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INVESTKREDIT BANK AG - Xetra

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Accrued interest for the time of ownership is also subject to this advanced interest income tax and<br />

solidarity-surcharge tax.<br />

The tax withheld from tax residents will be credited as a prepayment for purposes of the tax<br />

assessment and will be repaid in case of overpayment. Persons who are not tax residents and have<br />

held Notes in their own custody will receive a refund of the tax deducted pursuant to existing double<br />

taxation treaties (if applicable).<br />

The above summary is not exhaustive. It does not take into account the possible taxation of<br />

speculative capital gains or other special considerations that may apply in a particular situation.<br />

Investors and other interested parties are required to obtain individual tax advice in connection with<br />

the acquisition and holding, as well as the sale or repayment of Notes.<br />

Proposed EU Directive on the Taxation of Savings Income<br />

On 21 January 2003 the Council of the European Union approved an amended proposal for a<br />

directive on taxation of savings income, which modifies the prior savings directive proposal dated<br />

13 December 2001 in some areas but is generally consistent with it. Following the agreement, all<br />

EU Member States, with the exception of Austria, Luxembourg and Belgium, will automatically<br />

exchange information about cross border EU interest payments originating in their territories which<br />

are paid to individuals after the Directive comes into effect (probably 1 January 2004).<br />

The position of Austria, Luxembourg and Belgium is that they will be allowed to levy a withholding<br />

tax on such payments in lieu of exchanging information. The rate of withholding tax is 15% initially,<br />

rising to 20% in 2007 and 35% in 2010. 75% of the proceeds derived from such tax withholding on<br />

interest will be passed on by Austria, Belgium and Luxembourg to the residence countries of these<br />

individuals. The agreement reached on 21 January 2003 does not necessarily commit Austria,<br />

Luxembourg and Belgium to move to an automatic exchange of information system after 2010, but<br />

makes this move dependent on the EU reaching unanimous agreement on satisfactory information<br />

exchange arrangements with the US, Switzerland and other territories.<br />

Holders who are individuals should note that, if this proposal is adopted, the Issuer will not<br />

pay any additional amounts under § 5 of the Terms and Conditions of the Notes in respect of<br />

any withholding tax imposed as a result thereof.<br />

27

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