Caribbean Investment IQ December 2013 | Page 68

Wade George Tax Director Ernst & Young Colin Ramsey Senior Manager Ernst & Young Nassim Mohammed Senior Manager Ernst & Young The Impact of Withholding Taxes on Investments in the Region The levying of withholding taxes on payments to non-residents is a common feature of taxing statutes in the Commonwealth Caribbean. Bearing in mind that the statutory rates of withholding tax in the region can be as high as 33 1/3%, withholding tax should be of crucial importance when foreign investors are evaluating the cost of doing business in the region. A non-resident entity may be subject to either income tax/ corporation tax or withholding tax on income derived from within the jurisdiction. Generally, an entity would be subject to income tax/corporation tax where it is engaged in a trade or business in the jurisdiction or where it has a taxable presence therein such as a branch or other fixed place of business. On the other hand, payments to a non-resident would be subject to withholding tax where such non-resident is not trading in the jurisdiction or otherwise has no taxable presence therein. In this regard, it should be noted that income tax/corporation tax is levied on a net basis (i.e. after deducting all relevant expenses and allowances) while withholding tax is generally due on the gross amount of the payment without any deduction. While the onus is o