Category: Court cases

Here’s Why HSBC Holdings Plc (ADR) (HSBC) Is In Trouble

Legal problems have caused a serious strain on the credibility of Europe’s biggest bank HSBC Holdings plc (ADR) (NYSE:HSBC), which is currently up by 0.34% and trading at $44.69, has found itself at the center of a series of serious legal and possibly criminal tangles in recent years. Tax evasion,… – Continue reading

Auditors are not forensic investigators – Booker

Changes are in the pipeline which will have a dramatic impact on the way that auditing firms handle public-interest entities (PIEs) as from December 2016 – but Deloitte CEO Malcolm Booker is very wary about how this could work in practice. According to the legislation, auditors would have to enter… – Continue reading

Google, Apple tax crackdown will fail without US support

Jurisdictional issues will limit success. It’s no secret that companies including Apple, Google and Amazon, seem to pay less than their fair share of tax in Australia. Despite booking huge revenues from sales to Australian customers they are able to reduce their profits in this country by shifting profits to… – Continue reading

Swiss Asset Manager Admits He Helped Americans Evade Taxes

(Bloomberg) — A former Swiss asset manager pleaded guilty to helping U.S. clients hide millions of dollars in offshore accounts and avoid paying federal income taxes. Peter Amrein, 53, a Swiss citizen, told U.S. District Judge Sidney Stein in Manhattan Tuesday that from 1998 to 2012 he helped Americans evade… – Continue reading

Russia extends deadline for reporting Controlled Foreign Companies (CFC)

[NEW YORK] A Swiss asset manager pleaded guilty on Tuesday to participating in a scheme to help US citizens hide millions of dollars in Swiss bank accounts and evade paying taxes. Peter Amrein, 53, entered his plea in Manhattan federal court to conspiring to defraud the United States and Internal… – Continue reading

Aussies working in Hong Kong should avoid these tax traps

Australians working in Hong Kong should be aware of the various complexities that affect their residency, super and tax status. Going overseas to work is a grand adventure for many professionals. But the way income earned outside your home country is taxed is a complex area, and it’s worth seeking… – Continue reading

Slimming The Fat Linked With Fatca

Attorney-at–Law and Compliance Specialist We are living in a time where the tax landscape facing the Bahamian financial services industry is changing and evolving rapidly. On November 3, 2014, the Government executed a Model 1 Intergovernmental Agreement (IGA) with the US government to implement the latter’s Foreign Account Tax Compliance… – Continue reading

Calgary men guilty of defrauding feds of $14 million in RRSP scam

Two Calgary men have been convicted of defrauding the federal government of $14.1 million in taxes that should have been paid on registered retirement plans, in which the money was used for offshore investments. Steven Kendall and Christopher Houston were found guilty on Wednesday on one of four charges by… – Continue reading

Adjudication forwards Q-Mobile tax evasion case to Preventive Karachi

KARACHI: The Pakistan Customs adjudication has forwarded the Q-Mobile tax evasion case to the Model Customs Collectorate (MCC) Preventive, Karachi for seeking legal and technical reference from the Federal Board of Revenue (FBR). The adjudication department, during the hearing, has completely redundant the view point of MCC-Multan, because as per… – Continue reading

DIVIDED VERDICT BY DELHI HC!

LG, Sony, Daikin, Haier, Reebok, Canon and many such MNCs lost an important tax case in the Delhi High Court today. It’s transfer pricing dispute about the money spent by the subsidiaries of these MNCs in India in promoting and maintaining the international brand. Payaswini Upadhyay reports on this landmark… – Continue reading

Disparity between the US and Brazil’s approach to royalties increases risk of double taxation

TP Week As a result of Brazil’s unique policy to prevent erosion of the tax base, companies often face double taxation. The pending case before the US Tax Court (Docket 5816-13), 3M Co. et al. v. Commissioner, brings this issue into the spotlight. In this case the US Internal Revenue… – Continue reading

Customs seeks technical support from EDB in tax evasion case against Paramount Corporation

KARACHI: The customs authorities have referred the case of importer Paramount Corporation to the Engineering Development Board (EDB) for seeking technical view point into the case. The sources informed Customs Today that the authorities concerned of Customs Adjudication-II have forwarded the case of Paramount Corporation to the EDB for seeking… – Continue reading

Le Perigord owner pleads guilty in tax case

NEW YORK â?? A founder of famed New York City restaurant Le Périgord faces a potential three-year prison sentence that could take him away from the paragon of traditional French cuisine after he pleaded guilty to hiding income in offshore bank accounts. Georges Briguet, 77, admitted during a Brooklyn federal… – Continue reading

Private companies getting away with tax evasion – Thabo Mbeki

Private companies often get away with tax evasion because they can afford better lawyers than government, former president Thabo Mbeki has said. “The problem is that private companies or large companies are able to mobilise much better skills with regards to lawyers, accountants, banking people and all that, so they… – Continue reading

Liechtenstein declines to cooperate in ex-Catalan premier’s tax fraud case

Principality judge says no proof exists that money in Pujol’s alleged accounts is illegal “I didn’t want to know anything about inheritance,” claims ex-Catalan chief The government of Liechtenstein has refused to cooperate with the ongoing tax fraud inquiry into foreign bank accounts held by former Catalan premier Jordi Pujol… – Continue reading

Bank Leumi hit by lawsuit from shareholders over U.S. tax settlement

(Reuters) – Shareholders in Israel’s Bank Leumi are seeking to file a class action lawsuit worth about 475 million shekels ($119 million) against the bank over its handling of a U.S. probe into alleged tax evasion, Bank Leumi said on Sunday. Leumi, Israel’s second largest lender, said the lawsuit argues… – Continue reading

GlaxoSmithKline transfer pricing case settled

The landmark transfer pricing case involving GlaxoSmithKline has settled on the eve of the second Tax Court of Canada trial in the matter, scheduled to commence on January 12, 2015. “Counsel for Glaxo confirmed the settlement but the details remain confidential,” writes William Innes of Rueter Scargall Bennett in Bill… – Continue reading

Swiss Banker Loses Bail Bid for Not Showing Up in N.Y. Court

A Swiss banking executive accused of helping U.S. clients cheat on their taxes lost his bid for bail because he didn’t come to court to answer the charges against him. Stefan Buck, who was Bank Frey & Co.’s head of private banking in Switzerland and an executive board member, was… – Continue reading

Swiss citizens come clean on tax cheats

A US criminal investigation into how Swiss banks helped wealthy Americans hide their money has had an unexpected side effect: shaking out scores of tax cheats among the Swiss themselves. Secrecy laws in Switzerland, the world’s largest offshore financial centre with trillions in assets, have been under siege in recent… – Continue reading

LuxLeaks informant faces up to 10-years in prison

(CS/vb) A former PwC employee could face up to 10 years in prison for leaking thousands of documents in what has become known as the LuxLeaks scandal, his lawyer has said. Informant Antoine Deltour spoke on French television station Canal+ on Tuesday, saying that among experts, tax avoidance schemes via… – Continue reading

Vodafone transfer pricing case: Tax dept may not lose hope

The transfer pricing department is yet to make adjustments on share issuances by Vodafone India services to Vodafone Teleservices Mauritius for assessment year 2011 and 2012. The transfer pricing department has sought clarity from the government on legal recourse in the Vodafone transfer pricing case. Sources have indicated that the… – Continue reading

Swiss Bankers in Limbo After U.S. Jury Clears Ex-UBS Manager

The courtroom victory of the only Swiss banker to beat the U.S. in a trial over offshore tax evasion may embolden other indicted financial workers to leave a legal limbo some have endured more than five years. Twenty-five offshore bankers, lawyers and advisers have yet to answer U.S. Justice Department… – Continue reading

Scorecard of Offshore Tax Crimes: Advisers, Bankers and Lawyers

A mixed success record has been notched up by the US Justice Department when it comes to prosecuting offshore bankers, advisers and lawyers accused of assisting American taxpayers cheat their taxes. The United States Government, from 2008, has charged 38 individuals, including Swiss bankers like the top three managers of… – Continue reading

IRS demands Ballmer, other Microsoft leaders testify in corporate tax audit

The Internal Revenue Service has sued former Microsoft CEO Steve Ballmer and a slate of other former and current executives, seeking to compel them to testify in a long-running investigation into how the company’s sales through subsidiaries affected its taxable income. The Internal Revenue Service has sued former Microsoft Chief… – Continue reading

UBS Whistle-Blower Birkenfeld Seeks Permission to Move to Europe

Bradley Birkenfeld, the former UBS AG banker who won a $104 million whistle-blower award after serving time in U.S. prison for tax conspiracy, now wants to move back to Europe before his term of probation is set to end. Birkenfeld asked a judge to end his probation with less than… – Continue reading

The Year of Transparency’s Tipping Point

More countries are requiring an exchange of client information In 2014, we saw a marked increase in transparency regarding foreign assets. The United States took the lead, and other countries followed suit. It looks like we’ve reached the tipping point, that is, “the magic moment when an idea, trend, or… – Continue reading

Father-Son Tax Preparers Convicted in Israeli Bank Tax Case

A father and son who ran a tax-preparation business were convicted in Los Angeles of conspiring to help clients cheat the Internal Revenue Service by setting up undeclared offshore bank accounts. David Kalai, the founder and former chief executive officer of United Revenue Service, and his son Nadav, who was… – Continue reading

Court upholds landmark ruling against tax avoidance

HM Revenue & Customs (HMRC) has protected up to £123 million in tax after a tax tribunal upheld a landmark ruling against a stamp duty land tax avoidance scheme. In July 2013, the HMRC won a case against Project Blue, which used the scheme. According to the HMRC the scheme… – 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

Bezos Ducks US Tax Court Subpoena In Transfer Pricing Case

Law360, New York (December 11, 2014, 3:21 PM ET) — Amazon.com Inc. CEO Jeff Bezos got out of having to testify in a suit concerning a Luxembourgian subsidiary and tax obligations for the years 2005-2006, when the U.S. Tax Court granted his motion to quash the Internal Revenue Service’s subpoena… – Continue reading

Commissioner expresses ‘reasonable doubt’ over Apple tax deal

The new EU Competition Commissioner has said there is reasonable doubt about whether Apple’s tax arrangements with Ireland were legal. In her first comments on the investigation into the US tech giant’s tax affairs in Ireland, the Danish Commissioner Margrethe Vestager said the case remained open. This is despite Minister… – Continue reading

Former Swiss Banker Collapses During WikiLeaks Data Trial

Rudolf Elmer, the former employee of Julius Baer Group Ltd. accused of revealing details of client accounts via WikiLeaks, collapsed at the start of his trial, forcing the court to postpone the case. It was not clear when the trial in Zurich District Court would continue. Proceedings had been under… – Continue reading

Vodafone Vs I-T dept: ITAT rules in favour of tax dept

This transfer pricing dispute arose from transactions involving Vodafone in 2007-08. The I-T department had red flagged the sale of call centre business to Hutchison Whampoa Properties India and the assignment of Call Options. n the latest from Vodafone’s Rs 8,500 crore trasfer pricing case versus the Income Tax department,… – Continue reading

Former Swiss Banker Collapses During WikiLeaks Data Trial

Rudolf Elmer, the former employee of Julius Baer Group Ltd. accused of revealing details of client accounts via WikiLeaks, collapsed at the start of his trial, forcing the court to postpone the case. It was not clear when the trial in Zurich District Court would continue. Proceedings had been under… – Continue reading

Joe Hockey announces profit-shifting tax audit of 10 multinationals

The Australian Tax Office is auditing 10 multinational corporations and the government will consider introducing new laws aimed at targeting tax avoidance, Joe Hockey has said. The treasurer said on Tuesday the ATO was “embedded in the offices” of multinationals operating in Australia to closely scrutinise whether those companies were… – Continue reading

EU Tax, Cisco, Google, Burger King: Intellectual Property

European Union nations that offer “patent box” tax breaks should retool their laws so that only deserving companies can claim benefits tied to technical innovations, according to a draft report from a European Union working group. Countries that use this kind of technology tax break should start legislative work next… – Continue reading

Swiss Bank Drops Out of IRS Tax Compliance Program

Reversing earlier moves taken this summer and fall, a major international bank 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, such as Ireland or Switzerland. During a Zurich speech, Barclays bank executive… – Continue reading

Reporting Income from Offshore Investment: A Cautionary Tax Tale

The lesson from the ongoing trial of former UBS wealth management chief executive Raoul Weil really shouldn’t be a surprise, but we’ll say it anyway: Do not fail to declare income from offshore investments to avoid taxes. Unless, that is, you and your clients would prefer a really close relationship… – Continue reading