Category: Legislation

Noonan expects Apple tax inquiry to be dropped

Minister confident as Luxembourg leaks overshadow finance ministers’ meeting in Brussels Minister for Finance Michael Noonan has said he expects the European Commission investigation into Ireland’s tax deal with Apple to be dropped, as he defended Ireland’s corporate tax regime yesterday in the wake of the Luxembourg leaks scandal. “My… – Continue reading

G20 leaders in the mood to act on tax avoidance after Luxembourg leaks

Ahead of next weekend’s G20 summit, the release of leaked documents showing Luxembourg’s facilitation of industrial scale tax avoidance by multinational corporations could not have been better timed. A cache of documents obtained by the International Consortium of Investigative Journalists, and released on Thursday, found hundreds of companies – including… – Continue reading

India: Sham Transactions: Recent Developments In Indian Tax Law

Delhi Tribunal holds that the mere fact that one of the steps in a transaction resulted in capital loss for the taxpayer would not make the series of transactions a sham. Karnataka High Court holds that shares bought at a premium, and sold at a lower value to individuals (ex-employees… – Continue reading

Black money: Narendra Modi’s government turns to Cyprus to act against round tripping

NEW DELHI: After reaching a significant breakthrough in information exchange on bank accounts with Switzerland, the Narendra Modi government has now turned the heat on European tax haven Cyprus as part of its fight against black money. The government wants to drop a provision in the tax treaty between the… – Continue reading

Global base erosion rules likely to be finalised by end 2015NEW DELHI:

The global base erosion and profit shifting (BEPS) rules, aimed at collecting a fair share of taxes from multinationals operating in different tax jurisdictions, are likely to be finalised by December 2015, a senior finance ministry official today said. “Work on BEPS is moving very fast. If things go on… – Continue reading

Global Tax-Evasion Crackdown Sidestepping Poorest Countries

Washington – While a major global campaign to cut down on tax evasion is picking up momentum, anti-poverty advocates say the initiative overlooks the world’s poorest countries. Last week, 51 countries from four continents agreed to systematically exchange tax information by 2017, with the aim of allowing authorities to quickly… – Continue reading

US anti-tax evasion law under fire

The US Treasury has opened a new front in its war against offshore tax evasion. But for some it amounts to financial imperialism. Americans with legitimate bank accounts outside the country, and foreigners working in the United States, have begun receiving letters from their banks in Paris, Tokyo, Johannesburg and… – Continue reading

Mogers Drewett: What the new Capital Gains tax regulation means for you

Being a non-UK resident can offer certain tax advantages however new regulation around capital gains tax proposed to take effect next year, may have implications for non-residents when they dispose of a residential property as Kirstie Carr of Mogers Drewett explains. Capital gains tax (CGT) is a tax which applies… – Continue reading

Medical supplies group used Irish firm in tax deal

Covidien transferred right to $6.9bn loan to new entity Multinational medical supplies group, Covidien, transferred the right to loans totalling $6.9 billion from Luxembourg to a new Irish company as part of an elaborate inter-group tax planning arrangement agreed with the Luxembourg tax authorities in 2009. Under the deal, the… – Continue reading

Global tax crackdown could backfire

Australia risks losing billions in tax ­revenues from resources sales to Asia if global efforts to stop multinational tax avoidance backfire, Wesfarmers chief executive Richard Goyder said. The Organisation for Economic Co-operation and Development proposes to change the basis on which profits are taxed, as part of its global anti-avoidance… – Continue reading

Tax agency to help cut tax risks at foreign firms

The National Tax Service (NTS) said Thursday that it will help foreign companies in Korea reduce potential tax uncertainty regarding their cross-border transactions with parent firms. From 2015, the NTS will allow foreign firms that earn less than 50 billion won ($46 million) a year in sales to focus on… – Continue reading

G20 committed to global response to deal with cross border tax evasion: India

New Delhi: As it attempts to unearth black money stashed abroad, India today said the Grouping of 20 major economies(G20) of which it is a member is committed to a global response to deal with cross border tax avoidance and evasion. Tax evasion will be a key issue at G20’s… – Continue reading

Tax avoidance takes “axe” to European solidarity, German minister says

Sigmar Gabriel calls on Juncker Commission to prioritise the issue German economics minister Sigmar Gabriel has warned that countries that permit large-scale corporate tax avoidance “take an axe to European solidarity”. In the wake of the Luxembourg Leaks, finance minister Wolfgang Schäuble told the Bundestag that the era of corporate… – Continue reading

Leak reveals Future Fund and multinationals’ secret offshore tax deals

Directors of the Australian government’s Future Fund as well as PricewaterhouseCoopers, Macquarie and AMP could be forced to face a Senate inquiry into tax avoidance following a global investigation into secret tax deals in Luxembourg. Thousands of leaked documents published by the International Consortium of Investigative Journalists on Thursday revealed… – Continue reading

Dutch tax regime similar to Luxembourg’s, auditors find

BRUSSELS – Dividend, interest and royalty payments that companies let pass through the Netherlands to avoid taxation have increased substantially in the past decade, the Netherlands Court of Audit has found. In a report published on Thursday (6 November), the court writes that tax laws and treaties that originally were… – Continue reading

Malta involved in EU tax avoidance investigations

The European Commission has requested information from seven member states in state aid cases involving taxation: Belgium, Cyprus, Ireland, Luxembourg, Malta, the Netherlands and Britain and has opened four in-depth investigations in Ireland, Luxembourg and Malta, European Commission Margaritis Schinas said today. He was commenting  after a media report said… – Continue reading

Min4ister wants to stop country from being used as a tax haven

Government intends to crack down on misuse of Danish companies The minister for business and growth, Henrik Sass Larsen, announced yesterday a new set of law proposals designed to stop Denmark being used as a tax haven. The move comes in the wake of a wave of media attention around… – Continue reading

Wallonia’s tax incentives attract overseas companies – but also regulatory attention

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/0/9afd1680-52e3-11e4-9221-00144feab7de.html#ixzz3IYBSVmwd For decades, regional authorities such as Wallonia have had to show great creativity in… – Continue reading

Singapore: Changing Expectations on Transfer Pricing Documentation

Ernst & Young Solutions LLP, Singapore* It has been eight years since the Inland Revenue Authority of Singapore (IRAS) first released its Circular on Transfer Pricing Guidelines. During that time, there have been significant changes in the international tax landscape. In Singapore, we have seen supplementary guidance from the IRAS… – Continue reading

Russia ratifies OECD Convention on administrative assistance in tax matters

The parties to the Convention will render each other administrative assistance in exchanging information, conducting simultaneous tax inspections, recovering tax claims and taking conservancy measures MOSCOW, November 5. /TASS/. Russian President Vladimir Putin has signed a law on ratifying the Convention on Mutual Administrative Assistance in Tax Matters, according to… – Continue reading

Pension board that set up offshore shell companies is separate from government, Tony Clement affirms

CBC probe finds civil servants’ pensions invested via Luxembourg shell companies to avoid foreign tax Cabinet Minister Tony Clement has moved to distance the federal government from a Crown corporation’s decision to set up a complex arrangement of offshore companies as part of a tax “avoidance scheme” on pension investments… – Continue reading

Promoters of aggressive UX tax avoidance schemes face £1m fines

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/0/4cff6b02-650f-11e4-ab2d-00144feabdc0.html#ixzz3IHz72Wk5 HM Revenue & Customs is ramping up the pressure on tax avoidance by warning… – Continue reading

Bahamas signs FATCA IGA

The Bahamian government yesterday took a “critical step” in complying with the Foreign Account Tax Compliance Act (FATCA) by signing an intergovernmental agreement (IGA) with the U.S. During a press conference held at the Ministry of Financial Services, Minister of Financial Services Ryan Pinder stated that industry consultation represents the… – Continue reading

The Liechtenstein Disclosure Facility – Recent Changes

UK Disclosure Facilities – Background HM Revenue & Customs (HMRC) has offered several opportunities over the past seven years to encourage errant tax payers to come forward in order to regularise their tax affairs on relatively benign terms. In 2007 HMRC offered the Offshore Disclosure Facility (ODF) which afforded taxpayers… – Continue reading

Most global companies are far too secretive about operations

WASHINGTON, Nov 5 (Thomson Reuters Foundation) – Most of the world’s biggest companies get a failing grade for transparency and are far too secretive about how they operate, despite mounting pressure for business to stand firm against bribery, corruption and tax avoidance, a survey has found. Transparency International, the leading… – Continue reading

Havens like Luxembourg turn ‘tax competition’ into a global race to the bottom

An overhaul of the Grand Duchy’s corporate tax law and administration is required Occupying a damp 1,000 square miles where the French, German and Belgian borders meet, the Grand Duchy of Luxembourg is a far cry from the palm-fringed tropical island tax haven of popular imagination. In fact the country… – Continue reading

British Virgin Islands: Impact Of FATCA On BVI Entities

This publication provides a brief overview of the expected impact on entities incorporated in the British Virgin Islands (the “BVI”) of (a) the foreign account tax compliance provisions (“FATCA”) of the Hiring Incentives to Restore Employment Act, 2010 of the United States of America (the “US”); and (b) equivalent rules… – Continue reading

Switzerland’s First Tax Info Exchange Pacts To Take Effect

Switzerland’s tax information exchange agreements (TIEAs) with Jersey, Guernsey, and the Isle of Man have entered into force and will be effective from January 1, 2015. The Swiss Federal Council announced on November 3 that the treaties entered into force on October 14, 2014. They are the first of Switzerland’s… – Continue reading

Singapore says will adopt OECD pact to tackle tax cheats by 2018

(Reuters) – Singapore will implement a global agreement on swapping tax information, aimed at ending offshore tax evasion, by 2018, provided certain conditions are met, Finance Minister Tharman Shanmugaratnam said. Singapore would adopt the standard drawn up by the Organisation for Economic Cooperation and Development (OECD) that will require countries… – Continue reading

Offshore pension savers face Revenue penalties

PENSION-SAVERS face big penalties after the Revenue Commissioners announced a clampdown on retirement funds that have been moved offshore to avoid tax. The Revenue Commissioners said moving pension funds abroad to avoid big tax bills may “fall foul” of the conditions under which they have approved schemes. They said approval… – Continue reading

OECD anti-bribery convention signatories must do more

Many leading economies are failing to stop their companies from spreading corruption around the world, NGO Transparency International has warned in its annual progress report on enforcement of the OECD anti-bribery convention. The UK is one of only four countries signed up that is actively investigating and prosecuting companies which… – Continue reading

Ireland’s Prime Minister: Apple has nothing to fear from end of ‘Double Irish’ tax avoidance strategy

The end of the notorious corporate tax loophole known as the ‘Double Irish’ will not deter U.S. technology giants such as Google and Apple from further investment in the country, Ireland’s Prime Minister, Enda Kenny, told CNBC,” Jenny Cosgrave and Seema Mody report for CNBC. “The Taoiseach said the end… – Continue reading

ICC warns enhanced tax dispute resolution mechanism needed to prevent exacerbating double taxation

ICC has expressed concern that the Organization for Economic Co-operation and Development (OECD) Action Plan on combating Base Erosion and Profit Shifting (“BEPS”), mandated by the G20, may inadvertently incur severe collateral damage on compliant taxpaying companies of all sizes as a result of well-meaning measures undertaken unilaterally by states… – Continue reading

International taxes update – November 2014

High Court refuses special leave application in capital gains tax dispute The High Court has refused the special leave application by the taxpayer in a case involving the liability to capital gains tax (CGT) of a ‘limited partnership’ formed in the Cayman Islands. The application for special leave followed the… – Continue reading

‘Double Irish’ abolition aims to bring tax residency rules up to date, Minister says

Noonan makes no reference to Irish Water charges or tax credits in Finance Bill speech Abolition of the “double Irish” corporate structure will not bring an end to “international tax planning”, Minister for Finance Michael Noonan has said. The change would, however, “address the reality that Ireland’s company tax residence… – Continue reading

Double taxation agreements and treaty shopping

The taxation of a person is based on two principles: Source and Residence. A person for tax purposes includes an individual, trust, company, partnership and any form of business arrangement one chooses to take on. It should be noted that with globalisation, there is a constant mix of these two… – Continue reading

Black money row: Issue of unauthorized disclosure of names in violation of tax treaties, says Arun Jaitley

Union Finance Minister Arun Jaitley on Sunday said that the issue over the disclosure of the names of those who have illegally stashed their black money abroad is not a debate over the admission of confidential information but is a matter pertaining to the unauthorized expose of the names in… – Continue reading

Offshore firms: in the zone

London is an increasingly important hub for offshore law firms, which are winning business from City-based financial institutions, and clients in Russia, western Europe and sub-Saharan Africa. Offshore law firms are constantly evolving, it seems. Traditionally, they operated in one offshore territory: whether the British Crown dependencies of Jersey, Guernsey… – Continue reading

Exceptional distribution in kind of shares of Hermès International

PARIS–(BUSINESS WIRE)–On September 2, 2014, under the aegis of the President of the Commercial Court of Paris, LVMH Moët Hennessy – Louis Vuitton (“LVMH”) and Hermès International (“Hermès”) entered into a settlement agreement (the “Settlement Agreement”) aimed at restoring a climate of positive relations between them. “Communiqué – Distribution exceptionnelle… – Continue reading

Malone gained double tax break in inversion

New York • Shifting the address of his Liberty Global Inc. from Colorado to London last year didn’t just put billionaire John C. Malone in a position to reduce his company’s tax bill. He also took precautions to avoid the capital-gains hit that the so-called inversion would trigger for him… – Continue reading

Developing nations lose $100bn in tax revenue each year – will G20 reforms help?

Global tax reform is on the agenda at the G20 in Brisbane to prevent aggressive tax avoidance, but developing countries are being excluded from decision-making Tax avoidance and evasion will be at the top of the agenda at the G20 Leaders’ Summit this month, when the leaders of many of… – Continue reading