Does this refer to me?
This note applies to individuals and holders of joint accounts who are residents of European Union (“EU") Member States. Individuals resident outside EU are generally not effected, although if you hold a passport issued by an EU Member State you should also read on.
What is the European Union Savings Tax Directive (“EUSD” or “the Directive)?
The EUSD is an agreement between the EU Member States to automatically exchange information with each other about customers who earn savings income in one EU Member state but reside in another. It was approved by the EU Council of Ministers on 2nd June 2003 and is came into effect on 1st July 2005.
The Directive can be applied in two ways:
Exchange of information:
This means that for example, where a resident of France holds a bank account in Germany, the German bank will provide to the German Tax Authorities details of the customer and interest payments on that account. The German Tax Authorities will then in turn provide that information to the French Tax Authorities. This in known as “automatic exchange of information” and enables the French Tax Authorities to compare the amount of income declared by that individual on his or her own French personal tax return with the information provided under the EUSD.
Withholding tax:
Although the EUSD is centred on “automatic exchange of information”, three EU Member States (Austria, Belgium and Luxembourg) have opted to apply a withholding tax instead. Under the withholding tax option, banks automatically withhold tax (initially at a rate of 15%) from interest paid to individuals resident in other EU Member States (but no information regarding individuals is provided to the Tax Authorities in either the State in which the individual is resident or the State in which the bank account is located). It is the Bank’s responsibility to pay the withholding tax on behalf of the customer. Under the withholding tax option the jurisdiction must also offer to customers automatic exchange of information and/ or a system whereby the customer obtains from their local tax authority a certificate which details the source from which the interest payment arises.
How does the EUSD affect Jersey, Guernsey and the Isle of Man?
Although these islands are not part of the EU, they have agreed (along with Switzerland and a number of jurisdictions) to apply similar provisions. They have each decided to follow the same withholding tax option as adopted by Belgium, Luxembourg and Austria. Switzerland has also followed the withholding tax option.
The withholding tax will be known in Jersey, Guernsey and the Isle of Man as a ‘retention tax’. This is to distinguish the Islands from the member States to reflect the fact that they are not part of the European Union and are not subject to the EUSD. When does the EUSD take effect?
The EUSD is currently came into force on 1st July 2005.
So does it affect me?
If you are an individual resident in an EU Member State (e.g. the UK or Spain) and you earn bank interest on an account held with a bank located in the Isle of Man, Jersey or Guernsey, then you will be affected by the EUSD. If you are resident outside the EU then you should fall outside the scope of the EUSD even if you hold a passport issued by an EU Member State. However, you may be asked to provide proof that you are resident outside the EU.
If you are resident in the UK but were born elsewhere you may be non-domiciled for tax purposes on income not remitted into the UK. How will it affect me?
If you are affected by these rules, then interest accrued and paid to you after 1st July 2008 will be paid net of 15% retention tax, unless you elect for the exchange of information option. The rate of retention tax will increase to 20% from 1st July 2008 and 35% from 1st July 2011. If you elect for exchange of information, then no tax will be deducted from interest payments made to you. Instead we will be obliged to advise details to your identity and residence, along with details of the level of interest received and your account number (or where there is none, the identification of the security which gave rise to the interest payment), to the Jersey, Guernsey or Isle of Man Tax Authorities, depending upon where your account is held. These Tax Authorities will then in turn provide this information to the EU Member State in which you are resident. How do these changes affect customer confidentiality rules?
These changes will have no impact upon customer confidentiality unless you elect for the exchange of information option. If you elect for exchange of information then relevant details regarding you, the account and the interest payment will be provided to the Isle of Man, Jersey or Guernsey Tax Authorities who in turn will provide that information to the tax authorities of the EU Member State in which you are resident. Does the EUSD just relate to bank accounts?
No, the EUSD also extends to a number of other forms of “savings income”. These other areas are: interest from, and the proceeds of sale or redemption of, certain bonds and income from certain types of investment funds. The Directive affects:
Interest paid or credited to accounts
Interest rolled up when the balance is repaid
Interest paid out on debt-claims (this would include all UK Government securities and certain other types of bonds)
Interest accrued and paid out on (c) above when such debt-claims are sold (e.g. when a UK Government security is sold the accrued interest portion of the sale proceeds will be savings income for the purposes pf the Directive)
Distributions made by certain unit trusts and other open ended collective investment funds which have invested more than 15% of their investments in debt claims
Accumulated income paid out when units in certain collective investment funds that have invested more than 40% of their investment in debt claims are redeemed, repaid or sold (this percentage will reduce to 25% from 2011). Examples of investments NOT creating savings income
Insurance policies and payments from them
Personal pensions
Purchased life annuities
Winnings from betting including the national, European and other lotteries, but note that Premium Bond prizes DO arise from debt claims
Ordinary and preference shares and dividends from them
Rents from real estate property
Shares in OEICs and units in Unit Trusts (subject to the limits on the funds investment into debt claims) [courtesy of deVere&Partners]