quinta-feira, 28 de agosto de 2014

China allows private foreign owned hospitals. Brazil haven't yet

News like this one won't be seen in Brazil for a while. Here, it is necessary to use complex financial mechanisms in order to make FDI in health care possible. The constitution itself prohibits direct investment in health care by foreigners.




http://www.wantchinatimes.com/news-subclass-cnt.aspx?id=20140828000149&cid=1102&MainCatID=0


Foreign-owned hospitals allowed in more Chinese cities

  • Xinhua
  •  
  • 2014-08-28
  •  
  • 17:26 (GMT+8)
Beijing United Family Hospital and Clinics, one of China's foreign-invested healthcare providers. (Photo/CFP)
Beijing United Family Hospital and Clinics, one of China's foreign-invested healthcare providers. (Photo/CFP)
China has allowed private hospitals solely owned by foreign investors to open in seven cities and provinces, the country's Ministry of Commerce announced on Wednesday.
Wholly foreign-owned hospitals are permitted in the cities of Beijing, Tianjin, Shanghai and the provinces of Jiangsu, Fujian, Guangdong and Hainan, according to a statement jointly issued by the ministry and the National Health and Family Planning Commission dated July 25.
Foreign investors can either set up a new hospital or take part via mergers and acquisitions, it said.
But the ministry specified that only investors from Hong Kong, Macao and Taiwan may set up hospitals featuring traditional Chinese medicine.
Administrative approval procedures will be handled by provincial-level authorities.
Wednesday's announcement came after an agreement was signed on July 22 to pilot the first wholly foreign-owned hospital in China in the Shanghai Free Trade Zone.
The Chinese central government has stressed reform in its healthcare sector following public demand for more and better healthcare services. A cabinet statement in May pledged price reforms in public hospitals and that more private hospitals would be established.
China vowed to expand its healthcare service sector so that it is worth 8 trillion yuan (US$1.3 trillion) by 2020.
There were about 5,400 private hospitals on China's mainland in 2008, with that number rising to 10,877 by the end of Oct. 2013, according to official figures. Public hospitals, which provide 90% of China's medical services, totaled 13,440 by the end of October.

quinta-feira, 17 de julho de 2014

0% withholding tax on services - if you are from the right country

The IRS has recently changed its understanding on the income tax over technical services levied on the payments of services to companies abroad.

The previous rule required the payment of withholding income tax over payments for technical services provided by foreigners, even if the provider were located in countries that had signed Non-Double Taxation Agreements with Brazil.

Instead of that, the IRS determined a new set rules. 

From now on, the technical services paid to countries with which Brazil has Non-double taxation agreements will receive the same tax treatment the NDTA provides for:

a) Royalties: whenever the Agreement expressly provides that technical services shall receive such treatment, in the event the Agreement authorizes the taxation in Brazil;

b) Independent jobs and services: whenever the technical service consists in a technical training or similar; in the event the Agreement authorizes the taxation in Brazil and except the above condition;

c) Profits: when none of the above conditions apply.


In other terms: you may collect less income tax when selling services to Brasil, since income originating from services might be treated as profits and thus become exempt form taxation. 

In most cases, however, services continue to be taxed as Royalties or independent professional services at rates ranging between 10% and 25%.

Remember that this taxation refers only to income tax. Other taxes on services import remain applicable.

In order to facilitate your comprehension of this change, our team conducted a thorough study of all Non-double taxation agreements and conventions in force in Brazil today. The result follows:

Payments to Austria, Finland, France, Japan

- Technical training services (and only training), will be taxed at the rate of 15%.
- Other technical services (including consulting, engineering services, etc.) will be treated as profits, therefore no withholding tax will be charged.

The change in relation to these four countries is the real innovation brought by the new understanding of the IRS.

It is no coincidence that many providers of services to Petrobras come from France, and that several big Brazilian companies have financial centers in Austria.

There is no specific position on the taxation of payments for software licensing. It is not known whether they will continue to be taxed at 15%, as predicted by specific legislation, or if the license can be purchased from the four countries listed here without the imposition of income tax.


Payments to Israel, Mexico and Sweden

The interpretation regarding the taxation of payments remitted to these countries is controversial. 

Despite these NDA prescribe an equivalence between royalties and technical services, these agreements have a clause of "most favored nation" that demands the isonomic treatment of such countries to other countries with Non-double taxation agreements.

Thus, our interpretation is that:

- Technical training services (and only training), will be taxed at the rate of 15%.
- Other technical services (including consulting, engineering services, etc.) will be treated as profits, therefore no withholding tax will be charged.

However, it is necessary to emphasize that this is merely an interpretation and one should wait for futher IRS comments.


Payments to other countries 

(South Africa, Belgium, Canada, Chile, China, Korea, Denmark, Ecuador,

Spain, Philippines, Hungary, India, Italy, Luxembourg, Norway, Netherlands, Peru,

Portugal, Slovak Republic, Czech Republic , Turkey, Ukraine)



Those agreements expressly state the equivalence of technical services and royalties and do not include a clause of "most favored nation". 

the taxation of payments remitted to them is unchanged.

Furthermore, we emphasize that this decision is very recent and the Brazilian Federal Revenue may amend or may change its interpretation.

Once again, we highlight the changes presented regard solely to income tax and do not affect other taxes on services import.


We have drafted a table describing the current status. The Table is a little difficult to read, due to the confuse drafting ot the new rule.  Please be patient.




Country receiving paymentsCategoryRoyaltiesServicesProfessional servicesProfits
Taxation has been reduced on the importation of services imported from these countries
AustriaServices paid to this country should be taxed asa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsServices that are not training shall be taxed as profits
Subject to taxation in Brazil?Yes, if considered independent professional services. If considered as profits, no.Not applicable
FinlandShould be taxed asa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsServices that are not training shall be taxed as profits
Subject to taxation in Brazil?Yes, if considered independent professional services. If considered as profits, no.not applicable
FranceShould be taxed asa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsServices that are not training shall be taxed as profits
Subject to taxation in Brazil?Yes, if considered independent professional services. If considered as profits, no.no
JapanShould be taxed asa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsServices that are not training shall be taxed as profits
Subject to taxation in Brazil?Yes, if considered independent professional services. If considered as profits, no.Yes, if paid by entities domiciled in Brazil.Not applicable
Services imported from these countries may have reduce taxation, due to a "most favorable nation" clause
IsraelShould be taxed asOriginally as Royalties. Due to a specific provision in the Protocol mandating equality of treatment with conventions with other countries, it is possible that it should be treated as independent professional services or profitsa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsServices that are not training shall be taxed as profits
Subject to taxation in Brazil?Yes. Same as Royalties.Yes, if paid by entities domiciled in Brazil.no
MexicoShould be taxed asRoyaltiesOriginally as Royalties. Due to a specific provision in the Protocol mandating equality of treatment with conventions with other countries, it is possible that it should be treated as independent professional services or profitsa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsServices that are not training shall be taxed as profits
Subject to taxation in Brazil?15% for brands; 10% in other cases10%, according to subsequent rules.Yes, if paid by entities domiciled in Brazil.No
SwedenShould be taxed asRoyaltiesLanguage is not clear. Probably a)Independent professional services, provided that the services comprise training; b) otherwise, as profitsa)Independent professional services, provided that the services comprise training; b) otherwise, as profitsServices that are not training shall be taxed as profits
Subject to taxation in Brazil?25% for brands; 15% in other casesYes, if considered independent professional services. If considered as profits, no.Yes, if paid by entities domiciled in Brazil.No.
NO CHANGE
South AfricaShould be taxed asRoyaltiesRoyaltiesnot applicablenot applicable
Subject to taxation in Brazil?Yes. 15% for brands - 10% in other casesYes. Same as Royalties.
ArgentinaShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Yes. Not specifiedYes. Not specified
Bélgica/BelgiumShould be taxed asRoyaltiesRoyaltiesnot applicableNot applicable
Subject to taxation in Brazil?Limited to 10% of the gross paymentsLimited to 10% of the gross payments
NO CHANGE
CanadaShould be taxed asRoyaltiesRoyaltiesnot applicableNot applicable
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 10% in other casesYes. Limited to 25%;; 15% when the services are paid to a Canadian company that does not have 50% or more equity in the Brazilian company.
ChileShould be taxed asRoyaltiesRoyaltiesNot applicableNot applicable
Subject to taxation in Brazil?Yes. Limited to 15%.Yes. Limited to 15%.
ChinaShould be taxed asRoyaltiesRoyaltiesNot applicableNot applicable
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other casesYes. Limited to 25% for brands; 15% in other cases
NO CHANGE
KoreaShould be taxed asRoyaltiesRoyaltiesNot applicableNot applicable
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other cases. According to a subsequent regulation, should not exceed 10%.Yes. Limited to 25% for brands; 15% in other cases. According to a subsequent regulation, should not exceed 10%.
DenmarkShould be taxed asRoyaltiesRoyaltiesNot applicableNot applicable
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other casesYes. Limited to 25% for brands; 15% in other cases. According to a subsequent regulation, should not exceed 15% (only if paid to a Danish company that does not have 50% or more equity in the Brazilian company.)
EcuadorShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other casesYes. Limited to 25% for brands; 15% in other cases.
NO CHANGE
SpainRoyaltiesRoyalties
Yes. 10% for author's rights; 15% in other cases15%, according to subsequent rules.
PhilippinesShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other casesUnclear if 25% or 15%
HungaryShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other casesUnclear if 25% or 15%
NO CHANGE
IndiaShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other casesUnclear if 25% or 15%
ItalyShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Yes. Limited to 25% for brands; 15% in other cases - Currently 15%Currently 15%
LuxembourgShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?15%, according to subsequent rules.
NO CHANGE
NorwayShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?25% for brands; 15% in other cases15%, according to subsequent rules.
NetherlandsShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?25% for brands; 15% in other casesNot clear.
PeruShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Shall not exceed 15%Shall not exceed 15%
NO CHANGE
PortugalShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Shall not exceed 15%Shall not exceed 15%
Czech Republic/SlovakiaShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?25% for brands; 15% in other cases15%
TurkeyShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?15% for brands; 10% in other casesNot clear.
NO CHANGE
UkraineShould be taxed asRoyaltiesRoyalties
Subject to taxation in Brazil?Shall not exceed 15%Shall not exceed 15%