Category: Regulatory

EU adds Belgium to its tax avoidance investigations

(Reuters) – The European Commission is investigating a Belgian system allowing companies to reduce their tax bills significantly, it said on Tuesday, widening its inquiry into tax deals struck with multinationals across the European Union. The Commission, which rules on competition and subsidies in the European Union, said deductions granted… – Continue reading

Recent progress in the OECD’s BEPS project

Progress continues to be made in the BEPS project, with the release in September 2014 of the “2014 Deliverables” and a raft of discussion drafts published during the autumn. Here is a summary of all the recent developments. Within the framework of the BEPS (Base Erosion and Profit Shifting) action… – Continue reading

With plea deal now off the table, it looks like Cheryl Womack may head to trial after all

On January 14, federal prosecutors told attorneys representing Mission Hills businesswoman Cheryl Womack that she had until the end of the day to take their plea offer or leave it. It had been a couple of months since Womack seemed ready to accept some kind of fate offered up by… – Continue reading

New MPF provisions in Hong Kong

On 30 January 2015 the Legislative Council passed certain changes to the Mandatory Provident Fund Schemes Ordinance (“MPFSO”). Such changes, when they come into force, will enable the withdrawal of benefits on the terminal illness of an employee, and also enable a phased withdrawal of accrued benefits. In addition, the… – Continue reading

HMRC proposes ‘two-pronged’ attack on tax avoiders and avoidance scheme promoters, says expert

Planned new measures to tackle what UK tax authorities have described as “persistent” use of avoidance schemes would target the promoters of these schemes, as well as taxpayers, an expert has said.03 Feb 2015 HM Revenue and Customs (HMRC) is consulting on proposed additional financial and reporting burdens for those… – Continue reading

Ireland More Attractive For Multinationals, Says Study

Ireland has been ranked among the least complex business destinations for multinationals, and its appeal has improved as a result of recent international tax policy changes, according to a new study. The study from the TMF Group ranked 81 jurisdictions across Europe, the Middle East, Africa, Asia-Pacific, and the Americas… – Continue reading

US Freedom Capital offers solutions to minimize or eliminate US taxes for non-US investors

Many wealthy foreigners considering their options for investment, permanent residency or citizenship in the US are concerned about the US tax policy. Many have heard of the US income tax on worldwide income, but in reality, astute advisors can mitigate or eliminate the additional expense. US Freedom Capital, the premier… – Continue reading

Changes to Principal Private Residence relief for sales of residential property: a foreign element

From 6 April 2015 any individual, whether UK-resident or non-UK-resident, owning property in the UK and abroad, will need to ensure they comply with the new rules if they are to benefit from the relief when selling their PPR On 15 December 2014 the Government issued draft legislation to implement… – Continue reading

BEPS feedback highlights a lack of taxpayer confidence in the OECD’s work on double taxation and dispute resolution

Business industry feedback on BEPS discussion drafts, including comments from BIAC, TEI, Reed Elsevier, Volvo and Siemens, suggests that the OECD has done little to quash taxpayer concerns over double taxation and dispute resolution. The OECD’s BEPS project was the TP topic of 2014 and will undoubtedly retain the top… – Continue reading

Africa loses $50bn in illicit finance flows

Weak governance means Africa loses more than $50bn each year in unpaid taxes and money laundering, a new report has found. The analysis, published jointly by the African Union and the United Nations Economic Commission for Africa, concluded that a lack of financial transparency and difficulties in obtaining systematic data… – Continue reading

National Taxpayer Advocate Slams IRS Offshore Programs & FBAR Penalties, Demands Change

The National Taxpayer Advocate Nina Olson is a strong and vocal advocate for taxpayer rights. Her annual report to Congress castigates the IRS for its unfair application of offshore account penalties, and its disparate treatment of innocent Americans caught in reporting snafus. Some of the report asks the IRS to… – Continue reading

Preparation leads Guernsey to regulatory success

Guernsey’s forward-thinking approach to international regulatory requirements has aided the success of its funds industry and raising its profile as an international finance centre, according to a panel discussion at the Guernsey Funds Masterclass in London. Panellists discussed the implementation of regulations like such as the Alternative Investment Fund Managers… – Continue reading

Industry praises Guernsey regulators

Panellists at a Guernsey funds technical masterclass in London have praised the jurisdiction for its “progressive nature” in tackling international regulatory developments. Delegates were told that Guernsey’s response to initiatives such as the Alternative Investment Fund Managers Directive (AIFMD), Markets in Financial Instruments Directive (MiFID) II, the Foreign Account Tax… – Continue reading

capital gains investments deloitte gaar india mauritius shell tax evasion investigations tax treaties transfer pricing

Finance minister Arun Jaitley is likely to defer implementation of the dreaded General Anti-avoidance Rules (GAAR) by at least a year so that tax officers and the industry are better equipped for the sophisticated tool aimed at preventing tax avoidance. As per the original plan, GAAR, formulated by the UPA… – Continue reading

MNCs may Disclose Details of Headquarter Operations to Taxman

New Delhi: Multinational companies operating in India will soon have to disclose details of their operations at the country of residence and their revenue income to the Income Tax authorities. The Budget for 2015-16 may contain provisions relating to the Global Base Erosion and Profit Shifting (BEPS) rules, which are… – Continue reading

DTAA: How will help it India & US taxpayers?

India and US reach common ground on Mutual Agreement Procedure (“MAP)” and break new ground on Advance Pricing Agreements (“APA”) Suchint Majmudar Just ahead of Obama’s momentous R-Day visit to India, the Competent Authorities of India and US reached a landmark breakthrough in cases involving mutual agreement procedure under the… – Continue reading

IRS Focus: Offshore Tax Evasion Tops Dirty Dozen List

The IRS issued two New Releases this week that restate its focus on offshore tax evasion.  The first was January 29, 2015 which followed the First International Criminal Tax Symposium. “The Internal Revenue Service Criminal Investigation Division (IRS-CI) and Her Majesty’s Revenue & Customs (HMRC) co-hosted a three-day International Criminal… – Continue reading

More than 200 IT and construction companies investigated for money laundering and tax fraud

The police are carrying out 146 searches in Bucharest and other 11 counties, targeting 90 people from IT and construction companies, suspected of money laundering and tax evasion. They are believed to have created damages of EUR 30 million to the state budget. Among the companies under the lens are… – Continue reading

Tax Office pushes for biggest corporations to audit themselves

The Australian Tax Office is pushing ahead with a controversial plan to allow the country’s biggest corporations to audit themselves through their own private auditors, despite mounting public anger over corporate tax avoidance. An ATO spokesman said 56 public companies with a turnover of between $100 million and $5 billion… – 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

MNCs may have to disclose details of HQ ops to I-T dept

NEW DELHI: Multinational companies operating in India will soon have to disclose details of their operations at the country of residence and their revenue income to the Income Tax authorities. The Budget for 2015-16 may contain provisions relating to the Global Base Erosion and Profit Shifting (BEPS) rules, which are… – Continue reading

President Obama’s fiscal year 2016 revenue proposals

SUMMARY On February 2, 2015, the Obama Administration (the “Administration”) released the General Explanations of the Administration’s Fiscal Year 2016 Revenue Proposals (commonly known as the “Green Book”), which contains significant detail about the fiscal year 2016 revenue proposals. This memorandum discusses certain aspects of the Green Book relating to… – Continue reading

We have to take active measures to battle tax evasion and tax competition

According to an estimate by the European Commission, the EU is at least 1,000 billion euros out of pocket because of tax evasion and avoidance.  A major problem related to tax evasion is that in many cases it does not involve any illegal activities but is regarded as tax planning… – Continue reading

French tax update: new China – France double tax treaty, amendment to Singapore – France double tax treaty, noteworthy tax courts decisions and administrative publications

The present French Tax Update will focus on (i) the most salient features of the new double tax treaty signed by the People’s Republic of China (China) and France on November 26, 2013 (New DTT), (ii) the new double tax treaty signed by Singapore and France on January 15, 2015,… – Continue reading

London offers world stage and war chest for Republican 2016 hopefuls

Potential candidates can gain foreign experience and donations in the British capital but expatriate supporters want action on Obama’s onerous tax demands Republican donors in the UK are lobbying the presidential hopefuls visiting London in search of foreign policy credentials and wealthy corporate allies to abandon President Barack Obama’s aggressive… – Continue reading

BEPS Action Plan 5: Countering harmful tax practices

IN LAST WEEK’S column we talked about the OECD’s BEPS Action Plan on Hybrid Mismatch Arrangements. This week’s column focuses on the OECD’s Action Plan on Harmful Tax Practices (HTP). As the world economy continues the process of globalization and technological advances, tax authorities from various jurisdictions are inevitably faced… – Continue reading

3 IRS Strikes? FATCA, FBARs, An ‘Abode’ In U.S. Although You Live Abroad

With over 7 million Americans living abroad, many have complained about the rigorous IRS enforcement of global tax reporting, the risk of draconian FBAR penalties for reporting foreign accounts, and FATCA discrimination. FATCA, America’s global tax enforcement law, applies virtually everywhere. It is easy for the IRS to find you,… – Continue reading

23 FDI proposals deferred for possible tax treaty abuse

NEW DELHI: Getting tough with investment proposals from tax heavens, FIPB has deferred 23 applications in its last three meetings apprehending “treaty abuse”. According to sources, the Department of Revenue has expressed doubt that a few foreign companies were evading tax by routing their investments through tax heaven countries with… – Continue reading

HSBC the latest bank to implement FATCA

IRS threatens 30% withholding tax on non-compliant banks Dubai: Many people, including American citizens working in the Gulf state, received recently letters from their UAE-based banks asking them for more details and papers in compliance with American laws introduced by tax service. The move comes as many citizens of the… – Continue reading

Massie: Stop taxing Social Security recipients

NKY congressman says that current system amounts to ‘double taxation’ on people. His bill could save some seniors thousands of dollars. Are you a higher-income Social Security recipient who must pay federal taxes on your benefits? U.S. Rep. Thomas Massie is your friend. Massie, R-Garrison, last week introduced the latest… – Continue reading

Six firms including Google and Facebook made £14BILLION last year but paid just 0.3% UK tax

A Sunday Mirror investigation has found Apple, Facebook, Amazon, Google, Ebay and Starbucks has paid less than one per cent tax Six of the world’s biggest companies paid just 0.3 per cent of their UK earnings in corporation tax last year, a Sunday Mirror probe has found. We have examined… – Continue reading

Firms prepare for new tax rules as China vows crackdown

Feb 1 (Reuters) – The Chinese government’s vow to increase tax scrutiny of foreign companies has sent firms rushing to tax advisors ahead of the implementation on Sunday of new rules designed to rein in cross-border tax avoidance. Tax professionals and business lobbies alike have welcomed the move as an… – Continue reading

Merge inheritance tax and capital gains tax, says Institute of Directors

Capital Gains tax and inheritance tax should be merged to prevent wealthy homeowners being taxed twice, IoD suggests Capital gains tax and inheritance tax should be merged to prevent wealthy homeowners being taxed twice, according to the Institute of Directors. Taxes raising less than £5billion a year should be merged… – Continue reading

Nepal, Bangladesh to sign DTAA

KATHMANDU, Jan 30: Nepal and Bangladesh on Thursday agreed to sign Double Taxation Avoidance Agreement (DTAA). Issuing a statement on Thursday, Inland Revenue Department (IRD) said the fourth round of meeting for DTAA held in Kathmandu took the decision. Director General of Inland Revenue Department (IRD) Chudamani Sharma and Head… – Continue reading

Offshore Tax Evasion: The IRS & Swiss Banks

LIGHTNING RELEASES (1/30/2015) – Attorney Gary S. Wolfe of The Wolfe Law Group is pleased to announce, after 12 years of research, the publication of his 10th book, Offshore Tax Evasion: The IRS and Swiss Banks, now available for immediate download through the Amazon Kindle store. Switzerland is the epicenter… – Continue reading