Category: Court cases

Decade in jail for Australia’s biggest tax fraud

A former Gold Coast property developer has been jailed for more than a decade in the largest prosecuted tax fraud case in Australia’s history. Glitter Strip businessman Michael Issakidis was sentenced to 10 years and three months in prison by the Supreme Court of New South Wales for his involvement… – Continue reading

Russian senator facing tax evasion charges in France ‘hopes to return home shortly’

MOSCOW, January 22./TASS/. Russian senator and businessman Suleiman Kerimov, who is facing money laundering charges in France, is sure that he will prove he is not guilty, Federation Council Speaker Valentina Matviyenko said after meeting with Kerimov, who had spent three days in Russia with the permission of the French… – Continue reading

NAB seeks details of offshore firms held by Aleem Khan, Moonis Elahi

The National Accountability Bureau (NAB) has written to several state institutions seeking record and details of offshore companies reportedly established in tax havens abroad by Pakistan Tehreek-e-Insaf (PTI) leader Aleem Khan and Pakistan Muslim League-Quaid (PML-Q) leader Chaudhry Moonis Elahi, DawnNews has reported. The Supreme Court had in November last… – Continue reading

Tax advice under scrutiny: Halsall v Champion Consulting

Introduction As the government continues to grapple with a budget deficit and strained public finances, there remains considerable pressure on HMRC to crack-down not only on tax evasion, which is illegal, but tax avoidance, which HMRC refers to as “bending the rules of the tax system to gain a tax… – Continue reading

Cristiano Ronaldo May Be Fined at Least $35.3Mln for Tax Evasion – Reports

A Real Madrid star footballer will have to face a court hearing on December 22, accused of evading taxes from 2011 to 2014. MOSCOW (Sputnik) — Real Madrid football club striker and Portuguese national football team forward Cristiano Ronaldo may be fined 30 million euros ($35.3 million) for tax evasion,… – Continue reading

Lagos shuts hotels over N354.75m tax evasion

The Lagos State Internal Revenue Service ( LIRS ) on Thursday shut 11 hotels, restaurants and event centres over alleged failures to remit their taxes under the Hotel Occupancy and Restaurant Consumption Laws of Lagos State 2009. Mr Seyi Alade, Director, Legal Services of the LIRS, said this after a… – Continue reading

Apple Begrudgingly Agrees to Pay Ireland Nearly $15 Billion in Back Taxes

Apple, whose CEO Tim Cook likes to talk a big game about how the tech industry should be more socially responsible while overseeing an international tax-avoidance regime that puts Scrooge McDuck’s gold-filled vault/swimming pool to shame, has agreed to repay Ireland $14.6 billion (around €13 billion) in unpaid taxes, the… – Continue reading

Concealment of offshore companies intended at hiding wealth: Justice Bandial

ISLAMABAD: Supreme Court Justice Umar Ata Bandial remarked on Wednesday that the motive behind hiding an offshore company is to hide wealth. He made the observation while hearing a disqualification petition against Pakistan Tehreek-e-Insaf (PTI) Secretary General Jehangir Tareen. A three-member bench, headed by Chief Justice Mian Saqib Nisar and… – Continue reading

‘Enabling’ tax avoidance – legislation must draw distinction between promoting avoidance and advising on the law

Commenting on today’s government consultation paper on ‘Strengthening Tax Avoidance Sanctions and Deterrents’, John Cullinane, Tax Policy Director of the Chartered Institute of Taxation, said: “This is the latest in a series of measures cracking down on those who profit from tax avoidance schemes. The Government need to be careful… – Continue reading

Google tax’ looms large: Marketing spend might go up

Court cases likely over interpretation of the new levy proposed in the Budget for digital economy The government’s plan to expand the scope of equalisation levy proposed in the Union Budget, seeking to bring more transactions in the digital economy under the tax net, has left many e-commerce players fuming…. – 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

French Tax Update – Recent Case Law and Other Noteworthy Publications

The present French Tax Update will focus on an overview of several noteworthy publications, including decisions issued during the past few months by the French Administrative Supreme Court (Conseil d’Etat) and French Constitutional Court (Conseil Constitutionnel), as well as the European Commission decision in respect of the Belgian Excess Profit… – Continue reading

Spain’s Princess Cristina Faces Historic Trial – and a Possible 8-Year Prison Sentence

Once known as “Spain’s Princess Diana,” King Felipe’s younger sister is facing criminal fraud charges. Monday saw the start of the trial of Princess Cristina de Borbón – the first member of Spain’s royal family ever to be put on trial in a criminal court. Cristina, 50, is charged with… – Continue reading

Texas tycoon Wyly faces $2 billion tax trial over offshore trusts

(Reuters) – Texas tycoon Sam Wyly is set to face off against the Internal Revenue Service at trial on Wednesday over more than $2 billion the agency says he owes for using offshore trusts to engage in one of the largest tax frauds in U.S. history. The trial in federal… – Continue reading

Court’s winding-up ruling on Hong Kong’s Yung Kee goose restaurant sends signal to offshore companies

Legal experts say court order for restaurant’s parent company based in British Virgin Islands could lead to resolution of more disputes in city Hong Kong’s top court recently gave the go-ahead for the parent company of the famous Yung Kee roast goose restaurant in Central to be wound up, despite… – Continue reading

Wal-Mart Sues Puerto Rico Over ‘Astonishing’ Tax Increases

   Island’s biggest employer files suit in San Juan federal court    Legal challenge comes as Puerto Rico copes with debt payments The Puerto Rico unit of Wal-Mart Stores Inc. sued the island’s government, seeking to overturn a new tax the retailer calls unfairly high. Enacted in May, Puerto Rico’s… – Continue reading

HMRC Task Force Gears Up To Take On Tax Avoidance

HM Revenue & Customs (HMRC) has launched a new crackdown on tax avoidance with 10 tips on how to stay on the right side of the law. The warning follows recent revelations of 1,500 investors, including celebrities and sports stars, who are being pursued for £200 million for staking cash… – Continue reading

Canada: Canadian Challenge To FATCA

On August 4 and 5, 2015, the FC heard oral arguments in a lawsuit—commenced on August 11, 2014 by two Canada-US citizens—that challenges the law implementing the Canada- US intergovernmental agreement (IGA) relating to FATCA (Virginia Hillis et al. v. The Attorney General of Canada et al., court file no…. – Continue reading

AUSTRALIA: TRANSFER PRICING, INTERCOMPANY FINANCING TRANSACTIONS

A decision by the Federal Court of Australia has key implications for transfer pricing of intercompany financing transactions, as well as implication for other broader intercompany arrangements. The case concerns the transfer pricing implications of an intercompany loan agreement between an Australian taxpayer and its U.S. subsidiary (CFC) and whether… – Continue reading

Chevron tax dodge busted for $322 million

Profit-shifting has not paid off for petroleum multinational Chevron, slugged with a tax bill for $322 million thanks to a Supreme Court decision on Friday. Chevron has been under close scrutiny this year, particularly since a senate inquiry into tax-avoidance in April which also put mining giants BHP, Rio Tinto,… – Continue reading

EU tax: Brussels set for multinational crackdown

Margrethe Vestager, the EU’s competition commissioner, looks set to launch the international community’s most punitive attack on corporate tax avoidance as early as next Wednesday, with rulings that could impose heavy costs on multinationals, reports the Financial Times. Ms Vestager is understood to have postponed her first trip to China… – Continue reading

Karnataka’s e-commerce tax will fall flat in court: Experts

BENGALURU: The Karnataka tax department’s recent proposal to e-commerce firms, considered a face-saver, may not be legally tenable, tax experts said citing High Court and apex court rulings. The Karnataka commercial taxes department, last week, asked e-commerce firms including Amazon, Flipkart and Snapdeal to deduct 1% of the money payable… – Continue reading

Court case against HSBC whistleblower adjourned

A trial in Switzerland has been adjourned against Hervé Falciani, the former IT worker from the HSBC Private Bank in Geneva who leaked data about thousands of suspected tax evaders. Falciani, 43, now living in Spain, failed to appear in the Federal Criminal Court in Bellinzona in the canton of… – Continue reading

Transfer pricing case: Vodafone gets relief from Bombay HC

The court overruled the order of Income Tax Appellate Tribunal issued last year suggesting that the income tax dept has jurisdiction in this dispute Mumbai: The Bombay high court on Thursday ruled in favour of the Indian arm of Vodafone Group Plc. in a Rs.8,500 crore transfer pricing tax dispute…. – Continue reading

Spain lionel messi royalties switzerland offshore companies tax evasion court case

Spanish prosecutors have dropped all tax fraud charges against FC Barcelona’s Argentinian star Lionel Messi, but will pursue the case against his father. Jorge Horacio Messi and the footballer were accused of defrauding Spain’s tax office by not paying €4m (£2.9m, $4.5m) due in taxes between 2007-09. If convicted, the… – Continue reading

Adviser attacked over £262m tax avoidance scheme as court battle begins

A financial adviser is one of the five defendants embroiled in a court battle after facing allegations of setting up a £262 million tax avoidance scheme. In a trial at Birmingham Crown Court, financial adviser Norman Leighton, chartered accountant and film producer Keith Hayley, producer Robert Bevan, Charles Savill and… – Continue reading

SC to hear Castleton Investment case against MAT levy tomorrow

The court agrees to an early hearing in the case, scheduling it for 30 September New Delhi: The Supreme Court on Tuesday agreed to an early hearing in the case of Castleton Investment Ltd scheduling it for 30 September. Castleton Investment, a Mauritius-based foreign company, is contesting a case against… – Continue reading

HMRC approach to double taxation relief and US companies mostly unchanged after Supreme Court decision

The UK’s tax treatment of US limited liability companies (LLCs) will remain mostly unchanged despite a recent Supreme Court decision in favour of the taxpayer, HM Revenue and Customs (HMRC) has confirmed.25 Sep 2015 HMRC said that the decision of the UK’s highest court in favour of George Anson, a… – Continue reading

EXCLUSIVE | Cabinet ministers met publicly with KPMG while firm’s tax ‘sham’ under CRA probe

Accounting firm joined revenue minister at speech while fighting court order Top Conservative cabinet ministers met publicly with senior staff from KPMG’s tax division, and one went so far as to promote the firm, even as the Canada Revenue Agency was alleging the company set up an offshore tax “sham”… – Continue reading

Timothy Charles Pratten found guilty of fraud, hiding millions from the ATO

Fraudster Timothy Charles Pratten has been found guilty on seven counts of obtaining a financial advantage by deception, in the Supreme Court of NSW in Sydney this week. Justice Stephen Rothman found Pratten, A 55-year-old insurance broker, failed to properly declare income of more than $5 million between 2003 and… – Continue reading

Ex parte preservation orders: Krok v CSARS

This case was an appeal from the Gauteng Division of the High Court to the Supreme Court of Appeal (“SCA”) pertaining to the correctness of the granting of an ex parte preservation order application that was brought against Mr Krok by the Commissioner of the South African Revenue Service (“SARS”) in… – Continue reading