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2017 | OriginalPaper | Chapter

5. Taxation and Development in Croatia

Author : Nataša Žunić Kovačević

Published in: Taxation and Development - A Comparative Study

Publisher: Springer International Publishing

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Abstract

Although Croatia does not provide incentives for investment in developing countries, it does employ some measures to attract investment into its own jurisdiction. These include tax and customs relief for companies making investments for a specified period to provide jobs and to make other contributions to the Croatian economy. It is expected that with accession to the European Union (EU) the practice of providing investment incentives will diminish. Croatia taxes its residents on worldwide income and provides a foreign tax credit to avoid double taxation. Although there are no explicit incentives for investment in developing countries, the tax exemption for dividends paid to a Croatian corporation may have the effect of encouraging such investment if other favorable conditions are present.

Synopsis

Individuals and corporations resident in Croatia are taxed on worldwide income. For residents there is a credit for foreign taxes paid to a foreign corporation limited to the amount of tax that would have been paid in Croatia. Non-residents are taxed only on income from Croatian sources.
There is an exemption for dividends paid to a Croatian resident corporation or any other legal entity. Dividends paid to a nonresident entity are subject to a 12 % withholding tax, unless the rate is reduced by treaty or the distribution is exempt from tax under the EU Parent-Subsidiary Directive. A withholding tax at the rate of 15 % is imposed on interest (with some exceptions), royalties and other payments relating to the exploitation of intellectual property rights.
For payments made to residents of jurisdictions deemed to be tax havens or to have harmful tax regimes (other than EU members) with a corporate tax rate lower than 12.5 %, the withholding rate on the above payments is increased to 20 %. This increased withholding applies only when the country is listed and by the Ministry of Finance and this list published on the appropriate website.
Although Croatia does not provide tax incentives for investment in developing countries, it does employ measures to attract investment within its own jurisdiction. There are tax and customs advantages provided to micro- and other enterprises that invest a minimum amount for a specified period, create new jobs for workers, and make other contributions to the Croatian economy. Investments in certain Free Zone Areas enjoy the benefits of exemption from customs duties and a corporate income tax rate reduction of 50 %. There is a complete tax exemption for all profits that are reinvested in the project until they are distributed in a manner that reduces the total amount of investment.
The practice of providing regional tax holidays, distinct from the capital investment incentives described above, has ended with Croatia’s accession to the European Union. It is expected that the general practice of providing investment incentives will diminish in order to meet EU expectations.
Croatia imposes corporate tax at the rate of 20 % on taxable profits.

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Footnotes
1
Reduced by the personal allowances or decreased by personal allowance referred to in article 36 of the ITA for natural persons who are residents of the European Union Member States and the European Economic Area, with the exception of the Republic of Croatia, in accordance with Article 36, paragraph 14 of the ITA. The ITA was published in the Official Gazette of the Republic of Croatia “Narodne Novine” No. 177/04, 73/08, 80/10, 114/11, 22/12, 144/12, 120/12 – Decision of the Constitutional Court of the Republic of Croatia, 125/13. (hereinafter: ITA)., defines resident and non-resident as follows: A resident is a natural person who has a domicile or habitual residence in the Republic of Croatia. A resident is also a natural person who has neither a domicile nor habitual residence in the Republic of Croatia but is employed in the civil service of the Republic of Croatia and receives a salary on that basis. A non-resident shall be a natural person who has neither domicile nor habitual residence in the Republic of Croatia, but acquires an income from sources within the Republic of Croatia which in subject to taxation pursuant to the ITA.
 
2
Profit Tax Act (Corporate Income Tax Act), published in the Official Gazette of the Republic of Croatia “Narodne novine” No. 177/04, 90/05, 57/06, 146/08, 146/08, 80/10, 22/12. (hereinafter: PTA). In terms of this Act, residents are legal or natural persons whose seat shall been enrolled in the Register of Companies or another register in the Republic of Croatia, or whose place of effective management and control of business is in the Republic of Croatia. Residents are also entrepreneurs-natural persons with domicile or habitual residence in the Republic of Croatia, whose business activity is enrolled in a register or other records. A non-resident shall be any person who does not satisfy one of the requirements referred to in previous paragraphs of this Act.
 
3
DTCs that Croatia concluded as an independent state abandoned the exemption method and provide for the credit method in the variety of ordinary credit.
 
4
Fifty-seven DTCs are in force.
 
5
A List of these jurisdictions was published in the Official Gazette of the Republic of Croatia.
 
6
Guatemala, not appearing on the list, is classified as an “other financial centre” according to the so-called “grey list” of the OECD, see: http://​www.​oecd.​org/​dataoecd/​50/​0/​43606256.​pdf.
 
7
SIGMA – Support for Improvement in Governance and Management, is a joint initiative of the European Union and the OECD.
 
8
See Agreement between the Republic of Austria and the Republic of Croatia for the avoidance of double taxation with respect to taxes on income and on capital, published in the Official Gazette of the Republic of Croatia “Narodne novine – Međunarodni ugovori” No. 3/01.
 
9
Croatia signed the Multilateral Convention on October 11, 2013.
 
10
General Tax Act, Official Gazette, No. 147/08, 18/11, 78/12, 136/12, 73/13., (hereinafter: GTA).
 
11
OJ, L 157, 26.6.2003.
 
12
OJ, L 84, 31.3. 2010.
 
13
OJ. L 268, 12.10.2010.
 
14
Act on Investments promotion and Enhancement of Investment Environment, Official Gazette, No. 11/12 and 28/13, and Regulation on Investments promotion and Enhancement of Investment Environment, Official Gazette, No. 40/13.
 
15
Article 8, Act on Investments promotion and Enhancement of Investment Environment.
 
16
Free Zones Act, Official Gazette “Narodne novine”, No. 44/96, 92/05, 85/08, 148/13; Rules on how to calculate the investments made and used to support investment and how to achieve tax advantages for users of free zones, Official Gazette 122/08, 33/10, 05/10; Act on Implementing the EU Customs Regulations, Official Gazette 54/13. The users of the Free Zone are obliged to pay the corporate income tax – profit tax in the amount of 50 % of the prescribed rate, and if they are taking part in the construction of the infrastructure buildings in the Free Zone in an amount greater than 1.000.000 kn (approximate 130.000 Euro) they are tax-free (exempt from corporate income tax payments) during the first 5 years of business dealings in the Free Zone, but until the end of 2016 year.
 
17
Profit Tax Regulation, Official Gazette “Narodne novine”, No. 95/05, 133/07, 156/08, 146/09, 123/10, 137/11, 61/12, 146/12, 160/13, 12/14.
 
18
Šimović, Bratović, Efficiency of tax incentives in Croatia, Economic Policy and Global Recession, (2009), in: A. Praščević et al. (ed.), Economic Policy and Global Recession, Beograd: Faculty of Economics (2009).
 
19
The one exception, a clause containing taxation terminology in the Croatia-Austria agreement: “The provisions of paragraph 1 of this Article shall not be construed as to oblige one Contracting Party to extend to the investors of the other Contracting Party and their investments the present or future benefit of any treatment, preference or privilege resulting from (a) any customs union, common market, free trade area or membership in an economic community; (b) any international agreement, international arrangement or domestic legislation regarding taxation;…”.
 
Metadata
Title
Taxation and Development in Croatia
Author
Nataša Žunić Kovačević
Copyright Year
2017
DOI
https://doi.org/10.1007/978-3-319-42157-5_5