Category: Tax Information Exchange Agreements

New FATCA / CRS guidance: clarifications to self-certification requirements

The Australian Taxation Office (ATO) has further updated its guidance material on the Australia-US FATCA Intergovernmental Agreement (IGA). This is especially important in relation to self-certification requirements. The ATO has followed the US interpretation that a FATCA self-certification must be obtained before a new individual account is opened. The OECD… – Continue reading

OECD releases three automatic information exchange reports

THE OECD has published three reports outlining the framework for the automatic exchange of financial information between governments as part of its efforts to curb tax avoidance and evasion. In October last year, the organisation announced the agreement to automatically share tax information on individuals by the year 2018, to… – Continue reading

Cayman Islands: Tax Information Exchange – Cayman Islands Court Of Appeal Ruling

Cayman Islands Tax Information Authority v 1. MH Investments, 2. JA Investments – CICA No. 31 of 2013; G391/2012 The Court of Appeal in rejecting the appeal of the Tax Information Authority against the decision of Mr Justice Quinn in MH Investments Ltd and JA Investments Ltd1 has confirmed in… – Continue reading

OECD report commends BVI’s transparency standards

The Government of the British Virgin Islands is pleased to announce that The British Virgin Islands (BVI) has been rated “Largely Compliant” for its approach to tax transparency and exchange of information, in the Supplementary Peer Review report published by The Global Forum on Transparency and Exchange of Information for… – Continue reading

Study commends VI’s tax transparency efforts

The Virgin Islands was rated “largely compliant” by the Global Forum on Transparency and Exchange of Information for Tax Purposes, according to BVI Finance, a government-sponsored body that promotes the territory’s financial services industry. The rating appeared in The Global Forum’s Supplementary Peer Review report, which reportedly analysed the practical… – Continue reading

INTERNATIONAL TAX PLAZA : OECD publishes Model Protocol to amend existing TIEAs for the purpose of allowing the Automatic and Spontaneous Exchange of Information under a TIEA

In April 2002 the OECD Global Forum Working Group on Effective Exchange of Information published a Model Agreement on Exchange of Information on Tax Matters (Hereafter: the Model TIEA). This Model TIEA contains an Article 5 which contains regulations arranging for the Exchange of Information Upon Request. As the current… – Continue reading

Australian tax data exchange unlawful, court rules

A judge’s ruling that the Cayman Islands Tax Information Authority acted unlawfully when it handed over a trove of documents on two Cayman-registered companies to Australian tax authorities has been upheld by the Court of Appeal. The court ruled that the decision to provide documents, requested as part of an… – Continue reading

Double taxation pact reflects growing importance of Oman: Swiss envoy

Muscat – H E Christian Winter, Switzerland’s Ambassador to Oman has said that the recently signed Double Taxation Agreement (DTA) between his country and the sultanate reflects the broader ties Switzerland seeks with GCC. “The conclusion of the agreement takes into account the growing economic and political importance of the… – Continue reading

Cayman Islands: Fiscal Transparency In The Cayman Islands

Introduction The Cayman Islands have an extremely open, accountable and transparent government and regulatory system. Despite the dated stereotype, the Cayman Islands have promoted transparency regulations and initiatives for many years.  In May 2000, the Cayman Islands made commitments to the Organisation for Economic Co-operation and Development (the “OECD“) to… – Continue reading

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Governments that offer multi-national firms sweetheart tax deals should not be allowed to benefit if the European Union orders them to claw back the aid, according to a new report by the European Parliament’s special committee on tax rulings. Instead, the proceeds should be “returned to the member states which… – Continue reading

United States: Tax Policy Update – July 29, 2015

First it was three years, now it’s three months. The Senate’s attempt to pass a multiyear highway bill ran off the road this week after House Republicans announced they will adjourn one day early for the month-long August recess. The House’s early departure forced the Senate to acquiesce to a… – Continue reading

Government taking effective steps to tackle black money: Jayant Sinha

NEW DELHI: The government today said it’s taking effective steps to deal with black money and will focus on high-impact cases with a view to prosecuting offenders expeditiously for credible deterrence against tax evasion. “While focusing on non-intrusive measures, due emphasis has been given on enforcement measures in high-impact cases… – Continue reading

Cayman Islands: Improving the Cayman Product: FATCA and the Adoption of Third Party Rights

Over the past year, a number of legislative measures have been adopted to ensure that the Cayman Islands remains the leading jurisdiction of choice for structured finance and capital markets transactions and for secured lending transactions generally. This article focuses on two recent key legislative developments. The first is the… – Continue reading

Cayman Islands: Improving the Cayman Product: FATCA and the Adoption of Third Party Rights

Over the past year, a number of legislative measures have been adopted to ensure that the Cayman Islands remains the leading jurisdiction of choice for structured finance and capital markets transactions and for secured lending transactions generally. This article focuses on two recent key legislative developments. The first is the… – Continue reading

Azerbaijan completed preparation of draft agreement with U.S. on FATCA

Baku, Fineko/abc.az. The Azerbaijan’s Ministry of Taxes pays much attention to agreements on information exchange. According to Orkhan Musayev, International Relations Department Manager at the Ministry, such agreements, the same as agreements on elimination of double taxation, are very important. “So far, the Ministry of Taxes has signed agreements on… – Continue reading

Liechtenstein Disclosure Facility To Close In December

The UK and Liechtenstein have published a Joint Declaration that provides for the early closure of the Liechtenstein Disclosure Facility. The UK’s March 2015 Budget brought forward the final date for registration to participate in the LDF from April 2016 to December 31, 2015. The Joint Declaration, signed this month,… – Continue reading

Linkage Between Tax Transparency and Information Critical for Sustainable Development

The link between global tax transparency and domestic resource mobilization was a key issue discussed at the sidelines of the Financing for Development conference. The side event, jointly organised by the Organisation for Economic Cooperation and Development (OECD) and UN-DESA,was attended by President of the African Development Bank, Donald Kaberuka,… – Continue reading

Tax amnesty: an opportunity to be seized or a further challenge for business to tackle?

On 8 June 2015, the Law “On optional declaration of assets and bank accounts (deposits) by individuals” (the “Capital or Tax Amnesty Law”) came into force. It was announced as part of the deoffshorisation campaign and opens a window of opportunity for the business community to declare “grey” assets without… – Continue reading

Brunei, Luxembourg sign pact on taxation

AN AGREEMENT to avoid double taxation and prevent tax evasion has been signed between Brunei and Luxembourg last Tuesday in Brussels, the Ministry of Finance (MoF) said yesterday. The MoF said this is in line with Brunei’s commitment to implement an internationally agreed tax information exchange standards. The ministry said… – Continue reading

Cross-border action raises tax risks

The rising exchange of information between countries is also leading to the disclosure of more details about these taxpayers’ affairs. Along with other countries, SA is paying closer attention to its residents’ cross-border activities. But while compliance is necessary, industry experts warn that overly aggressive tax enforcement in SA could… – Continue reading

Bulgaria cabinet approved agreement with Romania on double taxation avoidance

Sofia. Bulgarian government approved the agreement between Bulgaria and Romania on the double taxation avoidance and prevention of tax concealing, inked in April 2015, the press office of the Bulgarian Council of Ministers announced. The document is filed for ratification by the parliament. The current agreement between the countries was… – Continue reading

Your Taxes: The draft transparency law

A draft amendment to the Income Tax Ordinance and the Prohibition on Money Laundering Law regarding Israel joining international tax information-sharing agreements. The Israel Tax Authority (ITA) has just circulated a draft amendment to the Income Tax Ordinance and the Prohibition on Money Laundering Law regarding Israel joining international tax… – Continue reading

Uzbekistan, Belgium to exchange tax info

Uzbekistan’s President Islam Karimov has signed a protocol to make amendments to Uzbek-Belgian convention on avoidance of double taxation and prevention of tax evasion on income and capital. Uzbek president’s decree “On approving the international agreement” published in the local media July 13, approves the amendments to the convention of… – Continue reading

Want to open an overseas bank account? It’s a bit harder than you might expect

The continuing speculation over Greece’s possible exit from the Eurozone and the weakening effect this might have on the shared currency in the short-term, may once again be prompting some folks to consider setting up non-resident bank accounts in non-eurozone countries. Offshore banking has a bit of a dodgy image… – Continue reading

Tax evaders cannot escape easily

The government’s grip over information is tightening not only in respect of transactions undertaken within the country but also overseas In a liberal economic and low tax rate environment, people are expected to go straight. Tax fraud and tax evasion deprive governments of revenues needed to restore growth and at… – Continue reading

Tax information agreements burdensome to financial industry

The implementation of tax information reporting agreements is costing the financial services sector a pretty penny. Financial Services Councillor Roy McTaggart told Cayman 27 the industry has spent time and money making sure their systems are compatible with government’s recently established reporting portal, which ultimately transmits the information to the… – Continue reading

Italy Ratifies FATCA Agreement with US

Italy has ratified the inter-governmental agreement top facilitate compliance with the United States Foreign Account Tax Compliance Act. FATCA, enacted by the US Congress in 2010, is intended to ensure that the US obtains information on accounts held abroad at foreign financial institutions (FFIs) by US persons. Failure by an… – Continue reading

United Kingdom: Overview of Tax Regime

The UK Government’s goal is to make the UK the best place in the world to locate an international business; it has one of the most open economies globally, a highly skilled workforce, access to capital markets, a first-class infrastructure, and a highly competitive corporate tax system. UK tax policy… – Continue reading

OECD backs Guernsey in fight against tax haven status

The OECD has backed Guernsey in its fight against tax haven status, describing the crown dependency’s inclusion on the European Commission’s list of top 30 non-compliant tax jurisdictions as “very surprising”. Monica Bhatia, head of the secretariat of the Organisation for Economic Cooperation and Development’s Global Forum on Transparency and… – Continue reading

ABA will not negotiate bank secrecy law FATCA

Lopez Valdes clarifies that only information given by state bodies The implications of the Law Enforcement Tax Accounts Abroad (FATCA for its acronym in English) adopted by the United States in March 2010, has generated unrest globally, because that nation imposes conditionalities that violate laws local. That legislation provides, among… – Continue reading

Brazil: Congress Approves Agreement Between Brazil And The United States For The Automatic Exchange Of Financial Information

Congress just approved the intergovernmental agreement between Brazil and the United States for the automatic exchange of financial account information (Legislative Decree 146/2015, published on June 26). According to the terms of the agreement, Brazilian financial institutions (or Brazilian branches of foreign financial institutions) must identify financial accounts of United… – Continue reading

Cyprus: OECD Releases New Measures For Implementation Of A BEPS Country By Country Reporting Plan

On June 8th 2015, the OECD released a new package of measures for the implementation of a new Country-by-Country (CbC) reporting plan developed under the OECD/G20 Action Plan on Base Erosion and Profit Shifting (BEPS) Project, aimed at improving transparency in international tax matters. The CbC reporting plan was founded… – Continue reading

UK: Liechtenstein Disclosure Facility

HMRC IS OFFERING A GENUINE (ALBEIT PARTIAL) TAX AMNESTY. THIS IS OPEN TO MOST PEOPLE WITH AN OFFSHORE CONNECTION, NOT ONLY THOSE WITH FUNDS IN LIECHTENSTEIN THE AGREEMENT In 2009 H M Revenue and Customs (HMRC) announced a landmark agreement with the Liechtenstein government which launched a unique disclosure process… – Continue reading

Latvia follows Poland, de-blacklists Bermuda

Latvia has become the second European state to remove Bermuda from its blacklist of uncooperative tax jurisdictions In June, the European Commission (EC) published a list of 30 uncooperative tax jurisdictions, with a so-called master blacklist comprising of countries that were targeted by 10 or more EU member states. Bermuda… – Continue reading

Latvia follows Poland, de-blacklists Bermuda

Latvia has become the second European state to remove Bermuda from its blacklist of uncooperative tax jurisdictions In June, the European Commission (EC) published a list of 30 uncooperative tax jurisdictions, with a so-called master blacklist comprising of countries that were targeted by 10 or more EU member states. Bermuda… – Continue reading

Editorial: Tax fairness needs to be a priority for Ottawa

Government data suggests there may be tax shenanigans going on in the city of Richmond, a situation that clearly is intolerable. Questions have been raised by a recent Vancouver Sun report by Douglas Todd about residents in the upscale neighbourhood of Thompson, located in northwest Richmond. Former Richmond mayor Greg… – Continue reading

Isle of Man: Isle of Man’s TIEA With Italy Now In Force

The Isle of Man’s Agreement for the Exchange of Information Relating to Tax Matters with the Government of the Italian Republic entered into force on 10 June 2015. The agreement was signed on 16 September 2013 in London between Eddie Teare, the Isle of Man’s Treasury Minister, and His Excellency… – Continue reading

Using Tax Havens Secretly Is Bad for Shareholders

Tax havens are used for more than just saving money. When companies take advantage of their lack of transparency for more sinister activities, shareholders can lose out. When Enron collapsed in 2002 investigators were faced with a convoluted network of subsidiaries and offshore partnerships stretching from the Cayman Islands to… – Continue reading

Hong Kong chides EU for new tax blacklist

Hong Kong’s Government has expressed its regret that the European Union included the territory in its list of non-cooperative tax jurisdictions, saying that criticism of its transparency in tax matters is “totally unfounded.”, reports Tax News. The EU tax blacklist was included in the European Commission’s new Corporate Tax Reform… – Continue reading

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Despite the inevitable move towards automatic exchange of tax information and Common Reporting Standards internationally, there continues to be a steady flow of litigation in the Courts of International Financial Centres such as Bermuda, the Cayman Islands, and Singapore relating to challenges to inter-governmental Tax Information Exchange Agreement (TIEA) requests…. – Continue reading

Poland removes Bermuda from ‘blacklist’

A controversial Euro list of dodgy tax jurisdictions that included Bermuda has been dealt a blow after Poland said the Island should not have been included on its submission. The move came after the European Commission unveiled the 30-jurisdiction ‘blacklist’ of non-cooperative tax jurisdictions singled out by member states. Poland… – Continue reading

Bahamas ‘unfairly dumped on’ with EU blacklisting

The Bahamas was yesterday “dumped on” through its inclusion on another so-called financial services ‘blacklist’, although an ex-Attorney General and others suggested the development should be taken “with a big grain of salt”, reports the Bahamas Tribune. John Delaney told Tribune Business that the European Union’s (EU) decision to ‘blacklist’… – Continue reading

St. Kitts-Nevis Among 30 Countries On EU’s Tax Evasion Blacklist

St. Kitts and Nevis is one of 30 countries placed on the European Union’s black list for not doing enough to fight tax evasion. The EU’s executive Commission published the list Wednesday (June 17). The blacklisted countries figure on at least ten of the EU’s 28 member nations’ lists of… – Continue reading

Gauke rejects EC tax avoidance plan

David Gauke, financial secretary to the Treasury, told representatives from the European Parliament that Britain would reject plans to combat tax avoidance by multinationals According to the Guardian, German MEP Michael Theurer said, “He was very clear that the UK is insisting on tax competition”. The European Commission’s plan to… – Continue reading