Category: Beneficial Ownership

G7 leaders move toward automatic exchange of tax information

Heads of state meeting at the G7 Summit in Bavaria, Germany committed to promoting automatic exchange of tax information and tax rulings to discourage multinational companies from shifting profits from country to country to avoid taxes, reports Accounting Today. In a joint declaration, the G7 leaders reaffirmed their commitment to… – Continue reading

Lawyer finds loophole in register of companies

A lawyer claims there is a way for a ‘beneficial owner’ of a business to head off the “unwanted scrutiny” that the government’s central register of companies might bring them. James Austen of legal advisory Charles Russell Speechlys says “help is at hand” if his clients wish to avoid the… – Continue reading

Fourth European Anti-Money Laundering Directive launches UBO-register

On 20 May 2015, the European Parliament increased the hunt for tax evaders, money launderers and terror financiers by adopting the fourth instalment of the Anti-Money Laundering Directive (“AMLD”). The main novelty of the new directive is the introduction of a central UBO-register, a public register which identifies the ultimate… – Continue reading

Remark Media Adopts Tax Benefit Preservation Plan to Protect its Net Operating Loss Carryforwards

LAS VEGAS, June 4, 2015 /PRNewswire/ — Remark Media, Inc. (NASDAQ: MARK) today announced that its Board of Directors has adopted a plan, known as the Tax Benefit Preservation Plan, designed to protect the significant potential long-term tax benefits presented by the company’s net operating losses. Remark intends to seek… – Continue reading

UK: Privacy For Beneficial Owners Of Companies

Controversial recent changes to UK and EU law combined with parallel G8, G20 and OECD measures risk the beneficial owners of certain companies being subjected to unwanted public scrutiny. However, help is at hand for affected individuals. The political background Reacting to concerns about tax evasion, money laundering and the… – Continue reading

New Argentina­Chile tax treaty creates fresh structuring opportunities

Argentina and Chile have signed a new double tax treaty to replace the treaty unilaterally terminated by Argentina in 2012. Ignacio Rodriguez and Andres Edelstein of PwC in Argentina outline the new structuring opportunities that are available for taxpayers. Argentina and Chile signed a new double tax treaty on May… – Continue reading

Guernsey: Guernsey Issues Amended Legislation And Updated Draft Guidance Notes On FATCA-Based Reporting

On 31 March 2015 amendments were made to the Income Tax (Approved International Agreements) (Implementation) (United Kingdom and United States of America) Regulations, 2014 (the “2014 Regulations”) which brought FATCA-based reporting into force under Guernsey law. FATCA-based reporting is implemented in Guernsey pursuant to the UK-Guernsey IGA, signed on 22… – Continue reading

Caribbean IFCs: Looking Beyond the International Initiatives

Caribbean IFCs continue to face the growing challenges as global standards struggle to manage certain risks across borders. Some of these challenges (such as cross border tax information sharing) have maintained their original format but intensified and we have seen several new initiatives (for example a push for beneficial ownership… – Continue reading

Singapore Enhanced Regulatory Framework for Corporate Service Providers

On 15 May 2015, Singapore has implemented a new enhanced regulatory framework for Singapore Corporate Services Providers. The strengthened regime for Singapore Corporate Services Providers is expected to help further boost the reputation of Singapore as a trusted international financial and business centre with robust regulatory frameworks against money laundering… – Continue reading

Government Issues Beneficial Ownership Report

The Cayman Islands Government today issued a report stating that it will continue its current method of providing beneficial ownership information to law enforcement, tax and regulatory authorities, as the method adheres to global standards. As explained in its Consultation Report on Maintenance of Legal and Beneficial Ownership Information, Government’s… – Continue reading

Government Issues Beneficial Ownership Report

The Cayman Islands Government today issued a report stating that it will continue its current method of providing beneficial ownership information to law enforcement, tax and regulatory authorities, as the method adheres to global standards. As explained in its Consultation Report on Maintenance of Legal and Beneficial Ownership Information, Government’s… – Continue reading

Switzerland: Landmark Judgments Regarding The Refund Of Swiss Withholding Tax

INTRODUCTION On May 5, 2015 the Swiss Federal Supreme Court held a public hearing about two cases relating to the reclaim of Swiss withholding tax (WHT) in connection with arbitrage cases and issued its long awaited decisions. Two Danish banks issued the question on treaty entitlement for the refund of… – Continue reading

Russian Federation: Russia’s Deoffshorisation: First Foreign Ownership Filing Deadline Approaching Swiftly

Ahead of their joint event on Deoffshorisation Compliance on 21 May, TMF Group’s Sub Regional Director for CIS and the Nordics Alex Medlock and Artem Toropov, Senior International Tax Associate at law firm Goltsblat BLP LLP (the Russian practice of Berwin Leighton Paisner), outline the key deoffshorisation/CFC compliance requirements and… – Continue reading

Parliament set to combat ‘obscure financial dealings’

As money laundering is estimated to cost over €1 trillion a year, MEPs are set to vote on measures to set up an EU register of beneficial company owners. One of the hot topics at this week’s plenary session is parliament’s proposed measures against money laundering and terrorist financing, which… – Continue reading

Putin fishing to pull oligarchs’ cash back to Russia

President Putin coined a new word in his state of the nation address at the end of 2012, when he called for new measures for the “deoffshorisation of our economy”, reports the International Business Times. This was to become a major addition, not just to the Russian vocabulary but to… – Continue reading

Switzerland: Total Return Swaps – Swiss Federal Supreme Court Sides With Federal Tax Authority (FTA) By Denying Reimbursement Of WHT

On 5 May 2015 the Federal Supreme Court rendered its long awaited decision on a withholding tax (WHT) reimbursement claim related to Total Return Swaps. The case was based on essentially the following facts: a Danish bank entered into swap contracts with clients in England, Germany, France and the US…. – Continue reading

The Davis Tax Committee on BEPS and the transfer pricing of intangibles in South Africa

The Davis Tax Committee (“DTC”) recently addressed the issue of base erosion and profit shifting (“BEPS”) in South Africa. The international importance of transfer pricing was once again emphasized when 4 out of the 15 actions identified in the OECD Action Plan on BEPS related to transfer pricing. The 15… – Continue reading

IRS Plans to Shift Risk of Withholding Agent Fraud to the Taxpayer for Foreign Withholding

Chapter 3 of the Internal Revenue Code requires payors (and recipients) of certain types of U.S. source income to withhold tax if the beneficial owner or recipient is a non-U.S. person for income tax purposes. Chapter 4 also imposes similar withholding under FATCA for payments to foreign financial institutions and… – Continue reading

The Growing Role for IFCs in a World of Increasing Transparency

The debate around transparency, information exchange and beneficial ownership continues to evolve and has demanded a real focus for those working in International Finance Centres (IFCs), which frequently find themselves in the frame when it comes to ill-considered accusations relating to secrecy and illicit financial flows. In fact, Jersey and… – Continue reading

Barbados: Its Systems Validated

During 2014, Barbados again produced strong evidence of the underlying strength of its financial system. All of the financial stability indicators and stress tests performed for the financial system strongly indicate that the system remains stable with the capacity to withstand a wide variety of severe economic shocks. It is… – Continue reading

Jersey: Funds Quarterly Legal And Regulatory Update – 1 January 2015 To 31 March 2015

FATCA 1. New FATCA IGA guidance notes On 3 February 2015, the Jersey Chief Minister’s Department published the latest version of the Guidance Notes on the Taxation (International Tax Compliance) (Jersey) Regulations 2014 in relation to the implementation of obligations arising under the intergovernmental agreements (IGAs) with the US and… – Continue reading

EIB must tighten rules on low tax jurisdictions, NGOs warn

The European Investment Bank (EIB) must tighten up its lending rules to prevent its money being funnelled through tax havens, NGOs have warned in a new report, reports EU Observer. The report ‘Towards a Responsible Taxation Policy for the EIB’, published on Tuesday (21 April) by transparency NGOs Re-Common and… – Continue reading

EIB: From bad banking to good banking

Like many other public banks, the European Investment Bank (EIB) leverages its own means by acting as a catalyst for private investment through various financial mechanisms. Too often, though, attempts to attract private capital result in unpredictable risks and higher-than projected costs for the public coffer, write Xavier Sol and… – Continue reading

Attempt to fix Stock Connect pre-trade checking goes live

The Hong Kong bourse has launched a special segregated accounts system for Stock Connect in an attempt to address investors’ concerns over the much-criticised pre-trade checking rules. A reformed trade settlement system was rolled out to Stock Connect investors yesterday in a bid to address concerns over the pre-trade checking… – Continue reading

Tories forced to return £50k donation from US tax evader’s wife

Britain’s Conservative Party returned a donation of £50,000 from a wealthy businesswoman on Monday after it emerged she was once wanted on charges of tax fraud in the United States. Beatrice Tollman, founder of luxury hotel chain Red Carnation, made an election campaign donation to the Tories earlier this month…. – Continue reading

Cameron crackdown on tax havens ‘purely political gesture’, says Tory peer

David Maclean, Baron Blencathra, wrote to Cayman Islands in 2014 that transparency push was to head off G8 pressure and EU’s financial transaction tax A Conservative peer has described David Cameron’s flagship G8 anti-tax avoidance initiative as a “purely political gesture” designed to head off European attempts to curb the… – Continue reading

Central Register of Beneficial Ownership to be Introduced in the UK

On 26 March 2015, the United Kingdom Parliament passed into law the Small Business, Enterprise and Employment Act 2015 (the “Act”). The Act will bring about a number of fundamental changes to UK company law including, amongst others, the abolition of bearer shares and corporations acting as directors and, perhaps… – Continue reading

Art: A market laid bare

An arrest over allegations of price fixing has increased calls for tighter regulation of the booming sector On a late February morning, Yves Bouvier arrived at the Monaco home of one of his best clients. He expected Dmitry Rybolovlev, the Russian billionaire owner of AS Monaco football club, to pay… – Continue reading

Caribbean tax haven resists UK pressure for company register

(Reuters) – The government of the British Virgin Islands (BVI) said it has no plans to establish a central register of true company owners, despite pressure from Britain to adopt the anti-money laundering and tax evasion measure. The BVI said in a statement on Wednesday it was backing other measures… – Continue reading

Offshore Centers Told To Make Central Register

LONDON – Offshore companies may soon have to reveal the identities of their ultimate beneficial owners, with the information to be recorded on a central register. Late last week the UK government instructed the British Virgin Islands and the Cayman Islands to set out a timetable for the implementation of… – Continue reading

Dart boss shares UK platform with premier

(CNS Business): Cayman’s leader, Premier Alden McLaughlin, was joined by the COO of Dart Enterprises at the House of Lords this week in promoting Cayman when he delivered a key-note address at the Caribbean Council reception. As McLaughlin sold the crowd on the benefits of investing in Cayman and the… – Continue reading

FATCA reporting: who and what

Introduction Every non-US entity has FATCA status Passive NFFEs report substantial US owners Trustee of trust or its sponsoring entity will report US persons Other reporting FFIs in structure will carry out FATCA due diligence Reporting when US account holders are identified Enforcement Comment Introduction The policy statement in the… – Continue reading

Greens to question Foreign Investment Review Board over Adani coal venture

Senate hearings to question alleged links between firm behind Queensland’s Abbot Point coal port, a Cayman Islands company and a $1bn rorts investigation The Greens will use Senate hearings to question the Foreign Investment Review Board (Firb) about alleged links between Australia’s biggest proposed coal venture, a Cayman Islands company… – Continue reading

Guernsey: Will Guernsey Crack The Enigma Code?

Michael Betley, group chairman of Trust Corporation International looks at how Guernsey has coped in an increasingly transparent and regulated world and how it can adapt to further change in the future. Is Guernsey positioned to navigate its way successfully through the maze of initiatives designed to penetrate the legal… – Continue reading

Combatting corporate tax avoidance: Commission presents Tax Transparency

1.GENERAL QUESTIONS 1.1 Why is the Commission presenting a Tax Transparency Package? The Commission has made the fight against tax evasion and corporate tax avoidance a political priority, with a view to creating a socially and economically more efficient Single Market. While much has been done to advance this agenda… – Continue reading

Switzerland Freezes $400 Million Amid Petrobras Laundering Probe

(Bloomberg) — Switzerland has frozen $400 million of assets in more than 30 banks as the country’s attorney general probes money laundering related to Petroleo Brasileiro SA’s widening corruption scandal. Nine investigations have been opened since last April based on allegations of corruption involving eight Brazilian citizens, the Bern-based Federal… – Continue reading

Cibc Chief: Banks ‘Convenient Targets’ For Tax, Politicians

CIBC FirstCaribbean’s regional chief yesterday said commercial banks were “convenient targets” for increased taxes and scapegoating by politicians, warning that this slowed their bottom line recovery. Rik Parkhill, speaking ahead of its Bahamian subsidiary’s annual general meeting (AGM) last night, warned that the asset-based nature of the sector’s tax structure… – Continue reading

British Virgin Islands: Sea Change

The ongoing global initiatives around exchange of tax information and publication of beneficial ownership information, while ostensibly in pursuit of transparency, have their origins in the need for the larger, richer countries to increase tax revenues, and the perception that taxpayers are hiding assets abroad and out of the tax… – Continue reading