied for tax periods the treaties’ provisions would apply to tax period beginning on or after 1 January 2018.
Please see below an overview of withholding tax rates for the respective income
|Income / % withholding tax||Malaysia||Armenia||United Arab Emirates|
|Dividends||0 % / 5 %||5 % / 10 %||0%|
According to OECD, technological solutions offer a clear route for dramatically reducing tax evasion and tax fraud costing governments billions in lost revenue annually. OECD issued a report Technology Tools to Tackle Tax Evasion and Tax Fraud on 31 March 2017 (the “Report”).
The Report demonstrates how technology is currently being used by tax administrations in some countries to prevent, identify and tackle tax evasion and tax fraud.
According to OECD these solutions can offer a win-win situation:
Drawing on the experience of 21 countries, the report provides examples of best practices in the effective use of technology in the fight against tax crimes:
According to the report, due to domestic invoicing fraud Slovakia lost in 2014 and 2015 the amount of some EUR 500 million in VAT. Mexico lost some EUR 3 billion on tax revenue due to forged invoices. Some countries implemented electronic invoicing to handle this issue. The impact in Mexico also was that mandatory electronic invoicing brought 4.2 million micro-businesses into the formal economy.
The report was launched during the 2017 OECD Global Anti-Corruption and Integrity Forum in Paris. The event brings together stakeholders from government, academia, business, trade and civil society to engage in dialogue on policy, best practices, and recent developments in the fields of integrity and anti-corruption.
The report was prepared by the OECD's Task Force on Tax Crimes and Other Crimes, which works to further the Oslo Dialogue. Launched by the OECD in 2011, the Oslo Dialogue promotes a whole-of-government approach to tackling financial crimes by fostering inter-agency and international co-operation.
In December 2016, the European Commission introduced its proposals to simplify and modernize VAT rules for e-commerce. The proposals are split into individual phases from now to 2021.
The proposals cover the following areas:
The proposals follow up on the commitments made by the European Commission in the VAT Action plan released on 7 April 2016 and are subject to further stages of the legislative process.
The legislative proposals can be viewed here.
The Organisation for Economic Cooperation and Development (OECD) released on 6 April 2017 additional guidance for tax administrations and multinational enterprises to use in implementing country-by-country (CbC) reporting pursuant to the base erosion and profit shifting (BEPS) Action 13 recommendations.
The guidance clarifies several interpretation issues related to the data that is to be included in the CbC report as well as applying the model legislation contained in the BEPS Action 13 report, to assist jurisdictions with introducing consistent domestic rules.
The guidance addresses five specific issues:
The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.