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
NUMBER OF THE WEEK: 3,415. The number of people who renounced their citizenship in 2014 according to IRS data. This is one of the five highest totals on record since the U.S. Congress passed the Foreign Account Tax Compliance Act in 2010. In the past five years, more than 10,000… – Continue reading
HM Revenue & Customs has defeated in the Court of Appeal a tax avoidance scheme which made false investments into Disney films. Eclipse 35 claimed to trade in film rights but has been defined as a tax avoidance scheme by UK courts. HMRC said an estimated £635m in tax has… – Continue reading
Last month, President Obama traveled to India where he famously befriended Narendra Modi and others. There, he heralded a new era of joint cooperation on many fronts, including the exchange of offshore account information. Last week, US Treasury Secretary, Jacob Lew was in India to follow up and meet with… – Continue reading
NEW DELHI: The government plans to defer implementation of the General Anti Avoidance Rules (GAAR) until the time the tax administration is able to rebuild trust with companies on the controversial issue. “Given the low level of confidence in tax authorities, investors fear that the provisions may result in harassment…. – Continue reading
If the Davis tax committee’s recommendations are followed, tax avoidance could be effectively reined in. Zeroing in on the super-wealthy and tax reluctant remains at the top of the global agenda as budgets across the world grow increasingly hungry for extra revenues. Now a draft report from the Davis tax… – Continue reading
NEW DELHI: Committing to boost trade ties, India and the US today resolved to enhance cooperation, remove obstacles to investment flows and work towards early adoption of FATCA to facilitate automatic flow of tax information. “We are committed to share our experiences in tackling offshore tax evasion and avoidance. We… – Continue reading
(Bloomberg) — The backlash against acquisitions meant to skirt U.S. tax laws could spur more midsize U.S. drugmakers to sell to overseas buyers, Bill Ackman, the billionaire activist hedge fund manager, said Thursday. Takeover activity in 2014 was highlighted by U.S. companies — including Medtronic Inc. and Pfizer Inc. —… – Continue reading
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
Private Sector Key KUWAIT CITY, Feb 11: The Parliament on Wednesday approved the development plan for fiscals 2015/2016 to 2019/2020 in its first and second readings with 33 votes in favor, four against and one abstention. It also approved the 20th report of the Finance and Economic Affairs Committee on… – Continue reading
The International Chamber of Commerce (ICC) joined discussions today with G20 Finance Ministers and Central Bank Governors to set priorities for continued economic growth during the Turkish G20 presidency. As part of Turkey’s G20 platform for inclusiveness, implementation, and investment – the three I’s of the government’s G20 2015 presidency… – Continue reading
After several years of delays, the Foreign Account Tax Compliance Act (FATCA) finally took effect on July 1, 2014. Congress enacted FATCA as part of the Hiring Incentives to Restore Employment Act in 2010 to stop U.S. taxpayers from evading U.S. taxes through undisclosed offshore accounts and investments. FATCA requires… – Continue reading
A source from FPT Group said this group’s revenue was estimated at VND35.11 trillion last year, up 23% against the previous year and 10% higher than targeted. But its profit fell by 2% to around VND2.46 trillion. The shrinking online game segment and difficulties related to information technology projects on… – Continue reading
Government’s updated strategy aims to add 10,000 jobs to Dublin ’s international financial hub When the International Financial Services Centre began life in 1987 it had just three companies, employing 55 people. If a strategy drawn up for the Government comes to fruition, some 10,000 direct net new jobs will… – Continue reading
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
LEND Lease has denied claims it shifts profits from Australia through tax havens such as Luxembourg in its submission to the Senate Inquiry into Corporate Tax Avoidance. Lend Lease was named last year in the “Lux Leaks” scandal, in which former employees of PricewaterhouseCoopers in Europe blew the whistle on… – Continue reading
Croatia and the UK have signed an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital gains. The Agreement was duly signed on January 15th, 2015 and it shall enter into force when both countries complete their… – Continue reading
(Reuters) – U.S. federal prosecutors have launched a new probe into whether Swiss bank UBS AG helped Americans evade taxes through investments banned in the United States, the Wall Street Journal reported, citing people familiar with the investigation. UBS, which paid $780 million in 2009 to settle a separate Justice… – Continue reading
On February 2, the Obama Administration released its fiscal year 2016 budget (FY 2016 Budget). The hallmarks of the FY 2016 Budget are proposals that would impose (i) a minimum tax on the current foreign earnings of U.S. corporations and their controlled foreign corporations (CFCs) and (ii) a one-time 14%… – Continue reading
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
The ARIA Investment Platform has launched a range of portfolio strategies on its investment platform aimed at US Investors caught by increasingly tough legislation. The Cautious Income Balanced and Adventurous Strategies are advised by Parala Capital, based on its Parala Macro Multi-Asset Allocation strategies, and are available on the ARIA… – Continue reading
The draft legislation published on 10 December 2014 (see here) devotes almost 30 pages to the new “diverted profits tax” (DPT), which from 1 April 2015 will introduce a new tax at a rate of 25% to profits generated by those multinational corporate groups who, in the eyes of the… – Continue reading
SUMMARY On February 2, 2015, the Obama Administration (the “Administration”) released the General Explanations of the Administration’s Fiscal Year 2016 Revenue Proposals (commonly known as the “Green Book”), which contains significant detail about the fiscal year 2016 revenue proposals. This memorandum discusses certain aspects of the Green Book relating to… – Continue reading
According to an estimate by the European Commission, the EU is at least 1,000 billion euros out of pocket because of tax evasion and avoidance. A major problem related to tax evasion is that in many cases it does not involve any illegal activities but is regarded as tax planning… – Continue reading
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
MUMBAI: The hunt for black money stashed abroad is moving beyond Liechtenstein and Switzerland. Over the last fortnight, at least ten individuals — all from Mumbai and holding shares of companies in the Caribbean tax haven British Virgin Islands (BVI) — have been told by the Enforcement Directorate (ED) to… – Continue reading
Government minister Laurence Skelly has spoken of his hopes for ‘social investing’ in the island after he was invited to a high-profile gathering in Downing Street. Social investment is finance that generates social as well as economic returns. Mr Skelly, who is in the hot seat at the Department of… – Continue reading
Cash reserves held outside the US for tax reasons by US multinationals are “likely to fuel a big increase in M&A activity over the next year”, said Eloise Walker a tax expert at Pinsent Masons, the law firm behind Out-law.com.30 Jan 2015 Corporate Tax Corporate tax International tax M&A Advanced… – Continue reading
NEW DELHI: PHD Chamber of Commerce and Industry on Tuesday asked the government to implement the General Anti Avoidance Rules (GAAR) from April 1, 2016 instead of April this year. The government had earlier proposed imposing GAAR from April 1, 2015, for those claiming tax benefit of over Rs 3… – Continue reading
The tax regime applicable to non-UK investors in UK commercial real estate continues to be relatively generous. The tax on acquisition is low and there is generally none on disposal. Moreover, tax on income would generally be charged at the basic rate of 20% and this liability is capable of… – Continue reading
Puerto Rico’s Acts 20 & 22, tax incentive laws aimed at luring wealthy American investors to move there and at reviving the Island’s economy, are celebrating their third anniversary this month. While Puerto Rico’s economic situation remains bleak (it currently has more than $73 billion of “junk” status debt, unemployment… – Continue reading
Fatca registration, which is mandatory, could reveal technical violations of three other American laws, with penal consequences The Foreign Account Tax Compliance Act (Fatca) might be a bigger headache for the Rs 11 lakh-crore-mutual fund (MF) sector than earlier believed. Fatca is an American legislation, under which financial institutions (FI)… – Continue reading
The Chinese Ministry of Commerce has released the draft of the proposed new Foreign Investment Law to solicit public opinions. The proposed law will significantly reduce barriers to foreign investment, while increasing scrutiny of foreigners trying to evade the regulations on investing in restricted industries. The draft law proposes five… – Continue reading
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
Fiji has proposed a Double Taxation Avoidance Agreement with Sri Lanka. The Fijian Attorney-General and Minister for Finance, Aiyaz Sayed-Khaiyum, confirming this said a draft agreement will be sent to Sri Lanka to initiate the discussions. Mr Sayed-Khaiyum met with the Sri Lankan Minister for External Affairs Mangala Samaraweera this… – Continue reading
Companies and U.S. citizens shifting profits and income offshore are bilking the U.S. government out of $100 billion in tax revenue a year, according to a new analysis by a congressional research group. Those using offshore tax havens to skirt paying taxes cost the U.S. government “around $100 billion per… – Continue reading
MUMBAI: The Reserve Bank today reviewed rules for foreign investment by proprietary companies and partnerships, introducing caps on such investments among other measures. The amount to be invested should not exceed 10 per cent of the average of last three years’ export realisation or 200 per cent of the net-owned… – Continue reading
SINGAPORE (Jan 22): Keppel Corp posted a 6% rise in 4Q earnings to $726 million, or 39.9 cents per share. This was 6% above the $684 million recorded in 4Q13, led by higher pre-tax profit from most of its divisions. For the full year FY14, earnings fell 19% to $1.39… – Continue reading
Stakeholders in Real Estate Investment Trusts (REITs) have identified double taxation as challenge to investment in the sector, even as they clamour for enabling legislation. In order to make the Real Estate Investment Trusts (REITs) a tax-effi¬cient vehicle for invest¬ment, there is an urgent need for an enabling leg¬islation, they… – Continue reading
In his state of the union address last night President Obama urged U.S companies to repatriate all those profits hiding off-shore and away from the prying eyes of the IRS. Ed Mills, Managing Director at FBR Capital Markets summed it up in his morning note: The President called on Congress… – Continue reading
Voltaire wrote “If you see a Swiss banker jumping out of a window, follow him, there is sure to be a profit in it”. Following this train of thought India is seen to be ruined by a cartel of Swiss bankers, terrorists and corrupt industrialists. Unlimited black money is apparently… – Continue reading
Both the OECD and the EU are exploring options to change how digital businesses are taxed, while NGOs are stepping up their pressure on tax authorities to challenge large companies’ transfer pricing arrangements. No matter how robust your digital business’s transfer pricing arrangements appear to have been in the past,… – Continue reading
Voltaire wrote “If you see a Swiss banker jumping out of a window, follow him, there is sure to be a profit in it”. Following this train of thought India is seen to be ruined by a cartel of Swiss bankers, terrorists and corrupt industrialists. Unlimited black money is apparently… – Continue reading
The Tax Story in 2015: Myths, Misconceptions and Reality Checks by Aswath Damodaran, Musings on Markets Each of us believes that we pay our fair share in taxes and that it is other people that do not, and not surprisingly, we find evidence to back up our priors. I find… – Continue reading
As significant changes take effect with pensions, offshore tax evasion and property, 2015 looks like it will be an interesting year. However, there are still opportunities to be found despite the ongoing upheaval. As we all start a fresh new year, many advisers will be starting to think about the… – Continue reading
LuxLeaks revelation shows that the company 3, which has over one million customers in Denmark, hasn’t paid Danish taxes. The company insists it has followed “the ppropriate tax rules” and defends its investments in Denmark. EU commissioner to use Luxleaks docs (21 Nov 14) Danish firms in ‘fairyland’ tax deals… – Continue reading
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
Having abandoned its policy of capping the Swiss franc’s value versus the euros, the Swiss National Bank needs a Plan B for blocking the destructive, deflationary forces emanating from Switzerland’s struggling neighbors in the eurozone. Most likely, it will consist of allowing Swiss banks to charge negative interest rates to… – Continue reading
A recent clarification issued to Foreign Portfolio Investors (FPIs) clarified that fund managers of FPIs who are present in India would not be treated as permanent establishments in India, addressing the concern that the FPIs may be taxable in India to the extent attributable to permanent establishments. An extension of… – Continue reading
Jan 19 (Reuters) – Chinese companies that have borrowed heavily in dollars face sharply higher currency hedging costs at a time when the yuan’s rising volatility means they need to hedge more. The yuan unexpectedly weakened 2.4 percent against the dollar in 2014, its first significant loss since the landmark… – Continue reading
