Category: Jurisdiction

No US Bipartisan Anti-Inversion Legislation In Sight

While Senate Democrats continue to examine specific legislative proposals to deter US multinationals from using corporate inversions to move their tax residence abroad, Republicans remain insistent that any specific anti-inversion legislation should be explicitly linked to comprehensive tax reform. A new bill has been put forward by Charles Schumer (D… – Continue reading

Bahamians In Fraud Probe Held In Belize

TWO Bahamian men were arrested on Friday at an airport in Belize three days after they were indicted by US federal prosecutors over an alleged $500 million securities fraud and money laundering scheme, according to a Belize news report. #The US is seeking to extradite the men over the allegations…. – Continue reading

Canada: FATCA Is Not Your Enemy

Over the past six years, the United States has become increasingly concerned that Americans are stashing money offshore, essentially evading U.S. tax. The IRS has increased filing requirements around foreign assets through the Foreign Account Tax Compliance Act (FATCA), which requires financial institutions around the world to report activities of… – Continue reading

Conservative MP implicated in tax avoidance scheme

A CONSERVATIVE MP invested in an alleged tax avoidance scheme currently under investigation by HM Revenue & Customs. Conservative Geoffrey Cox QC – a top lawyer at Thomas More Chambers – is one of 230 who put cash into Pheonix Film Partners, run by Ingenious Media, the Mirror reports. Pheonix… – Continue reading

Gibraltar finalises, publishes insurance-linked securities (ILS) guidelines

Gibraltar’s financial regulator, the Financial Services Commission (FSC), has finalized and published its guidelines for insurance-linked securities (ILS) following a consultation process with input from ILS experts from around the world. Gibraltar, like many other domiciles, is readying its regulatory environment to be able to act as a domicile and… – Continue reading

Corporations vs. Canada: The threat of treaty shopping

With an eye to next year’s federal election, the Harper government has begun to sprinkle tax-relief treats across the country. Small businesses got theirs last week with a break on employment insurance premiums. Sometimes, however, what governments don’t do can be as telling as their actions. The Finance Department has… – Continue reading

Spelling out the high cost of tax inversions

Company after company are fleeing tax oppression in the United States by seeking mergers and acquisitions in lower corporate-tax rate nations. Ireland with a tax rate of 12.5 percent and the United Kingdom with 20 percent, in particular, are attractive alternatives to the United States with a world-leading corporate-tax rate… – Continue reading

Hong Kong supports tax information exchange standard

HONG KONG, Sept. 15 (Xinhua) — China’s Hong Kong Special Administrative Region government supports the new global standard for automatic exchange of financial account information which can enhance tax transparency and combat cross-border tax evasion, Secretary for Financial Services and the Treasury KC Chan said here Monday.     “It… – Continue reading

Illicit financial flows curtail economic growth

ALTHOUGH Finance minister Patrick Chinamasa’s 2014 Fiscal Policy Review statement announced last week seeks to widen government’s revenue inflows, analysts contend that there is need to seriously curb illicit financial flows (IFFs) from Zimbabwe if the economy is to experience the anticipated growth. Illicit financial flows through tax evasion, bribery,… – Continue reading

Turkey: Off-Shore Banking In Turkey

The turning point for regulating the market dates back to 2001 for Turkish banking industry after a major banking crisis in Turkey. The remediation efforts of government authorities have been supported by private banks and Turkey has had a new code on banking ( Law No 5411) in 2005. The… – Continue reading

Since 2010, Burger King Has Reduced Its World Wide Tax Rate by 60%

American taxpayers are being robbed by yet another giant corporation that is deserting the USA after using the country’s advantages to build untold wealth. Burger King’s recent decision to pursue a corporate inversion to Canada is the culmination of years of maneuvering to dodge paying its fair share in corporate… – Continue reading

Swiss banks at crossroads as secrecy goes up in smoke

GENEVA: As Switzerland’s long-cherished banking secrecy practices evaporate, the institutions that helped create the world’s largest offshore tax haven are dramatically rethinking their business models in a bid to survive. Already reeling from the painful process of making amends for allowing foreign nationals to hide assets from the taxman back… – Continue reading

Fears over tax loophole as Scottish independence could see thousands of wealthy people start claiming ‘non-domicile’ status

Non-doms would only have to have a father born in Scotland, expert warns Status only worthwhile for those with assets worth several million Scottish independence could see thousands of wealthy people start to claim ‘non-domicile’ tax status, experts predict. Mark Davies, a tax expert at website Nondom, said: ‘To claim… – Continue reading

Britain’s highest-earning MP invests in alleged tax avoidance scheme under investigation by HMRC

Britain’s highest-earning MP invests in alleged tax avoidance scheme under investigation by HMRC Tory MP Geoffrey Cox is one of hundreds of wealthy figures, celebrities and sports stars putting cash into Phoenix Film Partners LLP Britain’s highest-earning MP has invested in an alleged tax avoidance scheme being investigated by officials…. – Continue reading

Swiss banks at post-secrecy crossroads

As Switzerland’s long-cherished banking secrecy practices evaporate, the institutions that helped create the world’s largest offshore tax haven are dramatically rethinking their business models in a bid to survive. Already reeling from the painful process of making amends for allowing foreign nationals to hide assets from the taxman back home,… – Continue reading

How to Avoid Foreign Dividend Withholding Tax

Using foreign stocks to diversify your portfolio can be a good move for investors looking to collect dividends and protect capital. But owners of dividend paying foreign stocks can find themselves being hit by another type of tax: foreign dividend withholding tax. Keeping as much of your dividends as possible… – Continue reading

Canada: Appeal Filed With The Federal Court Of Canada Seeking A Declaration That FATCA Is Unconstitutional And Should Not Be Enforced In Canada

On Monday the 11th of August, an appeal was filed with the Federal Court of Canada in Vancouver seeking a declaration that the enforcement by the Canadian Government of the United States’ Foreign Account Tax Compliance Act (“FATCA”) on Canadian soil is unconstitutional. Under FATCA financial institutions enter into an… – Continue reading

Weighing tax benefits of S corporations

Factors to consider in deciding which type of incorporation is best for you AS TAX LAWS continue to evolve, so do choices of entity. Being mindful of the alternatives is critical to achieving tax benefits. Both S corporations and Limited Liability Companies (LLC’s) are flow-throughs, which have long been a… – Continue reading

Heat on Joe Hockey over tax avoidance deal as government prepares to host G20

Labor has accused the government of procrastinating on a key measure to stop multinational companies shifting profits offshore. It comes as the government prepares to chair the G20 finance ministers meeting in Cairns next week. The information-sharing deal, part of the global push to tackle tax avoidance, has been signed… – Continue reading

How tax inspectors could prevent the next Ebola outbreak

Much has been written about the poor public health and clinical capacity to respond to the Ebola outbreak in West Africa. Inadequate medical and nursing staff resources, inadequate isolation wards, inadequate intensive care resources, insufficient ambulances. An international emergency response is being mounted in an attempt to fill this huge resource gap…. – Continue reading

Foreign Account Tax Compliance Act (FATCA) for Private Funds: Key Considerations

Although the Foreign Account Tax Compliance Act (FATCA) went “live” July 1, 2014, guidance continues to fall into place. On July 16, the IRS issued instructions for the requester of various Forms W-8 and continues to update its FAQ website. The Cayman Islands Tax Information Authorityissued regulations effective July 4, 2014 addressing the… – Continue reading

FOURTH AMENDMENT OF THE LUXEMBOURG AND FRANCE DOUBLE TAX TREATY

The French and Luxembourg Finance Ministers signed, on 5 September 2014, a Protocol amending Article 3 (the “Protocol”) of the France-Luxembourg double tax treaty for the avoidance of double taxation and the establishment of rules of reciprocal administrative assistance with respect to taxes on income and fortune (the “Tax Treaty”)…. – Continue reading

FATCA in Europe: understanding grandfathering

Withholding on US source income under FATCA started on 1 July 2014.  The withholding will apply to gross “proceeds of sale” of securities bearing US source income (which includes repayment of principal on a loan to a US borrower) and, potentially, to “foreign passthru payments” from January 2017. Now that… – Continue reading

BNY Mellon backs London to lead European race for offshore RMB

London and Singapore are fast closing the gap on Hong Kong in the race to become centres for offshore renminbi business and capitalise on Beijing’s ambition to make the RMB a global currency. Fred DiCocco, Asia-Pacific head of sales & relationship management for BNY Mellon’s Treasury Services business, says London… – Continue reading

Corporate Tax Cuts Would Help Treasury And Investors

Countries worldwide have cut their corporate tax rates in the past two decades. Germany lowered its top rate to 29.6% from 59.7% in 1993. Canada went from 44.3% to 26%, Ireland from 40% to 12.5%. The average top rate for 34 non-U.S. countries went from 36.9% in 1993 to 25.1%… – Continue reading

Congressman Introduces Legislation to Stop Tax Inversions

Rep. Mark Pocan, D-Wis., has introduced three pieces of legislation to close tax breaks that enable U.S. multinational corporations to use so-called “inversions” in which they merge with a foreign company and move their tax domicile abroad to a low-tax country to reduce corporate taxes. Corporate inversions are used by… – Continue reading

U.S. tax evasion and money-laundering sting nabs Canadians

A contingent of so-called “corrupt clients” from Canada have been caught in the net of a massive fraud investigation by the FBI and the U.S. Attorney, a source close to the investigation told CBC. CBC News reported Wednesday that two Canadians, along with four others, were indicted in the U.S…. – Continue reading

Minister’s offshore business to be re-investigated

The offshore tax affairs of a company previously headed by the economics minister are to be re-examined by the finance department of canton Bern. The move comes after Swiss Public Television, SRF, published a memo written by the Federal Tax Authorities (FTA) which raised questions about the previous investigation. The… – Continue reading

Investment in French real estate: France-Luxembourg double tax treaty changes

On 5 September 2014, the Governments of France and Luxembourg signed an amendment to the France-Luxembourg treaty dated 1 April 1958 (the “Treaty”), which will have an impact in the future for certain investments in French real estate. Indeed, the amendment introduces new provisions under Article 3 paragraph 4, allocating… – Continue reading

FATCA responsible officer function obsolete for Cayman funds

Outsourcing the responsible officer (RO) function under the Foreign Account Tax Compliance Act (FATCA) offers limited value to Cayman-Islands’ domiciled fund managers.The Model one Intergovernmental Agreement (IGA) between the Cayman Islands and the US does not stipulate that a responsible officer is required. The responsible officer title is a feature… – Continue reading