Category: Regulatory

PII lawyer warns advisers over tax avoidance schemes

Advisers should notify their insurers early if they think they may be facing claims from advice to invest in tax avoidance schemes, a professional indemnity insurance (PII) lawyer has warned. Solicitor at commercial claims resolution firm Triton Global, James Field, said acting late could mean advisers risk “falling between the… – Continue reading

Brussels in crackdown on ‘double Irish’ tax loophole

High quality global journalism requires investment. Please share this article with others using the link below, do not cut & paste the article. See our Ts&Cs and Copyright Policy for more detail. Email ftsales.support@ft.com to buy additional rights. http://www.ft.com/cms/s/0/ba95cff0-4fcd-11e4-a0a4-00144feab7de.html#ixzz3G77zeNBz Brussels is challenging the “double Irish” tax avoidance measure prized by big US tech… – Continue reading

Foreign manufacturers use foreign parts suppliers to avoid tax: Analysts

VietNamNet Bridge – Foreign automobile and electronics manufacturers often choose foreign enterprises for their parts and accessory suppliers instead of Vietnamese companies because it allows them to engage in transfer pricing, some analysts have claimed. Samsung, Toyota, Canon and other giants in the manufacturing industry have complained many times that… – Continue reading

What Yahoo and Nokia’s Offshore Cutbacks Tell Us About India

Yahoo! just made about $9 billion in cash from Alibaba Group’s initial public offering, and investors are licking their lips at the thought of how Marissa Mayer might spend it. Snapchat? AOL? Well, here’s one area you shouldn’t expect her to invest in: offshoring more jobs to India. The company… – Continue reading

ATO alleges complex Chevron scheme slashed tax bill by $258m

Australian tax authorities allege multinational oil giant Chevron used a series of loans and related party payments worth billions of dollars to slash its tax bill by up to $258 million. New documents filed in a long-running dispute in the Federal Court show how Chevron allegedly engaged in a complex… – Continue reading

EU turns its attention to Amazon

European body adds another high-profile name to its crackdown on multinationals’ tax avoidance in bloc. The European Union is broadening its crackdown on multinationals’ tax avoidance schemes, opening an investigation yesterday into Amazon’s practices on suspicion the online retailer is not paying its dues on profits made across the 28-nation… – Continue reading

EU tax evasion bank data agreement said to be close

There are reportedly about to be major moves in the fight against tax evasion within the European Union. The region’s finance ministers are said to be close to an agreement on automatic sharing of bank data so that the authorities could spot tax dodging or illicit money flows more easily…. – Continue reading

ActionAid Asks EIB to Publish Report on Mopani Tax Evasion

The following joint press release was circulated by non-governmental organisations ActionAid Zambia, Christian Aid, and Counter Balance, including the full text of their letter appealing to the European Investment Bank (EIB) to publish their findings on possible tax evasion activity at the Mopani Copper Mine, which is owned and operated… – Continue reading

BEPS, Broken Promises, and What the OECD Can Learn from the WTO About Dispute Settlement Procedures

The question has often arisen whether “international law” is an oxymoron – whether “obligations” in income tax treaties and other international agreements are really binding upon the parties, when they are not buttressed by some sort of enforcement mechanism. That question has never been more relevant in the tax world… – Continue reading

Worldwide: OECD Releases First BEPS Recommendations To G20 In Accordance With Action Plan

As a part of the OECD/G20 project to combat base erosion and profit shifting (“BEPS”), the OECD released the first set of reports and recommendations on September 16, 2014. These reports address seven of the actions described in the 15-point action plan to address BEPS published in July 2013 (the… – Continue reading

Bye Bye Brazil!- Tax Planning Considerations for Brazilian Investment in the United States: Part I – Income Tax Considerations

Overview I have mentioned in prior articles that I was a Spanish and Portuguese major as an undergraduate. During the time that I was attending law school at the University of Miami, the early 1990’s, the Brazilians had yet to arrive in South Florida in a significant manner. The Brazilian… – Continue reading

Panama Achieves Tax-Haven Status, Doesn’t Want It Central American Nation Wants Off Colombia’s “Gray List”

Colombian and Panamanian finance ministers met on Wednesday to resolve a lingering tax dispute between the two nations. On Tuesday, the Colombian government included Panama in its “gray list” after the Central American nation failed to sign a tax information exchange agreement within the allotted time period. Mauricio Cárdenas and… – Continue reading

Indonesia Tax Boss Wants to See Bank Records in Revenue Push

Indonesia’s tax chief is pushing for access to personal bank accounts and wants to track car and home purchases in his fight to catch evaders and boost revenue. The department is asking parliament to amend the banking law to give it the right to get lenders to reveal customer account… – Continue reading

Espírito Santo Financial to File for Bankruptcy

LONDON – The Espírito Santo Financial Group, which at one point held about 25 percent of the bailed-out Portuguese lender Banco Espírito Santo, said on Thursday that it would file for bankruptcy after it was denied creditor protection by a Luxembourg court last week. Espírito Santo Financial is part of… – Continue reading

Is tax the reason Tim Cahill is cranky?

According to a report published in the Sydney Morning Herald on October 6, Tim Cahill may be dealing with an irksome tax problem, stemming from investments made when he was living and working in England. The newspaper claims to have seen documents linking Cahill to a company called Phoenix Film… – Continue reading

Canada: OECD Issues Work On BEPS Actions

The Organization for Economic Cooperation and Development (OECD) has released the first components of its comprehensive plan for creating an agreed set of international rules for fighting base erosion and profit shifting (BEPS) and ending opportunities for double non-taxation. The four model legal instruments and three reports are the first… – Continue reading

Nokia’s Largest Plant to Shut Down in India

BANGALORE, India — One of the world’s biggest cellular phone manufacturing plants, located in the southern India city of Chennai, will stop production of mobile phones and down shutters after Nov. 1. Microsoft, its lone customer, has terminated a subcontract agreement. “Microsoft has informed Nokia that it will be terminating… – Continue reading

Patent box tax break for innovation “does not facilitate profit shifting”, says UK Treasury

The UK government will continue to defend its ‘patent box’ tax break for income from qualifying intellectual property (IP) during discussions to develop a global corporate tax regime, a Treasury official has said.08 Oct 2014 Intellectual Property Tax Patents Corporate tax Life sciences Advanced Manufacturing & Technology Services UK Europe… – Continue reading

US Tax Inversion Planners Respond To Treasury Measures

The non-legislative measures put forward by the Treasury Department on September 22, to deter multinationals from using corporate inversions to move their tax residence abroad and move away from the high United States tax rate, have so far produced a mixed bag of results. The measures are aimed at preventing… – Continue reading

Panama denies tax-haven designation by Colombia, threatens to retaliate

Changes dateline, updates with Panama’s response) Panama on Wednesday rejected its inclusion on Colombia’s list of tax havens and said it will take retaliatory action against its neighbor. Panama has “a competitive and sound tax system, and therefore the national government categorically rejects any tax-haven designation,” the Central American nation’s… – Continue reading

Colombia declares Panama a tax haven, seeking to recoup lost revenue

Colombia on Wednesday declared Panama a tax haven for individuals and businesses as the government looks to curb tax evasion and seeks to pressure the Central American country to sign a financial information-sharing agreement. The move could push Colombian investors and businesses to pull out of Panama, since assets stored… – Continue reading

Patent box tax break for innovation “does not facilitate profit shifting”, says UK Treasury

The UK government will continue to defend its ‘patent box’ tax break for income from qualifying intellectual property (IP) during discussions to develop a global corporate tax regime, a Treasury official has said.08 Oct 2014 Intellectual Property Tax Patents Corporate tax Life sciences Advanced Manufacturing & Technology Services UK Europe… – Continue reading

MiFID 2: implications for BVI, Cayman Islands, Guernsey and Jersey firms

The Markets in Financial Instruments Directive (“MiFID”) is a European Union law that aims to harmonise the regulation of investment services across the member states of the European Economic Area and came into effect from 1 November 2007. Following the 2008 financial crisis, amendments to MiFID became the focus of… – Continue reading

Kenya: KRA After Sh30 Billion in Audit of Companies

The taxman is willing to “negotiate and strike a balance” with multinationals being audited for transfer pricing misconduct, a drive it says has a potential to realise over Sh30 billion. The Kenya Revenue Authority told a workshop organised by the Association of Chartered Certified Accountants in Nairobi that this will… – Continue reading

Corporate tax rip-off

Eight of the top 200 companies publicly listed on the Australian stock exchange (ASX200) paid no taxes on profits averaging $50 million to more than half a billion dollars over the decade to 2013! More than 20 (10 percent) corporations paid an average tax rate of five percent or less…. – Continue reading

Five questions Cañete has not yet answered about his family

Miguel Arias Cañete, the Spanish Commissioner-designate for Energy and Climate Change, has left five important questions unanswered during his confirmation hearing in the European Parliament, writes Alicia Gutiérrez. Alicia Gutiérrez is a journalist at the Spanish online media infoLibre. (Translation by Avaaz. Original version here) 1. Has Cañete had any… – Continue reading

IRS Denies Treaty Benefits Despite Lack of Treaty Shopping

In Starr International Company, Inc., v. United States, the taxpayer (“Starr International Company, Inc.” or “SICO”) filed a complaint in the United States District Court for the District of Columbia seeking a tax refund from the IRS of approximately $38 million.  The refund is allegedly due to an overpayment of… – Continue reading

Swiss Said to Send Data on UBS French Client Accounts

UBS AG (UBSN), the Swiss bank facing French allegations of helping clients evade taxes, has handed over details on about 100 accounts, according to a person with knowledge of the matter. Swiss authorities at the start of the year notified UBS of a request from France for information on 300… – Continue reading

Amazon Luxembourg Tax Deals Investigated by E.U. Watchdog

Amazon’s tax arrangements with Luxembourg are being investigated by E.U. regulators, as the online retailer becomes the latest global company to be accused of striking tax-minimising deals with member states that may break bloc rules. Corporate tax avoidance has come under the spotlight on both sides of the Atlantic in… – Continue reading

When FATCA Meets FIRPTA: Some Preliminary Comments

In view of the frenzy in the profession over compliance with the new FATCA rules, it seems appropriate to take an overview of how FATCA applies to a major source of inbound investment by foreign individuals – “FIRPTA” investments in U.S. real property. This commentary considers the extent to which… – Continue reading

Manny Pacquiao Ordered To Explain His Taxes In Court: Is Pacman Now Taxman?

On top of his many boxing titles, including world championships in eight weight classes, Manny Pacquiao is on tap for a possible Senate seat in 2016. First, he has to get his taxes resolved. The Supreme Court of the Philippines ordered the boxing champ and potential Senator to answer the… – Continue reading

Amazon faces European Union tax avoidance investigation

Amazon, the online retailer, is to face a formal investigation into its European corporate tax practices, the European Commission has announced. The Commission – the executive division of the 28-member European Union – says it will look at the tax agreement made between Amazon and Luxembourg. It suspects the deal… – Continue reading

Lukoil Refinery in Romania Closed over Tax Evasion, Money Laundering Probe

Romanian authorities have ordered the closure of Lukoil’s Petrotel refinery in Ploiesti, Romania. Oleg Malginov, Russia’s Ambassador Extraordinary and Plenipotentiary to Romania, announced that the oil refinery had been closed sue to an investigation for tax evasion and money laundering. Malginov, as cited by ITAR-TASS, pointed out that the halt… – Continue reading

Lukoil Refinery in Romania Closed over Tax Evasion, Money Laundering Probe

Romanian authorities have ordered the closure of Lukoil’s Petrotel refinery in Ploiesti, Romania. Oleg Malginov, Russia’s Ambassador Extraordinary and Plenipotentiary to Romania, announced that the oil refinery had been closed sue to an investigation for tax evasion and money laundering. Malginov, as cited by ITAR-TASS, pointed out that the halt… – Continue reading