FAQ- INTERNATIONAL TAXATION

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FAQ

International tax deals with laws governing how individuals and companies are taxed across different countries. It's crucial because it can greatly impact a business's finances. Failure to follow these laws can lead to penalties and legal consequences. Understanding international taxes is essential for global businesses.

Residency refers to where an individual or company is considered based for tax purposes. It depends on factors like where they are incorporated, have permanent residence, and conduct business. Residency rules vary among countries and play a key role in determining tax obligations.

Income source indicates where income is earned. It varies across countries. For example, if a US company makes money from sales in France, that income is considered to have a French source. Understanding these rules is crucial to determine which country has the right to tax the income.

Permanent establishment refers to a fixed business location in a foreign country, like an office or warehouse. If a company has such an establishment abroad, it may be subject to taxation in that country. Recognizing and understanding permanent establishments is vital for complying with international tax laws.

Tax treaties are agreements between countries that decide how taxes apply across borders. They prevent double taxation and ensure that income is taxed where it's earned. Treaties can also reduce tax rates and offer benefits. For instance, if a US company operates in Germany, a tax treaty may help avoid double taxation and reduce overall tax liability.

Transfer pricing involves setting prices for goods and services between related entities, like a parent company and its foreign subsidiary. It can be complex, as entities may be tempted to set prices not reflecting market value. Many countries have guidelines ensuring these prices are set at arm’s length, like transactions between unrelated parties.

CFCs are foreign corporations where a US shareholder owns over 50% of the stock. They have significant tax implications as US shareholders are taxed on their share of the CFC’s income. Rules are in place to prevent US shareholders from avoiding taxes by shifting income to foreign subsidiaries. Understanding these rules is crucial for those with foreign business interests.

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