Structured Finance and Securitisation 2010

Author: Gárdos István

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Practical Law Company Cross-Border Handbooks 2010, page 105-111

TAX ISSUES

26. What tax issues arise in securitisations in your jurisdiction? In particular:
- What transfer taxes may apply to the transfer of the receivables? Please give the applicable tax rates and explain how transfer taxes are usually dealt with.
- Is withholding tax payable in certain circumstances? Please give the applicable tax rates and explain how withholding taxes are usually dealt with.
- Are there any other tax issues that apply to securitisations in your jurisdiction?

Value added tax (VAT) is imposed on sales of goods or services. However, the sale of receivables is not subject to VAT, as it is not the sale, but the purchase of receivables, which is treated as a taxable service and therefore exempt from VAT under Hungarian
law.

Payments on receivables are not subject to withholding tax, provided neither the seller nor the buyer is a private person subject to personal income tax. Hungary does not impose stamp duty or other documentary taxes on sales of receivables.

SPVs do not enjoy specific tax treatment, therefore general corporate tax also applies to SPVs.

Payments on securities issued by the SPV are subject to withholding tax under Hungarian law if the owner of the security is a private person. The tax rate on interest income is 20%. In the case of publicly traded securities, capital gains income qualifies as interest income, and is therefore taxed at a rate of 20%. In other cases, the tax rate on capital gains income is 25%.

SYNTHETIC SECURITISATIONS

27. Are synthetic securitisations possible in your jurisdiction? If so, please briefly explain any particularly common structures used. Are there any particular reasons for doing a synthetic securitisation in your jurisdiction?

There is no practice for synthetic securitisations. However, derivatives are used by professionals, so there are no legal barriers that would prevent synthetic securitisation in Hungary. The Bill expressly provides for synthetic securitisation.

OTHER SECURITISATION STRUCTURES

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