AmCham Macedonia Spring 2016 (issue 49) | Page 14

ANALYSIS Binding Opinions Increase Tax Certainty Author: Milen Raikov, Executive director, Tax, Law, Bulgaria, Macedonia, Albania, Kosovo & Co-chairman of AmCham Bulgaria’s Tax and Financial Committee In the last decade, the Balkan region has cemented its reputation as a low tax area. One by one, competing for investments and trying to compensate for disadvantages like slow public services and overregulation, many countries in the region hit minimum levels of taxation. Bulgaria, Kosovo, Montenegro and Serbia levy 10% corporate tax rates. Macedonia is also in the club, though until just recently, corporate profits in Macedonia weren’t taxed whatsoever until distribution to shareholders. Personal tax levels in most of the countries are also rather low, though they are partially buoyed by social security rate increases, which seem to be a trend recently. So, why is this region still far from an investment heaven? The tax environment is still part of the answer, in addition to issues like the lack of a readily available workforce and low consumption levels. Some years ago, the Tax and Financial committee of AmCham Bulgaria asked members which tax incentive other than lower tax rates they would like to see most. The top answer was binding rulings. Based on my experience with a number of clients in the region, I trust the answer would not differ greatly throughout the entire region. Why binding rulings? There are many reasons for the lack of predictability of low and simple taxation systems in the region, including their short history, lack of long term tax policy, frequent changes in the law, frequent changes of governments and upper-level tax officials, lack of detailed regulations, legislation lagging behind quickly modernizing economies that are open to the West and a lack of capacity for regulating all changes. What is the result? In some countries, investors find that all tax laws added together have fewer pages than a single EU-country tax law and are highly insufficient to provide clear answers on questions key to their investment. Investors would seek professional advice or submit 14  Spring 2016  Issue 49 Once issued,these rulings should bind the tax authorities with the treatment prescribed. This means that they cannot be revised during a tax audit, or, if the tax administration changes its view, it would not lead to penalties. queries to the national tax administration, but none of that would protect them in case of a tax audit. Thus, though wanting to comply, investors often have to assume the risk of non-compliance with tax law, preventing them from being able to calculate the tax cost of the investment and thus its return. In a region where few countries are in the EU (where extensive court practices can be relied upon), and in the context of a lot of exceptions to tax deductibility of costs, frequent compromises with the deductibility of VAT, peculiarities in the treatment of transactions, the lack of predictibility can be a showstopper. Therefore, despite low nominal tax rates, many investors’ first concern is the effective level of taxation. What are binding rulings, exactly? Binding rulings are different from country to country but have some common features. They are interpretative acts of the tax