Double Taxation Agreements 28 June 2004

Process

Process Potential Treaties Prioritisation Public Notice Negotiation Initialled State Law Advisors

Process (Cont.) Informal Briefing Executive Authority Signature Ratification Operation

South Africa – Swaziland Double Taxation Agreement

Introduction Follows the OECD Model Convention, which forms the foundation for the vast majority of Double Taxation Agreements (DTAs) worldwide A number of articles have timeframes or percentages attached to them that are usually the subject of negotiation. These articles and other articles of interest in the South Africa – Swaziland DTA are as follows…

Article 5: Permanent Establishment Construction 12 months in OECD Model 6 months in UN Model 6 months in South Africa – Swaziland DTA Services & Professional Services 183 days in UN Model 90 days in South Africa – Swaziland DTA Previously immediate

Article 8: International Transport Normally restricted to air and sea transport Extended to rail and road transport in view of Swaziland’s land locked situation

Article 10: Dividends Withholding tax of 5% or 15% proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa – Swaziland DTA Shareholding of 25% and more: 10% Other shareholding: 15%

Articles 11: Interest Withholding tax of 10% proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa – Swaziland DTA: 10%

Articles 12 and 13 No withholding tax proposed by OECD Model In practice, withholding taxes vary widely internationally South Africa – Swaziland DTA Article 12: Royalties: 10% Article 13: Technical Fees: 10%

Article 22: Double Taxation Both South Africa and Swaziland use the credit system for eliminating double taxation Tax sparing is permitted provided that both countries’ competent authorities agree to its application, which ensures that the concession is not abused This treatment is consistent with that adopted with respect to SADC countries

Article 27: Assistance in Recovery Recent addition to OECD Model (2003) Underpinned by section 93 of the Income Tax Act, 1962, which sets out the procedure for recovery of taxes on behalf of another tax authority

Protocol Confirms that a Swazi branch profits tax of up to 10% of repatriated income does not infringe on Article 23(2) on non-discrimination with respect to permanent establishments A similar provision dealing with South Africa’s branch profits tax is included in Article 23(5)

Questions?