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Changes to withholding tax rates on interest paid to non-resident companies — Orbitax Tax News & Alerts

On 3 February 2009, the Official Gazette No. 27130 published Decree of Council of Ministers No. 2009/14593 amending the withholding tax rates on interest paid to non-resident companies. The new withholding tax rates effective as of 3 February 2009 are summarized below.

Interest on credits from non-resident corporations

Previously, the zero rate applied, inter alia, to interest on credit contracts paid to foreign states, international institutions or to foreign banks and other corporations.

After the amendments, in order to qualify for the zero rate, the non-resident "other financial institutions" must (i) be authorized to habitually provide credits in the country in which they are established, and (ii) provide credits not only to the related companies but also to all individuals and legal entities. Otherwise, the 10% withholding tax rate would apply.

Other loans

The previously applicable 10% withholding tax rate was reduced to 1% for:

-   credits received by banks as subordinated loans similar to equity; and
-   credits received by banks and other corporations by way of securitization abroad.

A new 5% rate applies to interest for sale of goods on credit (previously, 10%).