Category: Regulatory

British Virgin Islands: BVI Adopts Legislation To Implement The OECD Common Reporting Standard

The BVI has passed legislation to implement the Organisation for Economic Co-Operating and Development (OECD) Common Reporting Standard for the exchange of tax information (CRS). The amendments to the Mutual Legal Assistance (Tax Matters) Act, 2003, which implement CRS in the BVI, will come into force on 1 January 2016…. – Continue reading

Tax Inversions Hinder Economy, Boost Large Caps

Tax inversions and corporate tax rate cuts would be huge for these stocks Certain politicians are decrying a tax move known as an “inversions,” which allow a U.S. company to merge with a foreign one with a more favorable tax rate. Yet, it’s the politicians who created the necessity for… – Continue reading

Canada: Tax-dispute arbitration procedures, under income tax treaty with UK

Canada and the United Kingdom have signed an agreement that clearly outlines procedures for the application of the arbitration provisions of the Canada-United Kingdom income tax treaty. The agreement provides for a clearly outlined process for the arbitration of tax disputes between the two nations. The agreement establishes rules and… – Continue reading

End nears for tax cheats

The government aims to turn the screws on tax delinquents this year as well as those who have escaped the taxman’s radar, finance minister Harris Georgiades told MPs on Tuesday. The Tax Department is preparing to launch a drive to track down and tax the owners of luxury assets, such… – Continue reading

China winning offshore yuan battle, but may be losing the war

HONG KONG: In the space of about five years, the offshore market in Chinese yuan has gone from the poster child of Beijing’s financial market liberalisation to a battleground to regain control of the currency, spooking investors and raising questions about the future of the market. While investor appetite for… – Continue reading

India: Swiss Apex Court Denies Treaty Benefits For Dividend On Securities Acquired For Hedging Derivative Contracts

Federal Supreme Court of Switzerland denies treaty benefits in case of dividend paid on shares acquired for hedging derivative contracts. Court stated that due to the fully hedged nature of ownership, there was economic nexus and interdependency between two independent transactions and therefore, the “intermediary” bank did not have beneficial… – Continue reading

UK Tax Treaties With Croatia, Bulgaria In Force

The UK tax authority, HM Revenue and Customs (HMRC), has announced that new double tax avoidance treaties with Bulgaria and Croatia have entered into force. The 2015 UK-Bulgaria double tax agreement was signed on March 26, 2015, and replaces the former 1987 treaty. It generally limits the withholding tax rate… – Continue reading

CYPRUS TAX UPDATE

On 10 December 2015 the remaining changes to the income tax and the capital gains tax laws aiming to improve the tax system of Cyprus and make it more attractive to both the local and international business community were voted. The changes came into effect with their publication in the… – Continue reading

Italian groups seek EU antitrust probe into McDonald’s

BRUSSELS – Three Italian consumer organizations have urged EU antitrust regulators to investigate McDonald’s (MCD.N) franchise system in Europe, a month after the opening of an EU inquiry into the U.S. fast food company’s tax deals with Luxembourg. Codacons, Movimento Difesa del Cittadino and Cittadinanzattiva filed their complaint with the… – Continue reading

Ireland: the Tax Haven that Dare Not Speak Its Name

‘We’re not a tax haven, we have never been involved in any kind of tax malpractice’ – Michael Noonan, Irish Minister for Finance 5th October 2015 If your top political figures need to constantly state that your country is not a tax haven, then the chances are it probably is… – Continue reading

Czech Republic: ECOFIN Abandons Plans For A Standard VAT Return; Czech Republic To Pilot Domestic Reverse Charge

ECOFIN’s latest monthly review of VAT measures includes abandoning plans for a standard VAT return across 28 countries. The Czech Republic has requested to pilot the domestic reverse charge, an anti-VAT fraud measure. The EU’s Economic and Financial Affairs Council (ECOFIN) latest update on VAT measures includes, as anticipated, abandoning… – Continue reading

Belgium’s $763 million tax loophole shut in EU payback order

AB InBev says it’s `disappointed’ and is assessing its options Vestager lashes out at `double non-taxation’ schemes BRUSSELS – The European Union ordered Belgium to recover about 700 million euros ($763 million) in illegal tax breaks given to at least 35 companies, including Anheuser-Busch InBev and BP, as regulators continued… – Continue reading

Northern Ireland signs MoU on setting corporation tax rate

Northern Ireland has moved one step closer to setting its own corporation tax rate when its Department of Finance and Personnel signed a memorandum of understanding (MoU) with HMRC, Economia reports. This sets out the arrangements for developing the necessary systems for devolving the tax, which will still be administered… – Continue reading

Outlook for Direct Taxes – flash back 2015 and envision for 2016

The focus has been on increasing global participation in India through liberalisation of foreign direct investment (FDI) laws. It covered easing FDI sectorial caps and conditions in diverse sectors ranging from highly regulated sectors like defence, construction& development, civil aviation to single brand retailing, automatic route for FDI in Limited… – Continue reading

APA and MAP program management unit

As part of the ATO’s reinvention agenda we have been reviewing our Advance pricing arrangement (APA), Mutual agreement procedure (MAP) programs and our Competent Authority Network to identify opportunities to: improve the client experience and better support willing participation improve our bilateral and multilateral engagement increase our efficiency and effectiveness…. – Continue reading

Thirty-eight percent of Australia’s large companies paid no tax in 2013-14

An Australian Taxation Office (ATO) report issued last month on “corporate tax transparency” showed that 1,539 of the country’s biggest firms had a combined turnover of $1.6 trillion but paid a total of only $39.9 billion in company tax—about 2.5 percent of the collective turnover. Five hundred and seventy-nine of… – Continue reading

Why is the Republican Party coming to the Israeli High Court for help?

According to a recent petition, the Israeli government has taken the wrong side in a world war that the US is waging over taxes of its overseas dual citizens. The financal future of 9 million Americans worldwide and hundreds of thousands living in Israel could be at stake. According to… – Continue reading

Low Yield For Indian Tax Amnesty

India collected INR24.28bn (USD363.4m) in taxes and penalties after 644 declarations were made under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015. The Black Money Act, which came into force on July 1, 2015, provided taxpayers with a one-time compliance window to declare assets… – Continue reading

IRS goes after Royce Gracie claiming tax underpayment, fraud totaling $1.15 million

Royce Gracie isn’t scheduled to fight at Bellator 149 until February, but he’s in a serious fight with the IRS over his taxes, including whether he rightfully claimed a tax credit for the poor. Remember the scrawny guy in a gi who smoked the field at UFC 1 and had… – 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

AMERICANS SAY FATCA HURTS THEIR CAREERS

Most Americans who work overseas feel that FATCA negatively impacts their careers, and that compliance requirements are burdensome, says a new study released by the Americans Abroad Global Foundation and the University of Nevada. The study surveyed nearly 700 adults who live and work in more than 60 countries. Key… – Continue reading

Transfer pricing rules with wider ambit soon

Changes in I-T Act likely to curb tax evasion by multinational companies The government might change transfer pricing provisions in Budget 2016-17 to ensure companies with overseas presence and consolidated revenue of more than Rs 5,000 crore comply with extensive data reporting and documentation. Legislative changes in the Income Tax… – Continue reading

Brazil: Tax Treaty Series: The Bilateral Income Tax Treaty Between Brazil And Canada

This is the first of our series of posts on Brazilian tax treaties. In each post we will provide an overview of a specific tax treaty between Brazil and a particular foreign country, as well as comments on any Brazilian administrative or judicial precedents applying the treaty, and highlights on… – Continue reading

Nigerian transfer pricing regulations: Any safe harbour?

The Nigerian Transfer Pricing (TP) Regulations officially known as Income Tax (Transfer Pricing) Regulations No 1, 2012 regulates transactions between connected taxable persons (controlled transactions). The regulation seeks to ensure that transactions among connected taxable persons are carried on at arm’s length. Applying the arm’s length principle to controlled transactions… – Continue reading

Nigeria: A Review of the Major Tax and Fiscal Policy Events in the Past Year

The year 2015 will be marked as the year of slow economic growth and haphazard fiscal and monetary policies due in part to the uncertainties brought about by the change in government. There were also leadership changes at the FIRS and a number of state tax authorities. This article outlines… – Continue reading

Country-by-country reporting for parent entities of large U.S.-based multinational groups proposed by the IRS

On December 21, 2015, the Internal Revenue Service (IRS) and the U.S. Treasury Department (Treasury) released proposed regulations (REG-109822-15) on country-by-country (CbC) reporting (the Proposed Regulations). In general, the Proposed Regulations are modeled after, and are consistent with, the Organization for Economic Co-operation and Development (OECD) recommendations for CbC reporting,… – Continue reading

Wayne Swan: Tax avoidance impoverishes us all. Fighting it requires challenging the powerful

few days before Christmas, in the full light of an Australian summer, the Australian tax commissioner published the tax details of 1,500 large corporate taxpayers which showed a staggering one-third of these companies paid no tax in 2014. This transparency measure was part of a wider package of ground-breaking legislation… – Continue reading

Belgium’s $762 Million Tax Loophole Shut in EU Payback Order

The European Union ordered Belgium to recover about 700 million euros ($762 million) in illegal tax breaks given to at least 35 companies, including Anheuser-Busch InBev NVand BP Plc, as regulators continued a crackdown on overly generous tax schemes throughout the 28-nation bloc. The European Commission told Belgium to recoup… – Continue reading

A hidden network of hidden wealth

If taxed on the nearly $100 billion dollars they keep offshore, the largest U.S. financial institutions could cover the U.S.’s entire poverty-focused foreign assistance budget for 2014. Tax havens are a scourge. They allow individuals and institutions to cloak their financial activity in secrecy to escape and undermine other jurisdictions’… – Continue reading

Malta: Malta And Andorra Sign Double Taxation Agreement

Malta and Andorra have signed a Double Taxation Agreement for the avoidance of double taxation and the prevention of fiscal evasion. The agreement was signed on Andorra’s behalf by Claudia Cornella, Andorra’s Secretary of State for International Financial Affairs, and on Malta’s part by Aldo Farrugia, Director General for Legal… – Continue reading

UK – Bulgarian DTA entered into force

On January 8, 2016 the UK HM Revenue & Customs issued a media release announcing that on December 15, 2015 the Convention between the United Kingdom of Great Britain and Northern Ireland and the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with… – Continue reading

BEPS Action Plan 6: Preventing inappropriate treaty benefit grants

Action Plan 6 of the Organisation for Economic Co-operation and Development (OECD) Base Erosion and Profit Shifting (BEPS) final reports identifies treaty abuse, particularly treaty shopping, as one of the most significant causes of BEPS. It recognizes that existing domestic and international tax rules, including double taxation treaties, should be… – Continue reading

UK – Croatian DTA entered into force

On January 8, 2016 the UK HM Revenue & Customs issued a media release announcing that on November 19, 2015 the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Croatia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with… – Continue reading

UK – Kosovarian DTA entered into force on December 16, 2015

On January 8, 2016 the UK HM Revenue & Customs issued a media release announcing that on December 16, 2015 the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Kosovo for the Avoidance of Double Taxation and… – Continue reading

Taxmen mishandled Swiss treaty talks in 2014

ISLAMABAD: Pakistan’s hopes to seek information from Switzerland about the presumed $200 billion stashed in Swiss banks have apparently been ruined by tax authorities who mishandled delicate negotiations for amending a convention on avoidance of double taxation. A Pakistani delegation that visited Switzerland in August 2014 to renegotiate the 2005 treaty… – Continue reading

Bahamas Reflects On 2015 Tax Initiatives

The Government of the Bahamas has recalled that 2015 brought significant challenges for the territory in the area of tax, with the implementation of a VAT regime, adoption of FATCA legislation, and the expansion of duty free concessions to cover the whole of Grand Bahama. The Bahamas Government recently released… – Continue reading

China: Attention to Five Changes for Application of Bilateral Tax Agreement

Range Extension Public Notice [2015] No. 60 provides non-resident taxpayers enjoying bilateral tax agreement and the international transport agreement with applicable unified, standardized management processes. Specific changes include: signed agreements for the avoidance of double taxation signed tax provisions of airlines, shipping and car services, tax agreement for the mutual… – Continue reading