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Issue:# 17                                   NEWSLETTER       

                                   July, 2013

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Ramadan Kareem

Saudi Arabia creates option to apply treaty WHT rates in advance

 

In recent years Saudi Arabia's tax authority (DZIT) has taken the approach that where tax treaties are applicable, payments to non-residents should be subject to withholding tax at the domestic rates, and that relief under the DZIT logo relevant tax treaty would then be sought via refund. This process has been time-consuming, and as such the DZIT issued Circular No. 5068/16 dated 9th of June 2013. This latest procedure offers the option for treaty rates to be applied without advance approval, therefore allowing Saudi residents to simply deduct the applicable rate. They must report the event in their monthly withholding tax returns along with full details of the payments made to non-residents, and must also continue to submit a request for application of the relevant treaty along with the appropriate tax residence certificate, and must commit to take any responsibility for understated tax payments or relevant penalties.

 

It is uncertain how effective this will be, since the new procedure is optional, and it is likely that Saudi residents may wish to avoid any risk of penalty, and thus still choose to apply the full domestic withholding tax.

  

Egypt moves to unify tax rate

Egypt's Parliament approved a new law on Monday 13th May 2013 that means all companies would be taxed at a unified rate of 25 percent, compared to the previous law that charges those earning less than 10 million Egyptian pounds per year at only 20 percent (and those above at 25 percent). President Morsi then signed the final approval on Tuesday the 21st of May. Additional changes included income tax: people earning under 5,000 Egyptian pounds a year would remain exempt, but those earning more than 250K would have their tax rate increased from 20 to 25 percent. Egypt is currently negotiating a USD 4.5 billion loan from the IMF, and it is likely these tax changes would have acted favourably in this regard.

 

It remains to be seen how the latest changes in Egyptian government will affect latest tax and legal changes, or indeed the position of Egypt in terms financing arrangements.

  

Kuwait plans to cut expat numbers by 1 million

 

Kuwait is introducing new plans to reduce the number of expatriates Kuwaitcurrently residing in the country by over 1 million by 2023. Currently the expat community stands at around 3 million, comprising approximately 1 third of the country's population.

 

The Minister of Social Affairs and Labor Thekra Al-Rasheedi confirmed the plans in March of this year, adding: "It's part of the ministry's efforts to regulate the labor market, curb the phenomenon of marginal labor and restore the demographic equilibrium of the country".

Abu Dhabi plans financial centre FTZ

 

Federal decree 15 of 2013 was passed by the United Arab Emirates' President Sheikh Khalifa bin Zayed al Nahayan in February, in order to create the area known as the Abu Dhabi World Financial Market, on Al Maryah Island, the Emirate's first financial FTZ (free trade zone), measuring 1,680 square kilometers.

 

As is standard with UAE free trade zones, it will allow 100 percent foreign ownership, be tax free, permit full capital repatriation, and aim to provide internationally accepted laws and regulations. The rumours of Abu Dhabi creating a financial free trade zone have been circulating for many years, however it now appears that plans are finally gaining momentum.

Saudi's DZIT offers relief to Kuwaitis in divided zone

 
As of April 2013, the Saudi Department of Zakat and Income Tax (DZIT) has declared that Kuwaiti suppliers and contractors carrying on activities with Al Khafji Joint Operations (jointly owned by Kuwait and Saudi and operating in a divided zone between the countries for O&G activities) will be subject to Zakat instead of income tax. Previously any Kuwaiti companies or individuals not resident in Saudi, would have been subject to income tax on any revenue from activities in Saudi Arabia.. However, despite the recent clarification, questions remain as how Zakat would be collected, or indeed if collections would cease for the previous treatment or how many years this would go back.

US TIFA with West Africa

Acting United States Trade Representative Demetrios Marantis has announced in April 2013 that the United States is exploring the possibility of a Trade and Investment Framework Agreement (TIFA) with the Economic Community of West African States (ECOWAS).

 

The proposed US-ECOWAS TIFA would build on the US Strategy Toward Sub-Saharan Africa, which calls for more enhanced and focused engagement on trade and investment between the US and sub-Saharan Africa.

Treaty Updates

 

Algeria ratified an Air Transport Agreement with Poland on 3rd April 2013.

 

Bahrain has ratified its DTA with Barbados as of 1st July 2013.

 

Bahrain ratified the pending protocol to the 2008 DTA with Brunei, as of 9th June 2013.

 

Bahrain & Canada signed a tax information exchange agreement on 4th June 2013.

 

Bahrain has approved for signing a protocol to the Bahrain-China DTA (2002), as of 28th April 2013. 

 

Bahrain's King issues decree to ratify DTA with Estonia, on 29th April 2013.

 

Bahrain and Guernsey Initial pending DTA as of 5th June 2013. 

 

Botswana & Isle of Man signed a TIEA (Tax Information Exchange Agreement) on 14th June 2013.

 

Botswana has signed TIEAs with Denmark, Faroe Islands, Finland, Greenland, Iceland & Norway, as of 20th Feb.

 

Botswana & Malawi have begun DTA negotiations as of May 2013.

 

Botswana & Seychelles signed a Tax Treaty Protocol on 12th March 2013.

 

Botswana and Sweden signed a DTA on 20th Feb 2013

 

Botswana and Zambia signed a DTA on 9th March 2013.

Cameroon & Egypt are currently negotiating a DTA, discussions continue into June 2013.

 

Cameroon's pending Air Services Agreement has been approved by Spain's parliament as of 14th March 2013.

 

Democratic Republic of the Congo & Turkey signed an Air Services Agreement as of 1st of May 2013.

Egypt and Austria are to commence DTA negotiations in May 2013.

 

Egypt has initialed a DTA with Saudi Arabia as of 24th April 2013.
 

Ethiopia & Brazil have signed an air services agreement as of 24th of May 2013.
 

Ethiopia and Spain signed an Air Transport Agreement on 19th Feb 2013.

 

Ethiopia & Qatar signed a DTA on 9th April 2013.

 

Ethiopia & U.K. DTA (signed in 2011) entered into force on 21st Feb 2013.

 

Ethiopia & Portugal signed a DTA on the 25th of May 2013. 

 

Egypt decided on 8th April 2013 to cancel a tax on stock dividends & investment gains from takeovers. 

 

Ireland ratifies DTAs with Egypt and Qatar as of 22nd January 2013.

 

Iraq's pending Air Services Agreement has been approved by Armeia's government as of 28th Feb 2013.

 

Ivory Coast and Morocco have signed an Air Services Agreement as of 19th March 2013.

 

Kenya's pending Air Services Agreement was approved, 6th June 2013, for ratification by Brazil's parliament.

 

Kenya & South Korea have initialed a DTA as of 24th June 2013.

 

Kuwait and Lithuania signed a DTA on 18th April 2013.

 

Kuwait and Malta sign an Air Services Agreement on 13th April 2013.

 

Kuwait has approved for ratification the pending DTA with Macedonia as of 12th March 2013.

 

Kuwait government has approved the pending DTA with Macedonia as of 15th April 2013.

 

Kuwait has approved for signing the pending DTA with Macedonia, as of 13th June 2013.

 

Kuwait & Tajikistan signed a DTA on 23rd of June 2013.

Libya and Turkey will sign a DTA according to statement by Turkey's Minster of Economy in press on 12 Feb 2013. 

 

Mauritania & Yemen signed an air services agreement on 13th June 2013. 

 

Morocco has approved the pending DTAs with Cameroon and Burkina Faso, as of 7th May 2013.

 

Morocco & Serbia signed a DTA on 6th June 2013.

 

Morocco & Serbia signed a DTA as of 6th June 2013. 

 

Mozambique & Japan have signed an IPA as of 1st June 2013.

  

Oman has ratified the amending protocol (signed last November) to the South African DTA as of 8th April 2013.

 

Oman's draft DTA initialed last December, has been approved by the Czech Government on 15th May 2013.

 

The Palestinian Autonomous Areas & Sudan have signed a DTA as of 10th June 2013.

 

Qatar and Botswana have signed an Air Services Agreement as of the 6th of May 2013.

 

Qatar and Burundi have signed an Air Transport Agreement as of 19th May 2013.

 

Qatar approved for ratification an Air Transport Agreement with Chad on 3rd June 2013.

 

Qatar has ratified an Air Services Agreement with Comoros as of 15th Feb 2013.

 

Qatar has signed tax information exchange agreements with Denmark, the Faroe Islands, Greenland, & Sweden, as of 29th May 2013.

 

Qatar has approved the pending Air Services Agreement with Ecuador as of 14th April 2013.

 

Qatar has approved for ratification their pending DTA with Ethiopia as of 5th June 2013.

 

Qatar & Fiji signed a DTA on 17th June 2013.

 

Qatar and Guernsey signed a DTA on 22nd February 2013.

 

Qatar & Hong Kong have signed a DTA as of 13th May 2013.

 

Qatar has approved for signing a pending DTA with Hong Kong, & also a pending Air Transport Agreement with Australia, as of 14th March 2013.

 

Qatar's DTA with Mexico will enter into force on 9th of March 2013.

 

Qatar and Peru agree to begin negotiations on a DTA in March 2013.

 

Qatari has approved for ratification the pending DTA with San Marino as of 3rd June 2013.

 

Qatar has approved for signing their pending DTA with South Africa, as of 6th March 2013.

 

Qatar and Spain have initialed a DTA as of 25t April 2013.

 

Qatar & Uruguay have begun initial DTA negotiations as of mid March 2013.

 

Qatar & Thailand have begun DTA negotiations earlier this month May 2013.

 

Qatar's draft DTA has been approved by the Ukrainian government for signing as of 13th May 2013. 

Rwanda and Sudan have signed an air services agreement as of 19th March 2013
 
Rwanda and the Spanish Government has approved for signing, the pending Air Transport Agreement as of 17th May 2013.

  

Saudi Arabia govt approved for signing pending DTA with Bosnia & Herzegovina as of 17th June 2013 (initialed 2011).

 

Saudi Arabia has approved for ratification, their pending DTA with Czech Republic as of 18 Feb 2013.

 

Saudi Arabia & Ethiopia signed a DTA on 28th Feb 2013.

 

Saudi Arabia government has approved for signing the pending DTA with Hungary as of the 13th May 2013.

 

Saudi Arabia and Luxembourg signed a DTA on 7th May 2013.

 

Saudi Arabiaand Gambia has ratified the pending Air Services Agreement as of 17th April 2013. 

 

Saudi Arabia has approved pending DTA with Sudan as of 4th March 2013.

 

Saudi Arabia & US have signed an Air Transport Agreement as of 28th May 2013. 

 

South Africa & Mauritius have signed a new DTA as of 17th May 2013. 

 

UK has reported, as of 12th June 2013, DTA negotiations with Malawi, Tanzania, & Senegal.

 

UAE's pending DTA has been approved by Serbia's Parliament as of 15th March 2013. 

 

UAE and Benin signed a DTA and IPA as of 11th March 2013.

 

UAE has approved their pending DTAs with Fiji & Serbia as of 24th March 2013.

 

UAE has ratified 2 Air Services Agreements this month, Georgia and Panama.

 

UAE and Hungary signed a DTA on 30th April 2013.

 

UAE and Japan signed a DTA on 2nd of May 2013.

 

UAE and Kyrgyzstan are expected to continue DTA negotiations on 12th May 2013.

 

UAE and Lithuania signed a DTA on 30th June 2013.

 

UAE approved for ratification on April 14th 2013 the DTA signed with Mexico last November.

 

UAE has approved for ratification the pending DTA with Palestine as of 24th March 2013.

 

UAE & Malawi have agreed as of May 2013 to begin DTA negotiations.

 

UAE & Mozambique signed an Air Transport Agreement on 18th May 2013

 

UAE and Libya signed a DTA on 1st of April 2013.

 

UAE's pending DTA with Russia, was ratified by Russia on 9th June 2013.

 

On 7th June 2013 Russia finalized ratification of the DTA with UAE (signed on 7 December 2011).

  

UAE's pending DTA has been approved by Kazakhstan's government as of 26th June 2013.

 

A Brief Comparison of Options for Tax Regularization for American Citizens Living Abroad

 

The impending implementation of FATCA by the US government has created a growing awareness of tax liability for US citizens worldwide. Many citizens, who live abroad or maintain a second nationality, including some GCC Nationals, may previously have been unaware of their liability or reporting obligations.

 

For American citizens living abroad who have either fallen behind with, or who have never filed US tax returns, there are two options to enable non-compliant US taxpayers to bring their affairs back into compliance with US tax law. These are the IRS Offshore Voluntary Disclosure Program ("OVDP") and the new Streamlined Filing Compliance Procedure for Non-Resident US taxpayers.

 

Each option comes with its own inherent points of attraction and risks to the taxpayer and considered analysis of an individual's particular circumstances is critical to making the most appropriate choice. The key difference stems from their underlying objectives.

 

The objective of the OVDP is essentially to bring taxpayers that have used undisclosed foreign accounts and undisclosed foreign entities to avoid or evade tax into compliance. In contrast, the new Streamlined Filing Compliance Procedure is essentially designed for foreign resident US taxpayers who are deemed a low compliance risk to come into compliance.

 

Critical to the OVDP is eliminating criminal tax liability exposure associated with past non-compliance and it includes an IRS criminal clearance letter. Additionally, the OVDP offers taxpayers consistency and predictability in determining the amount of tax and penalties, thereby minimizing potential civil liability. While it is possible to accurately assess the "worst case" scenario under the OVDP, it can be a costly option due to the high fixed penalty structure and interest on tax that applies to the most recent 8 years. While foreign residents may be eligible for a reduced offshore penalty, there is no room to negotiate the rate of applicable penalty with the IRS.

 

Under the Streamlined Filing Compliance Procedure, eligible low compliance risk taxpayers are required to file 3 years of delinquent tax returns and make payment of tax and interest at the time of filing, but no penalties are imposed. Taxpayers who are deemed to present a high compliance risk may be subject to a full examination and the procedure does not, unlike the OVPD, provide immunity from criminal prosecution. However, the fewer tax years and fewer formal steps of the Streamlined Procedure, compared to the OVDP, makes it an increasingly attractive option, especially for those whose status is of an "accidental American."

 

Zeenat Sacranie

  
Notes from washington - Syria Isn't About Syria Anymore

Anyone watching the Syrian conflict unfold should have at least a nagging sense that it has changed into something far different from a typical civil war.  Commentators in the Middle East acknowledge this transformation; the actions of Iran and Hezbollah confirm it; and the Israelis, Jordanians and Russians - among others - warned about it a year ago.  Yet U.S. and European policymakers remain unwilling to speak the truth, turning instead to sterile diplomatic phrases to describe the risks of a "broader regional conflict."  But what's happening in Syria has already reached that point, and then some.  The war in Syria isn't about Syria anymore.  It's about two other things:  an historic Sunni versus Shia conflict, and a proxy war through which the U.S. sees an opportunity to strategically weaken Iran.

 

Sectarian warfare is a beyond-the-borders reality in Syria.  Shiite Iran has moved beyond training and supplying regime forces to providing Iranian units for combat.  Domestically, Iran's election of a so-called moderate belies the regime's active support to Assad and acquisition of improved technology to accommodate a faster drive toward nuclear weapons.  There will be no policy change in Tehran. Iran is all in.

The Lebanese Shiite terrorist organization Hezbollah has also dispensed with all pretenses. Hassan Nasrallah, the group's leader, has gone well beyond rhetorical promises to defend the Assad regime. Not merely fighting openly on Syrian battlefields, Hezbollah's guerrilla troops spearheaded the Syrian army's effort to retake the city of Qusayr on the Lebanese border, and now fight on multiple fronts. Hezbollah, too, has pushed its chips to the middle of the table.

The Shia powers in the region have thus firmly established their stake with Assad's Alawite minority in Syria.  Tehran views the fight for Syria as a major opportunity to establish regional Shia dominance.  But Iran's adventurism bears the risk of an historic mistake in the making.  The Sunni majority in Syria is certainly not thriving in opposition to Assad, but the conflict is increasingly populated with foreign Sunni fighters, as well as arms, provided by key Sunni Gulf Arab states.

Regardless of the drama unfolding in Egypt, Sunni Arab nations can still drip feed both fighters and supplies to the opposition while waiting for Turkey to become directly involved and the U.S. and European Union to step up shipments of critical arms.  International pressure does not afford Iran a similar luxury; Syria is not a war by proxy for Tehran.  The prospects of Western arms or intervention, amidst calls for a second Geneva peace conference, only serve to increase pressure on Iran and Hezbollah to maximize battlefield leverage in the near term.

The risks to Iran, and by extension to Hezbollah, are manifold.  Tehran is already pinched by years of international sanctions, and faces another wave of restrictions aimed at the country's access to international capital.  How long can Iran support a widening war in Syria, particularly if Iran's involvement catalyzes further conflicts along its western border with an Iraq already experienced renewed sectarian conflict between Shia and Sunni?  Domestically, at what stage could a spiraling war in Syria engender a reawakening of Iranian opposition groups and a second attempt at a "Green Revolution"?  Newly elected President Rouhani appears highly sensitive to Iran's vunerabilities, as he has already tacked to a new diplomatic course aimed at loosening the grip of sanctions on the economy.

Hezbollah, meanwhile, is in the process of risking its legitimacy throughout the Arab world.  The organization has thrown aside its reputation, built largely via longstanding attempts to represent repressed Muslims everywhere, to engage in open battle for Shia dominance in Syria.  As Hezbollah expends troops and resources in Syria, it must also cover its own home front, a fragile Lebanon exposed to the Syrian violence.  How long might Hezbollah maintain an intense tempo of combat operations in Syria before exhausting its resources, its political support within Lebanon, or both?

U.S. policymakers certainly seem to hope Syria will prove to be a quagmire for Iran and its proxies.  Moreover, Washington increasingly appears inclined to abet such a potentially fortuitous outcome.  More by happenstance than design, U.S. policy has produced a situation where Iran and Hezbollah have taken on the lion's share of risk among external players, producing vulnerabilities the U.S. seems keen to exploit.  Interventionists, of both the humanitarian and conservative stripe, continue to clamor for direct U.S. involvement in Syria.  Their gamesmanship, however, isn't likely to cut it. 

In May, President Obama touched on the realism infusing his cautious approach to intervention in a speech on the nation's counter-terrorism policy.  "Unless we discipline our thinking, our definitions, our actions, we may be drawn into more wars we don't need to fight."   Syria has evolved into a battlefield where the president's assessment appears to be the US does not need to fight, and that is vital for determining what happens next.

The Administration remains averse to injecting US ground troops, but has already committed to arming rebel forces, a development which raises the stakes for Iran and Hezbollah.  The Geneva II peace summit proposed by Secretary of State Kerry has predictably led to intensified fighting as each side aims for greater strategic leverage from battlefield gains.  This situation further validates demands for arms made by the opposition.  A prospective peace summit also provides context for the Mr Obama's public request for plans for a no-fly zone; each side is maneuvering for perceived advantage at the negotiating table prior to committing to Geneva.

Another peace summit, however, will matter little to the key parties on the ground.  The fight is too far underway and the stakes are too high.   A ready supply of foreign Sunni fighters and arms, including the potential introduction of heavy weapons from the EU and U.S. may well ensure a prolonged conflict ultimately draining to Iran and potentially critically destabilizing to Hezbollah.  Turkey and Israel face the sternest tests to contain violence along their borders and resist significant intervention, and the sternest test for U.S. diplomacy may well lie in managing the demands and security concerns of Ankara and Tel Aviv as the war deepens.  For Syrians, they are unfortunately living on a battlefield of convenience in two much larger geopolitical struggles.  But the very nature of those conflicts ensures the Syrian nightmare will not end anytime soon.

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
Saudi allows DTA WHT rates in advance
Egypt unifies tax rate
Kuwait set to cull expat numbers
Abu Dhabi financial FTZ
Saudi offers relief to Kuwaitis in divided zone
US trade up with West Africa
Tax Treaty Updates
FATCA
News from Washington: Syria
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

Matthew Moriarty

Dr Robert Peake

Zeenat Sacranie

Mark Stevens
(Strategic Adviser)

 

 

 

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