Category: Tax treaties

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

Cayman Islands court leaves tax agreement in tatters

Investigators for the Australian Tax Office and their lawyers were told by a judge last year that if they travelled to the Cayman Islands they could be locked up. A year earlier the Tax Office had suffered a setback. It lost a case in the Grand Court of the Cayman… – 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

Luxembourg leaks: G20 alone can’t stamp out tax avoidance

The hollowing out of tax collected for public purposes by rich and poor nations is not confined to technology and mining companies, according to a major leak of secret tax agreements covering more than 340 companies around the world. The documents, published by the International Consortium of Investigative Journalists, include… – 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

Barbados wants talks with Colombia on tax treaty

BRIDGETOWN, Barbados (CMC) – Barbados says it seeking to hold talks with Colombia on a Tax Information Exchange Agreement (TIEA). Industry, International Business, Commerce and Small Business Development Minister Donville Inniss, said that although Bridgetown had recently initialled a TIEA with Bogota, neither side considered the TIEA an alternative to… – Continue reading

AIG was avoiding taxes when it was owned by the US government

After the US bailed out the insurance conglomerate AIG in 2008, the company’s employees kept to business as usual—which included setting up complex tax structures to avoid taxes in Europe and Japan. In 2008, the company was on the brink of a bankruptcy that would have created huge losses throughout… – 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

Luxembourg tax leaks put pressure on G20 leaders to act on loopholes

G20 leaders are under pressure to go further in their efforts to crack down on tax avoidance after the revelation that thousands of companies, including several major Australian firms and multinationals operating in Australia, have legally avoided tax with complicated deals negotiated through Luxembourg. The chairman of a Senate inquiry… – Continue reading

Black Money – Will Agreement with USA help?

The Writ Petition filed by the NDA Government in mid-October consists of two parts. The first part deals with the issue of Double Taxation Avoidance Agreement [DTAA], the information obtained from Liechtenstein through Germany and confidentiality obligations of Indian Government under the said DTAA. I had dealt extensively on this… – 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

Tax haven crackdown still to deliver missing billions

Tax avoidance, or the use of legal arrangements to reduce tax, is rife. According to the Australian Tax Office (ATO), Australian companies in 2012 sent almost A$60 billion to related parties in tax havens. Singapore and Ireland topped the list of countries where businesses send their money. A recent report… – 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

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

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

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 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

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

Malaysia, Brunei to enhance cooperation

KUALA LUMPUR, Nov. 3 (Xinhua) — Leaders of Malaysia and Brunei Darussalam expressed satisfaction Monday with the progress in bilateral cooperations. In a joint statement issued in conjunction with the 18th Annual Leaders’ Consultation held here, Malaysian Prime Minister Najib and the Sultan of Brunei Darussalam Sultan Hassanal Bolkiah welcomed… – Continue reading

Chasing black money: How parties are resisting transparency in funding

Given a choice of priority, should Indian authorities be chasing black money in circulation within the country or the illicit billions held in foreign banks? It is a nobrainer. Money whisked away abroad is tiny compared with the unaccounted money within India. Yet, the political system has long been barking… – 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

Tax treaties can’t be amended to drop confidentiality clause: official

If the Supreme Court insists on disclosures of all names, India won’t be able to sign any further treaties for exchange of information Vrishti Beniwal  |  New Delhi  November 1, 2014 Last Updated at 00:29 IST India cannot amend its Double Taxation Avoidance Agreements (DTAAs) to drop the confidentiality clause… – Continue reading

The growing threat of wealth taxation

At the September 2014 convention of American labor unions, Senator Bernie Sanders of Vermont specifically urged taxation of wealth, asserting that, “We need a tax system which asks the billionaire class to pay its fair share of taxes and which reduces the obscene degree of wealth inequality in America.” The… – 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

Government says its hands tied, defers tax treaty signing –

On a day when it furnished before the Supreme Court the full list of 627 Indians having accounts in foreign banks, the NDA government put off the signing of a crucial multilateral agreement aimed at facilitating access to financial information on taxpayers abroad. This has been prompted by the uncertainties… – 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

Bruton To Promote Irish Corporate Tax Changes In US

Ireland’s Enterprise Minister Richard Bruton is undertaking his first investment mission since the Government announced major changes to the corporate tax regime as part of Budget 2015. Bruton is visiting the East Coast of the US as part of a program of engagement by the Government with multinational companies on… – Continue reading

Indian businesses in US risk higher penal taxes on fund transfer

NEW DELHI: Indian entities having businesses in the US risk higher penal taxes in the US on any fund transfer to the country if New Delhi fails to endorse a pact for information exchange by December 31 on grounds of confidentiality. New Delhi will find it difficult to sign the… – 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

Black money: SC order may impact other tax treaties

NEW DELHI: The Supreme Court’s directive on sharing the names of overseas account holders has raised worries about India’s commitment to the confidentiality clause in various tax treaties and may impact remittances from the US. Any move to make the names public without prosecution may hamper signing of the Foreign… – Continue reading

Angry Supreme Court demands black money list TODAY: 800 names could surface as Modi government is accused of protecting the guilty

Furious at what it sees as the Modi government’s flip-flops on the black money issue and selective revelation of names of Indians holding foreign bank accounts, the Supreme Court on Tuesday ordered it to disclose by Wednesday the names of around 800 holders of accounts abroad. A bench led by… – Continue reading

Black money: SIT seeks probe unit, changes in DTAA

In its first report submitted to the Supreme Court, the Special Investigation Team (SIT) on black money has sought an investigation unit, with the Enforcement Directorate as the nodal co-ordinating agency. The court-appointed SIT, headed by retired Supreme Court judges M B Shah and Arijit Pasayat, has made several recommendations… – Continue reading

Countries and Companies Join OECD BEPS Train

The OECD’s Action Plan on BEPS was published in July 2013 to reform the international tax system. The Action Plan identified 15 Actions to address BEPS. Seven of the 15 Action Plan items are now moving out of the station. I. Introduction On September 16, 2014 the OECD, together with… – Continue reading