Category: Automatic Exchange of Information

European Union: European Council Approves Transparency Rules For Tax Rulings

Following a directive proposal put forward by the European Commission as part of a package of measures in March, the European Council reached political agreement on a directive amending the text of 2011/16/EU directive on administrative cooperation in the field of taxation. EU member states will be required to automatically… – Continue reading

The Changing Face of Luxembourg Finance

“Luxembourg is famous for two things: its steel industry and its rose cultivation industry”. This quote from an Italian guidebook of the 1930s was uttered by Luxembourg’s Finance Minister Pierre Gramegna at the annual conference of the Luxembourg Directors’ Association on 17 June 2015[1]. The economic outlook of the tiny… – Continue reading

Transfer Pricing Documentation in a Post-BEPS World

“It is not the strongest or the most intelligent who will survive but those who can best manage change”-Charles Darwin The Organization for Economic Co-operation and Development (OECD) released its final recommendations on the Base Erosion and Profit Shifting (BEPS) Project on October 5, 2015. The BEPS project consist of… – Continue reading

UK government issues disclosure facility deadline reminder

The UK Government has issued a reminder that existing taxpayer disclosure facilities will be replaced by a tougher, “last chance” regime from 2016, reports Tax News. Financial Secretary to the Treasury David Gauke has launched a campaign that explains how the new regime will work. He said that the UK’s… – Continue reading

UK: HMRC to be given new powers to demand personal financial details from Bermuda

Tax authorities in Britain will be given new powers to demand personal financial details from Bermuda, reports the Royal Gazette. The Island is one of 90 countries that will begin to share the financial details of British residents with HM Revenue & Customs (HMRC) from January under new plans to… – Continue reading

Cayman Islands to implement OECD common reporting standard on automatic exchange of information

The Organization for Economic Co-operation and Development (OECD) common reporting standard (CRS) is a standard that provides for the automatic exchange of financial account information between participating governments. The requirements under this standard are in addition to any Foreign Account Tax Compliance Act (FATCA) requirements. The Cayman Islands has recently… – Continue reading

Switzerland – Argentina: Tax Treaty Enters into Force

The new Income and Capital Tax Treaty between Switzerland and Argentina entered into force on 27 November 2015. The new treaty generally applies from 1 January 2015 for withholding taxes and from 1 January 2016 for other taxes and article 25 (Exchange of information). The new agreement will replace the… – Continue reading

Niue becomes the 92nd jurisdiction to join the most powerful instrument against offshore tax evasion

(OECD) In Paris on the occasion of the COP21, the Honourable Billy Graham Talagi, Minister for Ministry of Natural Resources of Niue signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters in the presence of Deputy Secretary General Rintaro Tamaki. Developed by the OECD and the Council of… – Continue reading

Secrecy in BOTs fuelling corruption, says report

(CNS Business): A new report released by a coalition of NGOs, including Transparency International UK, has described some of the British overseas territories (BOTs) as “some of the most notorious purveyors of financial secrecy”, despite promises about more transparency. The authors say a World Bank study found that BOTs are… – Continue reading

Tax man agrees: Large fortunes need probing to nab dodgers

Santo Domingo.- Internal Taxes (DGII) director Guarocuya Feliz on Sunday agreed with Institutional and Justice Foundation (FINJUS) vice president Serbio T. Castaños that large fortunes need to be investigated over tax evasion. “This position is in line with the work the institution carries out to eliminate banking secrecy to ensure… – Continue reading

HMRC warns offshore evaders on ‘tougher’ penalties from 2016

HM Revenue & Customs (HMRC) has warned people with offshore assets they will face ‘tougher’ penalties if they do not declare their full tax situation before the end of the year. Currently, people with offshore assets can use disclosure facilities to prevent criminal proceedings being issued and to reduce their… – Continue reading

Clampdown on tax evasion

As Common Reporting Standard (CRS) comes into operation. OHANNESBURG – South Africans with undeclared offshore funds may only have a few months to get their affairs in order or risk facing significant penalties and even criminal prosecution as revenue authorities start the automatic exchange of information. The Common Reporting Standard… – Continue reading

UK launches campaign warning offshore tax evaders

The UKtoday launched a campaign warning offshore tax evaders that the governmentwill soon receive details on UK taxpayers from more than 90 countries under new global agreements. The campaign by David Gauke, the Financial Secretary to the Treasury says that the government is giving people one last chance to come… – Continue reading

Worldwide: Final BEPS Reports Issued By OECD

The OECD published 13 final reports along with an explanatory statement under its base erosion and profit shifting (BEPS) project on the 5th October 2015. This was endorsed three days later on the 8th October 2015 by the G20 Finance Ministers’ meeting in Peru’. The BEPS project outlines 15 action… – Continue reading

Common Reporting Standard effective in Ireland from 1 January 2016

Recent developments with regard to CRS (the OECD’s “Common Reporting Standard”) mean that Irish funds need to take steps now to update their application forms and subscription documents. As referred to in Matheson’s November Investment Funds Newsletter, the Irish Finance Bill 2015 contains further provisions putting in place the necessary… – Continue reading

Israel becomes 91st country to join OECD tax avoidance effort

Israel has joined 90 other countries in signing up to the OECD’s instrument to combat offshore tax avoidance and increase transparency in tax matters. The middle-eastern country became the 91st jurisdiction to sign the Multilateral Convention on Mutual Administrative Assistance in Tax Matters yesterday, which enables the exchange of information,… – Continue reading

SWITZERLAND: DUTCH GROUP REQUESTS FOR ASSISTANCE, AEOI

A recent Dutch group request for administrative assistance shows that even before the “automatic exchange of information” (AEoI) measure is effective in Switzerland in 2017, those with undeclared assets need to consider making a disclosure. The Swiss federal tax administration recently approved a Dutch group request for administrative assistance, and… – Continue reading

Federal Council adopts dispatch on automatic exchange of information in tax matters between Switzerland and EU

BERN, Switzerland, 25 November 2015 / PRN Africa / — Today, the Federal Council adopted the dispatch on the agreement regarding the automatic exchange of information (AEOI) in tax matters with the EU and submitted it to Parliament for approval. The agreement was the subject of a consultation procedure from… – Continue reading

KPMG says Qatar companies need to be prepared for new global tax reporting

Participants listen to an expert during the seminar hosted by KPMG Qatar. KPMG in Qatar held a seminar recently to help chief financial officers and chief compliance officers from financial institutions understand the implications of Common Reporting Standard (CRS) and what they need to do to comply. The seminar comes… – Continue reading

FATCA me if you can: Hong Kong should learn from Israel

Israeli politicians occasionally risk the ire of their American allies. Some have successfully challenged legislation in court to slow the implementation of FATCA-related legislation. Watch and learn, Hong Kong. As the United States continues to bring country after country to their knees to comply with its Foreign Account Tax Compliance… – Continue reading

European Union: The End Of Financial Privacy?

Over 90 jurisdictions have committed to the OECD’s Common Reporting Standard (CRS), creating comprehensive global automatic information exchange for financial assets and the entities through which such assets may be held. Over 70 jurisdictions have signed the OECD’s Multilateral Competent Authority Agreement, which implements the CRS. The CRS is scheduled… – Continue reading

Israel signs the Multilateral Convention on Mutual Administrative Assistance in Tax Matters

Did we only yesterday (November 23, 2015) report that the State of Israel increases enforcement ability against tax evaders and that on November 18, 2015 the Israeli Knesset approved a bill to increase the enforcement ability against tax evaders and that the bill promotes the affiliation of Israel to the… – Continue reading

SPAIN: COMMON REPORTING STANDARD (CRS) EFFECTIVE JANUARY 2016

Guidance published in the Spanish official gazette on 17 November 2015, establishes the requirements: (1) to identify the tax residence of persons holding or controlling certain financial accounts; and (2) to report that information within the context of mutual assistance. Accordingly, Royal Decree 1021/2015 transposes into Spanish domestic law the… – Continue reading

Wanted: central bank boss to fix 1,700-year-old European tax haven

MILAN (Reuters) – San Marino is looking for a new central bank governor to clean up its banks – traditional havens for tax dodgers – and fix their badly damaged balance sheets. Big problems for the micro-state began in 2009 when Italy, hit hard by the global financial crisis, added… – Continue reading

Switzerland signs an agreement on the exchange of information on tax matters with Brazil

Bern, 24.11.2015 – On 23 November 2015, Switzerland and Brazil signed in Brasilia an agreement on the exchange of information on tax matters (“Tax Information Exchange Agreement” TIEA). The Agreement with Brazil is the tenth TIEA signed by Switzerland. The agreement deepens the bilateral relations between Switzerland and Brazil. Switzerland… – Continue reading

Wolters Kluwer Financial Services Warns Industry to be Braced for Further FATCA and GATCA Complexity

Complexity of regulations means first adopters will gain competitive advantage, newly released white paper notes The banking industry should be braced for further complexity when it comes to the US Foreign Account Tax Compliance Act (FATCA) and the looming Global FATCA (GATCA). And those institutions that move more quickly to… – Continue reading

Switzerland: The Free Flow Of Data

Switzerland is on its way towards the Automatic Exchange of Information (AEOI). The AEOI will lead to the transmission of sets of data from a reporting financial institution (e.g. a bank) to the domestic tax authority. The domestic tax authority will have to exchange such data with the respective foreign… – Continue reading

Better global rankings underline India’s potential

The World Bank has placed India twelve notches higher than last year in its Ease of Doing Business rankings for 2016. This comes close on the heels of the country’s sixteen place leap on the World Economic Forum’s Global Competitiveness index. These rankings underline the impact of the recent spate… – Continue reading

Hong Kong Adapts To Global Tax Developments

Hong Kong’s Secretary for Financial Services and the Treasury, K C Chan, has emphasized that the Government is committed to complying with the latest international tax developments, including on tax transparency and tackling base erosion and profit shifting. In his speech to the Taxation Institute of Hong Kong 2015 CTA… – Continue reading

Denmark introduces a legislative proposal in order to implement BEPS Action Point 13

On 10 November 2015, the Danish Ministry of Taxation introduced a draft bill (bill no. L46) including an amendment to section 3B of the Danish Tax Control Act (skattekontrolloven). The purpose of the proposed amendment is to implement Action Point 13 of the BEPS Initiative (Guidance on Transfer Pricing Documentation… – Continue reading

Praise for Gibraltar government from Washington D.C.

DESPITE repeated allegations from the Spanish government that Gibraltar is a tax haven, news is regularly received that suggests this is far from the case, and that the government has been doing all that it can to ensure that it complies as fully as possible with international standards, whilst generating… – Continue reading

Blacklisted HK: The Spanish Case

The blacklisting saga did not start with Spain, but it did end with a timely correction related to it. Harbour Times explains how Hong Kong was taken off the Spanish tax haven list. Friends of Harbour Times would be familiar with the remedy of Hong Kong being named a non-cooperative… – Continue reading

The implementation of BEPS – how it may all come together

We are all aware of “base erosion and profit shifting” or “BEPS”. On 5 October 2015, the OECD released its final reports in connection with its BEPS Action Plan including its final report on Action 15 dealing with the development of a multilateral instrument to modify bilateral tax treaties (“Final… – Continue reading

INDONESIA: AEOI GUIDANCE, PROCEDURES FOR EXCHANGE OF TAX INFORMATION

The Ministry of Finance issued a regulation with guidance concerning the procedures for the exchange of financial information with other jurisdictions and countries. The “automatic exchange of information” (AEOI) process will allow for the exchange of data to verify and confirm compliance with tax obligations, including information from financial institutions…. – Continue reading

Swaziland to collect tax from US citizens, firms

Swaziland will implement the United States Foreign Accounts Tax Compliance Act FATCA 2010 by collecting tax from US individuals and companies operating in the country.APA learnt on Friday that the act, whose objective is the facilitation of the exchange of financial information between US and other countries where its citizens… – Continue reading

Main provisions of Patent Box regime

Introduction Tax exemptions Eligibility Trademarks Calculating tax benefits Eligible costs Introduction At the end of 2014, the government presented the 2015 budget, which introduced a ‘Patent Box’ tax regime in line with similar schemes adopted in other European countries. It applies to corporate income tax and regional tax on productive… – Continue reading

Govt to implement United States FATC Act of 2010

THE United States of America (USA) wants all companies of US origin, individuals and body corporates that are resident in Swaziland to report their financial information in their home country, the USA. This development is a result of Swaziland government announcing that it will implement the United States Foreign Account… – Continue reading

Malta and Caraçao agree tax treaty

The governments of Malta and the Caribbean island of Caraçao have signed a treaty, which both sides say will prevent tax evasion and the double taxation of companies operating in both jurisdictions. In line with internationally agreed standards, Malta’s finance minister Edward Scicluna and his counterpart from Caraçuo Jose Jardim… – Continue reading

Turkey: The Information Exchange Agreement Has Been Signed Between Turkey And USA Within The Scope Of Foreign Accounts Tax Compliance Act

It has been announced on the official website of the Directorate of Revenue Administration on July 30, 2015 that the “Agreement on Increasing International Tax Compliance through Extended Information Exchange” was signed in Ankara between Turkey and USA within the scope of Foreign Accounts Tax Compliance Act (“FATCA“). Under the… – Continue reading

Crackdown on Caribbean tax havens a surprise boon for Hong Kong

Hong Kong is tipped to become the world’s largest offshore corporate services centre by 2020, helped ironically, by the industry’s own struggles against reform demands coming from western governments and pressure groups. On notice after high profile money laundering and tax avoidance scandals, traditional offshore havens like the British Virgin… – Continue reading

Swiss Federal Council adopts a dispatch on automatic exchange of information in tax matters with Australia

On November 18, 2015 the Swiss Federal Council adopted a dispatch on the introduction of the automatic exchange of information (AEOI) in tax matters with Australia and submitted the dispatch to the Swiss Parliament for approval. The Federal Decree on the introduction of the AEOI with Australia was the subject… – Continue reading

Hong Kong and Romania enter into tax pact

Hong Kong (HKSAR) – The Financial Secretary, Mr John C Tsang, on behalf of the Government of the Hong Kong Special Administrative Region, today (November 18), signed in Bucharest an agreement on the avoidance of double taxation with Romania. Romania’s State Secretary for Public Finance, Mr Attila Gy?rgy, signed on… – Continue reading

Protocol amending Agreement between India and Kuwait for avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for the protocol amending the Agreement between India and Kuwait for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. The Protocol provides for internationally accepted standards… – Continue reading

2,000 Firms Use BearingPoint FATCA Service

BearingPoint’s FiTAX catches on while a FATCA critic says that more Americans are renouncing their citizenship because of the controversial tax law. While controversy swirls around the Foreign Account Tax Compliance Act (FATCA), management and technology consultancy BearingPoint reports that between March and August 2015, more than 2,000 financial institutions… – Continue reading

Jersey and Spain sign tax information exchange agreement

As early adopters of the new global standard for the automatic exchange of information; Jersey and Spain signed a tax information exchange agreement (TIEA) on Tuesday. The agreement was signed at the Spanish Embassy in London by Jersey’s assistant chief minister, senator Philip Ozouf, who said: “We attach great importance… – Continue reading

Global Tax Network Will Impact Every Investor

Global tax is set to face the biggest shake up ever that will affect every saver and investor with accounts in any of the world’s major financial centres. Financial firms and governments are readying to start the Common Reporting Standard (CRS) from January 1, 2016. CRS is a souped up… – Continue reading

TaxTalk Today- 17th November 2015

PwC Australia Australian Taxation Office New or updated materials on ATO website, including: Decision impact statement on McGrouther & Anor v Commissioner of Taxation case concerning whether a taxpayer can waive or withdraw a notice given to the Commissioner under s14ZYA(2) of the Taxation Administration Act 1953 (requiring the Commissioner… – Continue reading

Tax Transparency – the Common Reporting Standard: Implications for South Africa

Globally, taxpayers are becoming more interdependent, and engage in cross-border financial activities with more regularity. With this, comes the need for enhanced co-operation and understanding across countries on issues such as tax administration and transparency, to curb tax evasion and ensure a fair allocation of taxes to tax jurisdictions. “The… – Continue reading

EU Savings Directive repealed

On November 10th 2015, the European Council announced that the EU Savings Directive 2003/48/EC (EUSD) has been repealed in order to eliminate the overlap with other legislation developed in the aspect of preventing measures of tax evasion. Brief Background The 2003 EUSD, which originally came into effect on 1 July… – Continue reading

Tax transparency and reform leave nowhere to hide for tax functions of the future on data demands

The FINANCIAL — Employees in tax functions need to fundamentally change the way they use and gather data if they are to meet the growing demands on business of tax transparency, reform and technology enabled decision making. PwC’s latest research into the Tax function of the future – Unlocking the… – Continue reading