Annual report 2010 - plazacenters

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b. Under the participation exemption rules, income (including dividends and capital gains) derived by Netherlands companies in
respect of qualifying investments in the nominal paid up share capital of resident or non-resident investee companies, is exempt
from Netherlands corporate income tax provided the conditions as set under these rules have been satisfied. Such conditions
require, among others, a minimum percentage ownership interest in the investee company and require the investee company
to satisfy at least one of the following tests:
– Motive Test, the investee company is not held as passive investment;
– Tax Test, the investee company is taxed locally at an effective rate of at least 10% (calculated based on Dutch tax
accounting standards);
– Asset Test , the investee company owns (directly and indirectly) less than 50% low taxed passive assets.
c. Dividend distributions from a Netherlands company to qualifying Israeli corporate shareholders holding at least 25% of the shares
of such Netherlands company is subject to withholding tax at a rate of 5% provided certain compliance related formalities have
been satisfied.
India
The corporate income tax applicable to the income of Indian subsidiaries is 33.2175%. Minimum alternate tax (MAT) of 16.99% is
applicable to the book profits (i.e. profits shown in the financial statements). The final tax payable is higher of the MAT liability or
corporate tax payable. If taxes are paid under MAT, then credit to the extent of MAT paid over corporate tax is available (MAT credit).
MAT Credit will be credited, if the company has taxable profits in the following ten years. Capital gains on sale of fixed assets (on which
tax depreciation has not been claimed) and real estate assets are taxed at the rate of 22.145% provided that they were held for more
than 36 months immediately preceding the date of the transfer or 33.2175% if they were held for less than 36 months. Dividends paid
out of the profits are subject to Dividend Distribution Tax at the rate of 16.61%. There is no withholding tax on dividends distributed by
an Indian company and no additional taxes need to be paid by the shareholder. Business losses can be offset against taxable income
for a period of eight years from the incurrence year’s end. There is no limit for carry forward of unabsorbed depreciation.
Cyprus
The taxation of companies incorporated in Cyprus is based on tax residence and all companies are taxed at the rate of 10%. Dividend
income and profits from the sale of shares and other titles of companies are tax exempt. There is no withholding tax on payments of
dividends to non-resident shareholders or shareholders that are companies resident in Cyprus. Companies, which do not distribute
70% of their profits after tax, as defined by the relevant tax law within two years after the end of the relevant tax year, will be deemed
to have distributed as dividends 70% of these profits. A special levy at 15% will be payable on such deemed dividends to the extent
that the shareholders (companies and individuals) are Cyprus tax residents. The amount of deemed distribution is reduced by any
actual dividends paid out of the profits of the relevant year during the following two years. This special levy is payable for the account
of the shareholders.
USA and Australia
Under current Australian income tax legislation, EDT (which is holding two Real Estate Investment Trust (“REIT I” and “REIT 2”)
incorporated in the US) is not liable to pay income tax provided its taxable income (including assessable realized capital gains) is fully
distributed to unitholders, by way of cash or reinvestment. US REIT I and US REIT II have elected to be taxed as Real Estate Investment
Trusts (REITs) under US federal taxation law, and on this basis, will generally not be subject to US income taxes on that portion of the US
REITs’ taxable income or capital gains which are distributable to the US REITs’ shareholders, provided that the US REITs comply with the
requirements of the US Internal Revenue Code of 1986 and maintain their REIT status.
The US REITs may ultimately realize a capital gain or loss on disposal which may attract a US income tax liability if the proceeds from
disposal are not reinvested in a qualifying asset. If the capital gain is realized, it may give rise to a foreign tax credit which would be
available to unitholders. A deferred tax liability is recognized based on the temporary difference between the carrying amount of the
assets in the Statement of Financial Position and their associated tax cost bases.
A current tax liability is recognized in the financial statements for realized gains on disposals of US investments, except where the
proceeds of such disposals are reinvested in a qualifying asset. This special levy is payable for the account of the shareholders. Taxation
allowances for the depreciation of buildings and plant and equipment are claimed by the Trust and contribute to the tax deferred
component of distributions.
Plaza Centers N.V. Annual report 2010109