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Belarus - Switzerland — Orbitax Withholding Tax Rates

Capital Gains

  • Best Rates0%
  • Domestic Rates 12%
  • Treaty Rates0%
  • EU Rates-

Domestic

Tax is withheld at the rate of 12% on capital gains realized by non-residents from the sale of shares in Belarusian companies. Effective 1 January 2021 until 31 December 2024, a reduced tax rate of 6% applies for 3 years starting from the first calendar year in which the gains are derived, for capital gains derived from the alienation of equity interests in the charter capital of Belarusian investment funds and bonds of such funds.

Treaty

The following capital gains derived by a resident of one Contracting State may be taxed by the other State:

  • Gains from the alienation of immovable property situated in the other State;
  • Gains from the alienation of movable property forming part of the business property of a permanent establishment in the other State; and

Gains from the alienation of other property by a resident of a Contracting State may only be taxed by that State.

Dividend

  • Best Rates5%
  • Domestic Rates 15%
  • Treaty Rates5%
  • EU Rates-

Domestic

Tax is withheld at the rate of 15% (increased from 12% effective 1 January 2023) from gross dividends distributed to non-residents. A 5% withholding tax applies if the payer is a Belarusian resident in the High Technology Park.

Treaty

5%:15% The 5% rate applies if the recipient company holds at least 25% of the capital or the voting power in the distributing company, as the case may be.

Interest

  • Best Rates8%
  • Domestic Rates 10%
  • Treaty Rates8%
  • EU Rates-

Domestic

Tax is withheld at the rate of 10% from gross interest paid to non-residents. A 5% withholding tax applies if the payer is a Belarusian resident in the High Technology Park. Effective 1 January 2021 until 31 December 2024, a reduced rate of 6% applies for 3 years starting from the first calendar year in which the income was received, for income from debt obligations derived from investment funds in Belarus.

Treaty

5%:8% The 5% rate applies to interest paid to a bank.

Royalty - Copyright

  • Best Rates10%
  • Domestic Rates 15%
  • Treaty Rates10%
  • EU Rates-

Domestic

Tax is withheld at the rate of 15% from gross royalties paid to non-residents. A 5% withholding tax applies if the payer is a Belarusian resident in the High Technology Park.

Treaty

3%:5%:10%. The 3% rate applies on royalties for the use of, or the right to use, patents, secret formulas or processes and information concerning industrial, commercial or scientific experience; the 5% rate applies on royalties for the use of, or the right to use, industrial, commercial or scientific equipment (including transport vehicles); otherwise, the rate is 10%.

Royalty - Patent

  • Best Rates3%
  • Domestic Rates 15%
  • Treaty Rates3%
  • EU Rates-

Domestic

Tax is withheld at the rate of 15% from gross royalties paid to non-residents. A 5% withholding tax applies if the payer is a Belarusian resident in the High Technology Park.

Treaty

3%:5%:10%. The 3% rate applies on royalties for the use of, or the right to use, patents, secret formulas or processes and information concerning industrial, commercial or scientific experience; the 5% rate applies on royalties for the use of, or the right to use, industrial, commercial or scientific equipment (including transport vehicles); otherwise, the rate is 10%.

Royalty - Trademark

  • Best Rates10%
  • Domestic Rates 15%
  • Treaty Rates10%
  • EU Rates-

Domestic

Tax is withheld at the rate of 15% from gross royalties paid to non-residents. A 5% withholding tax applies if the payer is a Belarusian resident in the High Technology Park.

Treaty

3%:5%:10%. The 3% rate applies on royalties for the use of, or the right to use, patents, secret formulas or processes and information concerning industrial, commercial or scientific experience; the 5% rate applies on royalties for the use of, or the right to use, industrial, commercial or scientific equipment (including transport vehicles); otherwise, the rate is 10%.

Sales

  • Best Rates0%
  • Domestic Rates 0%
  • Treaty Rates0%
  • EU Rates-

Domestic

The rate shown is based on physical sales which typically do not attract a withholding tax. Note, however, that more and more countries apply various types of taxes to "digital transactions" and similar. Belarus specifically provides for a withholding of digital services tax at the rate of 15% and VAT at the standard rate of 20% on supplies provided through a digital marketplace in Belarus. For details of such taxes in Belarus, see Sec. 8.2.2. and Sec. 11.2. in Belarus Analysis chapter.

Service - Management

  • Best Rates0%
  • Domestic Rates 15%
  • Treaty Rates0%
  • EU Rates-

Domestic

Tax is withheld at the rate of 15% on payments made by a Belarus resident for management services performed outside of Belarus by a non-resident without a Belarus permanent establishment.

Treaty

The treaty does not specifically deal with technical, management and similar service fees. In line with the OECD Model, this means that said services do not fall under the royalty article and do not attract the royalty withholding tax provided for under the treaty unless the services represent a minor part of a commingled transaction imparting in essence know-how. In that case, the services would follow the qualification of the principal component of the transaction, and may then attract the royalty withholding tax under the treaty. Otherwise, said services may be taxed in the source country only if the recipient has therein a (services) PE and the fees are attributable to that PE. Note, however, that not all countries would adhere to the OECD standpoint. ORBITAX has by default opted for the OECD position and the withholding tax rate is by default set to zero where the treaty does not specifically deal with technical, management and similar service fees. Where the relevant country has a developed policy regarding the treatment of technical, management and similar service fees and the correlation between those and royalties, ORBITAX has sought to cover this in Sec. 5.6. of the country chapters (Qualification of Specific Income Categories for Tax Purposes). For a technical analysis of the issue of services Vs. royalties, ##HowToReadTreatyLink##. For a quick reference as to whether any of a selection of some 350 widely-used tax treaties specifically addresses technical service fees, ORBITAX has developed a proprietary Treaty Analysis allowing you to quickly and easily capture the most salient features of the relevant treaty. In order to access the Treaty Analysis of a particular bilateral tax treaty, select the pair of countries under the Treaties Tab.

Service - Technical

  • Best Rates0%
  • Domestic Rates 15%
  • Treaty Rates0%
  • EU Rates-

Domestic

Tax is withheld at the rate of 15% on payments made by a Belarus resident for technical services performed outside of Belarus by a non-resident without a Belarus permanent establishment.

Treaty

The treaty does not specifically deal with technical, management and similar service fees. In line with the OECD Model, this means that said services do not fall under the royalty article and do not attract the royalty withholding tax provided for under the treaty unless the services represent a minor part of a commingled transaction imparting in essence know-how. In that case, the services would follow the qualification of the principal component of the transaction, and may then attract the royalty withholding tax under the treaty. Otherwise, said services may be taxed in the source country only if the recipient has therein a (services) PE and the fees are attributable to that PE. Note, however, that not all countries would adhere to the OECD standpoint. ORBITAX has by default opted for the OECD position and the withholding tax rate is by default set to zero where the treaty does not specifically deal with technical, management and similar service fees. Where the relevant country has a developed policy regarding the treatment of technical, management and similar service fees and the correlation between those and royalties, ORBITAX has sought to cover this in Sec. 5.6. of the country chapters (Qualification of Specific Income Categories for Tax Purposes). For a technical analysis of the issue of services Vs. royalties, ##HowToReadTreatyLink##. For a quick reference as to whether any of a selection of some 350 widely-used tax treaties specifically addresses technical service fees, ORBITAX has developed a proprietary Treaty Analysis allowing you to quickly and easily capture the most salient features of the relevant treaty. In order to access the Treaty Analysis of a particular bilateral tax treaty, select the pair of countries under the Treaties Tab.