Miguel Borg - Bank of Valletta
Miguel Borg - Bank of Valletta
Miguel Borg - Bank of Valletta
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november 2011<br />
from your investor<br />
relations <strong>of</strong>ficer<br />
The Office <strong>of</strong> the Company Secretary and the Investor Relations Officer at <strong>Bank</strong> <strong>of</strong> <strong>Valletta</strong><br />
is your link to your shareholding in the <strong>Bank</strong> <strong>of</strong> <strong>Valletta</strong> plc., where, as a BOV shareholder,<br />
you are assured <strong>of</strong> individual attention whenever you get in touch with us.<br />
A subject that is <strong>of</strong>ten the topic <strong>of</strong><br />
queries from our shareholders is<br />
the tax paid on BOV dividends. I<br />
am reproducing the most common<br />
questions that are asked on this<br />
subject, as well as the respective<br />
replies and explanations. This<br />
information is not intended to<br />
constitute tax advice and it is being<br />
provided by way <strong>of</strong> general information.<br />
Who can help me with the<br />
completion <strong>of</strong> my tax return, and<br />
what documentation is required<br />
to claim any tax paid on dividends<br />
received on BOV shares?<br />
Assistance on the completion <strong>of</strong> your<br />
tax return and/or the treatment <strong>of</strong> tax<br />
paid on dividends should be sought<br />
from the Department <strong>of</strong> Inland Revenue<br />
or a pr<strong>of</strong>essional tax advisor. The<br />
<strong>Bank</strong> cannot provide tax advice to its<br />
shareholders.<br />
The <strong>Bank</strong> will, however, provide you<br />
with evidence <strong>of</strong> tax paid on your<br />
dividend payments in the form <strong>of</strong> a<br />
dividend advice, which you may utilize<br />
in support <strong>of</strong> any tax claims filed with<br />
the Commissioner <strong>of</strong> Inland Revenue.<br />
Why is tax deducted at the rate <strong>of</strong><br />
35%, and why cannot I receive my<br />
BOV dividend gross <strong>of</strong> tax?<br />
A question that arises from time to time<br />
is why dividends paid on BOV Shares<br />
are not taxed at the rate <strong>of</strong> 15%, as is<br />
the case for interest on bonds.<br />
In terms <strong>of</strong> the Income Tax Act (Chapter<br />
123 <strong>of</strong> the laws <strong>of</strong> Malta) and the<br />
Income Tax Management Act (Chapter<br />
372 <strong>of</strong> the laws <strong>of</strong> Malta), the tax<br />
12<br />
treatment <strong>of</strong> income derived from bonds<br />
is different from the tax treatment <strong>of</strong><br />
income derived from shares. Bonds<br />
pay interest, which is subject to Final<br />
Withholding Tax at the rate <strong>of</strong> 15%. The<br />
bondholder has the option to deduct<br />
this tax at source, but may also opt to<br />
receive a gross payment.<br />
On the other hand, shares pay<br />
dividends, which are subject to a<br />
different tax treatment. First, tax on<br />
dividents is paid at source in Malta,<br />
and thus there is no option to receive<br />
a gross dividend payment on BOV<br />
Shares. Secondly, the rate <strong>of</strong> tax<br />
payable depends on the source <strong>of</strong><br />
the revenues from which dividends<br />
are paid.<br />
In broad terms, the <strong>Bank</strong>’s revenues<br />
are categorized according to the nature<br />
<strong>of</strong> the activities through which they<br />
were generated. Revenues are then<br />
deposited in the appropriate reserves<br />
(or accounts) in accordance with the<br />
relevant legislative provisions. Dividends<br />
are then paid from these reserves, and<br />
each reserve is subject to a specific rate<br />
<strong>of</strong> tax.<br />
If a dividend is paid from a reserve<br />
which is taxable at the rate <strong>of</strong> 35%, then<br />
the dividend will be taxable at 35%, and<br />
as stated above, tax is paid at source<br />
and there is no option to receive a<br />
gross payment.<br />
A recent example is the payment <strong>of</strong><br />
the <strong>Bank</strong>’s interim dividend on the<br />
28 May 2011, which was paid from a<br />
reserve called the ‘Immovable Property<br />
Account’, taxable at 35%.<br />
The reserves from which dividend<br />
payments are effected together with<br />
the amount <strong>of</strong> dividend paid from each<br />
reserve and the tax rate applicable to<br />
each reserve are listed on the<br />
tax advice.<br />
Does the above also apply if I am a<br />
non-resident <strong>of</strong> Malta and pay tax in<br />
my home country?<br />
Yes. A non-resident may, however, be<br />
eligible to claim the tax paid from the<br />
Commissioner <strong>of</strong> Inland Revenue and<br />
can utilize the tax advices supplied by<br />
the <strong>Bank</strong> in support <strong>of</strong> such tax claims.<br />
What is the tax position <strong>of</strong> bonus<br />
shares?<br />
The tax position <strong>of</strong> bonus shares is the<br />
same as that for dividend payments.<br />
Indeed, in terms <strong>of</strong> the Income Tax Act,<br />
dividends include bonus shares. In<br />
simple terms, when a company issues<br />
bonus shares, the company would be<br />
distributing pr<strong>of</strong>its to its shareholders,<br />
which however are being capitalized in<br />
the form <strong>of</strong> bonus shares.<br />
Upon allocating the bonus shares to<br />
shareholders, the <strong>Bank</strong> sends a tax<br />
advice to the shareholder which lists the<br />
gross, tax and net amounts involved in<br />
the allocation <strong>of</strong> the bonus shares.<br />
The certificate constitutes a dividend<br />
advice and can be utilized to support<br />
any tax claims in the same way tax on<br />
dividend payments may be claimed.<br />
Yours sincerely,<br />
Stefan Kottmann Soler<br />
Investor Relations Officer