Category: Regulatory

Former UK watchdog brands HSBC’s tax evasion scheme ‘serious criminal activity’

A former Director of Public Prosecutions has accused banking giant HSBC of “grave” cross border crime and of engaging in “a systematic and profitable collusion in serious criminal activity” in the UK. According to the Independent, in a damming intervention Lord Ken Macdonald, who led the Crown Prosecution Service until… – Continue reading

Many governmentsare legislating nowrather than awaitingfinal OECD BEPS recommendations

According to Peter Willey, EY’s Channel Islands Head of Tax, the Channel Islands are likely to be impacted by decisions being made now in other jurisdictions. EY recently surveyed its tax policy leaders in 32 jurisdictions to ask them to forecast the tax policy outlook for 2015 in their jurisdiction…. – Continue reading

Swiss Defend Seven-Year Delay to Money-Laundering Probe at HSBC

(Bloomberg) — Swiss prosecutors are scrambling to explain why they took seven years to probe suspicions of money laundering aroused by data stolen from HSBC Holdings Plc’s private bank in Geneva. Inspired by Feb. 8 disclosures by the Washington-based International Consortium of Investigative Journalists that HSBC did business with arms… – Continue reading

Firms to face tax dodge crackdown

Organisations which fail to prevent tax evasion would be subject to stiff fines under a new proposed crackdown, the Chief Secretary to the Treasury has said. Danny Alexander, Chief Secretary to the Treasury, proposed creating a new offence of “corporate failure to avoid preventing an economic crime”. He said the… – Continue reading

MNCs Beware: Country-By-Country Reporting Is Here!

UK, US, Australia, Brazil, India- governments of developed and developing countries are battling profit shifting by MNCs such as Amazon, Google, Apple and Starbucks. The allegation- MNCs are shifting profits to jurisdictions where there is little or no tax to be paid. The solution- OECD’s BEPS action plan which, among… – Continue reading

Sebi unearths tax evasion case; cracks whip on 33 entities for making Rs 1,800 crore undue gains

MUMBAI: The Securities and Exchange Board of India has banned 33 entities for allegedly misusing the stock exchange system to generate fictitious long-term capital gains of over Rs 1,800 crore and for converting their unaccounted income into legal money. Sebi said Kamalakshi Finance Corp (KFCL) made preferential shares to connected… – Continue reading

TRANSFER PRICING LITIGATION ISSUES NEED TO BE ADDRESSED:PWC

Certainty and reduced litigation on transfer pricing (TP) issues will be the cornerstone of creating a non-adversarial tax regime in India. The authors believe that Budget 2015 ought to lay out a roadmap to achieve this goal for TP issues – Recent positive progress on the Advance Pricing Agreement (APA)… – Continue reading

Pakistan’s finance minister rejects allegations of tax evasion

Islamabad: Pakistan’s Finance Minister Ishaq Dar has rejected allegations by Pakistan Tehreek-e-Insaf (PTI) leader that he transferred $4 million to his son in Dubai to avoid taxes. In an open letter to the PTI chairman Imran Khan, the finance minister also refuted the claim that he has been dragging his… – Continue reading

Budget 2015: With BEPS on the anvil, GAAR may be an overlap

The economic downturn across the world and rising public debt seems to have led various governments, globally, to focus on curbing erosion of the tax base by shifting profits to overseas jurisdictions. Several revenue authorities, globally, were of the view that companies have structured their intra-group contractual arrangements in a… – Continue reading

What Indo-U.S. Bilateral APAs Entail For U.S. Investors

India’s decision to negotiate bilateral advance pricing agreements (APAs) with the U.S. is a welcome move. Prospectively, negotiations will increase certainty and uniformity in the application of India’s transfer pricing laws to related-party transactions carried out by U.S. multinational corporations (MNCs). In this article, we discuss some of the important… – Continue reading

Dubai tax haven: Dar transferred $4m to his son to avoid taxes, says PTI

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) on Thursday reiterated its allegations of money laundering against Finance Minister Ishaq Dar, saying he has transferred $4 million to his son in Dubai to avoid taxes. “The biggest investor in this case is our very own Finance Minister Ishaq Dar. He has on record… – Continue reading

Company bosses are held to account on their tax affairs BCA tells inquiry

The Business Council of Australia says that the Tax Office is holding company directors and management to account about their tax affairs, despite there only being one company in the nation with a top risk rating. “There is ongoing [Australian Taxation Office] scrutiny of corporate boards,” the BCA said in… – Continue reading

HSBC whistle-blower: You have to know how banks work to understand the size of this scandal

Hervè Falciani, the former HSBC employee who became a whistle-blower by handing over details of client bank accounts to French authorities, triggering investigations into money laundering and tax evasion, believes many other banks are involved in similar practises. In an interview with the Italian newspaper La Stampa, Falciani said that… – Continue reading

Caterpillar Hit With $1 Billion Demand From IRS

Caterpillar, Inc. (CAT), the heavy equipment maker is now under scrutiny as the IRS now demands $1 billion in taxes and penalties. This should come as no shock after the company faced Senate scrutiny in 2014 over its tax plans. Tax Woes The company deals in the designing, manufacturing and… – Continue reading

Under-fire HSBC closes in on £15billion profit as analyst warns tax avoidance row ‘is yet to fully unravel’

Under-fire banking giant HSBC will next week report profits of nearly £15billion – or a staggering £40million a day. The group is expected to post annual results for 2014 in line with the previous year when it updates investors on Monday. But the bumper figures are likely to be overshadowed… – Continue reading

DFID-HMRC mission likely to hold meeting with FBR in first week of March

ISLAMABAD: A delegation of British Department for International Development (DFID) and Her Majesty Revenue & Customs (HMRC) will hold dialogue with the Federal Board of Revenue (FBR) on future course of action to further strengthen bilateral cooperation. The DFID is a department of the British government that leads the UK’s… – Continue reading

South Africa: Imminent Changes To Transfer Pricing Documentation Requirements In South Africa

On 17 July 2013 the Minister of Finance appointed a tax review committee, headed by Judge Dennis Davis (the “Davis Committee”) to make recommendations for possible tax reforms in South Africa (“SA”). The Davis Committee was required to take into account recent international developments and, in particular, to address concerns… – Continue reading

HSBC tax evasion is a sign of wealth divide says David Leigh

Leaks published last week by an international collaboration of journalists revealed how Canary Wharf-based, British bank, HSBC – one of the largest banks in the world – helped wealthy clients evade hundreds of millions of pounds worth of tax. David Leigh, one of the journalists who worked on the investigation… – Continue reading

Clarity In Tax Matters

The Government of India brought in a retrospective amendment in 2012 to nullify the Supreme Court judgement in the case of Vodafone International Holdings B.V. to tax capital gains arising from transfer of shares or interest in a foreign company deriving its value ‘substantially’ from Indian assets. However, the Government… – Continue reading

Singapore, France sign pact for Avoidance of Double Taxation

PARIS: Singapore and France signed an amended Agreement for the Avoidance of Double Taxation (DTA) to lower withholding tax rates for dividends and new anti-abuse provisions. The most notable changes are the following: Withholding tax rate for dividends is reduced to 5 percent (from 10 percent previously) if the beneficial… – Continue reading

EU seeks to force firms pay tax where profits earned

A fresh drive by the European Commission to ensure companies pay their tax where they make their profits could have far-reaching consequences for Irish corporate tax revenue. Some new pieces of legislation will be presented over the next few months, but one of the biggest could be the revival of… – Continue reading

EC launched its ambitious agenda to combat tax avoidance

The European Commission launched its work on its ambitious agenda to combat tax avoidance and aggressive tax planning. The College of Commissioners held a first orientation debate on possible key actions to ensure a fairer and more transparent approach to taxation in the EU.President Jean-Claude Juncker has made the fight… – Continue reading

Ukraine suddenly 40% more interested in UK tax info – HMRC

Growing trend of chasing ‘high net worth foreign nationals’? Cooperation between HM Revenue and Customs (HMRC) and foreign tax authorities will only increase as more countries sign up to automatic tax information exchange agreements. This is according to Pinsent Masons, the law firm behind Out-Law.com, which obtained figures showing a… – Continue reading

Jump In Foreign Requests For UK Tax Information

The number of requests from foreign governments for tax information from the UK rose by 45 percent in 2013, according to international law firm Pinsent Masons. 2,466 requests were received by HM Revenue and Customs (HMRC) in the year to December 31, 2013, up from 1,701 recorded in 2012. James… – Continue reading

Switzerland opens money-laundering probe of HSBC after tax evasion reports

BERLIN – Geneva prosecutors searched the premises of HSBC’s Swiss subsidiary on Wednesday after launching a money-laundering investigation over a report that the bank helped hide millions of dollars for drug traffickers, arms dealers and celebrities. Prosecutors said they were investigating HSBC Private Bank (Suisse) SA and persons unknown for… – Continue reading

Tax Policy Update

NUMBER OF THE WEEK: 3,415. The number of people who renounced their citizenship in 2014 according to IRS data. This is one of the five highest totals on record since the U.S. Congress passed the Foreign Account Tax Compliance Act in 2010. In the past five years, more than 10,000… – Continue reading

Revenue collects €1bn from special investigations

Probes since 2001 into offshore accounts include €4.6m from Irish HSBC customers The Revenue Commissioners has collected just more than €1 billion since 2001 from various special investigations of offshore bank accounts held by Irish residents. This includes the €4.6 million received to date from the holders of offshore accounts… – 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

Bernie Sanders attacks Business Roundtable, offshore tax havens

Sen. Bernard Sanders took aim at some of America’s biggest corporations Wednesday in his crusade to raise taxes on the wealthy, accusing the companies of “legalized tax fraud” for using off-shore banks to avoid U.S. taxes. Mr. Sanders, the ranking member on the Senate Banking Committee, released a report that… – Continue reading

Bull and bear cartels in stock market misuse for black money

Mumbai: As a probe continues into the misuse of stock markets for evading taxes and laundering black money, 4-5 cartels of market operators have been identified for making illicit gains or showing fictional losses of several thousands of crores of rupees over last 2-3 years. According to sources, both ‘bull’… – Continue reading

EU launches drive to stop tax evasion by multinationals, plans for new rules next month

BRUSSELS (AP) — The European Union has launched a drive to combat tax evasion following a series of probes into rules that allow multinationals to slash their bills in Luxembourg, Ireland and the Netherlands. The EU’s executive commission said Wednesday that it will propose new tax legislation next month, including… – Continue reading

Leaked Documents Reveal HSBC Bank’s Dirty Dealings with Tax Dodgers, Drug Traffickers and Arms Dealers

A team of journalists from 45 nations who investigated documents leaked by a former systems engineer working for banking giant HSBC’s Geneva, Switzerland branch, found HSBC managed secret bank accounts for criminals, drug traffickers, tax dodgers, politicians and celebrities. The documents, covering the period from 2005 to 2007 revealed, according… – Continue reading

Worldwide: Asia Tax Bulletin – January 2015

CHINA China Releases GAAR Administrative Measures Courtesy of Mr Glen Wei, an attorney at law, certified tax adviser, and CPA based in China.China’s State Administration of Taxation (SAT) on December 12 issued Decree 32 (dated December 2) introducing administrative measures for applying the domestic general anti-avoidance rule to special tax… – Continue reading

Mumbai ITAT: Outsourced Functions ≠ PE

This Tax Alert by EY summarizes a recent ruling of the Mumbai Income Tax Appellate Tribunal (Tribunal) in the case of Swiss Re-Insurance Company Ltd. (Taxpayer). The Tribunal ruled that the Taxpayer’s wholly-owned Indian subsidiary (ICo) engaged in carrying out risk assessment services, marketing insurance and providing administrative support for… – Continue reading

Vern Krishna: Corporate barons vote with their feet

The abolition of unfair taxes was one of the foundational principles of Magna Carta, a document that King John assented to on June 15, 1215 at Runnymede, England. Taxation must be fair, and requires the consent of the people. There is no more unfair aspect of fiscal law than retroactive… – Continue reading

1ST LEAD Swiss prosecutors search HSBC in money laundering probe By Albert Otti and Thomas Burmeister, dpa

Basel, Switzerland (dpa) – Swiss prosecutors searched HSBC‘s private bank in Geneva Wednesday after launching an investigation into aggravated money laundering against the financial institute. The Geneva prosecution office said it was reacting to last week‘s media reports, which alleged that the Swiss branch of the major British lender helped… – Continue reading