Category: Statutory

The Implications for International Tax Planning From the Looming Fiscal Crisis

The international financial sector faces a perilous future. Major challenges loom over an uncertain global economy, while a decidedly negative political climate poses an existential threat to the offshore financial community. With each passing year, thanks to demographic changes and poorly designed fiscal policies, politicians from high-tax nations will be… – Continue reading

Indonesia and the Netherlands sign Protocol to amend existing Tax Treaty

On July 30, 2015, the Netherlands and Indonesia signed a protocol (the “Protocol”) amending an agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Indonesia for the avoidance of double taxation and the prevention of fiscal evasion, originally signed on January 29,… – Continue reading

Transfer pricing remains thorny issue for international trade

Multinational companies are facing far more expansive and complex audits by tax authorities fighting over the same pot of profits as budget deficits continue to increase, reports BD Live. An inevitable outcome of efforts globally to prevent tax bases from erosion is double taxation and increased disputes over adjusted assessments… – Continue reading

Guernsey: What Guernsey Can Offer Chinese HNWIs’

In September 2014, the Hurun Research Institute published its annual listing of the richest people in China. It showed that IT tycoon Ma Yun had increased his personal fortune during the last year by 500% to $25 billion and in doing so, had climbed to first position on the list…. – Continue reading

Property Tax Bill Progresses

New tax laws around the purchase of residential properties by offshore people has made progress in Parliament. The second reading of the Taxation (Land Information and Offshore Persons Information) Bill was completed by 109 to 12 with National, Labour, Greens, Maori Party, ACT and United Future in favour. Revenue Minister… – Continue reading

Phuket Expat Finance: QROPS – Back to Basics

PHUKET: In 2005 the EU Commission proposed a directive that laid the foundations for a radical change in the portability of an individual’s pension. British, Dutch and Irish nationals were given the flexibility to move certain private pensions to the jurisdiction of their choice, rather than leave it in their… – Continue reading

Iran, Iraq sign three major economic agreements

Tehran, Sept 6, IRNA – Economy Minister Ali Tayyebnia and visiting Iraqi Finance Minister Hoshyar Zebari, in a meeting on Sunday, signed three strategic economic agreements. The three agreements were about customs cooperation, avoiding double taxation and encouraging joint investments. Tayyebnia said that Iran-Iraq trade, including other cooperation such as… – Continue reading

Colleen P. Waddell, Managing Director, Outlier Solutions to Speak at the Knowledge Group’s FATCA Event

New York, NY, September 05, 2015 –(PR.com)– The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced today that Colleen P. Waddell, Managing Director, Outlier Solutions will speak at the Knowledge Group’s webcast entitled: “Latest Regulatory Developments Under FATCA: Best Compliance Practices Uncovered… – Continue reading

Black money law: Beneficiaries in overseas discretionary trusts may face enquiry

MUMBAI: Indian tax authorities will ignore conventions to pierce trust structures used by most people to stash black money abroad. Persons who are named as beneficiaries in overseas discretionary trusts are likely to face enquiry even if they do not receive any money from such trusts. The taxman will look… – Continue reading

Ingenious unveils bespoke service for US clients

Ingenious Asset Management has formalised its offering for its transatlantic clients with the launch of IAM-US. Led by investment director Edward Allen, supported by fellow investment directors Wayne Ellis and Peter Clark, who is also chief strategist at the wealth manager, the move recognises the specialist requirements of US-linked clients… – Continue reading

Last minute funding to help SMEs pay tax bills

Commercial finance provider LDF has launched a funding line to help taxpayers facing payment deadlines arising from accelerated payment notices issued by HMRC. Accelerated payment notices, otherwise known as APNs, were first introduced in 2014. Designed to change the economics of avoidance, the notice enables HMRC to request full upfront… – Continue reading

German businesses criticise changes to investment fund taxation

German business groups have hit out at Berlin’s plan to reform how it taxes investment funds, warning on Thursday that the proposed changes would hurt pension provisions and reduce the attractiveness of Europe’s largest economy as a place to invest. The finance ministry announced plans in July to reform the… – Continue reading

UNCTAD Investment and Enterprise Division: An Investment Perspective on International Taxation

Tax avoidance practices by multinational enterprises (MNEs) often depend on corporate structures that are built by routing investments through offshore investment hubs or conduits that help shift profits from higher to lower tax jurisdictions. In essence, corporate structures built through FDI (foreign direct investment) can be considered “the engine” and… – Continue reading

Latest Central Bank move on banking oversight will help reduce risk

Lack of information about ‘opaque’ special purpose vehicles make it difficult to assess financial stability implications The legendary Warren Buffett once described some shadow banking activities as “financial weapons of mass destruction”. By that he meant they pose a huge threat to the global financial system, as these investment structures… – Continue reading

Belgium: New “Cayman Tax” published

In 2013, the previous Belgian government introduced a new reporting obligation for individual founders and beneficiaries of so-called “legal arrangements” (i.e., trusts, foundations and certain tax haven companies). At the same time, the previous government also internally discussed a draft bill seeking to further discourage the use of such legal… – Continue reading

Outflow From Developing Nations a Matter of Concern: Sinha

New Delhi: Expressing concerns over the outflow of funds from developing countries, including India, through money laundering and other ways, Minister of State for Finance Jayant Sinha today said as much as $300-600 billion moves out through such channels. “Illicit financial flows means the money that actually is black money,… – Continue reading

Etsy facing renewed pressure over Irish tax strategy

Call to strip company of transparency standards certification A leading tax policy advocacy group has called for online retailer Etsy to be stripped of a certification awarded to companies that adhere to strict standards for transparency and social accountability unless it dismantles its offshore tax cutting structure. Last month, Bloomberg… – Continue reading

Malta: A Tax Efficient Jurisdiction

Malta’s tax legislation provides for a number of benefits which can be derived by companies and their shareholders. The tax rules can lead to a tax burden in Malta which is significantly reduced or completely eliminated in certain cases, and the following are some of the key tax benefits which… – Continue reading

Promoting FDI through a tax treaty

In addition to its main function to eliminate double taxation, a tax treaty is also intended to promote foreign direct investment (FDI). Investors normally consider the treaty networks of a targeted investment country in deciding their investments. The more extensive the treaty networks, the more attractive for the investors. Extensive… – Continue reading

Real Estate Investment into London and Europe

The Channel Islands (Jersey and Guernsey) have long been known as leading offshore centres for the establishment of investment funds and other investment structures. In particular, Channel Island vehicles are often used for alternative investment structuring – including private equity, infrastructure and real estate. This article explains the trends in… – Continue reading

Hong Kong removes tax impediments for offshore private equity fund managers

In July 2015 the Hong Kong government gazetted changes to the Inland Revenue Ordinance (Cap 112) to extend the existing profits tax exemption for offshore funds to private equity funds. The recent amendments are a proactive move by the Hong Kong Government to encourage private equity fund managers to set… – Continue reading

Indian Court Allows Mauritius Treaty Benefits For Appellant

Rejecting “treaty shopping” claims, India’s High Court of Punjab and Haryana has ruled that India should not tax capital gains from the sale by Mauritian entities of shares held in an Indian company if they are proven resident in Mauritius. The ruling was given in Serco BPO Private Limited v…. – Continue reading

Global tax reporting: Regulatory challenges loom

Reevaluating reporting options and investmentsSmart choices and targeted investments today may help contain the approaching resource crunch and the long term costs of compliance FATCA has placed tax reporting front and center with management committees of financial institutions, but it represents just the tip of a potentially larger iceberg. Legislation… – Continue reading

LUXEMBOURG: CERTIFICATES OF TAX RESIDENCE, COLLECTIVE INVESTMENTS

The Luxembourg tax authorities issued a circular providing guidance and rules for issuing certificates of tax residence and access to application of income tax treaty provisions for the avoidance of double taxation for Luxembourg “undertakings for collective investment” or UCIs. The circular sets forth guidance for SICAVs / SICAFs and… – Continue reading

Leumi Asked to Consider Bonus Clawbacks After U.S. Tax Fine

The Bank of Israel asked Bank Leumi Le-Israel Ltd. to set up an independent committee to examine management performance and bonuses after the lender agreed in December to pay a fine to U.S. authorities in a tax probe. Leumi, Israel’s second-largest lender, agreed the $400 million fine after a seven-year… – Continue reading

Foreign companies with no permanent base may get Minimum Alternate Tax relief

Three-member AP Shah Committee has recommended extending minimum alternate tax (MAT) relief to foreign companies which do not have permanent establishment or public business in India. In an earlier version, the committee had sought to restrict MAT to foreign institutional investors and foreign portfolio investors. The committee had also not… – Continue reading

Uncertainty for offshore financial centres?

The Cayman Islands as one of the leading offshore financial centres have a great level of uncertainty in its future with all the recent developments around tax compliance. One looming uncertainty is the European Union’s (EU) Alternative Investment Fund Managers Directive (AIFMD) passport. The AIFMD is one of several measures… – Continue reading

US rule to give investment advisers anti-money laundering duty

US fund managers and other investment advisers would have to take steps to combat money laundering and report suspicious transactions to authorities under a long-awaited US Treasury rule proposed on Tuesday, reports Reuters. If made final the proposal by Treasury’s Financial Crimes Enforcement Network (FinCEN) would close a long-standing hole… – Continue reading

New tax rules could erode financial privacy

Security fears; Global authorities to begin sharing sensitive data If you have a bank account somewhere overseas, that information will make its way back to the Canada Revenue Agency (CRA) in a couple of years. In 2018, international tax authorities will begin automatically sharing financial information under the terms of… – Continue reading

Spain Welcomes Foreign Asset Declarations

Foreign asset declarations by Spanish taxpayers have totaled EUR126.3bn (USD145bn) since 2013, when such declarations became compulsory, Spain’s Ministry of Finance has said. The Ministry said that in the past three months 1,813 taxpayers declared EUR1.9bn in foreign assets under Modelo 720, which requires tax resident individuals to report assets… – Continue reading

Portugal expands its golden visa programme

New investment structures are making it easier for people from outside of the European Union seeking to live in Portugal through the country’s golden visa programme, reports the Expats Forum. The initial minimum investment of €500,000 has been reduced to €350,000 for investment in properties located in districts designated for… – Continue reading

Jersey: A Vital Role Supporting Cross-Border Investment Aspirations

Until recently, demonstrating empirically the value of International Finance Centres (IFCs) to global economies has proven relatively difficult. Despite IFCs being able to point to the high quality of their regulation and the endorsement they receive on a consistent basis from global authorities such as the OECD and IMF, this… – Continue reading

Mauritius-Ghana Signature of Three Memoranda of Understanding

PRESS RELEASE Three Memoranda of Understanding (MOU)/Agreements on bilateral cooperation between Mauritius and Ghana in various fields were exchanged yesterday at New Treasury Building, in Port Louis. The documents concluded pertain to the following: mutual visa exemption; standardisation and conformity assessment; and, tertiary education. The exchange of MOUs was held… – Continue reading

UK: In The Spotlight – Summer 2015

WINDS OF CHANGE – GEORGE OSBORNE’S FIRST BUDGET AS THE CHANCELLOR OF A CONSERVATIVE GOVERNMENT BROUGHT SEVERAL SIGNIFICANT ANNOUNCEMENTS. By Mark Wingate Taking a leaf from the Labour Party’s election manifesto, there will be a further tightening of the rules for non-doms. In an attempt to provide a more level… – Continue reading

Canada: Anti-Avoidance And Intercorporate Dividends: Changes To Section 55 Of The Income Tax Act

The Income Tax Act (ITA) contains many anti-avoidance rules forbidding taxpayers from misusing the provisions of the ITA to achieve tax benefits contrary to Canadian tax policy. The 2015 Federal Budget has proposed changes1 to one of these anti-avoidance rules, which may significantly impact the ability of business owners to… – Continue reading

India Seeking To Resolve International Tax Disputes

India will soon settle international tax disputes with close to 120 American companies as well as entities from Japan and other such countries, according to the nation’s Revenue Secretary Shaktikanta Das. Earlier this month, India announced a Framework Agreement under the mutual agreement procedure provision of the India-US tax treaty… – Continue reading

COMPETITION AND CONSUMER PROTECTION COMMISSION COLUMN: Tax havens, competition outcomes

This article is an outline of tax havens and the effects that such systems have on competition outcomes. In the quest to attract Foreign Direct Investment (FDI), governments especially those in developing countries engage potential investors in negotiations and provide various incentives to reach development agreements. Those incentives may include… – Continue reading