Category: Beneficial Ownership

Corruption as political weapon without a solution

A collection of valid points of view 1.The Island Editorial says 2. Further Analysis by Nalliah Thayabharan 3  More observations by Christie 4. Some more observations by Nimal 5. A Possible Solution by NeelaMahaYoda The Island Editorial says; “Opposition presidential candidate Maithripala Sirisena claims that the government leaders’ corrupt deals… – Continue reading

New Study: Crime, Corruption, Tax Evasion Drained a Record US$991.2bn in Illicit Financial Flows from Developing Economies in 2012

Illicit Flows from Developing & Emerging Countries Growing at 9.4% per Year US$6.6 Trillion Stolen from Developing World from 2003-2012; Trade Misinvoicing Responsible for 77.8% of Illicit Outflows China, Russia, Mexico, India, Malaysia—in Declining Order—Are Biggest Exporters of Illicit Capital over Decade; Sub-Saharan Africa Still Suffers Biggest Illicit Outflows as… – Continue reading

FEDS SUE DEUTSCHE BANK FOR TAX FRAUD DATING BACK TO 2000

NEW YORK (InsideBitcoins) — Federal prosecutors with the U.S. Attorneys Office in Manhattan are suing Deutsche Bank, stating that the German bank owes the US Government roughly $190 million in unpaid taxes. The claims of tax evasion stem from gains related to the sale of Bristol-Meyers shares in 2000. Prosecutors… – Continue reading

Leading financial centres ‘must act on corruption’, says watchdog

China and Turkey have fallen in international rankings of perceived corruption, according to a new report released by the Berlin-based anti-corruption watchdog Transparency International (TI).09 Dec 2014 Regulatory Europe Asia Pacific Gulf Africa According to the latest edition of TI’s Corruption Perceptions Index for 2014, which scores countries on a… – Continue reading

B2B: Beneficial Owner of Income: Treaty Benefits and the Introduction of the New Rules

The MT Conferences section did not involve the reporting or the editorial staff of The Moscow Times. Russian business is trembling in expectation of the new year when major changes recently introduced to the tax legislation will enter into force. There has been a lot of discussion regarding the increase… – Continue reading

CORRUPTION PERCEPTIONS INDEX 2014: CLEAN GROWTH AT RISK

CORPORATE SECRECY, GLOBAL MONEY LAUNDERING MAKES IT HARDER FOR EMERGING ECONOMIES TO FIGHT CORRUPTION Corruption is a problem for all economies, requiring leading financial centres in the EU and US to act together with fast-growing economies to stop the corrupt from getting away with it, anti-corruption group Transparency International said… – Continue reading

Corruption on rise in Turkey, China: Transparency Int’l

Corruption is feared to be worsening in China, Turkey and other fast-growing economies, an anti-graft watchdog warned Wednesday, also urging the world’s banking centres to help combat sleaze and money-laundering. Transparency International released its annual Corruption Perceptions Index (CPI), which ranked Sudan, North Korea and Somalia as the worst offenders… – Continue reading

G20 gives Africa the will to deal with tax evasion

To prevent cross-border tax evasion, we endorse the global Common Reporting Standard for the automatic exchange of tax information (AEOI) on a reciprocal basis. We will begin to exchange information automatically with each other and with other countries by 2017 or end-2018, subject to completing the necessary legislative procedures,’’ says… – Continue reading

Russia enacts anti-offshore tax legislation

MOSCOW, Nov. 25 (Xinhua) — Russian entrepreneurs must report to tax authorities about their ownership of shares in the off- shore jurisdictions, according to the law signed by President Vladimir Putin on Tuesday. The new law introduces an amendment to the Russian Tax Code that will force Russian owners of… – Continue reading

Sebi tightens screws on dubious inflows from loosely regulated, offshore entities

MUMBAI: As the market touches a new high, Sebi is clamping down on dubious inflows from loosely regulated, offshore entities, particularly those located in the Gulf. According to a Sebi communique on Monday evening, foreign funds investing on behalf of unknown investors and through opaque structures will now find it… – Continue reading

Latest G20 summit holds no surprises for Cayman

(CNS Business): Following the G20 summit in Brisbane last week questions remain over how much the latest talks on global tax transparency will impact Cayman and other offshore jurisdictions. Despite the bluster from international politicians in the build-up to the summit over clamping down on multinational corporate tax dodging, illicit… – Continue reading

UK: New Trust And Tax Reporting Obligations For UK Resident Non Doms – A Mini UK FATCA?

UK resident non-domiciliaries (RNDs), who have offshore bank accounts and interests in non-UK structures, are currently not required to provide any information about those accounts/structures to HMRC, provided that they claim the remittance basis of taxation in the UK, those accounts do not hold assets which produce UK source income… – Continue reading

Even Non-Owner Signers On Offshore Accounts Face FATCA And FBAR Risks

Each U.S. citizen and permanent resident must report worldwide income to the IRS even when paying taxes elsewhere. Moreover, you must file an annual FBAR (now called FinCEN Form 114) disclosing your foreign bank accounts if their aggregate value exceeds $10,000 at any point during the year. The penalties for… – Continue reading

Shocking tax evasion in the name of a trust!

Mumbai: While the Central Government has expressed its commitment to bring back black money stashed abroad, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) took a first concrete step towards this direction. It recently passed a crucial order in a case where unaccounted money was stashed in LGT… – Continue reading

Base erosion and profit shifting – treaty shopping

The concept of base erosion and profit shifting (“BEPS”) has been much discussed at various international forums including the G20 Finance Ministers and Central Bank Governors meeting in July 2013 in Moscow as well as the G20 Heads of State meeting in September 2013. From a South African perspective, the… – Continue reading

The costs of offshore tax avoidance, part 2

In our previous post, we looked at the ways that global corporations minimise their tax burdens by routing income through offshore tax havens and transfer pricing. The ultimate beneficiaries of these shenanigans, of course, are actual people rather than legal entities. Many of these people also take advantage of offshore… – Continue reading

FATCA: Are Transnational Criminal Networks Influencing US Policy?

The New York Times’ report on prominent American think tanks receiving some $92 million from a minimum of 63 governments since 2011, prompted Rep. Frank Wolf (R-Va.) to ask Attorney General Eric Holder, a long overdue question: “Should think tanks be allowed to take undisclosed donations from foreign governments?” According… – Continue reading

G20 endorses OECD tax avoidance timetable

The latest G20 leaders’ summit in Australia, which ended yesterday, has endorsed the various strands of international tax work being undertaken by the European Commission and by OECD, including work on the Base Erosion Profit Shifting (BEPS) project Prime Minister David Cameron said there had been ‘important breakthroughs’ in making… – Continue reading

Corruption fighters confident for G20 tax haven crackdown

G20 guide: what to expect Brisbane residents will experience “longer travel times” as G20 forces roads and bus stations to be closed in the CBD and South Bank. Autoplay ONOFFVideo feedbackVideo settings G20: full coverage The global coalition against corruption – Transparency International – hopes Sunday’s G20 closing statement in… – Continue reading

ITAT ruling gives a boost to black money fight

MUMBAI: In the first ever ruling relating to taxation of black money stashed in overseas tax havens, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has given the taxman a lot to cheer. Funds aggregating $2.4 million (Rs 11.73 crore approximately) as of December 31, 2001, held in… – Continue reading

Ending corporate secrecy: time for the Government to support Anti-Money Laundering Directive

A new report on tax transparency across 15 EU states highlights hidden profits People in Europe and in developing countries are being robbed. One trillion euro is lost to tax dodging every year in the EU, with billions being lost from developing countries each year for the same reason. It… – Continue reading

Joe Hockey’s constituents not buying the Treasurer’s tough on tax avoidance talk

Treasurer Joe Hockey has made tax avoidance by the world’s largest companies one of the cornerstone issues for discussion by the world’s most powerful leaders at the G20 summit in Brisbane this week – but it appears he still has some way to go to convince those closer to home… – Continue reading

Russia is about to adopt anti-offshore measures

MOSCOW, November 10. /TASS/. Russia is speeding towards the adoption of anti-offshore legislation. The State Duma (lower house of parliament) on Tuesday will hold the first reading of amendments to the Tax Code obliging both individuals and legal entities to notify the authorities of their foreign properties and profits. This… – Continue reading

Black money: ITAT rules against 3 ‘beneficiaries’ holding a/c in Alpine tax haven

MUMBAI: Five years after Germany gave New Delhi a list of Indians with secret bank accounts in the Alpine tax haven Liechtenstein, the first tribunal ruling has gone in favour of the government. The case pertains to three Kolkata-based individuals – Mohan Manoj Dhupelia, Ambrish Manoj Dhupelia and Ms Bhavya… – Continue reading

I-T officials strive to get rid of ‘tax terrorists’ tag

Vivek Prasad, chief commissioner of Income-Tax – III, Mumbai said they were striving to rid themselves of the unwarranted epithet of ‘tax terrorists,’ and said with regards to tax morality, base erosion, profit shifting and GAAR (general anti-avoidance rules) they were on a learning curve and are evolving beyond the… – Continue reading

G20 leaders in the mood to act on tax avoidance after Luxembourg leaks

Ahead of next weekend’s G20 summit, the release of leaked documents showing Luxembourg’s facilitation of industrial scale tax avoidance by multinational corporations could not have been better timed. A cache of documents obtained by the International Consortium of Investigative Journalists, and released on Thursday, found hundreds of companies – including… – Continue reading

China accused of blocking G20 anti-corruption measures

The Chinese government has been accused of blocking key anti-corruption measures ahead of the G20 Leaders Summit in Brisbane. Corruption monitor Transparency International says all the G20 nations except China have agreed on draft beneficial ownership principles seeking to improve the transparency of company ownership and control. Tranparency International’s Maggie… – Continue reading

Min4ister wants to stop country from being used as a tax haven

Government intends to crack down on misuse of Danish companies The minister for business and growth, Henrik Sass Larsen, announced yesterday a new set of law proposals designed to stop Denmark being used as a tax haven. The move comes in the wake of a wave of media attention around… – Continue reading

Black Money – Will Agreement with USA help?

The Writ Petition filed by the NDA Government in mid-October consists of two parts. The first part deals with the issue of Double Taxation Avoidance Agreement [DTAA], the information obtained from Liechtenstein through Germany and confidentiality obligations of Indian Government under the said DTAA. I had dealt extensively on this… – Continue reading

UK aid investments target tax havens

Private sector arm of DfID and other EU development institutions channel significant investments to offshore havens, study finds More than two-thirds of the investments made by the private sector arm of the UK’s aid programme last year were channelled through “notoriously secretive” tax havens, according to a report that calls… – Continue reading

OECD anti-bribery convention signatories must do more

Many leading economies are failing to stop their companies from spreading corruption around the world, NGO Transparency International has warned in its annual progress report on enforcement of the OECD anti-bribery convention. The UK is one of only four countries signed up that is actively investigating and prosecuting companies which… – Continue reading

What will define success at the Brisbane G20 Summit?

It is important that the Brisbane G20 Summit on Nov. 15–16 is a success. In an increasingly integrated global economy, effective forums for economic cooperation are needed. The 2008 global financial crisis was the catalyst for the G20 becoming a leaders’-level forum. The Washington, London, and Pittsburgh summits helped save… – Continue reading

Offshore firms: in the zone

London is an increasingly important hub for offshore law firms, which are winning business from City-based financial institutions, and clients in Russia, western Europe and sub-Saharan Africa. Offshore law firms are constantly evolving, it seems. Traditionally, they operated in one offshore territory: whether the British Crown dependencies of Jersey, Guernsey… – Continue reading

Europe’s tax haven investments in Africa

In front of European Commissioners, leading politicians, chief executives of huge multinationals, senior bank bosses and billionaires, the Egyptian investment tycoon was asked to set the tone of the forum, a three-day lobbying event funded by the EU. Dr Heikal is founder and chairman of Qalaa, an African investment fund… – Continue reading

New agreement signed to clamp down on tax evasion

Some 51 countries, including the UK, have signed a new agreement at the Global Forum in Berlin to automatically exchange tax information, in an attempt to clamp down on tax evasion. Under the agreement, “unprecedented levels” of information, including account balances, interest payments and beneficial ownership, will be shared with… – Continue reading

Black money: SIT seeks probe unit, changes in DTAA

In its first report submitted to the Supreme Court, the Special Investigation Team (SIT) on black money has sought an investigation unit, with the Enforcement Directorate as the nodal co-ordinating agency. The court-appointed SIT, headed by retired Supreme Court judges M B Shah and Arijit Pasayat, has made several recommendations… – Continue reading

Why it’s difficult to bring black money back

The government may have revealed the names of three black money account holders, but will it be able to get the money back or catch big fishes who have stashed the illegal money in tax havens across the globe. As of now it seems impossible. With at least three different… – Continue reading

US-driven quest against money laundering: Standard Chartered to close thousands of UAE accounts

Standard Chartered has notified thousands of UAE small and medium enterprise customers it is closing their accounts as it responds to pressure from US regulators to cut its risks following an anti-money laundering settlement. “We regret to notify you that Standard Chartered Bank will no longer be able to provide… – Continue reading

Texas Billionaire Files for Bankruptcy

DALLAS (CN) – Former Texas billionaire Sam Wyly filed for bankruptcy protection after a federal jury ordered him to pay as much as $400 million for using offshore trusts to hide stock trades.      A noted philanthropist and contributor to Republican causes, Wyly, 77, of Dallas, made his fortune… – Continue reading

Luxembourg: Update Of The OECD Model Tax Convention

On July 15th 2014, the OECD published its 2014 update of the Model Tax Convention (“2014 OECD Update”). This update is the outcome of the work accomplished between 2010 and the end of 2013. It does not however take into account the OECD conclusions of the “Action Plan on Base… – Continue reading

Combating tax evasion: Council agrees to extend automatic exchange of information

The Council agreed last tuesday, at a meeting of the Economic and Financial Affairs Council , on a draft directive extending the scope for the mandatory automatic exchange of information between tax administrations, enabling them to better combat tax evasion and to improve the efficiency of tax collection. The proposal… – Continue reading

Bermuda: Super-Powered Settlors

The reservation or grant of certain powers by settlors has always been possible under Bermuda’s trust law but, historically, there was some uncertainty about exactly how far settlors could go without calling the validity of the trust structure into question. The recently passed Trusts (Special Provisions) Amendment Act 2014 (TAA… – Continue reading

IRS Revises a Limited-Amnesty Program for Offshore Accounts

The Internal Revenue Service announced changes to one of its limited-amnesty programs for U.S. taxpayers with undeclared offshore accounts. The revisions are to the “streamlined procedure,” which was announced in June and is for taxpayers who weren’t intentionally hiding money abroad. Participants in the streamlined program who live in the… – Continue reading

OECD releases finalised proposals on key tax base erosion concerns

Introduction Action 1: the digital economy Action 2: hybrid mismatch arrangements Action 5: harmful tax competition Action 6: preventing tax treaty abuse Action 8: guidance on transfer pricing and intangible assets Action 13: transfer pricing documentation and country-by-country reporting Action 15: developing a multilateral legal instrument Next steps Introduction On… – Continue reading

Five questions Cañete has not yet answered about his family

Miguel Arias Cañete, the Spanish Commissioner-designate for Energy and Climate Change, has left five important questions unanswered during his confirmation hearing in the European Parliament, writes Alicia Gutiérrez. Alicia Gutiérrez is a journalist at the Spanish online media infoLibre. (Translation by Avaaz. Original version here) 1. Has Cañete had any… – Continue reading

Disgorgement Remedy Based on Unpaid Taxes From Wylys’ Securities Trading Profits

Sept. 29 — Samuel Wyly and the estate of Charles Wyly must pay a total of $188 million plus prejudgment interest based on taxes they would have paid on profits from offshore trusts (SEC v. Wyly, S.D.N.Y., No. 1:10-cv-05760, 2014 BL 267268, 9/25/14). Judge Shira A. Scheindlin issued an order… – Continue reading

Hiding Assets Under Pet Names Looks Willful, Even For Lionel Messi With 400 Goals

There is nothing illegal about tax planning. Yet some things are legal while others are not, and the lines can sometimes get fuzzy. Add to that the fact that some people go to extraordinary lengths to avoid paying taxes, and it can be a recipe for disaster. Increasingly, if you… – Continue reading

Trillion Dollar Scandal – the biggest heist you’ve never heard of

The World Bank analysed the world’s biggest corruption scandals over that past two decades. Seventy per cent involved anonymous shell companies Take a guess at how much is lost to developing countries each year through international corruption? $1 billion, maybe $10? Even more? The shocking truth is that $1trn a… – Continue reading