Category: Withholding tax rules

FATCA: The End of ‘Shadow Boxing’ in the Offshore Trust Industry

Not long after the U.S. Department of Justice’s Tax Division (“DOJ”) made international headlines in 2009 for its bombshell announcement that it had entered into a deferred prosecution agreement with the United Bank of Switzerland (UBS), lawmakers in Washington, D.C. began reviewing the testimony of hundreds of UBS’s U.S. clients… – Continue reading

EU official calls for more efforts from member states to combat tax evasion

BRUSSELS, Feb. 23 (Xinhua) — Member states need to pay more heed to coordinating their efforts in corporate taxation to combat tax evasion, said economic and financial affairs commissioner Pierre Moscovici on Monday. Moscovici said the European Commission (EC) had actively supported European member states in their efforts to secure… – Continue reading

Everything U.S. Expats Need to Know About IRS Tax Forms (But Were Afraid to Ask)

This is the time of the year for millions of Americans to begin the annual ritual of gathering information about income, taxes, charitable giving, health insurance, expenses and sundry other items, and prepare to send mountains of information to the IRS –and to those who prepare their tax returns. Overseas… – Continue reading

Ministers sign Italian-Swiss tax treaty

Switzerland and neighbouring Italy have revised a double taxation agreement which includes provisions for the exchange of information in line with the standards of the Organisation for Economic Development and Co-operation (OECD). The accord and a roadmap for the amendment of tax rules on cross-border workers as well as improved… – Continue reading

Sebi unearths tax evasion case; cracks whip on 33 entities for making Rs 1,800 crore undue gains

MUMBAI: The Securities and Exchange Board of India has banned 33 entities for allegedly misusing the stock exchange system to generate fictitious long-term capital gains of over Rs 1,800 crore and for converting their unaccounted income into legal money. Sebi said Kamalakshi Finance Corp (KFCL) made preferential shares to connected… – Continue reading

Offshore money in search of a good home

Investors seeking global diversification for their property portfolios are increasingly seeing New Zealand as an attractive investment option. Although our commercial and industrial property market is too small to attract the interest of giant global real estate investment trusts (REITs), our manageable size is regarded as an advantage by other… – Continue reading

Clarity In Tax Matters

The Government of India brought in a retrospective amendment in 2012 to nullify the Supreme Court judgement in the case of Vodafone International Holdings B.V. to tax capital gains arising from transfer of shares or interest in a foreign company deriving its value ‘substantially’ from Indian assets. However, the Government… – Continue reading

Private equity chiefs using “government-sponsored tax avoidance”, to save £700m a year, investigation finds

Research highlights the money pipeline between political parties and private equity houses A tax loophole is being used by the executives at private equity firms to save huge amounts on their personal income tax, according to research published today. An investigation, published by campaign group 38 Degrees, uncovers the private… – Continue reading

China’s tax administration issues new rules governing taxation of offshore indirect transfers

On February 3, 2015, the PRC State Administration of Taxation (“SAT”) released the Announcement of SAT Concerning Several Matters Relating to Corporate Income Tax on Indirect Transfer of Properties by Non-tax Resident Enterprises, Announcement [2015] No. 7 (国家税务总局关于非居民企业间接转让财产企业所得税若干问题的公告, 国家税务总局公告2015年第7号; “Announcement 7”). Below is a brief summary and discussion of the… – Continue reading

Bull and bear cartels in stock market misuse for black money

Mumbai: As a probe continues into the misuse of stock markets for evading taxes and laundering black money, 4-5 cartels of market operators have been identified for making illicit gains or showing fictional losses of several thousands of crores of rupees over last 2-3 years. According to sources, both ‘bull’… – Continue reading

EU launches drive to stop tax evasion by multinationals, plans for new rules next month

BRUSSELS (AP) — The European Union has launched a drive to combat tax evasion following a series of probes into rules that allow multinationals to slash their bills in Luxembourg, Ireland and the Netherlands. The EU’s executive commission said Wednesday that it will propose new tax legislation next month, including… – Continue reading

Worldwide: Asia Tax Bulletin – January 2015

CHINA China Releases GAAR Administrative Measures Courtesy of Mr Glen Wei, an attorney at law, certified tax adviser, and CPA based in China.China’s State Administration of Taxation (SAT) on December 12 issued Decree 32 (dated December 2) introducing administrative measures for applying the domestic general anti-avoidance rule to special tax… – Continue reading

Singapore and France revise their tax convention

Singapore and France signed a revised Agreement for the Avoidance of Double Taxation (DTA) on 15 January 2015, which is not yet in force. The new DTA provides for lower withholding tax rates for dividends and new anti-abuse provisions. The most notable changes are the following: 1. Withholding Tax Withholding… – Continue reading

Budget 2015: GAAR may be deferred by two years to boost business sentiment

NEW DELHI: The much-feared general anti avoidance rules (GAAR) could be deferred by about two years so that business sentiment is allowed to improve in India but will need to be rolled out in some form or the other by 2017, in sync with the international framework on preventing treaty… – Continue reading

As Middle Class Flees, Puerto Rico Tries Luring Rich People

Bond trader Ben Eiler swapped life in suburban Georgia for an island in the Caribbean, and he didn’t even have to apply for a visa. The towering 38-year-old native of Arkansas is one of at least 250 people who’ve accepted Puerto Rico’s invitation to well-heeled U.S. citizens to move to… – Continue reading

Legal flash Shanghai – 2014 special edition – Update on tax regulations 2014

In 2014, China continued to develop its taxation system affecting domestic and crossborder transactions. This “Legal Flash – Special Edition 2014” highlights the most significant tax updates of the year. Please see our monthly legal flashes for more information and analysis here. Taking a step-forward on anti-avoidance provisions, the State… – Continue reading

Changes to Principal Private Residence relief for sales of residential property: a foreign element

From 6 April 2015 any individual, whether UK-resident or non-UK-resident, owning property in the UK and abroad, will need to ensure they comply with the new rules if they are to benefit from the relief when selling their PPR On 15 December 2014 the Government issued draft legislation to implement… – Continue reading

French tax update: new China – France double tax treaty, amendment to Singapore – France double tax treaty, noteworthy tax courts decisions and administrative publications

The present French Tax Update will focus on (i) the most salient features of the new double tax treaty signed by the People’s Republic of China (China) and France on November 26, 2013 (New DTT), (ii) the new double tax treaty signed by Singapore and France on January 15, 2015,… – Continue reading

Firms prepare for new tax rules as China vows crackdown

Feb 1 (Reuters) – The Chinese government’s vow to increase tax scrutiny of foreign companies has sent firms rushing to tax advisors ahead of the implementation on Sunday of new rules designed to rein in cross-border tax avoidance. Tax professionals and business lobbies alike have welcomed the move as an… – Continue reading

Merge inheritance tax and capital gains tax, says Institute of Directors

Capital Gains tax and inheritance tax should be merged to prevent wealthy homeowners being taxed twice, IoD suggests Capital gains tax and inheritance tax should be merged to prevent wealthy homeowners being taxed twice, according to the Institute of Directors. Taxes raising less than £5billion a year should be merged… – Continue reading

January Global Tax-News Update

This edition of the Tax-News monthly feature takes in noteworthy events in the international tax arena, including attempts to inject new life into the campaign for comprehensive tax reform in the United States, and developments in the areas of free trade, indirect taxation, BEPS and tax transparency and compliance. US… – Continue reading

How to navigate Obama’s new tax proposals if you own property in the U.S.

While President Barack Obama’s new tax proposals may never see the light of day, given the Republican majorities in both the House and Senate, they have generated discussion among cross-border tax practitioners. Dual citizens living in Canada or Canadians who own U.S. properties may wonder whether they need to reopen… – Continue reading

Putin Uses Tax Reform To Coerce Oligarchs Into Repatriating Assets

President Vladimir Putin is pushing harder on Russia’s richest citizens to repatriate offshore assets amid a slump in the ruble and the imposition of sanctions by the US and the European Union, The Business Times said. Under new tax rules signed into law by a presidential decree in November, Russian… – Continue reading

Malta: Taxation Of Private Pensions

Introduction Malta is increasingly becoming a financial services centre of repute looked at by a number of financial services operators as the ideal platform to set up their private pension schemes. Malta’s success is attributable to the flexible and prudent manner in which the industry is regulated, providing the desired… – Continue reading

Property tax will have adverse effect on the market – Chamber of Commerce

The Chamber of Commerce believes the new regime will have an adverse effect on the recently recovering property market The Malta Chamber of Commerce, Enterprise and Industry has expressed its strong disagreement with the new Property Tax announced by Government in the Budget for 2015. The new regime, it says,… – Continue reading

American expats in Canada who sell their house might face IRS taxes

Americans residing in Canada may not realize the extent to which the U.S. government’s tax-filing rules for non-resident citizens hit home. There’s been a lot of attention in recent years on how U.S. citizens in Canada are being targeted by the Internal Revenue Service. Lost in all the commotion is… – Continue reading

Premier Slams Israel’s Withholding of Tax Revenues as Illegal

RAMALLAH, January 12, 2015 (WAFA) – Premier Rami Hamdallah slammed Monday Israel’s ongoing withholding of Palestinian tax revenues as illegal. “Israel’s ongoing withholding of Palestinian tax revenues is illegal and stands in violation with international laws and norms,” said Hamdallah during a meeting with Representative of India to Palestine Mahesh… – Continue reading

Recent progress in the OECD’s BEPS project

Within the framework of the BEPS (Base Erosion and Profit Shifting) action plan, adopted in July 2013, on last September 16, the OECD published its first recommendations in the form of reports on 7 of the 15 points of the action plan: Address the tax challenges of the digital economy… – Continue reading

Luxembourg Defends Investment Vehicles To OECD

Luxembourg’s fund management industry has responded to proposals put forward by the Organisation for Economic Cooperation and Development (OECD) on preventing treaty abuse, with a particular focus on the treatment of collective investment vehicles (CIVs). The response, from the Association of the Luxembourg Fund Industry (ALFI), concerns proposals put forward… – Continue reading

HK, Singapore Home To Asia’s Highest Property Taxes

In its recent Asia-Pacific Residential Review, global property consultancy Knight Frank has said that Hong Kong and Singapore have the highest tax burdens on foreign property investors. It notes Singapore and Hong Kong have imposed taxes on foreign property buyers, such as additional duties, as a “macro-prudential tool … to… – Continue reading

Solar Sukuk Marks Australia’s Debut Choosing Labuan Haven

(Bloomberg) — Australia is set to become the newest entrant to the Islamic debt market this year as a solar-power joint venture seeks to sell a debut sukuk in Malaysia’s offshore tax haven of Labuan. SGI-Mitabu, run by The Solar Guys International and Mitabu Australia Pty, has revived a plan… – Continue reading

The OECD’s BEPS Action Plan poses immediate challenges for oil and gas companies

Already on the radar of governments and regulatory bodies around the world, recent developments with respect to the Organization for Economic Co-operation and Development (OECD) Base Erosion and Profit Shifting (BEPS) Action Plan are raising further the profile of oil and gas companies globally with both tax authorities and the… – Continue reading

UK Parliamentary Hearing Held On BEPS Response

British Members of Parliament (MPs) have questioned the Government’s unilateral decision to push for the introduction of a Diverted Profits Tax (DPT) ahead of the completion of the Organisation for Economic Cooperation and Development’s (OECD’s) work on base erosion and profit shifting (BEPS). In a debate held in Parliament on… – Continue reading

Arab League slams Israel for withholding Palestinian tax revenues

CAIRO, Jan 9 (KUNA) — The Arab League on Friday lambasted Israel for retaining the Palestinian tax revenues, terming the move as “theft and collective punishment” of the Palestinian people. In a press statement today, Assistant Secretary-General for Palestine and Occupied Arab Territories Affairs Mohammad Subeih stressed the necessity of… – Continue reading