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Corporate Tax 2010 - BMR Advisors

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Arias & Muñoz<br />

Honduras<br />

corporation in Honduras are imposed upon the formation of a<br />

subsidiary (i.e. registration taxes and Bar Association taxes).<br />

Capital duties have been repealed since the year 2002.<br />

6.5 Would a branch benefit from tax treaty provisions, or some<br />

of them<br />

No, they would not.<br />

Honduras<br />

6.2 Are there any other significant taxes or fees that would be<br />

incurred by a locally formed subsidiary but not by a<br />

branch of a non-resident company<br />

None; even though the process of incorporation of both types of<br />

companies differ somewhat, the expenses incurred due to taxes or<br />

fees are similar.<br />

6.3 How would the taxable profits of a local branch be<br />

determined<br />

In the same manner as a local corporation; the operations of a<br />

branch in Honduras are deemed independent from headquarter<br />

operations and the profits are regulated exactly as a local<br />

corporation. Gross profits minus reasonable expenses equal net<br />

profits which are taxed at the corporate rate applicable.<br />

6.4 Would such a branch be subject to a branch profits tax (or<br />

other tax limited to branches of non-resident companies)<br />

6.6 Would any withholding tax or other tax be imposed as the<br />

result of a remittance of profits by the branch<br />

The remittance of profits by the branch of a non-resident company<br />

is not subject to any withholding tax.<br />

7 Anti-avoidance<br />

7.1 How does Honduras he issue of preventing tax avoidance<br />

For example, is there a general anti-avoidance rule or a<br />

disclosure rule imposing a requirement to disclose<br />

avoidance schemes in advance of the company’s tax<br />

return being submitted<br />

Under Honduran Law tax evasion is considered as a crime. An<br />

Anti-tax avoidance law is under the National Congress’s<br />

consideration which will empower our tax authority with more<br />

faculties to investigate and fight tax evasion.<br />

Branch profits are treated in the same manner as corporate taxes of<br />

local companies. For fiscal purposes branches are considered local<br />

companies and their profits are regulated and taxed in identical<br />

manner. Honduras has no special taxes for authorised branches of<br />

non-resident companies.<br />

122<br />

WWW.ICLG.CO.UK<br />

ICLG TO: CORPORATE TAX <strong>2010</strong><br />

© Published and reproduced with kind permission by Global Legal Group Ltd, London

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