Category: Legislation

Our disappearing sovereignty

U.S. guards at Canada’s rail hubs? April 20 If years from now, we discover that Prime Minister Stephen Harper turned out to be working for the U.S. government, who could be surprised? He almost had Peter MacKay indenture us to Lockheed Martin for 65 ruinously expensive F-35s. When he isn’t… – Continue reading

China: Asia Tax Bulletin – Spring 2015

CHINA Tax Free Reorganisations • With circulars 109 and 116 jointly issued in December 2014 by the Ministry of Finance and the State Administration of Taxation, the Chinese authorities have relaxed the conditions for internal reorganisations. • Circular 109 deals with internal reorganisations. Provided the pertinent requirements are met, the… – Continue reading

We are not a rock-island offshore financial centre, says Mauritius

In response to Pranay Gupte’s story on a story published by Firstpost, the Secretary to the Mauritius cabinet, S Seebaluck, has rebutted some of the points made in the story titled: “Mauritius cracks whip on Muslims, not a’ role model of democracy’ as PM Modi said after all.” The following… – Continue reading

Capital Gains Tax changes could spell trouble for expats owning UK property

Foreign owners of UK property assets are being advised to seek property valuations to avoid falling foul of changes to Capital Gains Tax, writes David Westgate – Managing Director, Andrews Letting & Management CHANGES to Capital Gains Tax for UK property investors based overseas were first announced by George Osborne… – Continue reading

Tax Directors Expect Their Companies to Expand

Tax directors at many organizations anticipate their companies will grow by entering into new domestic and international markets in the years ahead, according to a new survey by BDO USA. In a sign of an improving economy, 50 percent of the 100 tax directors at $1billion-plus public companies surveyed by… – Continue reading

Tax Directors Anticipate Domestic and Cross-Border Growth Over The Next Three Years, According To The Inaugural BDO Tax Outlook Survey

– Rising Cost of Compliance Within The Tax And Financial Regulatory Environment Creates Opportunities For Increased Efficiency – CHICAGO–(BUSINESS WIRE)–As the economy continues to accelerate, many organizations plan to grow by entering into new markets in the years ahead, reveals the first ever BDO USA, LLP Tax Outlook Survey. Fifty… – Continue reading

Canada: Private Client Tax, Third Edition – Chapter: Canada

1. NON-TAX ISSUES 1.1 Domestic law 1.1.1 Briefly describe your legal system and its origins Canada is a federal state, with legislative powers divided between the federal and provincial governments. The federal government has legislative jurisdiction over issues concerning Canada as a whole, including foreign affairs, international trade, banking, telecommunications,… – Continue reading

Experts warn over tax devolution

Scottish Government must work closely with councils to ensure devolution of taxation powers to Scotland brings tax and welfare systems together, according to experts. The Chartered Institute of Taxation (CIOT) also warned draft legislation could have ‘unintended complexities’, leading to double taxation on foreign income and forcing more Scottish taxpayers… – Continue reading

Enhanced regulatory framework for corporate service providers to kick in on May 15

SINGAPORE – An enhanced regulatory framework for corporate service providers (CSPs) to combat money laundering and terrorism financing will take effect from May 15. The strengthened regime for CSPs will help to further boost Singapore’s reputation as a trusted international financial and business centre with robust regulatory frameworks against money… – Continue reading

Stop this egregious injustice: Why a bipartisan tax holiday is just another corporate handout

Corporations like Apple shouldn’t get a sweetheart deal to “onshore” profits, tax expert Scott Klinger tells Salon One of the more consequential paradoxes of American politics concerns the myth and the reality of bipartisan legislation. The myth is that American voters want it, and they want it bad. In fact,… – Continue reading

QROPS for US Residents – FATCA & IRS Compliant

For British pension holders in the US, transferring into a Qualifying Recognised Overseas Pension Scheme (QROPS) is now commonplace. These pension solutions are widely accessible to all US residents or nationals who have accrued pensions from their time working in the UK, and are an invaluable aspect of financial planning… – Continue reading

Rand Paul’s Record Shows He’s a Champion for Tax Cheats and the Wealthy

No member of Congress has been more active in the cause of protecting tax cheaters and tax avoidance by our nation’s wealthiest individuals and corporations than Sen.(now presidential candidate) Rand Paul. While Paul is a standard bearer of anti-tax conservatives through his advocacy of radical policies such as the flat… – Continue reading

Regional co-operation on investment – What does it involve?

CO-OPERATION on investment within the SADC region is an integral part of achieving the overarching objectives of the SADC Treaty. Investment, be it foreign direct investment, cross-border investment or domestic investment is needed to enhance the productive capacity in the region, which is a pre-requisite for increasing trade across borders… – Continue reading

UK tax rules on disguised investment management fees: final legislation published

The UK’s Finance Bill was published on 24 March 2015. It was subsequently enacted on 26 March 2015 without further amendment and became the Finance Act 2015. The “disguised investment management fee” provisions contained in this Act, summarised below, will be effective from 6 April 2015. These rules apply to… – Continue reading

EP this week: tax evasion, Libor scandal, Nato and counter-terrorism

NATO Secretary General Jens Stoltenberg and EU Counter-terrorism Coordinator Gilles de Kerchove visit Parliament this week to discuss security challenges and the EU’s response to terrorist threats. In addition MEPs vote on legislation to increase transparency when setting key interest rates, while the new special committee on tax rulings will… – Continue reading

Petition Demands End to Tax Evasion in Europe

The initiative means to lobby for a harmonization of Corporation Law in Europe to tackle tax evasion and re-fund public spending. About 40,000 Spanish citizens have signed a petition demanding measures against front companies and tax heavens in Europe, explained the activists in charge of the initiative Saturday. Beyond Spain,… – Continue reading

Luxembourg: Luxembourg Government Approves Draft FATCA Legislation

On March 6 Luxembourg’s government adopted the draft legislation transposing into national law the grand duchy’s intergovernmental agreement with the US and facilitating compliance by the country’s financial institutions with the requirements of the Foreign Account Tax Compliance Act. FATCA, which was signed into law in 2010 but only took… – Continue reading

Tax refund advances appeal to more cash-strapped Americans

WASHINGTON (AP) — Cash-strapped Americans anxious for tax refunds are increasingly turning to payment advances, prepaid cards or other costly services when getting tax preparation help, according to new federal data raising concerns among regulators about whether consumers are fully informed about the fees. Regulators are looking to increase oversight… – Continue reading

UK Budget 2015

Earlier today the UK government delivered its last budget before the UK general election in May. Many of the measures were, as one might expect so close to an election, focused on personal rather than corporate taxation. However, below is a summary of some of the business related announcements: Diverted… – Continue reading

Blackmoney Bill in Lok Sabha provides for 10 year jail, 90% tax

Blackmoney stashed abroad will entail a 10 year rigorous imprisonment and a whopping 90% tax under the proposed stringent law that provides for a limited window of opportunity to offenders to disclose illicit wealth and escape prosecution. Blackmoney stashed abroad will entail a 10 year rigorous imprisonment and a whopping… – Continue reading

OECD Supports Swiss Tax Transparency Advances

The Organisation for Economic Cooperation and Development (OECD) has welcomed Switzerland’s recent moves towards greater tax transparency, admitting the country to phase 2 of the peer review process. Jacques de Watteville, head of Switzerland’s State Secretariat for International Financial Matters, said: “We are delighted about this decision. It is the… – Continue reading

Northern Ireland corporation tax devolution backed

Giving Northern Ireland politicians the ability to set the province’s rates of corporation tax will help boost the private sector, a minister has said. Baroness Randerson said the move would allow Northern Ireland’s economy to be “rebalanced” away from over-reliance on the public sector. Her comments came as she introduced… – Continue reading

Tax benefit: SEBI seeks modification in Budget proposals for offshore funds

NEW DELHI, MARCH 16: Market regulator SEBI has suggested certain changes to the conditions stipulated in the Finance Bill for extending beneficial tax treatment to offshore funds investing in India. To encourage fund managers of offshore funds to locate themselves in India, Finance Minister Arun Jaitley had in his recent… – Continue reading

Doha poised to develop Islamic finance in the UK

Many Islamic financial institutions like Qatar Islamic Bank have caught up to their Western counterparts in terms of efficiency and technology and are targetting new clients abroad. Also, given Doha’s expertise in the sector and its close ties with the UK, Qatari banks are well positioned to tap into British… – Continue reading

Seychelles: Seychelles Company – Corporate Environment Summary

Seychelles is one of the most popular offshore jurisdiction, with favourable business regulations, a prosperous economy and a stable political situation. Seychelles IBC, is a limited liability company which conducts its trading and business outside the Seychelles and is intended for offshore activities. It takes up to 2 days to… – Continue reading

More than 3,000 properties in Camden and Barnet held in secret offshore havens

New figures have revealed more than 3,000 properties in Camden and Barnet are registered in secret offshore havens – among the highest numbers in the capital. A leading anti-corruption charity released the data yesterday as it called on the government to implement tough new regulations to increase transparency over property… – Continue reading

India makes big strides: Pakistan seeks to follow new Swiss law on black money

India has made a major breakthrough with Swiss tax authorities, who have agreed to provide information in respect of cases independently investigated by IT department whereas first round of talks have reportedly taken place between Pakistan and Swiss government on revision of Convention for the Avoidance of Double Taxation agreement…. – Continue reading

Deadline dates for automatic exchange of tax information under FATCA and CRS

In previous updates we have alerted clients to the introduction of Cayman Islands regulations1, which give effect to the automatic exchange of tax information principles established by the US and UK intergovernmental agreements (the “Cayman US Regulations” and the “Cayman UK Regulations”, respectively). While many Cayman Islands entities will be… – Continue reading

Set right the tax climate

As recommended by Tax Administration Reforms Commission (TARC) under Parthasarathi Shome, for taxation, the appellate functions must be housed separately from the field functions, in order to have fair and judicious orders passed. Indian Revenue should be divided into two distinct sets—the operational side and the technical/adjudication side. The quasi-judicial… – Continue reading

How to navigate transfer pricing in Brazil; Deloitte advises

São Paulo, Brazil. International transfer pricing is able to take place in Brazil, outside of the OECD While Brazil is not a member of the OECD, many multinational groups there are able to successfully navigate international transfer pricing standards, yielding effective results The economic view of Brazil has always been… – Continue reading

HSBC Sends Letters to US Taxpayers – re: FBAR (Report of Foreign Bank and Financial Accounts)

There are millions of Americans with unreported offshore bank and financial accounts. Under the new FATCA legislation, foreign financial institutions will soon be required to report account holders with ties to the United States. (FATCA is short for the Foreign Account Tax Compliance Act, a 2010 Obama initiative designed to… – Continue reading

As Middle Class Flees, Puerto Rico Tries Luring Rich People

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

FY 2016 Budget Tax Proposals Target Insurance Companies

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

French tax update: new China – France double tax treaty, amendment to Singapore – France double tax treaty, noteworthy tax courts decisions and administrative publications

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

Stakeholders see double taxation as challenge to REITs investment

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

Germany: Stricter Requirements For The Voluntary Self-Disclosure Of Tax Evasion

The German Fiscal Code provides for the possibility of a voluntary self-disclosure of tax evasion. Taxpayers are able to correct or complete their own incorrect tax returns or furnish relevant information previously omitted. In such cases, the taxpayer will be exempt from criminal prosecution for tax evasion in respect of… – Continue reading

Russian lawmakers to consider banning state tenders from offshore companies

MOSCOW, January 13 (RAPSI) – The Russian Government has submitted a bill to the State Duma that would ban state procurement from companies registered in offshore jurisdictions, TASS reports on Tuesday. The provisional bill stipulates that a legal entity registered in a state that provides tax exemptions and does not… – Continue reading