Category: Statutory

Hong Kong Gazettes Private Equity Fund Tax Break

Hong Kong’s Government brought into effect the promised extension of the profits tax exemption for offshore funds to private equity funds, by publishing in the Gazette on July 17 the Inland Revenue (Amendment) (No.2) Ordinance 2015. A government spokesman said: “With the implementation of the Amendment Ordinance, transactions conducted by… – Continue reading

News Analysis: Long way to go for harmonized corporate tax policies within EU

THE HAUGE, July 20 (Xinhua) — The Dutch-German agreement to enhance the exchange of information on tax rulings was “an important step” towards greater transparency, but there is still a long way to go before reaching common ground on harmonized corporate tax policies within the European Union (EU), according to… – Continue reading

Colliers’ Chinese ad for Auckland apartments talks up soft rules: ‘NO stamp duties and property purchase tax, NO capital gains tax’

New Zealand’s lack of overseas investment regulation is being promoted in Shanghai and Hong Kong to help sell apartments rising on the site of the country’s best-known record store. “NO stamp duties and property purchase tax, NO capital gains tax on residential property if sold after two years of holding,”… – Continue reading

Global Reform of Tax Systems to Hit Insurance Industry: London’s IUA

A sweeping global reform of tax systems is under way and will have profound implications for the insurance industry, the London-based International Underwriting Association has warned. Responding to public concerns about tax evasion, the G20 major economies have ordered a major shift towards greater cooperation between tax authorities. This work… – Continue reading

Tax disclosure programme has some flaws, say experts

HE Voluntary Disclosure Programme introduced in 2012 to encourage taxpayers to regularise their affairs has some flaws that need addressing to be able to expose the real amount of money that has left SA illegally. Tax experts warn that the process in SA is relatively expensive, there are uncertainties because… – Continue reading

European Union: EU Approves 4th Anti-Money Laundering Directive

After almost a year of wrangling, the EU Council and the European Parliament have finally reached an agreement on a new Anti-Money Laundering Directive. The 4th AML Directive expands the scope of its predecessor (which was adopted in 2005, before the global banking scandals and the push towards tax transparency)… – Continue reading

Worldwide: Voluntary Disclosure Programmes – Private Foundations: The Problem Stated

A number of jurisdictions (including the US, the UK and Italy) have launched voluntary disclosure (‘VD’) programmes. A substantial number of cases involve private foundations, typically legacy structures based in Liechtenstein and Panama. As the concept of foundations is alien to common law, their tax treatment raises delicate issues in… – Continue reading

GAAR provision to make way into India-Mauritius treaty

India and Mauritius are set to limit the benefits of their double tax avoidance agreement (DTAA) to only genuine businesses bringing foreign direct investment to India by inserting a new clause in the treaty straight from New Delhi’s yet to be implemented General Anti-Avoidance Rules (GAAR). The revised treaty, however,… – Continue reading

I-T department launches investigation against 90 companies for money laundering

The tax department has launched an investigation against 90 companies for possible evasion, money laundering and for converting black money into “white” through a series of transactions in little-known shares, commonly called penny stocks. Sources said this is a massive scam which the department is probing and is the latest… – Continue reading

India: Recent Developments Regarding Minimum Alternative Tax

Over the past few months, several foreign portfolio investors registered in India have received notices from the Indian tax authorities demanding payment of Minimum Alternate Tax in respect of transactions which took place over the course of prior assessment years. The Indian Government has indicated that it could raise several… – Continue reading

Industrialized Countries Accused of Blocking Developing Countries from International Tax Effort

The U.S., Japan and Europe are being accused of blocking developing countries from participating in efforts to combat international tax evasion. Policymakers have been gathered this week in Addis Ababa, Ethiopia for the 3rd Financing for Development Conference, where discussions have been underway about ways to combat corporate tax evasion…. – Continue reading

Modi government may soon clarify tax rules for permanent establishment

MUMBAI: The government may soon clarify tax rules making it easier for fund managers operating large India-dedicated funds to set up an office in the country, four months after finance minister Arun Jaitley announced in the budget about the government’s intentions to do so. The finance ministry and the central… – Continue reading

The French 3 Percent Distribution Tax: Claiming a Refund

Since December 2012, French companies have been liable for a 3 percent tax on distributions to their shareholders (3 Percent Tax), but practitioners have widely questioned whether this tax is compliant with the provisions of the EU treaties and the double tax treaties signed by France. French subsidiaries whose parent… – Continue reading

Alex Malley: Key goes in to bat for imputation credits

The Government’s submission to the “Re:think” tax white paper process under way in Australia highlights the lack of mutual recognition of imputation credits as the most significant barrier to a seamless transtasman market and calls for visionary political leadership. Prime Minister John Key displays the very leadership he’s calling for,… – Continue reading

Recent IRS policy shift requires taxpayers to reevaluate decisions made as to previously undisclosed offshore accounts and assets

The US voluntary disclosure landscape has changed dramatically over the last 12 months. As a result, the options to voluntarily disclose previously unreported offshore accounts and assets have evolved to allow unprecedented relief for a broader group of US taxpayers. This is particularly true for those whose mistakes were inadvertent,… – Continue reading

Worldwide: Privacy: What’s Left?

A seismic change in the international private wealth arena is under way. Over 90 jurisdictions have committed to automatically exchange comprehensive financial information on an annual basis under the OECD’s Common Reporting Standard (CRS). The CRS will start in 2016 in over 55 jurisdictions. This article comments on the CRS… – Continue reading

Lisbon treaty: Technical briefing with NDR

Portugal is an increasingly desirable destination, thanks to its tax-friendly stance. Portugal may not be top of everyone’s list in terms of tax-friendliness, particularly given the recent backdrop of the recession and bail-out, but it does have a history of running successful tax-friendly programmes, for example the Madeira and Azores… – Continue reading

Key pillar of the Beps process is to align profit with value creation

OECD guidance needs to be clear otherwise the process could favour the bigger nations In Paris last week, as Angela Merkel and Francois Hollande discussed events in Greece, the international tax system was being discussed in an underground meeting room at OECD headquarters. For almost two days tax authority delegates… – Continue reading

Dirty Dealing: China and International Money Laundering

In the midst of turmoil in the Chinese stock markets, one serious problem that may appear is increased currency outflows created by current and potential investors who would rather move their assets to foreign countries viewed as safer havens. Money laundering should be under close surveillance. Chinese involvement in money… – Continue reading

Ingenious, HSBC, UBS and Coutts sued by ‘tax avoidance’ clients

Private client banks such as Royal Bank of Scotland’s Coutts, HSBC and UBS have been sued by clients for wrongly advising them to invest in film investment specialist Ingenious as its schemes have since been labelled by tax authorities as tax-avoidance vehicles. Ingenious Media and around 50 other associated financial… – Continue reading

India: recent developments regarding Minimum Alternate Tax

Over the past few months, several foreign portfolio investors registered in India have received notices from the Indian tax authorities demanding payment of Minimum Alternate Tax in respect of transactions which took place over the course of prior assessment years. The Indian Government has indicated that it could raise several… – Continue reading

Tanzania: Double Taxation Agreements Support Investors

One of the most immediate and obvious consequences of globalisation is the impact of domestic tax policies in other countries on the economy of Tanzania. This has necessitated the continuous evaluation of the tax regime in Tanzania and brought about crucial fiscal and economic reforms in the country. Hence, the… – Continue reading

Tax evasion and money laundering reports against Mara Inc

Australian authorities urged to undertake prosecution of those linked to property purchases KUALA LUMPUR: Three activist groups have lodged reports with Australian authorities to investigate overpriced property purchases in Melbourne by a Mara subsidiary for possible prosecution on grounds of tax evasion and money laundering. The three groups are National… – Continue reading

Uncertainty over ‘Brexit’ likely to delay investment in UK, Irish IDA chief warns

Multinationals were probably waiting for result of British referendum on EU before deciding where to locate, says head of Irish investment authority Global corporations will think twice about investing in the UK while uncertainty reigns over Britain’s European Union membership, according to the head of the Irish state body that… – Continue reading

Australian miner accused of dodging tax in world’s poorest country

Tax avoidance tactics of multinational companies have angered Australians, but an Australian mining firm used such methods in Malawi. Tax avoidance tactics of multinational companies have angered the public and placed pressure on the Abbott government to prevent profits being exported offshore. But an Australian uranium miner is defending the… – Continue reading

Abbott government accused of watering down language on tax evasion ahead of Finance for Development meeting

The Abbott government has been accused of trying to water down language on tax evasion in a crucial document ahead of the UN’s Finance for Development meeting in Ethiopia next week. The Third International Conference on Financing for Development will be held in Addis Ababa, Ethiopia, from Monday next week…. – Continue reading

Luxembourg maintains triple AAA

(CS) Fitch Ratings has kept its AAA rating of Luxembourg with a stable outlook unchanged, leaving the Grand Duchy one of only nine countries worldwide to hold the top rating by the three leading agencies. Luxembourg has also been rated AAA with a stable outlook by Standard & Poor’s and… – Continue reading

Wealthy City investors sue finance firm Ingenious over film investments

Wealthy City investors are suing finance firm Ingenious along with banks Coutts and HSBC over the billion-pound film production schemes that Revenue & Customs has labelled tax avoidance vehicles. More than 100 investors, including Ken Costa, former chairman of investment bank Lazard, and Christian Hess of investment bank Investec, have… – Continue reading

Negotiations on DTAA between India and Mauritius in advanced stages: Revenue Secretary

Finance Ministry has informed that the negotiations on the double taxation avoidance agreement (DTAA) between India and Mauritius are in advanced stage and the pact would be revised soon. Revenue Secretary Shaktikanta Das has said that “DTAA treaty (with Mauritius) is in very advanced stage of negotiation. It is progressing… – Continue reading

US Senate’s international tax reform working group has spoken… sort of…

On July 8, 2015, the International Tax Reform Working Group, which is co-chaired by Senators Rob Portman (R-OH) and Chuck Schumer (D-NY), released its long-awaited report that Senate Finance Committee Chairman Orrin Hatch (R-UT) has said is the precursor to comprehensive tax reform in the United States. What does the… – Continue reading

Justice Department Announces Two Banks Reach Resolutions under Swiss Bank Program : Banque Pasche SA Will Pay $7.229 Million Penalty and ARVEST Privatbank AG Will Pay $1.044 Million Penalty; Both Continue to Cooperate With Department of Justice

Washington, DC—(ENEWSPF)—July 9, 2015. The Department of Justice announced today that two banks, Banque Pasche SA and ARVEST Privatbank AG, have reached resolutions under the department’s Swiss Bank Program. “Banque Pasche and ARVEST have provided detailed information regarding the ways in which Swiss banks helped U.S. taxpayers conceal foreign accounts… – Continue reading

Swiss Poised To Support Greek Tax Amnesty

Swiss Poised To Support Greek Tax Amnesty by Matthew Allen, swissinfo.ch Struggling to pay off more than €300 billion (CHF313 billion) in debts, Greece is banking on Switzerland to help it recover a treasure trove of undeclared assets that tax cheats have stashed in alpine vaults. But anti-tax haven campaigners… – Continue reading

Proposed UK Non-dom Tax Changes, No Need to Panic

Shipping should not panic in wake of proposed U.K. non-dom tax changes, Moore Stephens says Shipowners likely to be affected by wide-ranging changes to the taxation of non-U.K.-domiciliaries introduced in the U.K. Summer Budget have been urged not to panic by international accountant and shipping adviser Moore Stephens, which says… – Continue reading