Most business owners have an idea of what a treaty is. They understand from a top level that it is an agreement between two or more countries regarding things like international borders, trade between the countries, and tax on residents of the countries. Business owners might think of treaties as largely academic documents that will not affect their day to day business. Or when they do think about treaties, they think only of the positive outcomes like a free trade agreement and its positive impact on business opportunities.
So, why should business owners care about tax treaties? Tax treaties reduce taxes! The simplest way they reduce taxes is the reduction or elimination of withholding taxes between countries. This will always have a huge impact on international commerce. With no treaty in place an off-shore business trying to do business in another country, Canada for example, will usually have 25% of the gross sales withheld by the government of the country they are doing business with. 25% is huge. It is enough to stop international trade. A tax treaty between the two countries will usually lower that withholding tax rate to 5% for example or even eliminate it.
This is great news for business. The reduction of withholding taxes makes it more attractive to reach out and do business in other countries.
The good news does come at a cost. There is paperwork. The paperwork can range from having something as simple as having to register to do business in the other country, to having to report in advance each transaction so that each transaction is exempt from withholding and ultimately to filing tax returns in the other country that report the business activities and authorize the lower or zero tax rate.
There is often a big difference between the top level theory that a tax treaty eliminates or reduces taxes and the day to day reality of filing the necessary paperwork to make that possible. This is where a knowledgeable accountant and a proactive approach is essential.
One other way that tax treaties reduce taxes is that they clarify who gets taxed and in which country. For example, a business transaction might be taxable in only the country of origin or only the country of delivery or in both countries (but at reduced rates). The treaty spells out what taxes are charged and to what types of business. The concept underlying most treaties is that the home base normally gets the tax but setting up a residence or permanent establishment in the other country will make the income taxable in that other country. This normally makes sense to business people. What doesn’t make sense to them is the rules that establish whether or whether not you have a permanent establishment or residence in a country or not.
Tax treaties appear to be good things for business but not all countries have tax treaties. In Canada, for example, there are currently 92 tax treaties in force, 4 pending and 8 under negotiation.
There is another type of agreement. Tax information exchange agreement TIEA). Canada currently has 19 in force, 3 pended and 8 under negotiation.
This type of agreement does not cover any of the tax relief provisions that a tax treaty does. It primarily allows the exchange of information. This could be construed as a tool to find and prevent tax avoidance but it also has a supportive business aspect. When the two governments have this agreement in place it is easier for a business doing business in both countries to use things like foreign tax credits and “exempt surplus” (income that has already been taxed once and is exempt from further taxation) to offset taxes.
Tax treaties and TIEA’s are very important to international business. They reduce or remove the possibility of double taxation. However claiming the tax reductions requires paperwork.
If you have any questions about tax treaties and how they can save your business income tax, please call or email us.