Category: Europe

Capacity market: Fossil fuel companies controlled by tax haven entities receive millions in subsidies

Fossil fuel companies and nuclear power producers, some of which have been involved in shaping government energy policy, will receive over £834 million* in state subsidies for the winter of 2019-2020, the government has announced. The big winners of the capacity market auction, which is managed by National Grid and… – Continue reading

Royal warrant companies accused of using tax havens and moving their manufacturing out of Britain

Companies like Mappin & Webb have not paid any corporation tax for the past five years, according to the Sunday Times Several companies which hold the much-coveted royal warrant have come under scrutiny after being accused of benefiting from tax havens and moving their manufacturing out of Britain. The warrants… – Continue reading

‘Final’ UK disclosure facility for tax irregularities to run until September 2018, says government

A “final” disclosure facility which will give UK taxpayers a means of correcting any irregularities involving offshore income and gains will run until September 2018, one year longer than originally anticipated, the government has announced. No details of the planned disclosure facility have been published, but it is expected to… – Continue reading

The ugly face of FATCA: Why life for American expats is getting harder

The Foreign Account Compliance Act (FACTA), while designed to “minimize tax cheats”, is making banking — and life in general — painfully difficult for millions of American expats, according to Mike Michelini, a Hong Kong-based business consultant withglobalfromasia.com. Here is his editorial. Under FACTA, all 8 million or so Americans… – Continue reading

Tax evaders to feel full force of the law

New legislation brings the possibility of jail sentences for those who aren’t upfront with HMRC about assets held overseas A new criminal offence is due to hit the statute book next year under which people who engage in tax evasion abroad could get a criminal record, fines and a jail… – Continue reading

Guiding Clients on the IRS Offshore Voluntary Disclosure Program

One of today’s most talked about tax topics is the Offshore Voluntary Disclosure Program of 2014 (OVDP) and the compliance of individuals, institutions, and governments with the Foreign Account Tax Compliance Act. However, it is vital for one to understand why the IRS provided the public with the opportunity represented… – Continue reading

IFA and tax promoter guilty of film tax fraud

An IFA and an accountant have been convicted of attempting to steal millions in a tax fraud linked to the film industry. Terrance Potter, formerly an accountant at EY, was identified as the architect of the fraud following an investigation by HM Revenue & Customs (HMRC). Potter devised and sold… – Continue reading

Anastasiades to sign deals with Kiev

Cyprus will sign agreements with Ukraine on Friday, as President Nicos Anastasiades visits Ukraine to make deals on bilateral issues such as double taxation, higher education, energy, and other areas of cooperation. Anastasiades is on an official visit to Ukraine and will meet on Friday with the President of Ukraine… – Continue reading

Business Brief – Double Tax Agreement – Residence – change of HMRC practice

Following an agreement between the UK and Jersey, HMRC has published an important change of interpretation on residence for treaty purposes. HMRC’s view now is that the better interpretation of residency article in the UK-Jersey Double Tax Agreement 1952 (“UK Jersey DTA”) is that it includes a tie breaker provision… – Continue reading

Panama thumbs its nose at transparency – again

We have on several occasions fingered Panama as a particularly recalcitrant secrecy jurisdiction: our recent Panama Narrative Report spills a fair number of beans in that respect. Its recalcitrance is perhaps hardly surprising, given the quantity of Colombian and Mexican drugs money believed to be sheltered there – to name… – Continue reading

The Changing Landscape for IP Regimes Around the World

Patent Boxes, Innovation Boxes, Intangible Property Boxes, Knowledge Development Boxes (IP Regimes) – countries may use different names, but all of these regimes are designed to allow a preferential rate of tax to be applied to income generated from intangible property (IP). There are a number of these regimes in… – Continue reading

Worldwide: A Guide To The Top 20 Offshore Fund Locations

There are a variety of benefits to moving offshore, yet few would argue the assertion that tax neutrality is paramount among them. As anyone familiar with the phrase “tax haven” would surely recognize, many countries offer strongly favorable tax terms as an incentive to draw new business. Written by CT… – Continue reading

Cyprus: Income tax treaty with Switzerland, effective 2016

An income tax treaty between Cyprus and Switzerland has entered into force, and will be effective 1 January 2016. 10 December 2015 The Cyprus-Switzerland income tax treaty does not include a limitation on benefits (LOB) clause. Withholding tax provisions The treaty includes the following withholding tax provisions: Dividend payments subject… – Continue reading

Cayman Islands Automatic Exchange of Information Update

The Cayman Islands Tax Information Authority (“TIA“) has issued an advisory addressing several points of note regarding the Common Reporting Standard (“CRS“) in the Cayman Islands. Updated Self-Certification Forms The TIA has published new entity and individual self-certification forms which address the account holder disclosure requirements under each of CRS,… – Continue reading

US Justice Department Announces Two Banks Reach Resolutions Under Swiss Bank Program

The Department of Justice announced today that Cornèr Banca SA (Cornèr) and Bank Coop AG (Bank Coop) reached resolutions under the department’s Swiss Bank Program. The Swiss Bank Program, which was announced on Aug. 29, 2013, provides a path for Swiss banks to resolve potential criminal liabilities in the United… – Continue reading

Global law firm Pinsent Masons warns that proposed tax avoidance rules for large businesses could make HMRC “judge, jury and executioner”

A global law firm has today criticised HM Revenue & Customs’s (HMRC) recently announced plans for cracking down on tax avoidance by businesses, saying that parts of the proposals would make HMRC the “judge, jury and executioner.” Further details on legislation that would allow the UK tax authority to place… – Continue reading

Companies must gear up for Europe’s new tax reporting requirements

As the EU prepares for country-by-country tax reporting requirements, businesses would do well to understand the minutiae of the upcoming regulations October 2015 was a busy month for announcements regarding base erosion profit shifting (BEPS) and country-by-country reporting. The OECD issued the last of the guidelines on BEPS, the various… – Continue reading

Patent box brought into line with international rules

Companies will to scrutinise their R&D activity more closely under proposed changes to patent box regime BUSINESSES will to scrutinise their R&D activity more closely under proposed changes to the design of the UK Patent Box regime outlined by the government The government is making the changes in order to… – Continue reading

Moldovan parliament ratifies implementation agreement of U.S. Foreign Account Tax Compliance Act

Chisinau, 10 December /MOLDPRES/-The parliament today ratified a Moldovan-American intergovernmental cooperation agreement to facilitate the implementation of the provisions of the Foreign Account Tax Compliance Act (FATCA). According to the chairman of the parliamentary commission for international relations and EU integration, Valentina Buliga, the ratified document sees that U.S. authorities… – Continue reading

Cayman Islands: OECD CRS – Exemption Secured For ‘Old And Cold’ Cayman CDO/CLO Issuers

The Cayman Islands Tax Information Authority (“TIA“) has issued an advisory to confirm that the limited life debt investment entity (“LLDIE“) exemption established under FATCA has been extended in the Cayman Islands to the OECD Common Reporting Standard (“CRS“).1 As such, a Cayman Islands LLDIE has been designated as a… – Continue reading

India, Switzerland improve cooperation on tax matters

NEW DELHI: With India stepping up efforts to bring back illicit funds stashed abroad, Switzerland has said both sides have improved their cooperation on tax matters following several high-level meetings. Over the past few months, both countries have been working closely on mutual administrative assistance, according to the Swiss government…. – Continue reading

PM Gruevski meets with Israeli PM Netanyahu in Jerusalem

Macedonia’s Prime Minister Nikola Gruevski and his Israeli counterpart Benjamin Netanyahu signed Wednesday in Jerusalem a declaration of friendship, as well as agreements on avoiding double taxation and protection of investments. The Prime Ministers affirmed the excellent relations between the two countries, based on mutual friendship and understanding, Gruevski’s Cabinet… – Continue reading

Guernsey: regulations on Common Reporting Standard entered into operation

On 1 December 2015, the Income Tax (Approved International Agreements) (Implementation) (Common Reporting Standard) Regulations 2015 came into operation. The regulations implement the Council of Europe–OECD Mutual Assistance Treaty (1988) (as amended through 2010), under which, in order to improve international tax compliance, information will be automatically exchanged in accordance… – Continue reading

13 States Sign Up To OECD’s New Tax Info Exchange Standard

Thirteen jurisdictions signed the OECD Multilateral Competent Authority Agreement (MCAA) at a meeting on October 29-30, 2015, in Barbados. In joining the MCAA, the territories commit to automatically exchange tax information with other nations’ tax authorities under the OECD’s new tax information exchange standard, the Common Reporting Standard. A total… – Continue reading

Germany: Tax treaty with Australia, other countries; stock-for-stock transactions

Germany and Australia signed a new income tax treaty that follows, in some instances, the OECD Model Tax Convention, but not in other instances. For example, the treaty includes definitions for installation permanent establishments (PEs) and agency PEs, with the latter defined with a view to the OECD’s base erosion… – Continue reading

News story: Finance Bill 2016 paves way for even simpler tax system and tough offshore evasion regime

Source: United Kingdom – Executive Government & Departments – Press Release/Statement: Headline: News story: Finance Bill 2016 paves way for even simpler tax system and tough offshore evasion regime The government has today (Wednesday 9 Wednesday) published draft tax legislation to implement policies published at Summer Budget 2015 and Autumn… – Continue reading

Sweden: “Hybrid rule” implications for dividend income, withholding tax

Changes to the tax law in Sweden reflect additions of anti-avoidance provisions to the EU Parent/Subsidiary Directive and are intended to bring Swedish tax law into compliance with the directive. The new anti-avoidance provisions will be effective 1 January 2016—which is also the timeframe for EU implementation of the directive’s… – Continue reading

Two of largest tax settlements made in Cork

Publican pays €3m in tax, interest, and penalties Two of the four largest published tax settlements in the last quarter were made by businesses in the Cork region. Revenue’s latest tax defaulters’ list for the three months to the end of September shows that a total of €13.99m was recouped,… – Continue reading

‘India examining how to tax in a digital eco’

Akhilesh Ranjan, joint secretary (foreign tax), who led India’s initiative in the BEPS project, candidly shared his views on India’s plans for its implementation and what lies in the future. The fundamental principle of the BEPS project, is that income of MNCs should be taxed in that country where economic… – Continue reading

Gov’t uses majority to pass ‘bothersome’ transfer pricing provisions

Policy will disrupt investment: Samuda THE Government fell back on its huge majority in the House of Representatives yesterday to approve the back tax provisions included in new transfer pricing regulations despite objections from the Opposition that the measure would strangle businesses and obstruct investments. The 21 Government members (excluding… – Continue reading

Cayman issues self-certification templates and participating jurisdiction list

The Cayman Islands Ministry of Financial Services’ Department for International Tax Cooperation (DITC) on 8 December 2015 issued an industry advisory regarding the ongoing implementation of the Common Reporting Standard (CRS) in the Cayman Islands. The advisory issued two new templates; the entity self-certification form and the individual self-certification form… – Continue reading

Countering terrorism financing through anti-money laundering measures

It is time for re-regulation; Europe is strengthening its AML/CFT measures in order to lower current terrorist financing (TF) risks. “Money is the lifeblood of terrorist operations,” declared George Bush after the 9/11 attacks. French finance minister Michel Sapin has beaten the same drum when he recently claimed that “the… – Continue reading

Voluntary disclosure to generate 4bn

Half of requests to come clean came from Lombardy (ANSA) – Rome, December 9 – The government’s voluntary disclosure program will generate four billion euros in taxes by year’s end, Internal Revenue chief Rossella Orlandi said Wednesday. Hidden assets equal to 59.5 billion euros have emerged thanks to the voluntary… – Continue reading

Barclays opens new offshore branch

Barclays has launched its new offshore banking proposition at the Dubai International Financial Centre (DIFC) and regulated by the Dubai Financial Services Authority. Commenting on the launch, Andrew Mortimer, managing director and UAE Country Manager, said: “We have further developed Barclays’ International Banking proposition to provide our clients with a… – Continue reading

Italy to Get $4.4 Billion in Proceeds From Tax Amnesty

ROME—The Italian government will pocket over €4 billion ($4.4 billion) in proceeds from a tax amnesty it launched as part of a broad crack down on Italian money stashed abroad. The additional money will be a boon for the government, as it seeks to meet its budget targets amid a… – Continue reading

Canada: Canada-Swiss Information Exchange For Unreported Offshore Income

Canada and Switzerland have entered into an agreement which will commence in 2018 for the automatic exchange of information. Swiss banks are already requiring Canadian clients to provide evidence that their Swiss offshore bank accounts have been reported in Canada on form T1135 and offshore income reported on a T1… – Continue reading

France: French Tax Update – Amending Finance Bill For 2015 And Noteworthy Q4 Case Law

The present French Tax Update contains (i) an overview of the main provisions proposed by the draft amending finance bill for 2015 (loi de finances rectificative pour 2015, 2015 Draft Amending Finance Bill), (ii) an update of the parliamentary amendments adopted in respect of the draft finance bill for 2016… – Continue reading

HMRC publishes draft legislation designed to extend tax evasion offences to companies who failed to prevent it happening

HM Revenue & Customs (HMRC) today published the results of its consultation, alongside draft legislation, for a proposed criminal offence for companies which fail to prevent the facilitation of tax evasion. The draft legislation lays down provisions for a criminal offence where somebody who is performing services on behalf of… – Continue reading

UK – HMRC publishes a policy paper titled: “Corporation Tax: anti-hybrid rules” (Action 2 of the BEPS Action Plan)

On December 9, 2015 the UK HM Revenue & Customs (HMRC) published a policy paper titled: “Corporation Tax: anti-hybrid rules”. Next to publishing the policy paper the UK Government also announces that on December 22, 2015 a series of examples illustrating the application of the hybrid mismatch rules will be… – Continue reading

UK – HMRC publishes a policy paper titled: “Corporation Tax: Patent Box – compliance with new international rules”

On December 9, 2015 the UK HM Revenue & Customs (HMRC) published a policy paper titled: “Corporation Tax: Patent Box – compliance with new international rules”. The policy paper gives the following general description of the measure: “The government is proposing changes to the design of the UK Patent Box… – Continue reading

Azerbaijan, Israel should pay much attention to private sector for constructive ties (exclusive)

By Anakhanum Khidayatova – Trend: A lot should be left to the private sector to achieve constructive relations between Azerbaijan and Israel, according to Dan Stav, Israeli ambassador in Baku. “In order to encourage business in each country, you need to create conducive environment,” he said speaking to Trend Dec…. – Continue reading