Category: Double Taxation

TIEA with Italy will be submitted to parliament

The government has approved the report and application to the Diet a Tax Information Exchange Agreement (TIEA) and an additional protocol, as it was from the government building on Thursday. The agreement was signed in Rome on 26 February 2015. VADUZ. The TIEA is based on the applicable international standards… – Continue reading

Revenue guidance for Irish investors in exchange traded funds

Exchange Traded Funds (ETFs) have gained huge popularity in recent times with Irish investors; however, there has been much complexity and uncertainty in relation to their tax treatment. The concept of an ETF is not specifically provided for in Irish tax legislation. It depends on the legal form and characteristics… – Continue reading

India: No information on black money a/c provided by Switzerland: FM Arun Jaitley

Arun Jaitley said that the governments of Switzerland, the UK and Spain have not provided details of any black money accounts, reports the Financial Express. The governments of Switzerland, the United Kingdom and Spain have not provided details of any black money accounts, Finance Minister Arun Jaitley said today. “No… – Continue reading

Falciani: all banks help evade taxes

All the world’s major banks have connections between each other and work together in a secret network to help people evade taxes, whistleblower and former HSBC IT engineer Hervé Falciani said yesterday, warning that illegal offshore transactions can’t be carried out through one single bank but only with the help… – Continue reading

Government to revise tax treaty with South Korea

NEW DELHI: Ahead of Prime Minister Narendra Modi’s visit to South Korea this month, the Cabinet today approved revising the double tax avoidance pact with Seoul to provide tax stability and facilitate flow of investment and technology between the countries. The Cabinet headed by the Prime Minister gave its approval… – Continue reading

India: Clarification With Respect To Applicability Of Explanation 5 To Section 9(1) On The Dividend Declared By Foreign Company

The Central Board of Direct Taxes [CBDT] on 26th March 2015 issued a Circular no. 4/2015 wherein they have clarified that while interpreting the provisions of Section 9(1)(i) of the Income Tax Act, 1961 [herein after referred to as ‘Act’] read with Explanation 5 inserted to the said section by… – Continue reading

MoF and RAK Investment Authority signed MoU on international standards of transparency and exchange of information for tax purposes

Dubai – The Ministry of Finance (MoF) recently signed a MoU with Ras Al Khaimah Investment Authority (RAKIA). This MoUhas been signed to ensure the implementation of international standards of transparency in the exchange of information for tax purposes, as per Organisation for Economic Cooperation and Development (OECD) regulations and… – Continue reading

The Davis Tax Committee on BEPS and the transfer pricing of intangibles in South Africa

The Davis Tax Committee (“DTC”) recently addressed the issue of base erosion and profit shifting (“BEPS”) in South Africa. The international importance of transfer pricing was once again emphasized when 4 out of the 15 actions identified in the OECD Action Plan on BEPS related to transfer pricing. The 15… – Continue reading

Taxation in Spain

A guide to Spanish taxation in 2015 for expats, with up-to-date information on income tax, VAT, property tax and other taxes for residents and non-residents in Spain. If you are living and working in Spain, you will be liable to pay Spanish taxes on your income and assets and will… – Continue reading

Those Gruelling U.S. Tax Rates: A Global Perspective

The Tax Foundation released its inaugural “International Tax Competitiveness Index” (ITCI) on September 15th, 2014. The United States was ranked an abysmal 32nd out of the 34 OECD member countries for the year 2014. (See accompanying Table 1.) The European welfare states such as Norway, Sweden and Denmark, with their… – Continue reading

MAT tangle: 5 foreign portfolio investors including National Westminster Bank, BNP Paribas, take I-T department, government to court

MUMBAI: Five Foreign Portfolio Investors (FPIs) on Thursday mainly from the US and the UK have dragged the Indian government and the Income Tax department to the court for levying Minimum Alternate Tax (MAT) on their capital gains for the year 2011-12. The five FPIs — National Westminster Bank Plc,… – Continue reading

BEPS – Historic Reforms

The OECD/G20 Base Erosion and Profit Shifting (BEPS) Project is changing the international tax landscape by building a new international consensus on how to tackle BEPS. In September 2014, the first seven of the deliverables under the 15-point BEPS Action Plan were presented to G20 Finance Ministers when they met… – Continue reading

Moscovici Talks EU Tax Reform

The European Union (EU) needs an “ambitious blueprint for taxation,” Tax Commissioner Pierre Moscovici has said. Speaking at a recent conference, Moscovici said: “The European Union needs an ambitious roadmap to put an end to the distortionary nature of its tax policy and regulatory framework. In my view, the way… – Continue reading

Conrad Black loses bid to have Supreme Court of Canada hear case over millions in back taxes

The Supreme Court of Canada has dismissed Conrad Black’s bid to have his multi-million-dollar battle with the Canada Revenue Agency over back taxes heard by the country’s highest court. The Supreme Court of Canada has dismissed Conrad Black’s bid to have his multi-million-dollar battle with the Canada Revenue Agency over… – Continue reading

A tax headache is looming if Scotland gets more powers from Westminster

Most people have heard of the Organisation for Economic Co-operation and Development (OECD) and are probably aware it wants to make the world a “better” place. Its work is probably of little interest to most companies based in the UK. But this would change if constitutional arrangements between Scotland and… – Continue reading

South Africa’s Non-Resident Entertainment Royalty or Similar Payment Withholdings

There has been a lot of uncertainty with regard to withholding taxes imposed by the South African Revenue Service (SARS) on cross-border payments made by South Africans to offshore recipients, and the ambiguous administrative and compliance procedures relating thereto. Based on the information available directly from SARS, any amounts received… – Continue reading

Legislation aims to end double taxation

State Representative Natalie Manley (D-Joliet) is sponsoring legislation that would prohibit Illinois from double taxing income that is earned in another state when the taxpayer’s home office is based in Illinois. “Right now Illinois residents are taxed on most income received in other states, rather than just income earned in… – Continue reading

Rupee Rises for a Second Day as Global Funds Buy Indian Bonds

India’s rupee rose for a second day as the dollar weakened and global funds resumed purchases of local bonds after the government sought to clear uncertainties over a retrospective tax on capital gains. Overseas funds bought a net $130 million of local-currency notes on April 24, the latest figures show,… – Continue reading

Kiwi shareholders face ‘unfair’ BHP breakup tax

The Shareholders Association is making “strenuous representations” to the Inland Revenue Department over what it says is an unfair tax facing possibly thousands of New Zealand investors as a result of a proposed demerger of Anglo-Australian mining giant BHP Billiton. In an effort to simplify its business, Melbourne-based BHP is… – Continue reading

The FBAR tax plight: The maddening implications of when Uncle Sam deems you have signing authority

One million American citizens in Canada face double tax troubles. Max Reed explores these challenges in a spring series. The United States has two tools with which to collect information on accounts held by its citizens, FATCA and FBAR. Lots of attention has been paid to FATCA, less so to… – Continue reading

Hong Kong Consults On Tax Info Exchange

Hong Kong’s Government has launched a consultation on proposals to apply, with certain adaptations, new international standards on the automatic exchange of account information (AEOI) in tax matters. The Government’s AEOI proposals would alter the definition of financial institutions (FIs), the information FIs would be required to secure from account… – Continue reading

Tax treaty shield will not apply to a majority of foreign investors

FPIs are battling it out with the income-tax department, which has issued notices demanding that they pay MAT to the tune of Rs40,000 crore New Delhi/Mumbai: Despite the government affirming that foreign portfolio investors (FPIs) can use tax treaties to fight tax demands on past capital gains, a majority of… – Continue reading

US, UK funds approach India on MAT citing OECD

However, OECD being persuasive may not help funds based out of nations whose treaties do not give specific exemption The Indian government’s clarification that it would honour tax treaties while making a demand of Minimum Alternate Tax (MAT) at the effective rate of 20 per cent came as a relief… – Continue reading

Consultation on Automatic Exchange of Financial Account Information in Tax Matters in HK launched

Hong Kong (HKSAR) – The Government today (April 24) launched a consultation exercise to gauge views on proposals to apply, with adaptations for Hong Kong, the prevailing international standards on the automatic exchange of financial account information in tax matters (AEOI). On the basis of the Organisation for Economic Cooperation… – Continue reading

Chinese Investors Seek Double Taxation Deal In East Africa

Chinese investors in Kenya have asked the East African Community to implement a double taxation agreement (DTA), saying the current regime has hurt their expansion plans. The investors with interests in construction, trade, service industry, manufacturing and real estate sectors said they currently face a heavy burden paying the same… – Continue reading

Georgia-Belarus avoid double taxation, establish customs cooperation

Georgia and Belarus are stepping up their bilateral cooperation in taxation, customs affairs, and a number of other avenues. Representatives of both countries today signed a cooperation agreement on avoidance of double taxation, prevention of evasion of income and capital taxes, which would act as a basis for further talks…. – Continue reading

Switzerland To Amend Tax Treatment Of PEs

Switzerland is to amend federal tax legislation to prevent the double taxation of certain permanent establishments (PEs) located in the country. The planned reform is the result of a consultation on the application of the flat-rate tax credit. It will affect PEs in Switzerland that have their registered office in… – Continue reading

A taxing problem of Olympic proportions: no copyright in a digital data signal

The Federal Court has found that copyright does not exist in a digital data signal (Seven Network Limited v Commissioner of Taxation [2014] FCA 1411). Clayton Utz acted for Seven in the proceedings. The rights to broadcast the Olympic Games Seven Network Limited held the exclusive rights to broadcast certain… – Continue reading

Finance Ministry gives up on tax row

Mumbai: The equity markets snapped their five-day losing streak following a late hour surge in buying of blue-chip stocks on reports that the minimum alternate tax (MAT) would not be levied on overseas investors coming through those jurisdictions with which India has a double taxation avoidance agreement (DTAA). After trading… – Continue reading

Relief for FIIs, India allays fears on tax claims topping US$6.4 bn

The government on Wednesday assured over 1,000 foreign institutional investors (FIIs) across the United States, Hong Kong and Singapore they can avail of treaty benefits to ward off tax demands on capital gains booked over the years till March 31, reports the Financial Express. The development is significant given the… – Continue reading

Bitcoin is now VAT-Exempt in Spain

Bitcoin transactions are exempt from value-added-tax (VAT) in Spain, says Spanish tax lawyer Alejandro Gómez, The General Directorate of Taxes, a subsidiary of the Spanish taxing authorities, made the statement in a response to a request from Gómez. According to Gómez, the consultation found that Bitcoin payments were a form… – Continue reading