Category: Jurisdiction

1 FATCA Update: Treasury Extends Time for Jurisdictions with Agreed-in-Substance IGAs to be Treated as if They Had an IGA in Effect

On December 1, 2014, Treasury and the IRS issued Announcement 2014-38 which provides relief to those countries which have reached FATCA Intergovernmental Agreements (IGAs) in substance, but have not signed such agreements. Background In 2012, Treasury and the IRS released Model 1 and Model 2 IGAs to implement the Foreign… – Continue reading

Multinationals rob Kenya of Sh78b in tax evasion, says US research firm

Kenya was conned of more than Sh78 billion through corruption and tax evasion between 2003 and 2012, a US-based research firm has reported. Researchers from Global Financial Integrity (GFI) compiled the losses, which they describe as “modest” considering gaps in information, but could be bigger than all mega-scandals, including Goldenberg,… – Continue reading

Romania dismantles vast tax evasion network

Romanian authorities have dismantled a tax evasion network suspected of cheating the treasury out of 27 million euros ($34 million), prosecutors said Monday. Police raided around 40 locations in the greater Bucharest area and in the northeast as part of the crackdown on a group suspected of also embezzling 20… – Continue reading

Tax Probes May Face Legal Battle: EU’s Competition Chief

The European Union’s new antitrust chief said the EU is braced for a legal battle with governments embroiled in its probe of sweetheart tax deals for multinationals from Apple Inc. (AAPL:US) to Amazon.com Inc. Margrethe Vestager said the process needs to be legally watertight as officials investigate whether deals handed… – Continue reading

Proposed offshore tax evasion offence could “quietly disappear” following omission from draft Finance Bill clauses

Proposals which would introduce automatic criminal penalties for those who fail to declare taxable offshore income may “quietly disappear” following their omission from draft clauses for the 2015 Finance Bill published for consultation, an expert has said.15 Dec 2014 Tax Disputes and Investigations Tax Corporate tax Private wealth tax UK… – Continue reading

Swiss Bank exits FATCA programme

(CNS Business): Barclays Bank’s Swiss operations is ending its cooperation with the Internal Revenue Service’s efforts to prevent investors from investing money in foreign countries with more amenable tax structures and policies. During a Zurich speech, Barclays bank executive Francesco Grosoli announced that the firm’s Swiss operations had “recently exited… – Continue reading

Saudi- Ernst 1amp Young hosts seminar on Zakat regulations

(MENAFN – Arab News) Ernst & Young one of the world’s leading professional services organizations hosted the 12th annual tax seminar on recent updates on Saudi Arabian zakat regulations and corporate income tax Law and its bye-laws in Jeddah on Thursday. Over 100 executives bankers and accountants attended this Seminar…. – Continue reading

Make tax evasion serious crime: SIT chief

If tax crimes remain civil in nature, foreign governments will not cooperate,” M.B. Shah, chairman of the Special Investigation Team on black money, said. Tax evasion needs to be made a serious “criminal offence” to force foreign countries to reveal names and account details of Indians stashing illicit wealth abroad,… – Continue reading

Selective Disclosure: Armenia’s Central Bank Conceals Data on Offshore Transfers

Armenia’s Central Bank (CB) claims thatsome data regarding money flows to and from offshore financial centers is protected from public disclosure under the law. We say ‘some’, because the CB is being selective when it comes to which information can be disclosed and what cannot. When Hetq contacted the CB,… – Continue reading

Sebi says MF schemes with bonus option ‘not legitimate’

MUMBAI: The capital market regulator has plugged the loophole that allowed savvy mutual fund investors to lower tax by bonus stripping. The Securities and Exchange Board of India (Sebi) has spelt out that it’s not in favour of fund houses launching new schemes with bonus option in their arbitrage funds…. – Continue reading

The inversion backlash

Something strange happened in 2014 — Americans became very interested in corporate tax policy. It started in the spring, when U.S.-based pharmaceutical giant Pfizer, which produces blockbuster drugs like Lipitor and Viagra, floated a possible merger with its British-based rival AstraZeneca. Normally a merger of that size would make a… – Continue reading

HMRC collects £32m from disputed tax demands

HM Revenue and Customs (HMRC) has pocketed £32 million after demanding early payments of disputed tax from investors in suspected avoidance schemes. The taxman says this equates to 99% of disputed tax from the first tax avoidance scheme users to be issued with accelerated payment notices. HMRC said that 30… – Continue reading

Multinational tax crackdown uncosted by Treasury

A new standard that would help stamp out tax evasion by forcing multinationals to give governments details about their tax affairs has been uncosted by Treasury, the latest budget update shows. Under a plan agreed to at the G20 finance ministers meeting in Cairns held earlier this year and then… – Continue reading

Packer’s PBL in latest tax leak: report

Publishing and Broadcasting Limited (PBL) allegedly negotiated a secret deal with the Swiss government when James Packer was chief executive officer, which set a tax rate of less than 2.15 per cent for the media group’s intra-company loans, The Australian Financial Review reports. According to correspondence obtained by the newspaper,… – Continue reading

United States: Foreign Entity Payees Of U.S. Source Income: Learn How To Fill Out IRS Form W-8BEN-E

In prior advisories, we have discussed the new withholding tax law commonly known as “FATCA” (standing for “Foreign Account Tax Compliance Act”). (See “FATCA’s July 1 Effective Date Has Arrived; Last-Minute Guidance Has Been Issued” and “Last Substantial Package of FATCA Regulations Released; Deadlines Approaching”.) To help implement FATCA, the… – Continue reading

Inversions Are Often Last Stop for Avoiding U.S. Taxes

The surge in U.S. companies avoiding taxes by taking a foreign address has been condemned by President Barack Obama and stirred a policy debate in Congress. What’s often overlooked is that these “inversions” are typically a final step in a hopscotch of multinational tax dodging. Many companies invert after years… – Continue reading

Corruption as political weapon without a solution

A collection of valid points of view 1.The Island Editorial says 2. Further Analysis by Nalliah Thayabharan 3  More observations by Christie 4. Some more observations by Nimal 5. A Possible Solution by NeelaMahaYoda The Island Editorial says; “Opposition presidential candidate Maithripala Sirisena claims that the government leaders’ corrupt deals… – Continue reading

IRS Sues Microsoft in Fight Over Records on Intangibles, Cost Sharing

Dec. 15— The Internal Revenue Service filed a petition in U.S. district court to enforce a summons against Microsoft Corp. to produce “books, records, papers and other data” related to the pricing of intangibles under two cost-sharing arrangements (United States v. Microsoft Corp., W.D. Wash., No. 2:14-mc-00117, petition filed 12/11/14)…. – Continue reading

ACCA raises concerns with Diverted Profits Tax

The government’s plans to implement a Diverted Profits Tax (DPT) have been questioned by the Association of Chartered Certified Accountants (ACCA). Chas Roy-Chowdhury, head of taxation at the body, said nobody wants profits that should be subject to UK tax “escape the net”. As a result, he believes it is… – Continue reading

BEPS Transfer Pricing Update

Background On 15 December, 2014, the OECD hosted a webcast to update the global tax community on progress under the Base Erosion and Profit Shifting (“BEPS”) Plan.  This year, the OECD produced 10 different reports (“BEPS Reports”) covering several actions specific to transfer pricing. This latest OECD webcast summarised efforts… – Continue reading

The UK Diverted Profits Tax – a unilateral approach to an international problem

Given the publicity surrounding the practices of multinationals in structuring their affairs to minimise their tax liabilities, it is not completely surprising that the UK Government has chosen to act by introducing a new tax, called the Diverted Profits Tax (“DPT”), which applies at the rate of 25% (rather than… – Continue reading

5 fat roadblocks in the way of tax reform

Some of the best tax minds in the country agree on one thing: Corporate tax reform will be a very, very heavy lift. Sure, the White House and top lawmakers who will be in charge of writing tax law next year have signaled their openness to the idea. And, yes,… – Continue reading

Luxembourg tax whistleblower says he acted out of conviction

Former PricewaterhouseCoopers auditor charged with theft and violating trade secrets in wake of LuxLeaks scandal speaks out A 28-year-old former PricewaterhouseCoopers auditor charged with theft and violating trade secrets in Luxembourg in the wake of the LuxLeaks tax avoidance scandal has revealed his identity and claimed he acted out of… – Continue reading

Multistate Tax Commission Gauges State Interest in Funding Transfer Pricing Expertise and Expands Audit Program

At its Fall Meeting in Nashville, Tennessee on December 11-12, the MTC’s Executive Committee voted to formally contact states to solidify whether there is sufficient financial commitment to fund any potential MTC transfer pricing program. The MTC also formally announced that Iowa, Pennsylvania and Rhode Island will join the MTC… – Continue reading

Indonesia, Singapore share tax-related information to counter tax evasion

JAKARTA, Dec 15 — Indonesia and Singapore have agreed to step up efforts to share tax-related information to tighten loopholes on tax evasion in each other’s countries, Indonesia’s finance ministry said. The commitment came after Indonesia’ Finance Minister met his counterpart Tharman Shanmugaratnam in Singapore today, the ministry said in… – Continue reading

Jersey: The Shifting Position Between Lawful Tax Avoidance & Unlawful Tax Evasion

1. The traditional attitude to tax avoidance is encapsulated in the judgment of Lord Tomlin in the English case of IRC v Duke of Westminster (1936): “Every man is entitled if he can to arrange his affairs so that the tax attaching under the appropriate Acts is less than it… – Continue reading

Foreign Holders of Mexican Debt Securities Should Hold a Little Longer

Gains derived from the sale of Mexican public debt instruments listed abroad between two foreign tax residents will soon be exempt from Mexican tax. Currently, for Mexican income tax purposes, any gains derived from the transfer of publicly-traded bonds, securities and other credit instruments are treated as interest. If the… – Continue reading

Black money conundrum

The wise thing is to forget the past, bring reforms to prevent generation of black money Considering other man’s point of view is Decency — George Orwell This quality seems to be in short supply in India although it is the most needed even to understand any black money retrieval…. – Continue reading

New Luxembourg leaks reveal James Packer’s PBL in secret Swiss tax deal

A secret deal with the Swiss government negotiated by media group Publishing and Broadcasting Ltd when James Packer was chief executive set a tax rate of less than 2.15 per cent on PBL’s intra-company loans. “We do have good news for you!” Ernst & Young Swiss partner Markus Huber wrote… – Continue reading

How Google and Apple Make Their Taxes Disappear

Around the world, countries are desperately seeking ways to stop multinational companies from earning profits within their borders without paying taxes on them, while stashing trillions in tax havens like the Cayman Islands. The British government, after a search, says it knows how to tax the profits Google earns in… – Continue reading

Passport-buyers’ ‘genuine links’ to Malta? A couple of weekends a year

After multiple revisions of a controversial law, the government is adamant that its citizenship-by-investment programme only provides Maltese nationality to people who establish a genuine link to the country. But there may be hundreds of thousands of tourists in any given year who establish stronger links to Malta than many… – Continue reading

Fatca’d By The US IRS

Financial institutions around the world including those in Asia are struggling to stay compliant with local privacy regulations that restrict the sharing of client data, whilst at the same time trying to meet the demands of costly FATCA reporting requirements. FATCA, the Foreign Account Tax Compliance Act, which came into… – Continue reading

Exemptions, concessions: FBR suffers Rs 361 billion annual loss

The Federal Board of Revenue (FBR) is suffering massive revenue loss of Rs 361 billion per annum on account of estimated tax expenditure in direct taxes, ie, equivalent to 1.6 percent of the Gross Domestic Product (GDP) as a result of exemptions and concessions to various sectors. Former Finance Minister… – Continue reading

Make tax evasion serious crime for black money info: SIT chief MB Shah

Tax evasion needs to be made a serious ‘criminal offence’ to force foreign countries to reveal names and account details of Indians stashing illicit wealth abroad, the Special Investigation Team on black money has said. ET SPECIAL: Save precious time tracking your investments NEW DELHI: Tax evasion needs to be… – Continue reading

CBDT chief to keep exclusive charge of Income Tax investigations

NEW DELHI: A major reshuffle has been effected in the CBDT, with the board’s Chairperson Anita Kapur deciding to assume exclusive charge of Income-Tax department investigations in order to personally spearhead ongoing probes into cases of tax evasion and blackmoney. The charge of I-T investigations, usually, is handled by a… – Continue reading

Investor protection agreement negotiations to begin soon

Dubai: Hong Kong and the UAE will soon start negotiations to sign an investor protection agreement on a bi-lateral basis, John C Tsang, Financial Secretary of Hong Kong told Gulf News during his visit to the UAE. “The agreement will create a lot more comfort for people who are investing… – Continue reading

S&P: Bahrain outlook revised to negative on weakening fiscal position; ‘BBB/A-2’ ratings affirmed

On Dec. 12, 2014, Standard & Poor’s Ratings Services revised its outlook on the Kingdom of Bahrain to negative from stable and affirmed its ‘BBB/A-2’ long- and short-term foreign and local currency sovereign credit ratings. “At the same time, we revised our outlook on the Central Bank of Bahrain to… – Continue reading