Category: Regulatory

IRS Offshore Programs Produce Billions – Come In And Participate Or Else …

BACKGROUND The IRS recently released IR-2015-116 announcing its offshore compliance programs have generated $8 Billion. More than 54,000 taxpayers subject to U.S. worldwide income and disclosure requirements have come in from the cold to participate in IRS offshore remediation disclosure programs since 2009. The IRS also urged taxpayers with non-compliant… – Continue reading

John Kasich wants new tax system for offshore profits, smaller government

Ohio Gov. John Kasich, fighting to rise in the Republican presidential race, says he would allow U.S. companies to repatriate without penalty trillions of dollars they have earned and kept offshore and then create a new system ensuring Americans aren’t double-taxed on foreign profits. “I’m for bringing the taxes down,… – Continue reading

Pfizer’s Allergan bid defies Obama’s tougher tax rules

Pfizer’s bid for $113bn Dublin-based drug maker Allergan is the biggest merger of the year, anywhere. It’s potentially good news for the Irish exchequer, which may gain a massive new taxpayer, and for businesses here like Arthur Cox, Allergan’s adviser on Irish corporate law. But a deal that may well… – Continue reading

Inniss: FATCA good for Barbados

Barbados’ reputation as a home of “serious” business and a “significant” player in international business is being enhanced with the adoption of a United States law which targets non-complaint US taxpayers with foreign accounts, Minister of International Business Donville Inniss has contended. In fact, Inniss suggested that the Foreign Accounts… – Continue reading

Small EU team leads tax battle against ‘goliaths’

A small team of European Union officials is spearheading an investigation that could force some of the world’s biggest companies to pay billions of euros in avoided taxes, Reuters reports. In an office block in one of Brussels’ less fashionable districts, the 10 Competition Directorate staff from across the bloc… – Continue reading

US ‘tax inversion’ deals skew Ireland’s FDI numbers

A spate of so-called “tax inversion” deals involving companies based in Ireland appears to be distorting the country’s foreign direct investment (FDI) numbers, The Irish Times reports. An OECD report suggests investment by Irish firms abroad more than doubled to US$75 billion in the first half of 2015. The study… – Continue reading

FATCA fact: Under new US tax law, Indian Trusts will now have to disclose details to Internal Revenue Service

Over the past decade, many Indian business families have organised themselves under trusts — a bankruptcy remote structure — to preserve wealth, protect the rights of various members, and plan for the next generation. Now, this arrangement is coming under strain for families with members staying in the US, the… – Continue reading

South Africa: South African Tax Legislation: Proposed Amendments In An International Tax Context

South African Tax Legislation: Proposed Amendments in an International Tax Context[1] This article sets out a brief summary of some of the proposed amendments introduced by recent South African draft Tax Bills. The article focuses on amendments in the context of international taxation. The draft Taxation Laws Amendment Bill, 2015… – Continue reading

Possible opportunities for refund of Dutch dividend withholding tax

Possible opportunities for refund of Dutch dividend withholding tax On 17 September 2015, the Court of Justice of the European Union (“CJEU”) ruled in three distinct (yet comparable) cases that the levy of Dutch dividend withholding tax in relation to portfolio shareholdings in Dutch companies is in conflict with the… – Continue reading

New transfer pricing regulations bring increased transparency obligations

The new rules require companies to file a “country-by-country” report as well as creating new specific documentation requirements. CbC report For the fiscal year beginning 1 January 2016, country-by-country (CbC) reporting will be compulsory for corporate groups whose turnover exceeds EUR750 million in the 12 months prior to the information… – Continue reading

£45m UK aid cash given to tax havens: Money being used to fund public services in countries including Belize and Panama

Millions have pounds have gone to countries such as Belize and Anguilla UK paid out £45m to 13 countries on tax haven ‘blacklist’ in just one year Campaigners estimate use of offshore havens costs Treasury £18b a year Revelation will anger Tory backbenchers who have criticised Cameron British aid money… – Continue reading

FATCA fact: Under new US tax law, Indian Trusts will now have to disclose details to Internal Revenue Service

MUMBAI: Over the past decade, many Indian business families have organised themselves under trusts — a bankruptcy remote structure — to preserve wealth, protect the rights of various members, and plan for the next generation. Now, this arrangement is coming under strain for families with members staying in the US…. – Continue reading

11 arrested in major tax evasion probe involving foreign bank cards

A major investigation based on the use of foreign bank cards in the Netherlands has led to the arrest of 11 people on tax evasion charges. The seven men and four women were identified after officials carried out a major data mining project involving cards attached to foreign bank accounts…. – Continue reading

British taxpayers fork out £45m in foreign aid to paradise islands that charge NO TAX

BRITISH taxpayers forked out £45million in foreign aid spending to countries classed as tax havens in just one year, it emerged today. Nations such as Belize, Marshall Islands, Seychelles and Vanautu – which are all included on a European Commission ‘blacklist’ of international tax havens – have all received cash… – Continue reading

EU DRIVE TO CREATE SINGLE MARKET ‘WRONG-HEADED’ AND WILL LEAD TO HIGHER PRICES

The European Union (EU) is pushing ahead with its most ambitious plans to date to eliminate tax competition between member states and roll out a single market for products and services. While the commission focuses on levelling prices for products and services across the 28 member state bloc, a European… – Continue reading

OECD Talks BEPS Implementation With Eurasian Officials

In late October, public and private sector representatives from Eastern Europe and Central Asia met to discuss collaborating on the implementation of the OECD’s recommendations on base erosion and profit shifting. The meeting was hosted in Tbilisi by the Georgian Ministry of Finance and the Georgia Revenue Service, in co-operation… – Continue reading

Registration deadline for FATCA extended

As noted in our previous updates on the Foreign Account Tax Compliance Act (FATCA) and the related intergovernmental agreement between Canada and the United States for the enhanced exchange of tax information (the IGA), many Canadian financial institutions such as IFMs, portfolio managers, exempt market dealers and investment funds were… – Continue reading

Six ways the ATO uses data to catch tax-dodgers

How analytics will nab cheaters. Tomorrow is the Australian Taxation Office’s official cutoff for 2014-15 personal tax returns. Will you be tempted to tell fibs about your income? How will the tax man ever know? Take note: it may already know – or at least can find out – a… – Continue reading

Luxembourg removed from blacklist

Meeting in Barbados, members of the Global Forum will vote Friday night on Luxembourg on the report examining the country in line with international standards of fiscal transparency. This vote will be a mere formality since experts have already been doing an inventory of business reforms by the government for… – Continue reading

Mauritius promises India clean and trusted jurisdiction

NEW DELHI: Often accused of being an offshore financial centre misused for round tripping, Mauritius today assured India that it will “walk the extra mile” to ensure that its reputations as clean and trusted jurisdiction is upheld at all costs. “We will put in all the necessary efforts and walk… – Continue reading

Tianjin tragedy is very much our business

Blast waves: smoke billows from the site of an explosion that reduced a parking lot filled with new cars to charred remains at a warehouse in northeastern China’s Tianjin municipality. Most of Bermuda’s major insurers and reinsurers had significant exposures to this disaster. (Photograph by Ng Han Guan/AP Photo) Tianjin… – Continue reading

US Justice Department Announces Four Banks Reach Resolutions Under Swiss Bank

The Department of Justice announced today that Luzerner Kantonalbank AG (Luzerner), Habib Bank AG Zurich (HBZ), Banque Heritage S.A. and Hyposwiss Private Bank Genève S.A. (Hyposwiss Geneva) have reached resolutions under the department’s Swiss Bank Program. These banks will collectively pay penalties totaling more than $25 million and continue to… – Continue reading

Gold Fields, Sasol top in tax reporting

Gold Fields and Sasol have clinched the top awards in PwC’s Building Public Trust Awards: Excellence in the field of tax reporting in 2015. Gold Fields was the overall winner in the category for tax reporting for multinational companies, while Sasol was announced the overall winner in the category tax… – Continue reading

Barbados endorses OECD’s Global Standard for the Automatic Exchange of Information

Barbados has formally endorsed the AEOI global standard during a signing ceremony held in Barbados on Wednesday. The event was held in conjunction with a meeting of the OECD’s Global Forum on Transparency and Exchange of Information for Tax Purposes that was also hosted in Barbados. “Transparency and the exchange… – Continue reading

European Union: The European Commission’s New Pandora’s Box – Reopening Final Tax Rulings As A Form Of “State Aid”

The European Commission (Commission) has adopted a decision on 21 October 2015 on the tax rulings – also referred to as “comfort letters” – granted by Luxembourg to Fiat Finance and Trade (FFT) and by The Netherlands to Starbucks. Rejecting the decisions of domestic authorities in Luxembourg and The Netherlands,… – Continue reading

Comes to Switzerland on tax havens list?

Switzerland stands on a provisional Russian tax havens list: The document lists 119 countries and territories which do not ensure the exchange of tax information with Russia Russian authorities consider. If the document actually come into force as planned in the form of a regulation, threaten Russian investors in Switzerland… – Continue reading

Accountant says dentist had 41 local and offshore bank accounts

Case involving Dr Brian Mulrean and firm Keveney Monahan settled confidentially An accountant who sued a Dublin dentist for just under €50,000 in professional fees told a judge he had to navigate his way through 41 offshore and local bank accounts. Barrister Jeananne McGovern said in the Circuit Civil Court… – Continue reading

Green light for the entry into force of the DTA between Switzerland and Argentina

Bern, 10.29.2015 – The double taxation agreement (DTA) in the area of taxes on income and on capital between Switzerland and Argentina is on 27 November 2015 to enter into force after the ratification procedures in Switzerland has been completed. It will replace the agreement of 1997 and corresponds to… – Continue reading

Despite safeguards in tax treaties disputes recur

Most double tax avoidance treaties between two countries attempt to repel probable abuse of benefits under the pacts. Incorporating a clause for limitation of benefits (LOB) in the treaty is the usual practice adopted for checking such abuses. LOB provisions are for denying benefits of the tax treaty to those… – Continue reading

Kuwait commits to US mandated FATCA law

(MENAFN – Arab Times) The US Foreign Account Tax Compliance Act (FATCA) model has spurred the rise of a global automatic exchange of information, informed Hannah Shipley, Director at Ernst & Young, while speaking about FATCA and its implications during a business panel discussion held at the Kuwait Chamber of… – Continue reading

Tax deductibility of corporate interest expense

HM Treasury has published a consultation on the tax deductibility of corporate interest expense in the UK. The consultation has been prompted by the recent publication by the Organisation for Economic Co-operation and Development (“OECD”) of its final Base Erosion and Profit Shifting (“BEPS”) reports, in particular BEPS Action 4,… – Continue reading

Jamiaca’s Financial Institutions Facing New Options

KINGSTON, Jamaica – Externally imposed requirements have had unintended and undesired consequences on Jamaica’s financial institutions, says Tasha Manley, Executive in charge of Compliance for Jamaica National Building Society (JNBS). Miss Manley was addressing this year’s annual conference co-hosted by the Jamaica Bankers’ Association (JBA) and the Jamaica Institute of… – Continue reading

OECD Issues Final BEPS Proposal; No Response from Congress Yet

Final recommendations about how multinational companies should be allowed to shift profits among different tax jurisdictions were issued this month, and the U.S. Congress has not yet indicated whether it will consider legislation in response to the proposals. Issued by the Organisation for Economic Cooperation and Development (OECD) on October… – Continue reading

Offshore Yuan Gains on Intervention Bets After Discount Widens

The yuan in Hong Kong rose the most in more than two weeks on speculation China’s central bank intervened to prop up the currency after its discount to the Shanghai spot price widened. Large Chinese banks sold dollars in the offshore market in early Asian trading hours Thursday, according to… – Continue reading

U.S. lawmakers promise to push for long-delayed tax treaties

Republican and Democratic lawmakers vowed on Thursday to push for the ratification of eight tax treaties which have been held up for years because of one Republican senator’s objections, despite support from companies that want consistency in rules for how to do international business. U.S. Senator Rand Paul of Kentucky… – Continue reading

Head of Brazilian House of Representatives investigated for tax evasion

RIO DE JANEIRO, Oct. 28 (Xinhua) — Brazil’s Secretariat of Federal Revenue is carrying out an official investigation of Eduardo Cunha, head of House of Representatives, for tax evasion and other fiscal crimes, local daily O Globo said on Wednesday. Started in August, the investigation was based on information which… – Continue reading