Amended RP-Germany DTA lowered preferential rates for dividends, interests, and royalties

(Revenue Memorandum Circular No. 15-2016, Feb 15, 2016)

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The RP-Germany Double Taxation Agreement (DTA) signed in 1983 has been renegotiated to take effect beginning January 1, 2016. The renegotiation lowered certain treaty rates as follows:

Dividends

  • 5% if a stockholder owns at least 70 percent of company’s shares, from previous 10%.
  • 10% in all other cases.

Interest

  • 10% unless otherwise exempt, from 15%
  • Interest for sales on credit of a commercial/scientific equipment and an enterprise to enterprise sale on credit, is now taxable only in the residence state of the creditor, and not anymore taxable at 10% in the source state.

Royalties

  • Unified at 10% in lieu of the previous 10% or15%.