Introduction: Withholding tax (WHT) is the amount withheld by the party, making a payment to another (payee)and paid to the taxation authorities. The amount the payer deducts may vary, depending on: The nature of the product or service being paid for (supply of goods, equipment, rental of services) The status of the payer and the status of the payee (supplier) in the related country (PE, certificate Y/N, country of residence, etc.) The location where the service is performed or made (in- or outside the country) Purpose The purpose of WHT is to counteract tax evasion and tax avoidance by domestic or international taxpayers. In some jurisdictions, the purpose of deduction is also to facilitate or accelerate tax collection. How does WHT works To comply with WHT, the company has to: Withhold Tax from the payment to the supplier/subcontractor (when there is no exemption certificate) Obtain an exemption certificate from the supplier before any payment is made Take the WHT on our account. The supplier is paid the full amount of the invoice, even if there is no exemption certificate. The WHT is an additional operating cost that we agree to pay for the goods or services purchased (Gross up) When no exemption certificate is granted to the supplier, the company needs to withhold, declare, and pay the WHT-amount to the tax authorities. A certificate confirming the remitted amounts may be provided or arranged by the payer and sent to the supplier. The supplier can declare its activities, pay taxes, and reclaim the amount of WHT already paid by the company. Generally, a payment is subject to WHT if: The supplier/subcontractor is a non-resident of the project-country The services/goods are provided within the project-country (on-site) Drivers for WHT The main drivers for WHT are; Country of the project Residence of the supplier/subcontractor Source of the income – the place where the services are performed Product or service Examples: A non-US-resident subcontractor performs dredging activities in the US waters. Payments to this subcontractor are subject to WHT Equipment is rented by the company in, e.g., Ireland, from a non-resident company. The rental payment is subject to WHT. Gross up When the purchasing department decides to gross-up costs for a supplier (because there is no alternative supplier accepting the withholding tax/lack of experience in the country, etc.), the following rules apply: this is an exceptional purchasing decision by supplier that needs to be validated by management the existing PO must be updated by adding an item „Gross up‟ linked to the appropriate GL-account…
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