Category: Regulatory

India-Israel to sign pact on double tax avoidance

India and Israel will sign a double taxation avoidance pact and explore ways to ramp up engagement in diverse sectors during President Pranab Mukherjee’s three-day historic visit to the Jewish state, the first by an Indian Head of State, beginning tomorrow, reports NDTV. Ahead of his visit, Israel said the… – Continue reading

OECD publishes ‘Base Erosion Profit Shifting’ (BEPS) recommendations BEPS will have a broad impact on the region’s businesses, says PwC

PwC welcomes this effort to update international tax system and boost transparency. The tax landscape has been transformed by the globalisation of business and the advent of the digital age. We believe the existing international tax rules need to be modernised to reflect how business is done today, and it… – Continue reading

Court case against HSBC whistleblower adjourned

A trial in Switzerland has been adjourned against Hervé Falciani, the former IT worker from the HSBC Private Bank in Geneva who leaked data about thousands of suspected tax evaders. Falciani, 43, now living in Spain, failed to appear in the Federal Criminal Court in Bellinzona in the canton of… – Continue reading

Ireland wins as UBS shifts fund from Cayman Islands

Swiss fund manager will use new Irish Icav structure to move product from the Caribbean domicile UBS has shifted a fund of hedge funds onshore to Ireland from the Cayman Islands, delivering another blow to the reputation of the Caribbean tax haven as the domicile of choice for international hedge… – Continue reading

Limiting base erosion via interest deductions – OECD finalises BEPS Action 4

What has happened? On 5 October 2015, the OECD issued its final report on BEPS Action 4 – Limiting Base Erosion Involving Interest Deductions and Other Financial Payments (Paper). In this Alert we consider the main issues, recommendations and options for taxation reform raised in the Paper and consider the… – Continue reading

United States: Entering The U.S. Without Entering Its Tax System: Holding Company Structures For U.S. Operations

Foreign companies entering the U.S. market for the first time will want to consider how their operations can be structured to minimize U.S. taxes. Although sales into the U.S. can be arranged in some cases to keep profits offshore, a sufficient presence ”on the ground” can pull sales income (and… – Continue reading

Leumi to Reclaim Bonuses From Executives After U.S. Tax Fine

An independent panel appointed by Bank Leumi Le-Israel Ltd. recommended that a former chairman and chief executive officer both return bonuses after the lender agreed to pay a fine to U.S. authorities in a tax probe. An insurer for the former bank officials will pay an additional $92 million. Leumi,… – Continue reading

Blueprint signals thaw in India-Maldives ties

During Sushma Swaraj’s visit, the nations also sign pacts on avoidance of double taxation and tax information exchange New Delhi: India and the Maldives have drawn up a new blueprint for bilateral ties that included closer economic and defence cooperation, pointing to a thaw in the relations following the Maldives’… – Continue reading

India: Government Amends Income Tax Rules To Comply With Requirements Under Foreign Account Tax Compliance Act (FATCA)

The Government of India, Ministry of Finance had on August 7, 2015, in order to comply with the information reporting requirements of the US’ Foreign Account Tax Compliance Act (hereinafter referred to as ‘FATCA’), made amendments in the Income-tax Rules, 1962. WHAT IS FATCA’S BACKGROUND? FATCA is a broad set… – Continue reading

DFID urges developing countries to improve tax collection

Developing countries must continue raising more in domestic taxes while taking advantage of wider efforts to combat tax evasion by multinationals, the IMF/World Bank annual meetings were told. Liz Ditchburn, director of policy at the UK’s Department for International Development, said initiatives such as BEPS (base erosion and profit shifting),… – Continue reading

Expat Bank Data Exchanged Under FATCA

The US Internal Revenue Service has begun receiving data from foreign banks about US expats’ overseas bank accounts and is now sharing data with certain foreign tax authorities to also support their tax enforcement efforts. The first tax information exchanges on September 30, 2015, were facilitated by a platform put… – Continue reading

NORWAY: BUDGET 2016; MORE ABOUT PROPOSED TAX REFORM

The Norwegian conservative government on 7 October 2015 published both the proposed state budget for 2016 and a “white paper” containing proposals for tax reform. The proposed tax reform in the white paper is a follow-up action from a report on tax reform, presented by the Tax Commission in late… – Continue reading

Government committed to timely implementation of AEOI in Hong Kong

Hong Kong (HKSAR) – The Government will, in the light of stakeholders’ views collected during consultation, refine the legislative proposals for implementing in Hong Kong the new international standard on Automatic Exchange of Financial Account Information in Tax Matters (AEOI), a government spokesman said today (October 12). Hong Kong pledged… – Continue reading

Ministers, officials urged to submit financial disclosures – Panel recommends FATCA approval

KUWAIT: The Cabinet has called on ministers and senior officials of state bodies to submit their financial disclosure reports to the Anti-Corruption Authority as soon as possible. The call was made by the Cabinet during its customary weekly meeting held at Bayan Palace yesterday under chairmanship of HH the Prime… – Continue reading

Trouble Ahead for Hong Kong

Both internal and external factors threaten politics, economics Hong Kong’s run of good luck is running out. One obvious sign is the increasing interference of Beijing in its domestic affairs, most recently using tame Chief Executive C.Y. Leung and a clique of yes-men to interfere in a senior academic appointment… – Continue reading

Mauritius plans derivatives platform in bid for African business – minister

EBENE, Mauritius, Oct 12 (Reuters) – Mauritius plans to launch a trading platform to hedge African currencies against the U.S. dollar, part of a bid to expand its role as a financial hub for the continent, the financial services minister said. The Indian Ocean island is also in talks to… – Continue reading

Richards: Island’s critics have double standards

A blistering attack on major countries who brand offshore financial centres as tax havens has been launched by Bob Richards. The Minister of Finance warned that pressure on the offshore sector from abroad will continue into the foreseeable future. Mr Richards, speaking at the launch of a British Virgin Islands… – Continue reading

Justice Department Focuing on Offshore Account

At a recent tax conference a senior Justice Department official reaffirmed the commitment of the U.S. Department of Justice to continue offshore enforcement efforts. As is widely reported the official stated: “We are well beyond Switzerland at this point,” she said, citing enforcement announcements concerning India, Israel, Liechtenstein, Panama, the… – Continue reading

More tax changes affecting UK residential property – part 2: Capital Gains Tax (CGT) on residential disposals by non- residents and changes to UK inheritance tax for non-doms

Historically, unlike UK residents who are generally liable to CGT on disposals of UK residential property (other than their principal residence), non-residents have been able to dispose of such property potentially free from UK CGT. The UK government sought to address this inconsistency by introducing a CGT charge in the… – Continue reading

Fears over money laundering in Australia

A former head of Australia’s anti-money-laundering agency wants tough rules introduced to prevent the country from becoming a safe haven for foreign corrupt funds. Despite credible warnings that large volumes of illicit money leaving China are being laundered in Australia, an investigation by ABC programme Four Corners has found no… – Continue reading

G20 economies to tackle corporate tax avoidance

G20 finance ministers have endorsed a package of measures to tackle corporate tax avoidance, but questions remain about whether certain countries will follow through on the plans or leave loopholes multinationals can exploit. The ministers agreed to back proposals drawn up by the OECD, which aim to shake up rules… – Continue reading

Reformation: Oversight committee formed to implement tax reforms

KARACHI / ISLAMABAD: The government on Saturday constituted an oversight committee to implement tax reforms, particularly proposed by the Tax Reforms Commission (TRC), which have so far been blocked by well-entrenched forces in the Federal Board of Revenue (FBR). Finance Minister Ishaq Dar constituted the seven-member committee to be headed… – Continue reading

Facebook paid £4,327 corporation tax despite £35m staff bonuses

Staff at Facebook’s UK arm took home an average of more than £210,000 last year in pay and bonuses, while their employer paid just £4,327 in corporation tax. Facebook made an accounting loss of £28.5m in Britain in 2014, after paying out more than £35m to its 362 staff in… – Continue reading

AUSTRALIA: BEPS AND TRANSFER PRICING; COMPARISON TO AUSTRALIAN APPROACH

The OECD’s base erosion and profit shifting (BEPS) final reports that focus on transfer pricing are comprised of a number of updates to different parts of existing OECD transfer pricing guidance. In particular, BEPS Actions 8-10 are designed to provide that transfer pricing outcomes are aligned with value creation, and… – Continue reading

UK: BEPS IMPLICATIONS FOR UK TAXPAYERS; COUNTRY-BY-COUNTRY REPORTING, PATENT BOX

The UK government released draft regulations for country-by-country (CbC) reporting, to implement Action 13 of the OECD’s base erosion and profit shifting (BEPS) project. The draft UK regulations broadly reflect the OECD reports, released 5 October 2015, and specifically make reference to the model legislation. Key points of the CbC… – Continue reading

The ownership of UK property through offshore entities

The Government has expressed a commitment to improving levels of UK corporate transparency but a recent Private Eye article [1], documenting the extent of ownership of British Land through offshore entities, shows just how far there is to go. By far the most common reason for owning UK property through… – Continue reading

CAYMAN ISLANDS: UPDATE ON CRS IMPLEMENTATION, REGULATIONS

The Cayman Islands Tax Information Authority is moving forward with its plans for implementing the OECD Common Reporting Standard (CRS). The Cayman Islands was a signatory to CRS when released in October 2014. he Cayman Islands tax authority in September 2015 released a draft version of regulations—Tax Information Authority (International… – Continue reading

India: No MAT for FIIs/FPIs For Period Pprior To April 2015

The CBDT has clarified that MAT provisions will not be applicable to those FIIs /FPIs which do not have a permanent establishment in India, for the period prior to 1 April 2015. An amendment to the IT Act will be made in the winter session of Parliament and directions have… – Continue reading

Jaitley bats for global implementation on a fully reciprocal automatic exchange of tax Information

Keen to put in place a system to prevent international tax evasion and avoidance, Finance Minister Arun Jaitley, in the Commonwealth finance ministers’ meeting has reiterated the need for global implementation on a fully reciprocal automatic exchange of tax Information under Common Reporting Standards. Jaitley welcoming the final guidelines on… – Continue reading

Australia’s New Leader Dusts Off a Tax Plan Snubbed 10 Years Ago

As a newly-elected Australian lawmaker a decade ago, Malcolm Turnbull wrote an unsolicited 52-page proposal to reform the tax system. The report and its 281 recommendations were dismissed by the government and his costings called into question. Now, a month after replacing Tony Abbott as leader of the world’s 12th-largest… – Continue reading

KPMG Webcast Will Examine OECD’s Final Recommendations On Base Erosion And Profit Shifting Initiative

NEW YORK, Oct. 9, 2015 /PRNewswire/ — KPMG’s Tax Governance Institute (TGI) will examine the final recommendations from the Organisation for Economic Co-operation and Development (OECD) on Base Erosion and Profit Shifting (BEPS) and discuss what they could mean for U.S. multinationals during a live video webcast on Tuesday, Oct…. – Continue reading

The U.S. has begun reciprocal automatic exchanges of information under various FATCA IGAs

On October 2, 2015, the U.S. Internal Revenue Service (IRS) announced the exchange of financial account information with certain foreign tax administrations in compliance with their obligations under various intergovernmental agreements (IGAs) put in place to implement the Foreign Account Tax Compliance Act (FATCA). IRS Commissioner John Koskinen stated that… – Continue reading

Barbados still ‘under attack’

BARBADOS continues to be plagued by unjustified attacks from powerful nations, Prime Minister Freundel said yesterday as he confirmed two countries had moved to take Barbados off their tax haven blacklist. The Prime Minister told a two-day conference at the Hilton Barbados Resort, which forms part of International Business Week… – Continue reading

U.S. Chases Swiss Bank Secrets to Singapore and Israel

Dozens of banks signed amnesty agreements disclosing tactics, providing prosecutors with valuable information At a rate of one or two a week, Swiss banks are doing what was once unthinkable: revealing to the world how they helped wealthy Americans cheat on their taxes. Once bastions of secrecy, 41 Swiss banks… – Continue reading

Puerto Rico must wake up from its tax haven dreams

On October 5, the Organization for Economic Cooperation and Development (OECD) unveiled the consensus plan reached by the Group of 20 and more than 40 other countries regarding its base erosion and profit shifting (BEPS) project. BEPS refers to tax-dodging tactics by multinationals that erode a home country’s tax base… – Continue reading

EY Malta to host a seminar on FATCA and OECD Common Reporting Standard

As a business leader, EY is proud to announce a seminar from its series of regulatory updates, aimed to keep stakeholders abreast of current changes in legislation. The FATCA and OECD Common Reporting Standard (CRS) seminar will be held on October 20, 2015 at the Hilton, St Julian’s between 08:30… – Continue reading

Ramaphosa and MTN’s offshore stash

Emmanuel Mayah, Jeff Mbanga, Francis Kokutse and Nick Mathiason contributed to this joint investigation by the M&G Centre for Investigative Journalism (amaBhungane) and Finance Uncovered, a global reporting project involving journalists in 54 countries. Shortly after Cyril Ramaphosa left MTN to become South Africa’s deputy president last year, he lashed… – Continue reading