Category: Regulatory

US Tax Law Worries for Chinese Families and Companies

The U.S. and China enjoy increasingly strong connections. Yet virtually no Chinese family or business relishes dealing with the Internal Revenue Service (IRS). American tax laws are famously complex, and dealing with the IRS can be like quicksand. Of course, whether they like it or not, U.S. citizens and green… – Continue reading

Cayman Islands: Cayman Islands Implementing OECD Common Reporting Standard By October 2015

On 16 June 2015 the Department of International Tax Cooperation (the “DITC“) of the Cayman Islands government announced that it was moving forward with the implementation of the OECD Common Reporting Standard (“CRS“), via the introduction of Cayman Islands domestic law, by October 2015. The CRS represents a significant step… – Continue reading

HK, Italy tax treaty in force

Hong Kong (HKSAR) – The agreement between Hong Kong and Italy for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion has entered into force. The Secretary for Financial Services and the Treasury, Professor K C Chan, said today (August 14), “Hong… – Continue reading

The tax planner’s tightrope: morality and politics now in play

Introduction In 1934 distinguished US jurist Judge Learned Hand famously opined that “one may so arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to… – Continue reading

Top FPIs raise concerns with Sebi over Mauritius Treaty, GAAR and participatory notes

MUMBAI: Large foreign portfolio investors (FPIs) have voiced concerns before Indian capital market regulator Sebi about the fate of the Mauritius treaty which the government is renegotiating with the tax haven. Officials of more than 20 offshore asset managers, belonging to top banking groups and fund houses, met Sebi chairman… – Continue reading

Tax authorities urged to be more vigilant over the super-rich

Revenue authorities need to be “vigilant” in monitoring the super-rich, according to research that called on many of them to improve their scrutiny of their richest taxpayers, reports the Financial Times. The study by the Paris-based OECD is a further sign of the pressure on tax departments to squeeze more… – Continue reading

Britain’s non dom crackdown could affect UAE expatriates

In his summer budget the first exclusively Conservative one in 19 years British Chancellor George Osborne outlined several key changes for non-domiciled individuals or non-doms, reports MENAFN. These major modifications coming into effect in April 2017 arguably represent the biggest shake-up to the non-dom status since it was first introduced… – Continue reading

Guernsey Funds Boosted By OECD Membership

A clarifying statement agreed by the UK Treasury and the Ministry of Justice about Guernsey’s position within the OECD bolsters the island’s attractiveness as a fund domicile, according to Guernsey Finance, the promotional agency for the island’s financial services industry. Representatives of Guernsey’s Government, the regulator, and industry bodies have… – Continue reading

Banks Should Fall Outside BEPS Work: IBFed

The regulatory environment surrounding the banking industry already constrains the behavior of banking groups in ways which obviate base erosion and profit shifting (BEPS) risks, the International Banking Federation (IBFed) said in a paper released on August 7. Entitled Base Erosion and Profit Shifting (BEPS): Why International Banks Are Different,… – Continue reading

Worldwide: Governments Continue To Welcome Wealthy Foreigners

With the UK announcing new tax rules for foreigners living in the country, the government has been careful not to damage the country’s appeal to wealthy foreigners. The “non-dom” tax status “plays an important role in allowing those from abroad to contribute to our economy”, says George Osborne, the UK’s… – Continue reading

Polish Ministry of Finance publishes the text of the DTA that was recently concluded with Ethiopia

The Polish Ministry of Finance has published the text of the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income as concluded on July 13, 2015 between The Republic of Poland and the Federal Democratic Republic of Ethiopia (Hereafter: the… – Continue reading

OECD Releases Its Annual Tax Administration Report

On August 11, 2015, the Organisation for Economic Co-operation and Development (OECD) released its annual report addressing global tax administration. The OECD’s stated mission is to “promote policies that will improve the economic and social well-being of people around the world.” The OECD describes its annual report as follows: Tax… – Continue reading

Cayman Islands: Proactive Guidance Needed To Help Entities Meet FATCA Deadlines

The first reporting cycle for the United States Foreign Account Tax Compliance Act (FATCA) kicked off with the 31 March deadline set by the US Internal Revenue Service’s (IRS) for countries and territories such as Hong Kong that have a Model 2 Intergovernmental Agreement (IGA). Although the IRS has granted… – Continue reading

Islamic banking ‘a possible option’ for BMIO as reorganization plan is implemented

(Seychelles News Agency) – Onshore banking activities, including the possibility of introducing Sharia-compliant banking are being considered for the Seychelles-registered Bank of Muscat International Offshore (BMIO). The Al Salam Bank of Bahrain, which now owns 50 percent shares in the Seychelles-registered Bank is engaging with the Seychelles authorities on the… – Continue reading

N.Y. nonprofit under investigation for tax evasion, North Korea activities

The nonprofit Korean American National Coordinating Council has provided support to U.S. citizens for travel to Pyongyang. NEW YORK, Aug. 13 (UPI) — A Korean American organization that previously has helped Americans travel to North Korea is under investigation for tax evasion and political activities that violate U.S. tax laws…. – Continue reading

Growing trend: Islamic finance goes offshore

The rise of Islamic finance and sukuk issuances have brought with it a growing phenomenon: Shariah banking is increasingly taking advantage of offshore banking jurisdictions, and this for a number of reasons, reports the Gulf Times. Many offshore centres around the world meanwhile offer a wide range of features allowing… – Continue reading

Campaign demands fairer land ownership

A CAMPAIGN questioning the “fairness” of land ownership launched across Scotland yesterday. Our Land is a month-long initiative created by Common Weal, Women for Independence and land reform campaigners Andy Wightman and Lesley Riddoch and aims to highlight problems caused by a land ownership system that “allows a handful of… – Continue reading

Gov’t, Denmark reach double taxation deal

The Danish government is hopeful ratification of the convention for avoidance of Double Taxation agreements (DTA) with Ghana — and the Prevention of Fiscal Evasion with respect to taxes on income and capital gains between the two countries — will help to double Denmark’s investment in the country. This brings… – Continue reading

The Rules: Forcing companies to disclose tax strategy risks confidentiality issues

A “legislative requirement” for large businesses to publish their tax strategy could create commercial confidentiality risks IN an age where large corporates continue to engage in tax avoidance or aggressive tax planning, compelling businesses to disclose their tax strategies is, at heart, a good idea. There is a risk, however,… – Continue reading

The tax pitfalls of marketing expenses for a business operator

In doing business, companies will incur operating costs that vary according to the nature of the undertaking. For manufacturers, the key operating costs, apart from raw materials and overheads, might include such expenses as manufacturing know-how and technical assistance. For distributors, the key operating costs will normally include inventory, marketing… – Continue reading

British Teachers Abroad Have One Last Chance to Avoid UK Taxes on Their Pension

QROPS specialists are offering free transfers to Gibraltar QROPS for August only for teachers who want to retire abroad and avoid all UK taxes and future UK taxes on their existing teacher’s pension scheme. This is the final chance for teachers living abroad to transfer their UK pensions outside the… – Continue reading

Switzerland, Belize Sign TIEA

Switzerland and Belize signed a tax information exchange agreement (TIEA) on August 10, 2015. The agreement is Switzerland’s ninth TIEA. It provides for the exchange of information upon request. It covers Swiss federal, cantonal, and communal taxes on income and capital, and the cantonal and communal inheritance and gift taxes…. – Continue reading

Additional tax take from businesses falls as HMRC focuses on ‘mid-tier businesses’, says expert

The latest estimate of the tax potentially underpaid by the UK’s biggest businesses suggests that “the era of billion-pound tax settlements might be over” with HM Revenue and Customs (HMRC) increasingly focusing on mid-tier firms, an expert has said. Heather Self of Pinsent Masons, the law firm behind Out-Law.com, was… – Continue reading

United States: Foreign Account Tax Compliance Act (“FATCA”)

FATCA refers to provisions contained in the Hiring Incentives to Restore Employment Act (the ‘HIRE’ Act) signed into law on 18 March 2010 in the United States. The main purpose of FATCA is to identify and gather information on US persons who may be evading tax through the use of… – Continue reading

Business Leaders Doubt Global Agreement On BEPS

Only 23 percent of business leaders feel that recommendations from the OECD on base erosion and profit shifting will be successfully implemented, according to the findings of a new survey by Grant Thornton. Three quarters of business leaders would pay more taxes in exchange for greater clarity from authorities on… – Continue reading

SOUTH AFRICA: OFFSHORE SHORT-TERM INSURANCE, DEDUCTIBLE RESERVES

Controlled foreign companies (CFCs) that are engaged in offshore short-term insurance will be allowed to deduct reserves related to their “short-term insurance business” conducted outside South Africa, once an amendment to the Insurance Act, 2016 is promulgated. For a CFC to be eligible for this deduction (which is similar to… – Continue reading

Tax return preparers sentenced for hiding offshore account

WASHINGTON, D.C. (WDAM) –This is a news release from the U.S. Department of Justice. Two tax return preparers with offices located in California, Maryland and New York were sentenced today in Los Angeles for facilitating an offshore tax fraud scheme, announced Acting Assistant Attorney General Caroline D. Ciraolo of the… – Continue reading

Tax Administration 2015

Comparative Information on OECD and Other Advanced and Emerging Economies Tax Administration 2015, produced under the auspices of the Forum on Tax Administration, is a unique and comprehensive survey of tax administration systems, practices and performance across 56 advanced and emerging economies (including all OECD, EU, and G20 members). Its… – Continue reading

New FATCA / CRS guidance: clarifications to self-certification requirements

The Australian Taxation Office (ATO) has further updated its guidance material on the Australia-US FATCA Intergovernmental Agreement (IGA). This is especially important in relation to self-certification requirements. The ATO has followed the US interpretation that a FATCA self-certification must be obtained before a new individual account is opened. The OECD… – Continue reading

Isle of Man: Global Tax Investigations Conference – Isle of Man, September 2015

Following successful conferences in the Isle of Man in 2014 and in Gibraltar in March 2015, leading offshore law firm DQ Advocates and global law firm Latham & Watkins will be hosting their latest Global Tax Investigations Conference in the Isle of Man on 11 September 2015. The conference is… – Continue reading

Civil society groups in Kenya push for laws to criminalise tax evasion

NAIROBI: The civil society in Kenya wants Parliament to join them in the push to end tax evasion through enactment of laws that enhance compliance from international trade. This, they argue, will boost revenue collection by the State. They say tougher laws will criminalise tax avoidance and spell harsher penalties… – Continue reading

OECD releases three automatic information exchange reports

THE OECD has published three reports outlining the framework for the automatic exchange of financial information between governments as part of its efforts to curb tax avoidance and evasion. In October last year, the organisation announced the agreement to automatically share tax information on individuals by the year 2018, to… – Continue reading

Portugal – United States: FATCA Agreement Signed

On 6 August 2015, Portugal and the United States signed a Foreign Account Tax Compliance Act (FATCA) Agreement. FATCA seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires U.S. financial institutions to withhold a portion of certain payments made to Foreign Financial Institutions (FFIs)… – Continue reading

Revenues surge as global crackdown on tax evasion gathers pace

Hundreds of millions of tax dollars are flooding into exchequers across the world, as governments offer evaders a last chance to own up to undeclared accounts, reports the Financial Times. Taxpayers with funds stashed offshore are coming forward voluntarily in their tens of thousands ahead of new transparency rules that… – Continue reading

Cayman Islands: Tax Information Exchange – Cayman Islands Court Of Appeal Ruling

Cayman Islands Tax Information Authority v 1. MH Investments, 2. JA Investments – CICA No. 31 of 2013; G391/2012 The Court of Appeal in rejecting the appeal of the Tax Information Authority against the decision of Mr Justice Quinn in MH Investments Ltd and JA Investments Ltd1 has confirmed in… – Continue reading

Businesses seek cross-border tax clarity, but would they really pay more?

Would businesses really be willing to pay more tax if they had more certainty on what is acceptable for cross-border tax planning? According to a recent Grant Thornton International Business Report, three quarters of business leaders would in fact be ready to pony up more taxes in exchange for greater… – Continue reading