Category: Court cases

This Week in The Bahamas – Commentary by Elcott Coleby: July 19 – 24, 2015

Bahamas Supreme Court rejects Baha Mar’s Delaware chapter 11 application In a ruling by Justice Ian Winder on Wednesday of this week, The Bahamas Supreme Court Denied Baha Mar’s Chapter 11 Bankruptcy Recognition Petition. This paves the way for the Supreme Court to appoint a provisional liquidator on the 31st… – Continue reading

Lawsuit by U.S. Presidential Candidate Challenges the Constitutionality of FATCA

Senator Rand Paul, R-Ky., along with six current and former U.S. citizens living abroad, filed a lawsuit, July 14, in the U.S. District Court for the Southern District of Ohio challenging the constitutionality of the Foreign Account Tax Compliance Act (FATCA) and foreign bank account reporting (FBAR) regime. “FATCA eschews… – Continue reading

Ex-Qualcomm exec gets $500k fine, jail time for insider trading

(MENAFN – The Peninsula) A former high-ranking executive of US computer chip giant Qualcomm was fined 500,000 and sentenced to 18 months in prison Friday for insider trading, US officials said. Jing Wang, 52, the former executive vice president and president of global business operations at Qualcomm pleaded guilty last… – Continue reading

Will not use coercive methods to recover MAT from FIIs: CBDT chairperson Anita Kapur

CBDT chairperson Anita Kapur said that the income tax department will ensure that chronic evaders are not able to get away without facing court cases. The Central Board of Direct Taxes (CBDT) on Tuesday said that the tax department will not resort to coercive methods to recover the minimum alternate… – Continue reading

Canada: The Estate Planner: The Effective Use Of Trusts In Connection With Income Splitting – Part IV Of IV

Part I of this series of articles reviewed some of the basic tax requirements for using trusts to split income, Part II discussed a number of tax planning opportunities that can be accessible through the use of trusts, and Part III reviewed traditional testamentary trust income splitting planning and the… – Continue reading

Modi’s goal of a tax-friendly India faces the hurdle of manpower

New Delhi/Mumbai: India’s goal of a friendlier tax regime for global companies to help power China-beating economic growth is hitting a manpower hurdle. Fewer than 20 officials face the complex task of working with hundreds of multinational companies (MNCs) on pacts to avert tax rows, people familiar with the matter… – Continue reading

U.S. Tax Informant Dodged Prison, Now Seeks $22 Million Reward

A businessman caught in a money-laundering sting helped the U.S. prosecute a foreign business — and now he’s seeking $22.2 million from the government as a reward. The U.S. Tax Court ruled Tuesday in favor of the informant, allowing his claim to proceed after the Internal Revenue Service earlier denied… – Continue reading

Former J.P. Morgan Chase banker sentenced for role in commercial bribery, tax-evasion scheme

SAN DIEGO – A former J.P. Morgan Chase banker was ordered today to serve six months in prison for her role in a commercial bribery and tax-evasion scheme. While handing down the sentence to 51-year-old Lynda Sanabria in a San Diego courtroom, U.S. District Judge Roger Benitez also ordered her… – Continue reading

John Malkovich Sues Over Swiss Account Allegations

Actor John Malkovich has sued the French daily paper Le Monde over false reports saying he had a secret Swiss account. The defamation suit is the latest proof that having an undisclosed account in Switzerland—or perhaps anywhere—is an embarrassment for anyone. Whether politician, public figure, or anyone else, no one… – Continue reading

Switzerland: Landmark Judgments Regarding The Refund Of Swiss Withholding Tax

INTRODUCTION On May 5, 2015 the Swiss Federal Supreme Court held a public hearing about two cases relating to the reclaim of Swiss withholding tax (WHT) in connection with arbitrage cases and issued its long awaited decisions. Two Danish banks issued the question on treaty entitlement for the refund of… – Continue reading

Sofia City Court returns the Prosecutor’s Office indictment against prominent Bulgarian politician

Sofia. Judicial proceedings against Bulgarian politician Hristo Biserov is terminated and returned to the Prosecutor’s Office to remove breaches in the factual part, the press office of Sofia City Court announced. The order is subject to appeal and protest before the Sofia Court of Appeal in 7 days of service… – Continue reading

Tax probes frustrate EU competition chief

Cracking down on sweetheart tax deals with multinational corporations is proving more difficult than the European Commission had anticipated. Delays, uncooperative member states, and missed deadlines are among the frustrations highlighted Tuesday (5 May) by the EU’s competition chief, Margrethe Vestager. Speaking at a special committee on tax rulings at… – Continue reading

EU delays decisions on Apple, Amazon tax probes

BRUSSELS–The European Union won’t meet a self-imposed June deadline for deciding whether four multinational companies including Apple Inc. and Amazon.com Inc. benefited from illegal tax sweeteners, the bloc’s antitrust chief Margrethe Vestager said Tuesday. “We won’t meet the deadline we set ourselves [of] the end of the second quarter,” Ms…. – Continue reading

HSBC Judge Seeks More Information About Sanctions Compliance

A federal judge demanded to know more about HSBC Holdings Plc’s compliance with its trade sanctions and anti-money-laundering deal with the U.S. after a monitor said the bank was “too slow” to mend its ways. U.S. District Judge John Gleeson in Brooklyn, New York, ordered the government to file a… – Continue reading

International organizations poised to impact presidential race

With a new candidate seemingly entering the race for president each week, national attention is understandably focused on American politics. But while Americans spare little mind for the goings-on of international organizations, their activities not only have significant impact around the world, but could also play a role in the… – Continue reading

MAT tangle: 5 foreign portfolio investors including National Westminster Bank, BNP Paribas, take I-T department, government to court

MUMBAI: Five Foreign Portfolio Investors (FPIs) on Thursday mainly from the US and the UK have dragged the Indian government and the Income Tax department to the court for levying Minimum Alternate Tax (MAT) on their capital gains for the year 2011-12. The five FPIs — National Westminster Bank Plc,… – Continue reading

Conrad Black loses bid to have Supreme Court of Canada hear case over millions in back taxes

The Supreme Court of Canada has dismissed Conrad Black’s bid to have his multi-million-dollar battle with the Canada Revenue Agency over back taxes heard by the country’s highest court. The Supreme Court of Canada has dismissed Conrad Black’s bid to have his multi-million-dollar battle with the Canada Revenue Agency over… – Continue reading

Bermuda: Bermuda’s Trust Law: Ticking All The Right Boxes

With the Transcontinental Trusts Bermuda Forum taking place next week, it is timely to reflect on some of the attractive features and structuring alternatives that Bermuda’s trusts and related law provides and to consider some recent exciting developments. Bermuda provides a flexible, cost effective regime for the formation and administration… – Continue reading

Corporate Investigations & White Collar Defense – April 2015

In This Issue: • It’s Stifling in Here! SEC Rules That Companies Can’t Put Restrictive Language in Confidentiality Agreements That Could Potentially Stifle Whistleblowers • An Opinion on Opinions: U.S. Supreme Court Decision in Omnicare • Is OFAC the New Black? Schlumberger and PayPal—The Rise in the Enforcement of Sanctions… – Continue reading

Foreign Investors and India’s Tax Men Are Clashing Anew: Q&A

Nothing is certain in India except death and tax disputes. Ask foreign portfolio investors: they now face demands for past dues of as much as $6.4 billion. The wrangle stems from the Minimum Alternative Tax, or MAT, which officials say leads to a 20 percent levy on capital gains by… – Continue reading

DOJ Announces First Non-Prosecution Agreement Under the Swiss Bank Program

On March 30, 2015, the U.S. Department of Justice (DOJ) announced that it reached the first non-prosecution agreement under the Swiss bank program with BSI, S.A. (BSI). BSI, one of Switzerland’s ten largest banks, has agreed to pay $211 million in fines and cooperate in any related civil or criminal… – Continue reading

Here’s Why HSBC Holdings Plc (ADR) (HSBC) Is In Trouble

Legal problems have caused a serious strain on the credibility of Europe’s biggest bank HSBC Holdings plc (ADR) (NYSE:HSBC), which is currently up by 0.34% and trading at $44.69, has found itself at the center of a series of serious legal and possibly criminal tangles in recent years. Tax evasion,… – Continue reading

Auditors are not forensic investigators – Booker

Changes are in the pipeline which will have a dramatic impact on the way that auditing firms handle public-interest entities (PIEs) as from December 2016 – but Deloitte CEO Malcolm Booker is very wary about how this could work in practice. According to the legislation, auditors would have to enter… – Continue reading

Google, Apple tax crackdown will fail without US support

Jurisdictional issues will limit success. It’s no secret that companies including Apple, Google and Amazon, seem to pay less than their fair share of tax in Australia. Despite booking huge revenues from sales to Australian customers they are able to reduce their profits in this country by shifting profits to… – Continue reading

Swiss Asset Manager Admits He Helped Americans Evade Taxes

(Bloomberg) — A former Swiss asset manager pleaded guilty to helping U.S. clients hide millions of dollars in offshore accounts and avoid paying federal income taxes. Peter Amrein, 53, a Swiss citizen, told U.S. District Judge Sidney Stein in Manhattan Tuesday that from 1998 to 2012 he helped Americans evade… – Continue reading

Russia extends deadline for reporting Controlled Foreign Companies (CFC)

[NEW YORK] A Swiss asset manager pleaded guilty on Tuesday to participating in a scheme to help US citizens hide millions of dollars in Swiss bank accounts and evade paying taxes. Peter Amrein, 53, entered his plea in Manhattan federal court to conspiring to defraud the United States and Internal… – Continue reading

Aussies working in Hong Kong should avoid these tax traps

Australians working in Hong Kong should be aware of the various complexities that affect their residency, super and tax status. Going overseas to work is a grand adventure for many professionals. But the way income earned outside your home country is taxed is a complex area, and it’s worth seeking… – Continue reading

Slimming The Fat Linked With Fatca

Attorney-at–Law and Compliance Specialist We are living in a time where the tax landscape facing the Bahamian financial services industry is changing and evolving rapidly. On November 3, 2014, the Government executed a Model 1 Intergovernmental Agreement (IGA) with the US government to implement the latter’s Foreign Account Tax Compliance… – Continue reading

Calgary men guilty of defrauding feds of $14 million in RRSP scam

Two Calgary men have been convicted of defrauding the federal government of $14.1 million in taxes that should have been paid on registered retirement plans, in which the money was used for offshore investments. Steven Kendall and Christopher Houston were found guilty on Wednesday on one of four charges by… – Continue reading

Adjudication forwards Q-Mobile tax evasion case to Preventive Karachi

KARACHI: The Pakistan Customs adjudication has forwarded the Q-Mobile tax evasion case to the Model Customs Collectorate (MCC) Preventive, Karachi for seeking legal and technical reference from the Federal Board of Revenue (FBR). The adjudication department, during the hearing, has completely redundant the view point of MCC-Multan, because as per… – Continue reading