Panama passes law imposing stricter requirements on multinational firms


A general view of the skyline of Panama City, Panama April 7, 2016. REUTERS/Carlos Jasso

(Corrects attribution of quote ⁠in second bullet point to National Assembly, not the Ministry ⁠of Economy and Finance)

PANAMA CITY, May 27 (Reuters) - Panama's National ‌Assembly approved a law that requires multinational entities domiciled in the country to demonstrate real local operations or face a 15% tax on passive foreign income, the ​Ministry of Economy and Finance said on ⁠Wednesday.

• The law is ⁠intended to help satisfy European Union tax transparency requirements and support ⁠the country’s ‌removal from EU monitoring lists.

• "At the fiscal level, it requires multinationals to demonstrate that they have physical operations ⁠and real activity in a country, beyond just ​seeking tax advantage," ‌the National Assembly said in a separate statement on Wednesday.

• ⁠Entities that fail ​to prove economic substance — qualified personnel, adequate facilities, strategic decision-making and real operating expenses in Panama — face a flat 15% rate on net ⁠taxable passive foreign income.

• Passive income covered ​by the law includes dividends, interest, royalties, capital gains and real estate income earned abroad by members of multinational groups.

• The legislation, which ⁠President Jose Raul Mulino must sign into law, takes effect from fiscal year 2027 and gives the executive branch 90 days to issue implementing regulations.

• The law grants special treatment for income from ​intangible assets developed in Panama, such as ⁠patents, trademarks and copyrights, to encourage innovation.

• The merchant marine sector ​and financial entities supervised by the banking, ‌securities and insurance regulators are expressly ​excluded from the regime.

(Reporting by Elida Moreno; Writing by Brendan O'Boyle; Editing by Daina Beth Solomon and Edwina Gibbs)

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