Category: Double Tax Treaty

New UK ‘diverted profits tax’ on multinationals will raise very little tax, says expert

A new UK tax on the ‘diverted profits’ of multinationals operating in the UK “is probably not needed, will be hard to apply and will raise little money” according to one expert. 10 Dec 2014 Corporate tax Tax International tax UK Europe Heather Self of Pinsent Masons, the law firm… – Continue reading

Malta: A Question Of Substance

Malta continues to receive glowing reviews internationally as a stable financial services centre of repute within the European Union. Over the past fifteen years, Malta has moved seamlessly from being an offshore to an onshore jurisdiction, through the implementation of several legal, tax and regulatory rules intended to stimulate domestic… – Continue reading

Ireland: Property Investment Structures In Ireland: Irish Investment Opportunities

In recent times there has been a welcome return to activity in the Irish real estate market. Overseas investors have been circling and private equity groups have started investing heavily in Irish real estate amid confidence that the Irish economy has stabilised and is returning to growth. In this briefing… – Continue reading

European Commission – Statement Commissioner Moscovici welcomes Council agreement on measures against tax avoidance and unfair tax competition

The European Commission welcomes two breakthrough agreements reached by the Council today towards combating corporate tax avoidance and aggressive tax planning. The Council has given its political backing to the anti-abuse clause of the Parent Subsidiary Directive and to the mandatory exchange of information between EU tax authorities. “I applaud… – Continue reading

Dechert OnPoint: Georgian Law Developments – Talking Taxes

Dechert Georgia, through the contribution of partners Archil Giorgadze and Nicola Mariani joined by senior associates, Ruslan Akhalaia and Irakli Sokolovski, is partnering with Georgia Today on a regular section of the paper which will provide updated information regarding significant legal changes and developments in Georgia. In particular, we will… – Continue reading

Autumn Statement 2014: UK plans to raise £1bn with ‘Google tax’

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. The UK announced plans to raise over £1bn over the next five years from a new “diverted profits”… – Continue reading

Tax and investment protection trends in Africa in 2014 and predictions for 2015

In the African tax sphere, the trend remains for headline tax rates to continue to remain stable or decrease. Withholding tax rates have generally remained stable, although the experience of Dentons and our clients is that African tax authorities are requiring tax to be withheld from payments that have not… – Continue reading

Russia Enacts Russian CFC Bill

On November 18, 2014, the Lower House of Russia’s Parliament, the State Duma, approved at second and third readings Bill No. 630365-6, which would introduce a new controlled foreign corporation (CFC) regime in the country. The new CFC regime contained in the Bill has an anti-offshore orientation and would give… – Continue reading

Clarity on taxation of ‘expat’ pensions

Good news for South Africans who worked abroad. JOHANNESBURG – A number of pensioners and tax specialists heaved a collective sigh of relief after the South African Revenue Service (Sars) ruled that any pension South Africans accumulated while working outside the country will generally not be subject to local tax…. – Continue reading

Kenya: CMA Seeks Lower Tax to Attract Investors

DOUBLE taxation for companies and individual investors at the securities market could be scrapped in 2016, if a plan by the Capital Markets Authority is adopted. In a move to attract and grow investments, the Capital Markets Authority has initiated talks on a transparent tax regime, to eliminate multiple taxes… – Continue reading

Irish Finance Bill 2014- FDI Focus

The Finance Bill 2014 (the “Bill”), which was published 23 October 2014, proposes a package of measures which focuses on Ireland’s tax rate, regime and reputation. The changes seek to reinforce Ireland’s position as a top destination for multinational companies and emphasise the importance of real and substantive foreign direct… – Continue reading

Benelux-China legal update

Recent months saw various important developments that are relevant to Sino-European trade and investment. These include (i) changes to the EU Parent-Subsidiary Directive, (ii) the entry into force of the double tax treaty between Luxembourg and Taiwan, and (iii) proposed changes to China’s Foreign Investment Catalogue and the Governmental Verifications… – Continue reading

Greek Ministry of Finance issues templates and guidelines for advance pricing agreement negotiations

ITR Correspondent In an effort to provide taxpayers with an integrated procedural framework for the negotiation of advance pricing agreements (APAs), the Greek Ministry of Finance recently released template application forms for both preliminary consultations and formal negotiations, as well as additional guidelines on the overall APA procedure. The forms… – Continue reading

Swiss Federal Council Adopts Dispatches On New DTAs

The Swiss Federal Council has adopted dispatches on five double taxation agreements, which will now be submitted to Parliament for approval. The treaties with Estonia, Ghana, Iceland, and Uzbekistan either replace or revise the current deals, while the agreement with Cyprus is Switzerland’s first with the territory. All of the… – Continue reading

Brisbane G20 2014: tax deal aims for even playing field

Y20 head on youth unemployment mission Countries may have to battle for revenue from digital companies once the global plan to stop tax avoidance succeeds, says the OECD’s head of tax Pascal Saint-Amans, but at least they now have something to fight for. In an exclusive interview with Fairfax Media… – Continue reading

India signs tax info exchange pact with Saint Kitts & NevisNITED NATIONS:

To help in its efforts to crack down on suspected black money stashed abroad, India has entered into an information exchange pact with Saint Kitts and Nevis, a two-island Carribean country, perceived as a safe haven for offshore funds. The agreement was signed by India’s Permanent Representative to the UN… – Continue reading

Absence of treaties with tax haven nations blocking black money fight

New Delhi: Absence of criminal legal treaties between India and tax haven nations have been cited by probe agencies working in the SIT on black money as one of the major impediments in initiating steps to bring back illegal funds stashed abroad by Indians. These agencies, including the Central Board… – Continue reading

Pension Tax Relief Sought For All Americans Abroad

With American taxpayers newly able to easily secure more favorable US tax treatment for Canadian retirement plans, American Citizens Abroad had requested that such treatment should be extended worldwide to all foreign pensions and retirement savings. Under the recent change, many Americans and Canadians with registered retirement savings plans and… – Continue reading

Benefits of Investing in India via a Singapore Holding Company in a New Guide by Rikvin

With the change in government in India, the world is looking up to its new Prime Minister Narendra Modi to revive the country’s economy, who recently launched his flagship ‘Make in India’ campaign to propel the country into top 50 of World Bank’s Ease of Doing Business rankings by 2016…. – Continue reading

Hiding places where Indian black money is concealed

Aparajita Basak, the manager, of research analytics, innovation and knowledge centre at Frost & Sullivan, talks about the use of tax havens across the world for Indian black money. What kind of role do tax havens play in black money in terms of Indian companies and individuals? Across the world,… – Continue reading

SIT reveals black money whitewash: Investigation team says 289 of 628 names in list of foreign accounts have no amounts mentioned, and 122 are repeat entries

The black money brouhaha is turning rapidly into a whitewash special. Part of the first report of August 2014 submitted by the Supreme Court-appointed Special Investigation Team (SIT) to probe the issue of black money stashed in foreign banks reveals very little fire behind all the smoke. It says that… – Continue reading

OECD: “permanent establishment” definition should be changed to prevent profit shifting by companies

Tax treaty rules on ‘permanent establishment’ should be changed in order to ensure companies are taxed in the jurisdiction where their economic activity takes place, the Organisation for Economic Cooperation and Development (OECD) has said.05 Nov 2014 Corporate tax Tax Tax Disputes and Investigations TMT Advanced Manufacturing & Technology Services… – 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

Development billions channelled through tax havens

Public institutions providing finance to businesses in developing countries are channelling billions of euros through secretive tax havens, a report published today (4 November) has found. Development Finance Institutions (DFIs) in Europe and the World Bank’s lending arm, the International Finance Corporation (IFC), are playing an increasingly dominant role in… – Continue reading

Large-scale account inheritance emerges in black money probe

NEW DELHI/BERNE: Accounts inherited from family members as also from previously-constituted trusts or companies have come to the fore in a big way, as India seeks further details from Switzerland about those suspected to have ‘unaccounted’ wealth parked in the Swiss banks. Hundreds of individuals and entities, including 627 names… – Continue reading

Black money: Preneet Kaur, ex-UPA minister, figures among 627 names submitted to SC

NEW DELHI: Former minister of state for external affairs in the UPA regime, Preneet Kaur, figures in the list of 627 names of Indians holding accounts in foreign banks, which was submitted by the Centre to the Supreme Court. Kaur, wife of former Punjab CM and Congress’s deputy leader in… – Continue reading

Foreign Minister Sushma Swaraj to visit Mauritius, Maldives over the weekend

NEW DELHI: Ahead of External Affairs Minister Sushma Swaraj’s three-day visit to Mauritius from tomorrow, India today said amendments to the bilateral tax treaty with the island nation would be made only after taking into account the “legitimate interests” of both sides. Swaraj will also be visiting Male and hold… – Continue reading

Government and Supreme Court at war over tax treaties: Centre ordered to finish the job as it hands over envelope with 627 names

The Supreme Court on Wednesday virtually thwarted fresh attempts by the Modi government to go slow on the black money probe, citing “sovereign powers to sign treaties”. The court sternly asked the Centre to “just go whole hog to unearth the money”, leaving other worries to the Special Investigation Team… – Continue reading

Only case-specific information can be disclosed: Switzerland

Amid a debate on disclosure of names of suspected black money holders, Switzerland on Thursday said information exchanged under the Swiss-India tax treaty cannot be disclosed “in principle” to a court or any other body outside the proceedings of a “specific and relevant” case. The comments come at a time… – Continue reading

Black money: Info can’t be disclosed outside specific proceedings, says Switzerland

New Delhi/Berne: Amid a debate on disclosure of names of suspected black money holders, Switzerland today said information exchanged under Swiss-India tax treaty cannot be disclosed “in principle” to a court or any other body outside the proceedings of a ‘specific and relevant’ case. The comments come at a time… – Continue reading

BJP needs to take a re-look at tax treaties if it’s serious about black money

On Wednesday, when the Supreme Court accepted and handed over the sealed envelope from the government carrying the Swiss bank account details of Indians to the special investigation team, what seems to have won is the concern over the double taxation avoidance treaty (DTAT) and many such agreements that the… – Continue reading

7 ways to stay away from black money, 3rd one is fool-proof

On Monday when the Centre revealed the names of Indians with bank accounts in Switzerland, a customary call to a chartered accountant made sense. Straight up, the question was how to make sure that a person be financially healthy and disciplined, without having back-of-the-mind worries of the tax man knocking… – Continue reading

Tax treaties behind case-by-case disclosure of foreign accounts

Behind the step-by-step approach in the government’s disclosure of names of foreign bank account holders is the confidentiality clause under the Double Taxation Avoidance Treaty (DTAT) that prevents making public the identity of the account holders. Finance Minister Arun Jaitley had earlier said the names of persons would be disclosed… – Continue reading

Assocham against government disclosing names of black money holders

NEW DELHI: Amid a growing clamour for naming of alleged black money holders, industry body Assocham today said the government should not prematurely disclose the names of such persons as it could hamper battle against this menace. “The double taxation avoidance treaties are important for the Indian residents and corporates… – Continue reading

FACT CHECKER: Loebsack attacks Miller-Meeks on outsourcing jobs

Introduction The economy has come to the forefront of the Second U.S. House District race between incumbent Democrat Dave Loebsack and Republican challenger Dr. Mariannette Miller-Meeks. Loebsack’s campaign accuses Miller-Meeks of being in favor of “special tax breaks to outsourcing corporations” and claims she partnered with a company that sent… – Continue reading

Luxembourg: Family Wealth Management In Luxembourg: We Are Not Done Yet, Despite The Changes To The Information Exchange

With the announced end of banking secrecy for non-residents, the time has come to make use of favourable repatriation schemes, such as the voluntary disclosure regime in Italy. Despite increasing pressure for fiscal transparency and exchange of information, beneficial owners still have a choice: move the capital out (of Luxembourg),… – Continue reading

Canada Shows How to Eliminate the Tax Bias against Saving

Since all economic theories – even Marxism and socialism – recognize that capital formation is a key to long-run growth, higher wages, and improved living standards, it obviously doesn’t make sense to penalize saving and investment. Yet that’s exactly what happens because of double taxation in the United States, as… – Continue reading