The ambiguity surrounding Brexit is an issue that is affecting many businesses in a variety of ways, and the international tax implications of Brexit should also be considered.
Currently where profits are distributed, for example by way of a dividend, by a subsidiary company in one-member state to a parent company in another member
state, no Withholding Tax (WHT) is applied to the profits distributed, provided certain criteria are met. This is called the Parent-Subsidiary Directive.
As well as this, there is also the EU Interest & Royalties Directive where any interest or royalties can be paid between two member states without the requirement to withhold tax.
If there is a “no-deal” Brexit and the UK is no longer a member of the EU, the benefits of these directives may be withdrawn, which could result in WHT being applied to these transactions. If this is the case, companies would have to check the domestic tax legislation of the relevant EU country to determine if WHT is applicable.
If under the domestic tax legislation there is WHT to be applied, the next step would be to check if there is a Double Tax Treaty (DTT) between the relevant countries.
The DTT may result in a lower rate of tax but if the transactions are taxed under the domestic tax legislation and the DTT does not reduce this to nil, then potentially the business will be exposed to a new additional tax cost, which can prove challenging to mitigate.
For example, a payment from Italy to the UK post-Brexit may no longer benefit from the EU Directives and would be taxed at a higher rate under the tax treaty or domestic legislation, depending on certain criteria being met. This could result in higher tax costs for groups and tax leakage if not properly planned.
Social security is another obstacle that employers could face when their employees are working in the EU. The existing position for a UK national working in the EU is that the individual will only be liable for social security in the UK if they have secured an exemption certificate.
Post-Brexit, there is a risk the exemption will no longer be recognised, which could result in an additional social security burdens.
Consideration should also be given to the indirect tax implications of a no-deal Brexit:
o Customs Declarations: Any movement of goods between the UK and EU would require presentation of import and export customs declarations.
o Tariff Rates: Tariff rates for imports into the UK will be set on a non-preferential basis using the Most Favoured Nation tariff schedule of the World Trade Organisation (WTO).
o VAT: A no-deal Brexit would bring limited changes to the VAT treatment of cross border transactions.
However, UK businesses would lose the benefit of some of the EU VAT simplifications resulting in a requirement to register for VAT in an EU member state.
o VAT: To avoid the cash flow cost of import VAT, this will be reported on VAT returns rather than being paid at the port. This will apply to imports from EU and non-EU jurisdictions.
It is understandable businesses are confused with the lack of information and, therefore, it is necessary to watch closely the details of the negotiations for Britain’s exit from the EU.
It is also worth engaging with professional advisors with particular expertise in helping you understand your taxation exposure to working overseas, regardless of the size or the stage your business is at.
Helen Brown is International Tax Director at Anderson Anderson & Brown
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