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Zgombić: It is a misconception that introducing a dividend tax can fill the budget

There is no good practice regarding the taxation of capital gains and dividends at the level of the European Union, as taxes are so diverse that a common denominator cannot be found among all EU member states.

With a brief overview of international practice, Sandra Švaljek, director of the Economic Institute, opened the discussion at the Zagreb Stock Exchange conference on the topic of the Impact of Capital Gains and Dividend Taxes on the Capital Market. What can be observed, says Švaljek, is that most EU countries tax capital gains, interest, and dividends, and in the last decade, there has been a pronounced tendency to reduce the burden on capital gains, interest, and dividends. Some countries only have a capital gains tax on speculative investments, added Hrvoje Zgombić, a partner at Zgombić&Partners. – In Croatia, it makes no sense to introduce a dividend tax. Those who are deluded and think that it can collect funds for the budget are mistaken – emphasized Zgombić, adding that every tax leads to a reduction in trading volume on the stock exchange, which then affects lower employment rates and wages. The dividend tax is not fiscally significant at all, added Marija Zuber, an advisor from the Croatian Association of Accountants and Financial Professionals. From the perspective of attractiveness, she continued, it is more appealing for taxpayers to be subject to corporate tax rather than income tax.

If we were in a position where our external debt is not increasing, Švaljek added, we could consider taxing both capital gains and dividends, but we are far from that and are taking larger steps in the opposite direction. – Before introducing new taxes, it is necessary to adjust the expenditure side to the current situation, that is, to reduced revenues. We need to start from the expenditure side and simultaneously collect all possible taxes with an unchanged tax system. Only when all possibilities are exhausted should we think about measures on the revenue side – emphasized Švaljek. Zuber also pointed out the costs of labor. She believes that it is necessary to discuss social contributions when it comes to fiscal expenditures and revenues. In her opinion, these contributions should be considered, and this issue must be crucial in the upcoming period. – We must be aware that the tax burden is a necessary but insufficient condition for attracting investments – summarized Švaljek, also noting the importance of legal certainty. However, she continued, we should not ignore the fact that some neighboring countries, equally disorganized as Croatia, have introduced very low corporate and income tax rates. – We should consider a property tax because such a tax can motivate the real estate market and lead to a decrease in real estate prices. I see potential in such a tax, but we should not rush with it – she concluded.

Regarding the responsibility of boards and criminal offenses in the capital market, Petar Novoselec from the Faculty of Law in Zagreb spoke from a scientific perspective. He emphasized that a working group has been formed to work on a new criminal law that will more clearly define criminal offenses, including those against the capital market. Sandra Simić, chief advisor at the Croatian Financial Services Supervisory Agency, reflected on the regulation of criminal offenses in the capital market in Europe, as well as the difficulty of proving such offenses, while Dragan Novosel, the first deputy of the Chief State Attorney in the State Attorney’s Office, pointed out practical issues regarding the responsibility of Management and Supervisory Boards in criminal matters.

– When it comes to economic crime, we primarily deal with preventing high-level corruption where no one gives anyone an envelope, but the end result is huge money in someone’s pocket and enormous damage to the state – summarized Novosel, adding that there is a lot of corruption that directly affects the economy and stifles competitiveness. In large acquisitions, it has been shown, he continued, how important the role of regulatory agencies is, and the role of auditors was explained by Slaven Đuraković, a partner at Ernst&Young, who emphasized that the main role of auditors is to provide an opinion on the accuracy of financial statements. – Auditing actions provide large corporations with a higher degree of security, but even then they will not be protected from senior management – emphasized Đuraković. (Jasmina Trstenjak)