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Issue:# 14                                   NEWSLETTER       

                                   April, 2012

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DubaiUAE to introduce new fees to fund budget

 

Whilst officials in the UAE have announced there will be no new taxes imposed this year, they could be introduced in future years. Plans to increase revenue and achieve its zero fiscal deficit target could mean new fees on some government services according to undersecretary of the Ministry of Finance, HE Younis Al Khoury.

The Ministry of Finance has already studied the effects of various taxes, including VAT (Value Added Tax), corporate taxes and selective taxes on alcohol and tobacco products.

 

Al Khoury added:

 

"We will also take into account all economic and social effects of these fees...they will be compared with similar fees enforced in neighbouring Gulf countries before they are imposed in the UAE".

 

The Undersecretary has also reassured press in recent weeks that the corporate tax and VAT studies which have and continue to be done by the Ministry of Finance are simply in the research stage for now and the foreseeable future.

VAT Exemption in Kenya for Oil Companies

 

Plans to implement a new VAT law has been discussed by the Kenyan government, giving oil companies' exemption from the 16% VAT on imports of equipment.

 

Currently the exemption exists on an unofficial basis though with recent reforms on existing tax policies underway, under an IMF loan programme, the measure could quickly become policy as soon as May 2012.

Mozambique Amends Corporate Tax, VAT Laws

 

The government of Mozambique has announced a number of key tax amendments affecting drilling and mining companies within the country. VAT exemptions for example have been granted on the import of services related to drilling, research and infrastructure construction.

 

Amendments were additionally introduced in relation to the timeframe within which the VAT can be deducted. Whilst changes have only recently been announced, they will be effective from 1st of January 2012.

Qatar continues to weigh VAT proposal

 

Along with other GCC countries, Qatar is assessing the possibility of introducing value-added tax (VAT) as a means of improving its economy and broadening its revenue base. Whilst the overall fiscal balance of the country has been in surplus for the last few years, the GSDP (General Secretariat of Development Planning) has recognized, in their report entitled 'Qatar Economic Outlook 2011-12', that the balance of the non-hydrocarbon account has been in persistent deficit, equivalent to 17% of its GDP in 2010/11.

 

A high level committee has been established to weigh the impact of introducing VAT on small and medium sized companies in the country, with the expressed wish by many of these business owners, and economists, that they be exempt, along with local products.

Bahrain delays 'expat tax'

 

In April 2011, one year ago, the Bahrain government first announced its plans to suspend charges on companies to employ foreign workers, for at least six months.

 

Officials have now announced, in March 2012, that no charges will be levied until 2014 as the country seeks to improve its economy following the Arab uprisings in the country, early last year.

 

Private companies are currently meant to pay BD10 (USD 26.52) per month for each non-Bahrain national they employ, however this has been suspended to allow private companies the time needed to recover from the recession and political unrest.

 

Qatar and Jersey to sign DTA

 

Led by Jersey Senator Sir Philip Bailhache and presided over by Ahmad bin Abdallah al-Mahmud, deputy prime minister and minister of state for Cabinet affairs, Qatar and Jersey have signed an agreement on the avoidance of double taxation (DTA). The pact is one of many initiatives led by Jersey Finance to improve the relationship between the countries.


Sir Philip Bailhache, Assistant Chief Minister with responsibility for external affairs said;

 

"This agreement signifies the growing importance of the relationship between Jersey and Qatar and supports Jersey's objective of signing agreements which allow for appropriate levels of information exchange and transparency, while at the same time protecting important privacy rights for firms and individuals,"

Palestinian Authority postpones Income Tax Increase

 

The PNA (Palestinian National Authority) has halted plans to increase the individual income tax following widespread opposition to the move, from Palestinian tax payers.

 

The Authority had announced in early January plans to double the income tax rate to 30% to aid efforts of reducing the current budget deficit to $750 million in 2012, from $1 Billion last year.

 

The Authority has said that plans to cut cost in 2012 were still going ahead however, notably plans to cut government spending which could see the forced early retirement of more than 150,000 public sector employees.

Omani courtyardOman issues Executive Regulations to Income Tax Law

 

On 28th January 2012, the Omani government published the anticipated Executive Regulations to the Income Tax Law. The provisions will be applicable from the 2012 tax year and will apply to all financial years following the 1st January 2012. Within the regulations there is some allowances given to SMEs in the Sultanate, and also further powers given to the tax authority with regard to compliance and inspections.

Angola Tax Reform

 

The National Assembly of Angola has approved considerable reforms to its existing tax system within the country since last December, particularly with changes to the corporate tax rate, individual income tax, consumption tax, application of exemptions from the industrial tax and rules for the larger tax paying majority. Possible changes to the stamp duty regime are expected to follow.


 
On March 16th, as published in the official gazette, Presidential Legislative Decree 3/12, also amended the tax regime applicable to those petroleum companies that are wholly owned by Angolan individuals, in so doing provides a substantial income tax reduction.

Congo introduces VAT

 

In January 2012, The Democratic Republic of Congo became the 145th country in the world to introduce VAT (Value Added Tax), setting their VAT rate at 16%. In general local media are saying that prices have already risen over 4% since the VAT introduction.

 

The move comes as the country seeks to modernize its existing fiscal system with the assistance of the International Monetary Fund (IMF).

Guinea Enacts New Mining Code

 

On September 9th 2011, published in January 2012, Guinea enacted a new mining code, approved by 125 government officials. The code is designed at increasing transparency through the publication of all mining contracts and by providing a number of tax incentives during both the exploration and extraction phases aimed at increasing investment in the industry.

 

The code further states that foreign companies would be required to invest a $1 billion minimum and give the government a 15% free share in mining companies with an option of buying a further 20% in projects. In addition custom duties will be increased from 5.6% currently to 8%.

Other Tax Treaty Updates

Bahrain; Bermuda
 
The Bahrain Bermuda income tax treaty entered into force on January 29th.

 

Bahrain; Seychelles

Income tax treaty entered into force February 3.

 

Bahrain; Czech Republic

Bahrain's King Hamad bin Isa Al Khalifa on March 13 issued a decree ratifying Bahrain's pending income tax treaty with the Czech Republic (signed 24, May 2011).

 

Bahrain; Georgia & Sri Lanka

The Bahraini King issued a decree ratifying Bahrain's pending income tax treaties with Georgia and Sri Lanka on March 13.

 

Bahrain; Germany & India

Bahrain's Cabinet approved the signing of air transport treaties with Germany and with India on 15th January 2012.

 

Bahrain; India

The Bahraini Cabinet, chaired by Prime Minister Khalifa bin Salman Al Khalifa, approved for signature a tax information exchange agreement with India. on February 19, 2012.

 

Bahrain; Malta

The Bahrain Malta DTA signed in April 2010, entered into force on February 28, 2012, and its provisions generally will apply from 1st January 2013.

 

Bahrain; Mexico

The, income tax treaty between Bahrain and Mexico will enter into force February 22 and its provisions will apply from the 1st January 2013 (as signed in October 2010).

 

Bahrain; Finland, Green and the Faroe Islands

Bahrain's Shura Council (upper house of parliament) have approved three decisions ratifying Bahrain's pending tax information exchange agreements with Finland, Greenland, and the Faroe Islands, as on 12th March 2012.

 

Bahrain; Denmark, Iceland, Norway and Sweden

Bahrain's Shura Council approved four decisions ratifying Bahrain's pending tax information exchange agreements with Denmark, Iceland, Norway, and Sweden (19th March).

 

Bahrain; Singapore, Germany & India

The government of Bahrain on approved for ratification and sent to parliament a protocol amending the Bahrain-Singapore income tax treaty, and approved for signature air services tax agreements with Germany and India. 15th January.

Bahrain; Turkmenistan

Bahrain on February 6 ratified the income tax treaty it signed with Turkmenistan on February 9, 2011.

 

Botswana; China
Botswana and the People's Republic of China have signed a DTA on 11th April.

 

Egypt; Cameroon
 
Representatives from Cameroon and Egypt met in Cameroon in January and February this year to negotiate an income tax treaty.

 

Egypt; Ireland

Egypt and Ireland signed a DTA on April the 9th in Cairo.

 

Indonesia; Morocco
 
Indonesia has issued Presidential Decree 31 (of March 20, 2012) ratifying the income tax treaty it signed with Morocco on June 8, 2008, in Rabat.


Kuwait; Bosnia & Herzegovina

Treaty between Bosnia and Herzegovina and Kuwait ratified by Bosnia and Herzegovina on 22 March 2012.

 

Kuwait; Macedonia

Officials from Kuwait and Macedonia, meeting in Skopje on, signed an income tax treaty on 20 March 2012.

 

Oman; Estonia

Estonia and Oman Initial Tax Treaty on February 12.

 

Oman; France

Representatives from France and Oman met in Muscat on April 8, and signed a protocol that will amend the France Oman income and inheritance tax convention.

 

Oman; Jordan

Representatives from Jordan and Oman met in Amman to begin negotiating an income tax treaty last month (March 2012).

 

Oman; Luxembourg

Treaty between Luxembourg and Oman initialled on 14 March 2012.

 

Palestine; Sri Lanka

Palestine and Sri Lanka have signed a DTA on April 16th.


Portugal; Qatar & UAE

Portugal's parliament adopted laws ratifying the pending income tax treaties with Qatar, and the UAE, late February 2012.
 
Qatar; Austria
HH Amir Hamad bin Khalifa Al Thani issued a decree ratifying the pending Austria-Qatar air transport agreement on 29th January.

 

Qatar; Austria

The Austria Qatar income and capital tax treaty and the accompanying protocol entered into force on 7th March.

 

Qatar; Brunei

Qatari Amir Hamad bin Khalifa Al Thani on March 14 issued a decree ratifying the pending Brunei Qatar income tax treaty.

 

Qatar; Chad & Portugal

The Qatari government led by Prime Minister Hamad bin Jasim bin Jabir Al Thani approved for signature air transport agreements with Chad and Portugal, on 8th February 2012.

 

Qatar; Djibouti

Representatives from Djibouti and Qatar initialed an air transport agreement in Doha on March 20.

 

Qatar; Hungary
Representatives from Hungary and Qatar signed an income tax treaty on in Budapest on 18th January.

 

Qatar; Bermuda

The Qatari Prime Minister has approved for signature a draft income tax treaty with Bermuda, as of 25th January.

 
Qatar; Bosnia & Herzegovina
Qatari Deputy Amir Tamim bin Hamad Al-Thani issued Decree No. 28, on 10th April, ratifying the pending income tax treaty with Bosnia and Herzegovina (signed on 21st July 2010).
 
Qatar; Jersey

Philip Bailhache, Jersey's assistant chief minister for international affairs, has signed an income tax treaty with Qatar as of late March 2012.

Qatar; Morocco

Representatives from Morocco and Qatar have begun negotiating revisions to the income tax treaty this March, as per the DTA signed in March 2006.

Qatar; Ukraine
Representatives from Qatar and Ukraine met in Doha in late March to commence negotiations for an income tax treaty.

Saudi; Bangladesh
The Bangladesh Saudi Arabia income tax convention, signed in Riyadh on January 4, 2011, entered into force on October 1, 2011, and its provisions apply from January 1, 2012, for Saudi Arabia and from 1st July 2012 for Bangladesh. 

Saudi; Luxembourg

Treaty between Luxembourg and Saudi Arabia initialled on 14 March 2012.
 

Saudi; Malta

Saudi Arabia and Malta signed a tax treaty on 4th of January.

 

Saudi; Poland
The Saudi Arabian government on March 5 approved for ratification the Poland Saudi Arabia income tax treaty and protocol.

 

Saudi; Romania
The Saudi government on March 26 approved for ratification the pending Romania Saudi Arabia income tax treaty. 

 

South Africa
Effective April 1st 2012, a new 15% withholding tax on dividends had necessitated changes to South Africa's existing tax treaties. 

 

UAE; Albania
The United Arab Emirates government approved for ratification the pending air services tax agreement with Albania (February 27).
 

UAE; Estonia

The Estonian Parliament on adopted a law ratifying the pending income tax treaty and protocol with the United Arab Emirates (February 15).


UAE; Georgia
Officials from the United Arab Emirates and Georgia signed an air services tax agreement on 29th March 2012.
 

UAE; India
UAE and India signed a protocol on April 16th amending their DTA.


UAE; Kenya
UAE government approved for ratification the tax treaty with Kenya in late February 2012.


UAE; Latvia
 
Latvia and UAE signed a DTA on March 11.

 

UAE; Montenegro 

UAE, Montenegro Sign Income Tax Treaty (March 26).

UAE; Panama
Panama is negotiating an income tax treaty with the United Arab Emirates, Panamanian Finance Minister Frank De Lima announced in a press release (January 12, 2012).

UAE; Russia
Russia and United Arab Emirates signed a limited tax treaty agreement on 7th December 2011. Under this treaty Russia grants exceptional incentives, in particular in the form of full withholding tax exemption for dividends distributed to state owned investment funds of UAE. It is expected that this treaty will facilitate investment into Russia and possibly speed up development of cross-border Islamic finance projects between Russia and UAE.

UAE; Switzerland
UAE cabinet approved the tax treaty with Switzerland on January 22nd.

Notes from Washington - The G8 Circus is Coming to Town

 

Next month, US President Obama will play host to his counterparts from the G-8 industrialized nations at the Camp David presidential retreat in Maryland.  The Middle East will figure substantively on the agenda.  Predictably, the summit will focus on the political and security crises involving Syria and Iran.  Absent from the discussion, however, will be any mention of a specific economic plan of action as regards the Middle East.  That is because there is none; in many ways the West's response to the Arab Spring remains disjointed, haphazard and bereft of a comprehensive strategy to deliver the economic growth necessary to underpin political stability in the region.

 

A year ago, the Arab Spring was still headline news. Captivated by the changes they had failed to predict and anxious to offer every appearance of material support to the region, the G-8 countries launched the Deauville Partnership to great fanfare. Under Deauville, the G-8 partners were to work together to sustain political liberalization and nurture economic stability in the countries affected by the Arab Spring.

 

Twelve months later, the report card offers a telling portrait of the nature of Western engagement in the MENA region. Political outreach has been cautious, with Western capitals still seeking to balance new realities against long-held beliefs, new power brokers with trusted allies.  

 

Progress, if it may be called that, has come predictably where relationships are the most trusted, and where the initiative has largely been taken by Arab leaders - in the security sphere. The bulk of the effort by the West has gone to bolstering regional security against Iran. Joint military operations and procurements have increased, and the GCC and the US in March notably reached agreement to build a regional ballistic missile shield. The Syria predicament, too, has produced a flurry of multilateral diplomacy stopping well short of an intervention styled on NATO's involvement in Libya.

 

Economic diplomacy, meanwhile, has produced next to nothing. High-level official forums have been either launched or revived with a number of regional players, from UAE to Tunisia, but amount to little more than talk shops. On April 11, Deputy US Trade Representative Miriam Shapiro met in Amman with trade ministers from Jordan, Morocco, Egypt and Tunisia to discuss - yet again - prospects for increased trade and growth. But for this to be the sum total product of US engagement in the past year reveals that economic engagement from the US remains rhetorical at best.

 

It may be argued, however, that all of these efforts, in both the political and economic spheres, is simply temporizing against the rapidly shifting challenges in Damascus and Tehran, and the largely unpredictable changes pushing through the countries directly affected by the Arab Spring. There remains no grand plan motivating US engagement, much less that from Brussels. Lacking a policy architecture, the US will be unable to provide meaningful long-term support to regional stability.

 

We should not expect the May G-8 Summit to provide any sort of dramatic change for the better as regards the Middle East. Political capital at the Summit will be devoted toward reaching a unified stance on Syria and Iran, in both cases securing active Russian cooperation toward shared goals will be a critical objective for the US and European players.

 

As for economics, the various G-8 members each come with varying agendas. Barring a Sarkozy election loss prior to the summit, the US and EU will seek group support for Europe's crisis. Many in Washington expect the announcement of a political commitment toward the formal deepening of the US-EU bilateral relationship, in particular via the launch of negotiations for a US-EU Free Trade Agreement. Japan will be preoccupied with its desire to obtain US approval of Tokyo's bid for membership in the Trans-Pacific Partnership, while Russia faces the unique challenge of managing Vladimir Putin's re-entry on the global scene as head of state.

 

This is a long way of saying that, once statements on Syria and Iran are hammered out to the relative satisfaction of all the players, and lip-service paid to the "successes" of the Deauville Partnership, the summit will conclude without taking a single step toward a meaningful, substantive engagement with Middle Eastern countries on economics and trade. Left to their own devices then, yet again...


This contribution was gratefully received from Eric Shimp - Special Advisor to UAE regarding the UAE-USA FTA Negotiations, and Policy Advisor, Alston & Bird, LLP. Washington DC.

If you would like further information on The Cragus Group or tax matters relating to the Arabian Gulf or surrounding region, please contact:

Dominic Treays, Director of Practice Development, on [email protected]

Or visit our website www.cragus.com  

 

Sincerely,

 

Gemma Eagle

Marketing Manager

The Cragus Group

[email protected]

Copyright © 2011 Cragus. All rights reserved. Please note that all use of this newsletter is subject to the Cragus Terms of Use available at http://www.cragus.com/legal.php, including the disclaimers, qualifications and limitations of liability set forth therein.

In This Issue
UAE fees to fund budget
VAT Exemption in Kenya
Mozambique amends corporate tax
Qatar weighs VAT proposal
Bahrain delays "expat tax"
Qatar and Jersey DTA
Palestine postpones income tax increase
Oman Executive Regulations
Angola Tax Reform
Congo introduces VAT
Guinea enacts new mining code
Quick Links
 
About The Cragus Group

 

The Cragus Group is made up of hand-picked individuals from tax, legal and accounting backgrounds, with experience of international tax in the Middle East dating back 20 years. Primarily dealing with corporate international tax planning, they also provide advice on transfer pricing, tax controversy, legal structuring, oil and gas and general corporate advisory services. They serve a range of clients across the Middle East and Africa.

 

The Cragus Group consists of well known international tax advisors based in Dubai and a long standing network of trusted independent Member law firms, correspondents, and advisors of high professional reputation in Kuwait (Kuwait City), Oman (Muscat, Salalah, Sohar), Saudi Arabia (Jeddah), Qatar (Doha), UAE (Abu Dhabi, Dubai), and the USA (Washington DC).


Tax Leadership/Contacts:

Dominic Treays

 

Reggie Mezu

Dr Robert Peake

Mark Stevens
(Strategic Adviser)

 

 

 

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