Category: Jurisdiction

RF Supreme Court consolidates court practice on the application of transfer pricing and thin capitalization rules

On February 16, 2017, the Presidium of the Supreme Court of the Russian Federation approved the Review of Court Practice in the Consideration of Cases Involving the Application of Certain Provisions of Section V.1 and Article 269 of the Tax Code of the Russian Federation (the “Review”). There is no… – Continue reading

Netherlands, Uzbekistan Sign Anti-Abuse Agreement

The Netherlands has signed a protocol to its double tax avoidance treaty with Uzbekistan, designed to prevent the treaty from being inappropriately used to avoid taxes. The anti-abuse provision was signed by the Netherlands and Uzbekistan on February 7, 2017, and “prevents the benefits of the treaty only [being] used… – Continue reading

Greece Should Broaden Income Tax Base And Tackle Evasion: IMF

Greece needs to overhaul its tax system as part of the solution to the country’s economic woes, the International Monetary Fund said in its annual Article IV report for the country. In a report that echoed previous years’ recommendations, the Fund said that Greece must broaden its income tax base,… – Continue reading

Cayman Islands’ investment in S. Korea tops 9.2 tln won

SEOUL, Feb. 16 (Yonhap) — The Cayman Islands became the largest investor as a tax haven country in the South Korean market last year, data showed Thursday, amid suspicions that some of the money could be owned by South Koreans disguised as foreign investors in an attempt to avoid taxes…. – Continue reading

IRS Warns On Micro-Captive Insurance Tax Shelters

For the third consecutive year, the US Internal Revenue Service (IRS) has placed abusive micro-captive insurance tax shelters on its list of top tax scams to watch out for in the 2017 filing season. The IRS explained that the US tax code generally allows businesses to create captive insurance companies… – Continue reading

OECD Recommends Swedish Property Tax Reform

The OECD has recommended that Sweden rebalance its property tax system. In its latest Economic Survey for the country, the OECD said that Sweden’s favorable tax treatment of owner-occupied housing is regressive, benefiting relatively high-income households most and contributing to the high demand for housing. It said it also encourages… – Continue reading

ANCA and Senator Menendez Discuss Benefits of a U.S.-Armenia Double Tax Treaty

Bilateral Economic Accord Key to Growing Trade and Investment WASHINGTON—Armenian National Committee of America (ANCA) Chairman Raffi Hamparian recently held a working meeting on Capitol Hill with U.S. Senator Robert Menendez (D-N.J.) on a range of shared priorities, including the negotiation of a new U.S.-Armenia Double Tax Treaty. This bilateral… – Continue reading

Philip Hammond must end ‘unfair’ tax system that ‘favours multinationals over local shops’ businesses say

Business leaders are calling on Chancellor Philip Hammond to tackle anomalies in the tax system that see high street shops pay higher rates on small premises than online giants do for vast warehouses. The Institute of Directors said the Chancellor should use next month’s Budget to set up a New… – Continue reading

Switzerland Is Still a Safer Haven than Brexit Britain

(Bloomberg Gadfly) — A referendum lost. Voters crying foul at cuts to public services. The threat of financial chaos and businesses sent packing. This isn’t Brexit Britain. It’s Switzerland. The country this weekend voted down a government plan to keep offering tasty tax breaks to multinational companies — while still… – Continue reading

‘Survival Of Financial Services Not An Option’

A prominent QC yesterday backed calls for the Bahamas to switch to a ‘low tax’ business model, warning: “The survival of financial services is not an option.” Brian Moree QC, senior partner at McKinney, Bancroft & Hughes, said the Bahamas had to “figure out how to adjust its business model”… – Continue reading

Opportunity for Refund of Late Interest charged on Failed Withholding Tax Notifications

Background Switzerland levies federal withholding tax at the rate of 35% on certain capital income, including dividend distributions of Swiss corporations. The federal withholding tax is fully refundable for Swiss resident recipients, provided that they (i) are beneficially entitled to and (ii) correctly declare respectively account for the taxable income…. – Continue reading

Indonesia – Key Indonesian Law Considerations For International DCM Issues

Following Moody’s Investors Service affirmation of Indonesia’s sovereign credit rating at Baa3 with a stable outlook in January 2016, there has been renewed interest in the international bond market for Indonesian credits. This bulletin seeks to summarise the regulatory changes in Indonesia over the last 24 months as well as… – Continue reading

EU preparing legal challenge against Donald Trump’s US border tax plan in what could be biggest trade dispute in a century

EU lawyers are preparing to mount a legal challenge against President Trump’s hugely controversial US border tax proposals in what could be the biggest case in World Trade Organisation history. Mr Trump’s proposed “border adjustment system” would see US imports subjected to tax, while export revenues exempted. The reforms have… – Continue reading

Canada misses out on nearly $50 billion in tax each year

The federal government forgoes as much as $47.8 billion in uncollected taxes every year, according to a new report that Ottawa has yet to release. These billions represent only a fraction of all taxes that go unpaid because they don’t include taxes owed to the provinces and municipalities — all… – Continue reading

Ukraine and USA signs treaty on FATCA

On 7 February 2017, the Minister of Finance of Ukraine and the US Ambassador to Ukraine signed a treaty on Ukraine’s performance of the US Foreign Account Tax Compliance Act (FATCA) (the Treaty). According to the Ministry of Finance of Ukraine, the Treaty is based on the Model 1B Intergovernmental… – Continue reading

Mind the gap – HMRC’s crackdown on SME directors

Last Autumn, HMRC issued “Measuring Tax Gaps”, an annual report on the estimated UK tax gap. The tax gap being the shortfall in tax estimated by HMRC as being due in any one tax year from that which is eventually collected. In the accompanying press releases and in comments made… – Continue reading

India: SKP Transfer Pricing 360˚ – Volume 3 Issue 3 | Oct-Dec 2016

Selection of Foreign Company as a tested party – practical considerations Introduction Transfer pricing regulations adopted by India are based on the arm’s length principle which revolves around the concept that the price or margin determined in a controlled transaction involving two Associated Enterprises (AE) should be commensurate with an… – Continue reading

IRS warns of ‘Dirty Dozen’ tax scams

MARTINSBURG — The Internal Revenue Service has started releasing this year’s top 12 scams targeting consumers known as “The Dirty Dozen.” The annually compiled list features a variety of scams the agency says are common and that taxpayers could encounter anytime, but especially during peak filing season. Phishing schemes lead… – Continue reading

Operators blame multiple taxation for poor performance of domestic airlines

The Airline Operators of Nigeria (AON) has blamed the poor performance of domestic airlines on multiple taxation by various agencies in the aviation sector. Capt. Nogie Meggisson, Chairman, AON, made the claim on Sunday in Lagos while reacting to the takeover of Arik Air and Aero Contractors by the Asset… – Continue reading

Scots tax haven firm offers to help French avoid tax and social security

SCOTLAND is being used as a virtual base to help French nationals avoid tax and social security payments. An online agency – registered to a Glasgow shell firm – is offering a range of “offshore solutions” for those who want “zero per cent tax” and “complete confidentiality”. The company –… – Continue reading

Japan, China, Ireland biggest foreign holders of US government bonds

In the latest published data from the US Treasury Department and Federal Reserve Board in respect of November 2016, the value of Treasury Securities held by foreigners was $5.9tn with Japan’s holdings at $1.1tn and China at $1.0tn, followed by Ireland at $275bn. However, some further data show that the… – Continue reading

China to hold its citizen’s foreign account information

The State Administration of Taxation (SAT) is about to hold Chinese citizens’ foreign account information in 101 countries and regions, as the regulation on the localization of the Common Reporting Standard (CRS) in China was put into effect on January 1, the Xinhua News Agency reported on Sunday. Under the… – Continue reading

German, Swedish Banks Back Tougher Beneficial Owner Rules

German banks support stricter beneficial ownership rules for companies and trusts, while the leading Scandinavian bank backed an offshore corporate economic substance test to help comply with EU laws against money laundering and tax evasion. Testifying before the European Parliament’s Panama Papers investigative committee, the Association of German Banks told… – Continue reading

Armenia and Argentina to exchange taxation-related information

YEREVAN, February 9. /ARKA/. The Armenian parliament ratified today an agreement between the governments of Armenia and Argentina on exchange of taxation-related information, signed in 2015 July. According to the deputy head of Armenian State Revenue Committee Vakhtang Mirumyan, this agreement, initiated by the Argentine side, is aimed at providing… – Continue reading

Fingerprint payments prompt privacy fears in India

After India’s banknote ban, private companies are using the country’s biometric database to bring financial services to millions For two years, Indian officials have been trawling the country, from city slums to unelectrified villages, zapping eyeballs, scanning fingerprints and taking photographs. Last month, Indian shoppers started to see the results…. – Continue reading

Diverted Profits Tax introduced into Parliament

The Government has introduced the Diverted Profits Tax Bill 2017 and the 35 page Treasury Laws Amendment (Combating Multinational Tax Avoidance) Bill 2017 into Parliament to implement the Diverted Profits Tax (DPT), as one of its first Parliamentary items of business in 2017, indicating the priority attached to this measure…. – Continue reading

Ireland Updates Guidance On Tax Ruling Info Exchange

The Irish tax agency has updated its guidance on the automatic exchange of information on tax rulings between EU member states. Changes have been made to the Tax and Duty Manual to set out Revenue’s arrangements for implementing Council Directive (EU) 2015/2376 and the OECD’s framework for the compulsory spontaneous… – Continue reading

What AEOI means for banking customers in Hong Kong

With the arrival of the new year, don’t be surprised if your bank asks for information about yourself and your accounts that you didn’t have to provide before. These questions signal an important development as banks in Hong Kong and around the world prepare to share certain information with tax… – Continue reading

Parliament passes FATCA

The Foreign Account Tax Compliance Act (FATCA) United States of America Implementation and Enforcement of the Inter-Governmental Agreement was passed in Parliament without opposition, making it mandatory for Antigua & Barbuda’s banks to provide the banking information of US citizens to the Internal Revenue Service (IRS). The Act requires local… – Continue reading

KPMG Issues Survey Report on OECD’s Common Reporting Standard

NEW YORK, Feb. 7, 2017 /PRNewswire/ — KPMG LLP, the U.S. audit, tax and advisory firm, has issued a new survey report on the international Common Reporting Standard (CRS), which reveals that financial institutions impacted by the regulations still have much work to do to meet with the initiative’s significant… – Continue reading

Tax identity theft avoidance starts with the taxpayer

Madison – Tax-related identity theft is an established concern nationwide, as state and federal tax authorities have wrestled for years with a blight of criminals filing fraudulent tax returns using other people’s personally identifiable information. For a scammer, tax identity theft means quick cash. For a victim, it’s a delayed… – Continue reading

Many tax-exempt charities don’t meet IRS requirements

Even though the Internal Revenue Service approves 94 percent of the applications it receives from charities for tax-exempt status filed through the simplified Form 1023-EZ, approximately a quarter of them do not meet the IRS’s own requirements. A recent report by the National Taxpayer Advocate pointed out that Treasury Department… – Continue reading

Switzerland to vote on corporate tax unification

Swiss voters will vote next week on whether to reform corporate tax and remove the reduced tax rates that Switzerland currently grants to multinational firms. Voters will be asked whether they accept the federal law that was adopted by Switzerland’s national council in June 2016 “with a view to enhancing… – Continue reading

CSBS releases tool to assist financial institutions with Bank Secrecy Act/Anti-Money Laundering risk

The Conference of State Bank Supervisors (CSBS) and state regulators have developed a self-assessment tool to help banks and financial institutions identify, monitor and communicate Bank Secrecy Act/Anti-Money Laundering (BSA/AML) risk. The BSA/AML Self-Assessment Tool is a spreadsheet intended to reduce uncertainty surrounding BSA/AML compliance and support more transparency within… – Continue reading

Tax-avoidance adoptions

Adoption as a means of reducing inheritance taxation is said to be common among wealthy people. In overturning a lower court decision that invalidated a late Fukushima Prefecture man’s adoption of his grandson in 2012 on the grounds that the step was a tax-saving measure, the Supreme Court has ruled… – Continue reading

UK: UK – UAE Double Tax Treaty Now In Force – What You Need To Know

The signing of a double taxation agreement between the UK and the UAE in April 2016 was undoubtedly much anticipated and marks a new milestone in the successful expansion of the UAE’s international tax treaty network. Following ratification of the agreement by the two countries reacting parties, it came into… – Continue reading

Company tax: big business already pays less than 30% rate, ATO data shows

Business Council of Australia is urging tax cuts to remain competitive but transparency report show members’ effective rate is 24.3% The members of the Business Council of Australia, who are leading the push to cut Australia’s corporate tax rate from 30%, already pay an effective tax rate five percentage points… – Continue reading

Revised tax treaties to exchange info for other purposes, says government

India has revised 40 treaties for avoidance of double taxation so that the information exchanged with partner nations on tax matters can also be utilised for other purposes including criminal proceedings, Parliament was informed on Friday. “Treaty partner countries have been requested to modify the tax treaties, so as to… – Continue reading

GOP Tax Overhaul Could Throw U.S. Tax Treaties Into Question

A Republican plan to overhaul the U.S. corporate income tax could put the dozens of existing U.S. double-tax treaties in limbo. U.S. companies doing business abroad may no longer be able to rely on the mechanisms in treaties for resolving cross-border tax disputes—overlapping claims on a company’s tax—or they may… – Continue reading