Informationen für Kunden zur Anbindung - SIX Financial Information
Informationen für Kunden zur Anbindung - SIX Financial Information
Informationen für Kunden zur Anbindung - SIX Financial Information
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Reference Data & Pricing<br />
Compliance, taxation, regulation<br />
January 2012
Contents<br />
1 Introduction 3<br />
2 Compliance, taxation, regulation 4<br />
2.1 MiFID 4<br />
2.2 EUSD-2005 4<br />
2.3 EUSD-2009 4<br />
2.4 SNB reporting 4<br />
2.5 Taxable securities 5<br />
2.6 SEC Rule 22-C-2 5<br />
2.7 UK Tax 5<br />
2.8 Fund reporting in Austria 6<br />
2.9 French taxation / reporting and regulation 6
1 Introduction<br />
<strong>SIX</strong> Telekurs offers our clients a number of different service packages to meet<br />
your needs in the areas of tax information and regulatory requirements. This<br />
document provides an overview with brief descriptions of our services related to<br />
regulation and compliance.
2 Compliance, taxation, regulation<br />
2.1 MiFID<br />
The European Union’s Markets in <strong>Financial</strong> Instruments Directive (MiFID) has the following<br />
objectives: market efficiency (with respect to competition and transparency in securities trading),<br />
investor protection, harmonization of business processes and regulations, and collaboration<br />
between national supervisory authorities. The <strong>SIX</strong> Telekurs service for MiFID provides a<br />
comprehensive assortment of data that delivers the classification of the relevant instruments<br />
(e.g. complex instruments/non-complex instruments) and key data for reporting to supervisory<br />
authorities, as well as important basic information to define the best execution policy (e.g.<br />
determining the best trading venue). Furthermore, it shows the different categories of trading<br />
centers under the MiFID guidelines and the categorization of listings on the basis of complex<br />
regulations.<br />
For more information, please click on the following link:<br />
http://www.six-telekurs.com/dl_tkfich_customers_documentation_compliance_mifid_en.pdf<br />
2.2 EUSD-2005<br />
In connection with the European Union's directive on the taxation of savings income (European<br />
Union Savings Directive/EUSD), <strong>SIX</strong> Telekurs offers a comprehensive selection of data that<br />
encompasses the tax classification of several hundred thousand financial instruments. This<br />
includes specifications whether any given instrument is subject to the directive or excluded from<br />
it. Moreover, for investment funds <strong>SIX</strong> Telekurs publishes the “asset tests” submitted by the<br />
individual fund providers and derives from these the corresponding tax status. The same<br />
approach applies to structured products, where key figures submitted by the issuer are likewise<br />
analyzed for purposes of establishing their tax status before being delivered via VDF. The Swiss<br />
Federal Tax Administration (FTA) has conferred upon <strong>SIX</strong> Telekurs the status of a recognized<br />
data provider for this service.<br />
For more information, please click on the following link:<br />
http://www.six-telekurs.com/dl_tkfich_customers_documentation_compliance_eusd_en.pdf<br />
2.3 EUSD-2009<br />
The EUSD 2009 service is a supplement to the EUSD-2005 package that encompasses the<br />
classification of structured products from the Swiss tax perspective. All the structured products<br />
available in VDF are marked with one of 19 codes defined by the authorities according to rules<br />
agreed with the Swiss Federal Tax Administration (FTA). The FTA has conferred upon<br />
<strong>SIX</strong> Telekurs the status of a recognized data provider for this service.<br />
For more information, please click on the following link: http://www.sixtelekurs.com/dl_tkfich_customers_documentation_compliance_eu_savings_e.pdf<br />
2.4 SNB reporting<br />
Banks active in Switzerland are legally obliged to report their securities holdings on a regular<br />
basis to the Swiss National Bank (SNB), not only from various technical standpoints but also<br />
according to the type of custody account holder. The SNB provides a standardized format for<br />
this reporting. <strong>SIX</strong> Telekurs indicates which reporting category should be selected for any<br />
instrument that has to be reported, providing the technical name of the category in question as<br />
well as the lines of the “securities survey” in VDF. This makes the reporting task significantly<br />
easier for clients, and relieves them of the often complex and laborious decisions on which<br />
category to select.
2.5 Taxable securities<br />
The Federal Act on Taxable Securities (formerly “Stamp Duty”) sets out the duty payable on<br />
securities transactions. In the area of complex structured products in particular, but also for<br />
investment funds, assessment of the products of the various market participants for tax<br />
purposes can differ greatly. This is why the Swiss Federal Tax Administration (FTA) has given<br />
<strong>SIX</strong> Telekurs a mandate to develop a corresponding service and to implement the<br />
corresponding mechanisms as agreed with the authorities for classifying instruments according<br />
to their tax treatment. The FTA has conferred upon <strong>SIX</strong> Telekurs the status of a recognized data<br />
provider for this service.<br />
2.6 SEC Rule 22-C-2<br />
The SEC Rule gives fund providers in the US the option of levying an additional redemption fee<br />
of up to 2% of the settlement amount if the units in question are held for a shorter duration than<br />
the defined minimum period. These fees may be retained by the fund to cover the costs<br />
resulting from the short-term trading strategy of the investors in question. The idea behind the<br />
ruling is to curb speculative activity in investment funds. The corresponding data offer from<br />
<strong>SIX</strong> Telekurs includes details of whether a fund levies a supplementary redemption fee. In<br />
addition, the level of the fee in question and the holding periods set by the fund (including<br />
custody account blocking periods) are provided in message type TKFSD “Tax and Reporting /<br />
Regulation”. Miscellaneous other information relating to the SEC Rule is also provided, including<br />
the regulations of the fund provider with respect to the number of “round trips” that the investor<br />
needs to take account of (the entire cycle from issuance to redemption of fund units). Obtaining<br />
this data involves costs and requires authorization. A corresponding entitlement to access the<br />
data is therefore required.<br />
For more information, please click on the following link: http://www.sixtelekurs.com/dl_tkfich_customers_documentation_compliance_secrule_22_en.pdf<br />
2.7 UK Tax<br />
In the area of UK taxation, <strong>SIX</strong> Telekurs offers information on UK stamp duty, capital gains tax,<br />
and the PTM levy. UK stamp duty is levied on transactions for securities and other assets such<br />
as real estate in the United Kingdom. Capital gains tax is also levied in the UK. The PTM levy is<br />
an automatically triggered fee that must be paid to the London Stock Exchange by investors<br />
buying or selling shares of a particular aggregate value (PTM = Panel on Takeovers and<br />
Mergers). This information is provided in message type TKFSD “Tax and Reporting /<br />
Regulation” under the corresponding tax names. This indicates whether the instrument in<br />
question is subject to the tax or exempt from it. Accessing this data involves no separate costs<br />
but requires special clearing.<br />
5 | Compliance, taxation, regulation – Reference Data & Pricing from <strong>SIX</strong> Telekurs
2.8 Fund reporting in Austria<br />
Under Austrian regulations, foreign funds permitted for sale in Austria are subject to a reporting<br />
obligation. So-called blütenweisse Fonds (“brighter than white funds”) are subject to a daily<br />
reporting obligation for Austrian capital gains tax purposes, whereas funds that have lost their<br />
brighter-than-white status are no longer subject to this reporting obligation. So-called weisse<br />
Fonds (“white funds”) are subject to an annual reporting obligation for Austrian capital gains tax<br />
purposes. This information is provided in message type TKFSD “Tax and Reporting /<br />
Regulation” under the corresponding regulation names. Obtaining data on brighter-than-white<br />
funds requires authorization. A corresponding entitlement requirement therefore applies.<br />
2.9 French taxation / reporting and regulation<br />
This tax and reporting/regulation information is essential for financial institutions with French<br />
investment clients if tax and compliance requirements are to be processed efficiently and<br />
competently on these investors’ behalf. Included are information on securities authorized for the<br />
equity savings plan “Plan d’Epargne en Actions” (PEA), details on capital gains tax and<br />
redemption premium tax (tax prime de remboursement), as well as tax information on dividend<br />
payments and their specifications under the French double taxation agreement. The data<br />
contained in the package is provided in message types TKFSD “Tax and Reporting /<br />
Regulation” and TKXSD “Tax” under the country code “France”.<br />
For more information, please click on the following link: http://www.sixtelekurs.com/dl_tkfich_customers_documentation_compliance_french_tax_e_uk.pdf<br />
6 | Compliance, taxation, regulation – Reference Data & Pricing from <strong>SIX</strong> Telekurs