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Corporate Tax 2010 - BMR Advisors

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Klavins & Slaidins LAWIN<br />

Latvia<br />

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

of them<br />

Branches benefit from tax treaty provisions with respect to articles<br />

on business profits and allocation of income and expenses to<br />

permanent establishments as tax treaties generally have more<br />

beneficial terms.<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 />

Withholding tax is not charged on payments made by a branch to its<br />

head office.<br />

7 Anti-avoidance<br />

7.1 How does Latvia address the issue of preventing tax<br />

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

rule or a disclosure rule imposing a requirement to<br />

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

tax return being submitted<br />

Avoidance is addressed through several provisions. Most<br />

importantly, payments made to statutorily designated low tax zones<br />

are subject to 15% withholding tax unless approval has been<br />

obtained from the tax authorities in advance to not withhold the tax.<br />

Other anti-avoidance provisions include requirements to regularly<br />

report cash transactions and payments to non-residents.<br />

Latvia<br />

Zinta Jansons<br />

Klavins & Slaidins LAWIN<br />

15 Elizabetes Street<br />

Riga, LV-1010<br />

Latvia<br />

Tel: +371 6 781 4848<br />

Fax: +371 6 781 4849<br />

Email: zinta.jansons@lawin.lv<br />

URL: www.lawin.lv<br />

Zinta Jansons is the Head of the <strong>Tax</strong> practice at Klavins & Slaidins<br />

LAWIN, specialising in tax and corporate law. Qualified in New York<br />

(1999) and New Jersey (1999), USA, she is a member of the<br />

International and American Bar Associations. Zinta Jansons advises<br />

on tax matters relating to M&A deals, real estate transactions,<br />

banking and securities transactions, and other complex business<br />

transactions involving international and domestic companies. She<br />

also represents and advocates tax payers’ interests with the tax<br />

authorities. She has more than 10 years experience consulting in<br />

the Baltic region. Zinta has a J.D. degree from Seton Hall School of<br />

Law, Newark, NJ, USA (1998) and B.Sc. from the School of<br />

Business at Rutgers University, New Brunswick, NJ, USA (1993).<br />

Zinta is a regular commentator on corporate tax issues in Latvia and<br />

a guest lecturer at the Riga Graduate School of Law. Languages:<br />

English and Latvian.<br />

Elina Girne-Berzina<br />

Klavins & Slaidins LAWIN<br />

15 Elizabetes Street<br />

Riga, LV-1010<br />

Latvia<br />

Tel: +371 6 781 4848<br />

Fax: +371 6 781 4849<br />

Email: elina.girne-berzina@lawin.lv<br />

URL: www.lawin.lv<br />

Elina Girne-Berzina is a Sworn Attorney and a member of the <strong>Tax</strong><br />

practice at Klavins & Slaidins LAWIN, specialising mainly in tax law<br />

and general corporate issues. Elina consults clients in relation to<br />

immigration requirements, terms of tax payments in commercial<br />

transactions and commercial activity in general, drafting of contracts<br />

and labour law.<br />

Elina has a lawyer’s degree from the Faculty of Law of the University<br />

of Latvia (dipl. iur. 2003). She was admitted to the Latvian Sworn<br />

Attorneys Collegium as Sworn Attorney (2003). Elina acted as the<br />

national representative of the International Association of Young<br />

Lawyers AIJA (Association Internationale des Jeunes Avocats) for<br />

Latvia in 2005-2008. Since 2008, she is a member of the AIJA<br />

Executive Committee. Languages: Latvian, English and Russian.<br />

Klavins & Slaidins LAWIN is the leading and largest law firm in Latvia providing services in all major fields of<br />

business/commercial law and distinguished by high-quality standards, extensive experience and leading specialists.<br />

The Firm is a member of LAWIN - a group of the leading Baltic law firms that have gained their reputation for<br />

consistently being at the heart of the largest and most complex commercial and financial transactions. With over 130<br />

lawyers, LAWIN is the largest legal presence working in the Baltics. LAWIN firms are also the exclusive members for<br />

the Baltic States of Lex Mundi and World Services Group.<br />

Klavins & Slaidins LAWIN and its lawyers are constantly top-ranked by the most prestigious international legal<br />

directories. The recent recognitions include Who’s Who Legal “Latvia Law Firm of the Year” awards for both 2008 and<br />

2009, and IFLR “Baltic Law Firm of the Year” award for 2008.<br />

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

© Published and reproduced with kind permission by Global Legal Group Ltd, London<br />

WWW.ICLG.CO.UK 153

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