Category: Legislation

Tories ease pressure on Cayman Islands over tax transparency

Britain’s Conservative government has relaxed demands on the Cayman Islands to create a register detailing company ownership, despite Prime Minister David Cameron’s previous call for Overseas Territories to adopt the measure to promote transparency. The UK’s Overseas Territories and Crown Dependencies make up almost 25 percent of the world’s tax… – Continue reading

Member states stonewall EP tax probe

HMRC reintroduces Australian fund to Rops listEU member states are lobbying the European Commission to prevent it from disclosing information on tax rulings to a European Parliament probe, reports the EU Observer. EU economics commissioner Pierre Moscovici, in a letter sent Monday (31 August) to the head of the parliament’s… – Continue reading

Survey: Business leaders would pay more tax for greater clarity

Three-quarters of global business leaders would accept higher taxes in exchange for greater clarity on acceptable tax planning, the Grant Thornton International Business Report has found. The survey of 2,580 businesses in 35 countries noted a significant increase from the last time the question was asked – last year –… – Continue reading

PFRDA asks intermediaries to comply with FATCA rules

Statutes facilitates automatic exchange of financial account data Pensions regulator PFRDA has asked all intermediaries registered with or appointed by the body to take necessary steps to ensure compliance with respect to the implementation of multilateral competent authority agreement (MCAA) and foreign account tax compliance act (FATCA). Financial regulators in… – Continue reading

International tax update- September 2015

New Zealand: GST and the digital economy The New Zealand Government has released a Discussion Document regarding the proposal to impose goods and services tax (GST) on online purchases of goods and services from offshore suppliers by New Zealand resident consumers. The publication Taxing by the megabyte: New Zealand’s GST… – 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

Italian Tax Reform

New legislation on abuse of law and statute of limitations The Italian Government has recently approved a new decree, which reshapes the definition of abuse of law and tax avoidance and changes the rules on the statute of limitations in the event of tax crimes. The decree also introduces a… – 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

Russian “Economic Patriotism” May Shake Things Up For Wealth Managers

New de-offshorization and capital amnesty laws could have widespread effects In an attempt to encourage “economic patriotism,” Russia recently adopted two new laws: (1) The De-Offshorization Law, which makes a number of major changes in the existing systems of corporate and personal taxation in Russia, particularly as they pertain to… – 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

Senate economics committee releases interim report on corporate tax avoidance

What has happened? On 2 October 2014 the Senate referred an inquiry into corporate tax avoidance to the Senate Economics References Committee for inquiry and report. The Committee conducted public hearings1 in Sydney, Melbourne and Canberra and received submissions from a number of senior executives from high profile multinational corporations… – Continue reading

Uganda: Revenue Authorities Plot an End to Multinational Companies Criminal Tax Activities

Uganda Revenue Authority (URA) has entered into partnership with the continent tax bodies in a move to wipe out illicit financial flows from Africa. A report on illicit financial flows (IFFs) estimates that Uganda loses at least Shs1.5 trillion every year to illegal activities perpetrated by the multinational companies. The… – Continue reading

Cyprus: A fairer tax regime

The Cyprus government recently announced a number of tax incentives aimed at encouraging economic activity and attracting inward direct investment. At the same time it submitted a number of draft laws to the House of Representatives to implement the new provisions of the EU Parent-Subsidiary Directive, to simplify the tax… – Continue reading

Preparing for new corporate offence of agents facilitating tax evasion

FOCUS: The UK government plans a new criminal offence for companies and partnerships whose ‘agents’ facilitate the evasion of UK tax. The proposal is to make corporations criminally responsible if they fail to take reasonable steps to prevent their agents from taking actions that facilitate tax evasion. Agents include employees… – Continue reading

Everald Dewar | The FATCA Effect On Jamaican Taxes

American residents or nationals, citizens and green card holders – persons of interest – living in Jamaica are required to file US tax returns and must, by voluntary disclosure, fill out a form to disclose ‘foreign assets’. The filing of a Foreign Bank and Financial Accounts Report (FBAR) is an… – Continue reading

Canada Court Ruling Could Put Brakes on FATCA

Aug. 19 — Tax authorities and practitioners around the world are awaiting a Canadian court’s ruling on the legality of Canada’s legislation to comply with the Foreign Account Tax Compliance Act. The Federal Court of Canada is due to issue by Sept. 30 a ruling on the validity of the… – Continue reading

FATCA legislation to impact the South Africa financial services sector

South African companies who do direct and indirect business with US organisations, whether in South Africa, Africa, Europe or further afield, must comply with the United States Foreign Account Tax and Compliance Act (FATCA,) or risk being excluded from lucrative markets the world over, reports the Cape Business News. This… – Continue reading

Australian Committee On Tax Avoidance Issues Interim Report

The Australian Senate inquiry into tax avoidance has released its interim report, which makes 17 recommendations, including the introduction of a mandatory tax reporting code. The Senate Inquiry into Corporate Tax Avoidance was referred to the Economics References Committee in October 2014. The first hearing was conducted in April 2015,… – Continue reading

Summer Budget 2015: new rules for non-domiciled individuals

Introduction Individuals whose domicile of origin is outside United Kingdom Non-UK individuals with UK domicile of origin Consultation and legislation New inheritance tax rules for UK residential property held within offshore corporate envelopes Comment Introduction Individuals domiciled outside the United Kingdom might have been justified in thinking that they would… – Continue reading

Cayman Islands confident of securing AIFMD passport, says AIMA

The Cayman Islands is confident that the pan-European marketing ‘passport’ will be extended to alternative investment funds (AIFs) set up in the jurisdiction, according to the Alternative Investment Management Association (AIMA). Cayman, where a high percentage of offshore hedge funds are registered, still awaits assessment by the European Securities and… – Continue reading

Bahamas: Fatca compliance ‘will strengthen financial services industry’

Financial Services Minister Hope Strachan said yesterday that the landscape of the country’s financial services industry would be strengthened as a result of the nation’s compliance with the tax information exchange agreements such as the US Foreign Account Tax Compliance Act (FATCA), saying that she was fairly satisfied that The… – Continue reading

Offshore investments in insurance, real estate

With the objective of long-term sustenance of wealth created both inside as well as outside India and continuous revenue generation, high net-worth individuals (HNIs) in India have decrypted and adopted innovative methods for asset protection and estate planning. The latest addition to the existing gamut of methods are offshore investments… – Continue reading

European Union: The Future Of Trusts In The Context Of The 4th AML Directive

The following article by Dr Monica Galea John, partner in the Financial Services Department, analyses the manner in which the Fourth EU Anti Money Laundering Directive (the “Directive“) which has just made its way through the EU’s legislation, obliges, for the first time, EU member states to maintain central registers… – Continue reading

Greece’s Third Bailout Measures Agreed

Greek lawmakers and European Union finance ministers have signed off on a third bailout deal, including a diverse range of tax increases and commitments to curtail spending. A memorandum between the two parties, released on the blog of the former finance minister Yanis Varoufakis, acknowledges that the Government has recently… – Continue reading

Public corruption isn’t the only problem robbing Africa of its wealth

A narrative which is now familiar to those working in Africa or who are involved in projects relating to Africa tends to enter into all discussions related to poverty and income disparity on that continent. That narrative, that the poverty and deprivation which exist on the continent are directly attributable… – Continue reading

What we know will be in the Senate inquiry’s interim report on multinational tax avoidance

The Senate inquiry into multinational tax avoidance will table an interim report today detailing some of its findings after holding five public hearings and receiving more than 100 submissions from some of the world’s largest companies including Apple, Microsoft, BHP, Rio Tinto and Google. The final report is due to… – Continue reading

Cayman Islands: Cayman Islands Implementing OECD Common Reporting Standard By October 2015

On 16 June 2015 the Department of International Tax Cooperation (the “DITC“) of the Cayman Islands government announced that it was moving forward with the implementation of the OECD Common Reporting Standard (“CRS“), via the introduction of Cayman Islands domestic law, by October 2015. The CRS represents a significant step… – Continue reading

Worldwide: Governments Continue To Welcome Wealthy Foreigners

With the UK announcing new tax rules for foreigners living in the country, the government has been careful not to damage the country’s appeal to wealthy foreigners. The “non-dom” tax status “plays an important role in allowing those from abroad to contribute to our economy”, says George Osborne, the UK’s… – Continue reading

Islamic banking ‘a possible option’ for BMIO as reorganization plan is implemented

(Seychelles News Agency) – Onshore banking activities, including the possibility of introducing Sharia-compliant banking are being considered for the Seychelles-registered Bank of Muscat International Offshore (BMIO). The Al Salam Bank of Bahrain, which now owns 50 percent shares in the Seychelles-registered Bank is engaging with the Seychelles authorities on the… – Continue reading

Growing trend: Islamic finance goes offshore

The rise of Islamic finance and sukuk issuances have brought with it a growing phenomenon: Shariah banking is increasingly taking advantage of offshore banking jurisdictions, and this for a number of reasons, reports the Gulf Times. Many offshore centres around the world meanwhile offer a wide range of features allowing… – Continue reading

Business Leaders Doubt Global Agreement On BEPS

Only 23 percent of business leaders feel that recommendations from the OECD on base erosion and profit shifting will be successfully implemented, according to the findings of a new survey by Grant Thornton. Three quarters of business leaders would pay more taxes in exchange for greater clarity from authorities on… – Continue reading

Civil society groups in Kenya push for laws to criminalise tax evasion

NAIROBI: The civil society in Kenya wants Parliament to join them in the push to end tax evasion through enactment of laws that enhance compliance from international trade. This, they argue, will boost revenue collection by the State. They say tougher laws will criminalise tax avoidance and spell harsher penalties… – Continue reading

Cayman Islands: Tax Information Exchange – Cayman Islands Court Of Appeal Ruling

Cayman Islands Tax Information Authority v 1. MH Investments, 2. JA Investments – CICA No. 31 of 2013; G391/2012 The Court of Appeal in rejecting the appeal of the Tax Information Authority against the decision of Mr Justice Quinn in MH Investments Ltd and JA Investments Ltd1 has confirmed in… – Continue reading

Businesses seek cross-border tax clarity, but would they really pay more?

Would businesses really be willing to pay more tax if they had more certainty on what is acceptable for cross-border tax planning? According to a recent Grant Thornton International Business Report, three quarters of business leaders would in fact be ready to pony up more taxes in exchange for greater… – Continue reading