Yearly Archive: 2016

Google tells Parliament it won’t pay ‘Google Tax’ in U.K.

Google’s top global tax executive told U.K. lawmakers that a new U.K. tax provision dubbed “the Google Tax” will not actually apply to the U.S. technology giant. The law, officially the Diverted Profits Tax, was introduced last year amid concerns that Google parent Alphabet Inc. and other global tech companies… – Continue reading

Banksters making the U.S. a tax shelter?

Just when you thought the banksters had done all they could to rig the game against people that bail them out, you hear another tale of industrial-strength greed. This time, the scam is so ironic it’s almost absurd. For almost a decade the U.S. government has been going around the… – Continue reading

Australia weighs adoption of new OECD BEPS transfer pricing standards

The Australian Treasury on February 11 opened a consultation on whether Australia should adopt into law final OECD/G20 base erosion profit shifting (BEPS) transfer pricing recommendations. The goverment seeks feedback on the adoption of the BEPS report, Alleging Transfer Pricing Outcomes with Value Creation, which has been approved by G20… – Continue reading

FATCA has brought in just $13.5 billion in revenue on a cost of $1 trillion

Earlier this week the State Department released its latest statistics for people who have renounced their US citizenship. 2015 was another record year, with 4,279 people divorcing themselves from the US government and heading to greener pastures elsewhere. This was the third year in a row that broke the previous… – Continue reading

Avoiding tax traps: don’t forget about non-competition agreements

Non-competition agreements can be a valuable tool for purchasers who want to protect their investments in new businesses. However, non-competition agreements can have unintended and unexpected tax consequences, particularly to sellers who grant non-competition agreements to purchasers. The Income Tax Act (Canada) (the Act) contains specific provisions regarding the taxation… – Continue reading

Beijing Bungles Corporate Tax Reform

China has one of the most archaic corporate tax systems in the world, from which the new value-added tax structure was supposed to provide much-needed relief. China’s tax complexity and inconsistent enforcement has become an efficiency drain on China’s own economy and a roadblock to foreign companies wishing to set… – Continue reading

Canada: For Tax Purposes, Do You Know Where You Live?

In tax law, the concept of residency is used to determine tax liability based on whether there is a sufficient connection between an individual or legally recognized entity and a jurisdiction such that the jurisdiction is justified in taxing such individual or legally recognized entity on their worldwide income. Generally,… – Continue reading

UK Chamber Backs Action On MNE Tax Avoidance

Amid ongoing debate in the UK on “corporate tax deals,” the British Chamber of Commerce has said the UK needs to comprehensively simplify business tax rules and eliminate loopholes that are exploited in aggressive tax avoidance schemes. On February 11, on the same day the Public Accounts Committee took evidence… – Continue reading

Azerbaijan, Sweden eliminate double taxation

A Convention between the Government of the Republic of Azerbaijan and the Government of the Kingdom of Sweden for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed on Wednesday. The Convention was signed by Azerbaijani Foreign Minister Elmar Mammadyarov… – Continue reading

Beps averts collapse of global tax rules, conference told

OECD’s head of tax policy says protectionist measures by national governments had to be avoided The risk of protectionist tax measures being taken by national governments has abated as a result of the OECD’s Base Erosion and Profit Shifting (Beps) project, a key official has told a conference in Dublin…. – Continue reading

European Union ‘investigating up to 300 Google-style tax deals’

As many as 300 “Google-style” tax deals are under investigation across the European Union , it has been claimed. All 28 EU states are said to be involved in scrutinising a number of agreements struck by countries and multi-national corporations as part of a wider inquiry into unfair tax competition… – Continue reading

Extent of tax fraud unknown – SARS

The South African Revenue Service (SARS) still does not know the full extent of tax evasion, despite its work probing foreign bank accounts held by South African residents. It has been a year since SARS confirmed some account holders had been using their offshore accounts to evade their tax obligations,… – Continue reading

‘Unavoidable’ Netflix Tax enters Parliament

Australian Treasurer Scott Morrison says overseas companies selling digital products to Australians will not be able to avoid paying the GST. The so-called Netflix Tax that would see overseas-based businesses selling digital products to Australians collect 10 percent GST has entered the House of Representatives. Introduced by Treasurer Scott Morrison,… – Continue reading

Canada: Insight – In Search Of Better Tax Outcomes

Taxing decisions With highly efficient labour markets, a solid institutional environment and a strong banking system, Canada has long been considered one of the most competitive nations in the world. In fact, in its most recent rankings in 2014, Bloomberg declared Canada the second best country in the world for… – Continue reading

Dob-in-a-tax-cheat reward being considered by government

Cash rewards for dobbing in multinational tax cheats and greater protection for whistleblowers are being considered by the Turnbull government to reduce tax avoidance. In the US, whistleblowers who have provided information that lead authorities to tax cheats have received a cut of the billions of dollars recouped. Assistant Treasurer… – Continue reading

ECCB Governor seeks to speed up foreign banking agreements

The Eastern Caribbean Central Bank (ECCB) is seeking to expedite the signing of Intergovernmental Agreements (IGA) that will prevent the loss of correspondent banking relationships (CBR) for commercial banks in the Eastern Caribbean Currency Union (ECCU). Towards this end, Governor of the ECCB, Timothy NJ Antoine sought the assistance of… – Continue reading

Canada: Voluntary Disclosure CRA Latest Statistics – Toronto Tax Lawyer Commentary

Voluntary Disclosure & CRA Annual Report to Parliament – General Information CRA has provided the latest statistics about the tax amnesty or voluntary disclosure program (VDP) for the previous fiscal year. CRA provides an annual report to parliament that provides a wealth of information about its activities over the past… – Continue reading

Commission to propose that country-by-country tax information be made public

Multinational companies operating in Europe will have to publicly disclose their earnings and the tax paid in each European country if new measures being proposed by the European Commission come into force, The Guardian has reported. The Commission will propose new legislation in April that makes profit and tax information… – Continue reading

Kenya Enacts Tax-Avoidance Law to Deal With Transfer Pricing

Kenya enacted a new law targeting units of foreign companies that escape remitting most of their domestic taxes by allocating income to tax havens while attributing expenses to the East African nation, a practice known as transfer pricing. The Tax Procedures Act gives the Kenya Revenue Authority powers to investigate… – Continue reading

Black money: CBDT asks Income Tax department to speed up overseas requests

Officials said the Central Board of Direct Taxes (CBDT) has asked the taxman to send across to it all such cases for exchange of information which are getting “time barred” by March 31. With the current financial year coming to a close soon, CBDT has asked the Income Tax department… – Continue reading

Scrap high-denomination banknotes, urges ex-bank boss

Former Standard Chartered chief says eliminating €500, $100, SFr1,000 and £50 notes would prevent corrupt payments Governments should consider scrapping high denomination banknotes to combat financial crime and tax evasion, including paying tradespeople in cash, a former bank boss has said. Criminals move more than $2tn (£1.4tn) around the world… – Continue reading

Election is the calm in the storm of maintaining a competitive corporate tax regime

When Tim Cook and his two senior Apple colleagues were questioned by a US Senate sub-committee back in May 2013, the headlines generated in the world’s business press were unsettling. Some lawmakers repeatedly characterised Ireland as a tax haven, saying behemoth Apple channelled billions of dollars of global revenues generated… – Continue reading

Special investigation: Why it’s not just planes that vanish in Bermuda

Journalist Steve Topple investigates Bermuda-based big business tax avoidance and its links with UK political parties – and even some charities LAST WEEK saw the news emerge that everyone’s favourite search engine, Google, only had to pay £97m in back-tax (not the “major success” of £130m as was first reported)… – Continue reading

HMRC issues warning over contractor loan tax avoidance schemes

As part of what it describes as a ‘relentless’ effort to crack down on tax avoidance, HMRC has put out two publications highlighting problems with contractor loan schemes and misleading claims from scheme promoters, in a bid to deter taxpayers from any involvement In its Spotlight 29 document, HMRC says… – Continue reading

EU Tax Proposal Expected To Target Multinational Corporations

Large multinational corporations such as Amazon.com, Apple, Google and Starbucks with operations in Europe have long been able to keep the tax rate they pay in one country secret, not only from neighboring nations but also from their competitors. Critics say this lack of transparency has allowed companies to unfairly… – Continue reading

Labuan to keep duty-free status

LABUAN: Labuan will keep its duty-free status despite the Government losing revenue in uncollected taxes due to the smuggling of cigarettes and other contraband from the island, said Datuk Seri Najib Tun Razak. The Prime Minister said the Government did not want to penalise the people of Labuan for the… – Continue reading

BEPS Action Plan 14: Making dispute resolution mechanisms more effective

In the first part of this article, we talked about provisions of the Organisation for Economic Co-operation and Development’s (OECD’s) final report on Base Erosion and Profit Shifting (BEPS) Action Plan 14, which reflects the commitment of participating countries to implement substantial changes in their approach to dispute resolution in… – Continue reading

UK government urged to end “unfair” colonial-era tax treaty with Malawi

THE UK Government is being urged to end a colonial-era tax treaty with Malawi which campaigners say is depriving the one of the world’s poorest countries of vital resources. Under an agreement dating back to 1955, it is possible for UK companies operating in the south-east African country to pay… – Continue reading

Scotland advertised across Eastern Europe as tax haven

SCOTLAND is being advertised as a tax haven across Eastern Europe. The country’s allegedly lax company formation laws are being promoted by firms in Latvia, Russia, Ukraine and Belarus as authorities black list more traditional “fiscal paradises”. A new round of publicity for Scotland as an “offshore zone” began this… – Continue reading

GRA convening meeting with private sector on US Act targeting tax evasion

The Guyana Revenue Authority (GRA) is convening a meeting with the private sector on February 16 to discuss FATCA, the US extra-territorial law governing accounts held by US taxpayers overseas. In a notice in today’s Stabroek News, the GRA said that the focus of the meeting will be the Foreign… – Continue reading

Poland Plans Battle Against Tax Avoidance to Boost Budget Income

Polish tax authorities plan to increase inspections on companies suspected of artificially increasing their operation costs and sending taxable profits across the borders to stop a trend of falling corporate tax revenue. Audits will start in the second quarter, the Finance Ministry said on its website on Friday, adding that… – Continue reading

Rajan Blames MNCs For Tax Controversies

‘Multinational corporations complain all the time of excessive demand about excessive taxation, but it is also true that MNCs across the world tend to find tax avoidance and sometimes tax evasion as an appropriate technique’ Blaming multinational corporations squarely for tax controversies, Reserve Bank Governor Raghuram Rajan has said their… – Continue reading

Senegal signs multilateral agreements to fight tax avoidance and evasion

Senegal on February 4 signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters, becoming the 93rd jurisdiction to sign the document, and the Multilateral Competent Authority Agreement for the automatic exchange of Country-by-Country reports, becoming the 32nd signatory to that agreement, the OECD has announced. The Multilateral Convention… – Continue reading

Indian tax authority clears air on investments via Mauritius

The Authority for Advance Rulings, a quasi-judicial tax body under the finance ministry, has reaffirmed that capital gains earned by a Mauritius-registered company from transfer of shares of an Indian firm shall not be taxable in the country if the foreign corporation doesn’t have a local permanent establishment. In doing… – Continue reading

Pakistanis welcome tax exemption

ABU DHABI // Pakistani expatriates have been reassured that new taxation laws will not apply to them. Anti-corruption campaign group Transparency International (TI) said Pakistanis residing in the UAE need not worry about double taxation laws. Syed Gilani, former chairman of TI, said that Pakistani laws state that anyone working… – Continue reading

BEPS Action 7: how the OECD’s proposals to redefine a PE could affect multinationals

The OECD’s final reports on the Base Erosion and Profit Shifting (BEPS) Project aim to target aggressive tax planning strategies which have the effect of shifting profits from high tax jurisdictions to low tax jurisdictions. The BEPS Project has been divided into 15 Actions, of which one of the most… – Continue reading

Bank Julius Baer Hit With $547M Criminal Tax Evasion Penalty, Two Bankers Plead Guilty

Bank Julius Baer of Switzerland will pay a $547 million penalty as two bankers individually plead guilty. The bank itself is charged with helping U.S. taxpayers hide billions in offshore accounts and cheating the IRS. The Bank’s deferred prosecution agreement admits that it knowingly assisted U.S. taxpayer-clients in evading taxes…. – Continue reading

The Tax Avoidance Battle: Nations vs. Multinationals

At least this is the goal – member states safeguarding their social models by preventing trans-border operating multinational companies from avoiding “their fair share” of the tax burden. According to the European Commission, small and medium-sized enterprises in the EU pay 30% higher tax burden than large multinational companies. With… – Continue reading

What’s ahead for 2016 in taxation – will the rubber hit the road?

Many serious reforms have been implemented, and very strong Federal political will, together with strong state-based political consensus, will be needed for any further tax reform in 2016. Over the last couple of years, there has been a lot of talk about tax reform, notably base erosion profit shifting (BEPS)… – Continue reading