Category: Regulatory

Common Reporting Standard start date fast approaching

The start date for the Common Reporting Standard (CRS) in early adopting countries is approaching fast, with financial institutions required to begin new account on-boarding procedures from 1 January 2016. CRS requires financial institutions in participating jurisdictions to identify account holders who are tax resident in other participating jurisdictions and… – Continue reading

Common Reporting Standard – Lining up for take-off

On Tuesday 15 December, Deloitte Luxembourg gathered around 150 business professionals from various sectors at Utopolis to this year’s last episode of the conference cycle covering the full spectrum of the Common Reporting Standards (CRS). While cinema technicians were preparing the premiere of the new Star Wars movie next door,… – Continue reading

Ireland: Country-by-country legislation is enacted

The president of Ireland on 22 December 2015 signed into law Finance Act 2015 that includes rules following the OECD’s recommended country-by-country (CbyC) reporting requirements. The Finance Act provision closely mirrors the OECD’s suggested model legislation. For fiscal years beginning on or after 1 January 2016, multinational groups whose ultimate… – Continue reading

Multilateral Competent Authority Agreement (MCAA)

On 17 December 2015, China signed the Multilateral Competent Authority Agreement, confirming its commitment to implement automatic exchange of financial account information in time to exchange in 2018. Many jurisdictions are now updating domestic legislation to ensure that financial institutions report information on financial assets held by non-residents. Financial information… – Continue reading

Protecting Americans from Tax Hikes Act of 2015 Approved by Congress and Signed by the President

President Obama signed the Protecting Americans from Tax Hikes Act of 2015 (the “Act”) into law on December 18, 2015. The Act extends retroactively certain provisions of the Internal Revenue Code (the “Code”) that had expired at the end of 2014 and makes a number of other changes to the… – Continue reading

Swiss, Italy agree deal on taxing cross-border commuters

ZURICH: Negotiators from Switzerland and neighbour Italy reached agreement on Tuesday on how to tax cross-border commuters, wrapping up months of talks that aimed to help Italy crack down on undeclared foreign wealth. The accord, which must be approved by both national governments and parliaments, would see workers paying up… – Continue reading

Ministry of Finance hosts Ethiopian delegation

Obaid Humaid Al Tayer, Minister of State for Financial Affairs, received a delegation from Ethiopia at the Ministry of Finance headquarters in Abu Dhabi. The meeting was held to discuss investment opportunities and economic cooperation between UAE and Ethiopia. The agreement on the avoidance of double taxation on income signed… – Continue reading

Year 2015: Govt showed intent to bring certainty in tax laws

The National Democratic Alliance (NDA) government came to power with the promise of putting an end to what many called the tax ‘extortion’ regime of the previous government. The year 2015 was the first full year for the government to walk some of its talk on tax reform. Though the… – Continue reading

Cayman Islands: CRS Update: Self-Certification Forms

The Cayman Islands Tax Information Authority (TIA), on December 8, 2015 provided the following implementation updates for the Common Reporting Standard (CRS): 1. Updated Self-Certification Forms ( Individual and Entity) for compliance with CRS, U.S. and U.K. FATCA, which should be used by Cayman Islands funds. From January 1 onwards,… – Continue reading

CF Industries (CF), OCI N.V. Amend Merger Agreement

CF Industries (CF – Analyst Report) and Netherlands-based fertilizers and industrial chemicals producer – OCI N.V. – said that they have amended their merger agreement originally announced in Aug 2015. Under the modified agreement, the jurisdiction of incorporation and tax residency of the new combined company has been changed to… – Continue reading

SARS Explains 2015 Tax Administration Amendments

On December 17, the South African Revenue Service (SARS) issued an explanatory memorandum on the 2015 Tax Administration Laws Amendment Bill (TALAB). In particular, the memorandum looks at the TALAB provisions giving effect to the collection of information from South African financial institutions (FIs), and the associated obligation on the… – Continue reading

IRS Proposes Country-by-Country Reporting Rules for 2017

Dec. 21 — The IRS proposed rules requiring large companies to report information including the amount of revenue, profit or loss, capital and accumulated earnings for each country of operation, consistent with OECD recommendations designed to combat base erosion and profit shifting. The proposed rules (REG-109822-15, RIN 1545-BM70) would apply… – Continue reading

A lesson in semantics

The announcements coming out from both the CI government and the UK government on beneficial ownership can provide a lesson in semantics. The arguments are seemingly centered on the meanings of the words “public” versus “centralised.” The “simple definition” of semantics from the Merriam-Webster Dictionary is “the study of the… – Continue reading

Tax body welcomes collaborative approach to improving the tax practice of large companies

The Chartered Institute of Taxation (CIOT) has welcomed a change to the Government’s approach1 to improve tax compliance by large companies but remains sceptical about the effectiveness of a ‘special measures’ regime to target tax abuse. John Cullinane, Tax Policy Director, said: “We are pleased that the framework for improving… – Continue reading

Hervé Falciani — The SwissLeaks Whistleblower

Most people with undisclosed Swiss bank accounts have, by definition, something to hide. Secrets, however, sometimes don’t remain secret, especially when they involve someone else’s money. While disclosing the names and financial details of Swiss bank account holders has recently come into vogue, a whistleblower may have just as murky… – Continue reading

Antoine Deltour — The LuxLeaks Whistleblower

Luxembourg’s long-hidden role as a secret tax haven in the very heart of the European Union has been shattered by one man who happened to be in the right place at the right time to do what he thought was the right thing. Antoine Deltour brought to light how the… – Continue reading

BEHIND THE HEADLINES: Tax haven hypocrisy

A BALANCING ACT in London, folly and redemption in America’s District of Columbia and sheer hypocrisy in Brussels. And in every case, Barbados and many of its Caribbean neighbours were placed in the negative international spotlight at a time when some of the world’s major financial centres are casting about… – Continue reading

China Regulatory Brief: China Commits to Automatic Exchange of Tax Information

China Commits to Automatic Exchange of Tax Information Approved by the State Council, China has committed to the Organization for Economic Co-operation and Development’s (OECD’s) global standard for automatic exchange of tax information and will start to automatically exchange information with other countries’ tax authorities by September, 2018. On December… – Continue reading

Treasury proposes new multinational reporting rules

The Treasury Department released a proposal on Monday that would require certain companies to annually report information relating to income and taxes on a country-by-country basis. The proposal would apply to businesses that are the parents of multinational enterprise groups with annual revenue of at least $850 million. The categories… – Continue reading

Lebanese banking unaffected by money laundering fight: Torbey

BEIRUT: Lebanon’s commitment to fighting money laundering does not hurt banking secrecy but, to the contrary, is in the interests of the banking sector, said Joseph Torbey, president of the Association of Banks in Lebanon. “Lebanon’s serious commitment to fighting money laundering will prevent the escape of investments from Lebanon… – Continue reading

IRS investigated thousands of financial crimes in 2015

IRS Criminal Investigation » Agency initiated 3,853 investigations nationally and is nabbing criminals from tax cheats to terrorists despite budget cuts, chief says. Utahn Gerrit Timmerman III claimed his corporation — “The Office of the First Presiding Patriarch (Overseer) and his/her successors, a corporation sole over/for an unincorporated scriptural society,… – Continue reading

Qatar’s National Day Observed

The embassy of the State of Qatar in Banjul were on Saturday, December 19th joined by Gambians in celebrating the oil-rich Gulf country’s National Day. Senior government officials including cabinet ministers, as well as foreign diplomats and representatives of various agencies in The Gambia graced the event. Speaking at the… – Continue reading

Developed countries erode BEPS Action Plan on Digital Economy

IT is ironic that what was almost at the centre of the BEPS project has ended up in not having a concrete agreement and with a vague promise of some review by the year 2020. One may recall that it was the big digital companies and their tax affairs that… – Continue reading

India to sign agreements with S’pore, UAE and Hong Kong for info on illegal bank a/c: CBDT

NEW DELHI: India is close to signing collaborative jurisdictional agreements with three countries – Singapore, the United Arab Emirates and Hong Kong – for dealing with challenges related to the siphoning of black money, said the Central Board of Direct Taxation (CBDT). A spokesperson of the CBDT told ANI in… – Continue reading

Cayman Developing Beneficial Ownership Proposals

The Cayman Government has proposed that services providers should be allowed to keep their own databases of beneficial ownership information, which would be accessible to the Government for international law enforcement purposes. According to local news service Cayman Compass, quoting Financial Services Minister Wayne Panton, the proposal means the Government… – Continue reading

Two Little Known Tax Treaties Will Lead to Substantially More Identity Theft, Crime, Industrial Espionage, and Suppression of Political Dissidents

The Protocol amending the Multilateral Convention on Mutual Administrative Assistance in Tax Matters will lead to substantially more transnational identity theft, crime, industrial espionage, financial fraud, and the suppression of political opponents and religious or ethnic minorities by authoritarian and corrupt governments. It puts Americans’ private financial information at risk…. – Continue reading

Central Bank programme of themed inspections in Markets Supervision

The Markets Supervision Directorate of the Central Bank published its programme of themed-inspections for 2016. These inspections reflect a number of supervisory priorities for 2016 and anticipate areas of emerging risk. This programme builds on the successful supervisory work undertaken in 2015 in the areas of Cyber Security, Operational Risk… – Continue reading

380 market members violated anti-money laundering rules in FY15

MUMBAI: As many as 380 market entities, most of them stock brokers, faced action for failing to prevent possible money laundering and terror financing activities during the last fiscal. Discrepancies related to Anti-Money Laundering and Combating Financing of Terrorism (AML and CFT) regulations were observed against brokers and depository participants… – Continue reading

An Easy Checkoff for Global Competitiveness: The Case for a U.S. Innovation Box

An Easy Checkoff for Global Competitiveness: The Case for a U.S. Innovation Box – Robert D. Atkinson – November 30, 2015. “Taxing corporate revenues from innovation-based activities less will not only boost U.S. global competitiveness it will help bring back IP-based corporate profits now overseas. “Within the last decade a… – Continue reading

Court’s winding-up ruling on Hong Kong’s Yung Kee goose restaurant sends signal to offshore companies

Legal experts say court order for restaurant’s parent company based in British Virgin Islands could lead to resolution of more disputes in city Hong Kong’s top court recently gave the go-ahead for the parent company of the famous Yung Kee roast goose restaurant in Central to be wound up, despite… – Continue reading

Netflix is latest multi-million-pound global company that does not pay UK corporation tax despite generating £200m of revenue in Britain

Netflix the online movie rental service did not pay any UK corporation tax last year, despite generating an income of £200million in Britain. The world’s biggest internet movie streaming service has five million subscribers in the UK alone and has proved a hit by offering U.S. shows like House of… – Continue reading

Pakistani bank in NY takes steps to allay US concerns after being hit by curbs

NEW YORK – The General Manager of Pakistan’s Habib Bank Ltd., New York branch, said Friday that steps have been taken to address the concerns of U.S. authorities after being hit by an enforcement order that barred the bank from conductingany dollar-clearing transactions or accepting any new accountsfor U.S. dollar… – Continue reading

Australia: Country-by-country reporting guidelines

The Australian Taxation Office (ATO) on 17 December 2015 released guidelines that address country-by-country reporting. The ATO release—Law Companion Guideline (LCG) 2015/3—discusses Tax Laws Amendment (Combating Multinational Tax Avoidance) Act 2015 that was enacted earlier this month and discusses, in particular, Schedule 4. Background Schedule 4 created Subdivision 815-E of… – Continue reading

Tim Cook calls notion of Apple avoiding US taxes ‘political crap’

Apple CEO says the company pays ‘every tax dollar we owe’ amid debate in the US over corporations avoiding tax by using offshore units Apple’s chief executive Tim Cook has dismissed as “total political crap” the notion that the technology giant was avoiding taxes. Cook’s remarks, made on CBS’ 60… – Continue reading

Time is Marching on for CRS Deadlines

On 16 October 2015, the Cayman Islands Government issued new regulations with respect to a global initiative on the automatic exchange of information (“AEOI“) and the Common Reporting Standard (“CRS“), established to improve tax transparency in the increasingly globalised world. Links to the Tax Information Authority Law (2014 Revision) and… – Continue reading

BOTSWANA, African tax haven?

About Botswana Botswana, a former British colony in Southern Africa, is one of the most prominent countries in Africa. The country has a strong economy,uses one of the most advanced banking systems in the continent, and maintains a stable tradition of representative democracy. After becoming independent in 1966, Botswana developed… – Continue reading

Arab League intent on increasing investments in Brazil

The organization’s new ambassador in the Brazilian capital Brasília claims trade and mutual investment between Arab countries and Brazil can be worked on. São Paulo – Newly appointed to represent the Middle East and North Africa countries in Brazil, the ambassador of the League of Arab States in the national… – Continue reading

Germany: New legislation on the automatic exchange of financial account information

The Bundesrat (upper house of the German parliament) approved the Law on the Automatic Exchange of Financial Account Information (Finanzkonten-Informationsaustauschgesetz) on 18 December 2015. Financial institutions face new reporting obligations and duties of care under this law. The new legislation requires financial institutions to provide the German Federal Central Tax… – Continue reading