Category: Regulatory

Singapore Enhanced Regulatory Framework for Corporate Service Providers

On 15 May 2015, Singapore has implemented a new enhanced regulatory framework for Singapore Corporate Services Providers. The strengthened regime for Singapore Corporate Services Providers is expected to help further boost the reputation of Singapore as a trusted international financial and business centre with robust regulatory frameworks against money laundering… – Continue reading

Treasury Releases Select Draft Provisions for Next U.S. Model Income Tax Treaty

The Treasury Department announced draft changes for the U.S. Model Income Tax Treaty — the baseline text used by the Treasury Department when it negotiates tax treaties. The current U.S. Model was last updated in 2006. The proposed changes in the draft provisions are intended to combat so-called Base Erosion… – Continue reading

Malaysia Delays FATCA Reporting Deadline

The Inland Revenue Board (IRB) has informed Malaysian financial institutions (MYFIs) that their filing deadline in respect of the 2014 reporting year under the US Foreign Account Tax Compliance Act (FATCA) has been deferred from June 30, 2015. FATCA requires all FIs outside the United States to submit regular information… – Continue reading

Government Issues Beneficial Ownership Report

The Cayman Islands Government today issued a report stating that it will continue its current method of providing beneficial ownership information to law enforcement, tax and regulatory authorities, as the method adheres to global standards. As explained in its Consultation Report on Maintenance of Legal and Beneficial Ownership Information, Government’s… – Continue reading

Revised Anti-Money Laundering Examination Forms

The Compliance Commission (the Commission) has revised its Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) Examination Forms which were last revised in 2010. The examination forms were revised to clarify: The requirement for a written Risk-based AML/CFT policies and procedures document; Examination of financial institutions with a branch or branches;… – Continue reading

Government Issues Beneficial Ownership Report

The Cayman Islands Government today issued a report stating that it will continue its current method of providing beneficial ownership information to law enforcement, tax and regulatory authorities, as the method adheres to global standards. As explained in its Consultation Report on Maintenance of Legal and Beneficial Ownership Information, Government’s… – Continue reading

Gibraltar: Gibraltar Financial Services Commission

FSC restructuring plans for 2015 he Gibraltar Financial Services Commission (FSC) has recently announced restructuring plans for 2015. The restructure will take effect on 1 January 2015, focussing on supporting efficient and effective delivery of the FSC’s regulatory objectives and with a particular focus on strengthening existing sector-specific expertise. This… – Continue reading

Georgia seeks broader economic ties with Poland

Georgia and Poland held negotiations in Warsaw this week over an agreement on avoiding double taxation on income and capital. At the bilateral meeting the sides initialed the renewal agreement, which is based on the OECD Model Convention 2014 and envisages the introduction of new standards of cooperation in taxation… – Continue reading

Valeant Pharmaceuticals, Concordia Healthcare zoom ahead of U.S. peers

Canada’s health-care stocks are sizzling, as Concordia Healthcare Corp. and Valeant Pharmaceuticals International Inc.’s buy-and-streamline strategy has pushed the industry’s earnings and margins ahead of U.S. peers. The drugmakers are the two top-performing stocks in the Canadian equity benchmark this year, boosting total returns for the members of the Standard… – Continue reading

British Virgin Islands: When Life Gives You Lemons… The BVI And The Global Push For Tax Transparency

It is quite clear that the more recent past has seen a notable shift in the debate from various supranational initiatives implemented over the years, designed to curtail the activities of smaller offshore financial centres, towards the real issues of tax transparency, regulatory cooperation and managing systemic risk in the… – Continue reading

Bill that tackles offshore tax havens clears Maine House on party-line vote

AUGUSTA — A measure to prevent multinational corporations from evading Maine taxes by hiding profits in offshore tax havens won initial approval in the state’s Democratic-controlled House of Representatives on Thursday on an 81-67, party-line vote. The bill, LD 341, sponsored by state Rep. Ryan Tipping-Spitz, D-Orono, requires Maine companies… – Continue reading

Global attempt on to ensure MNCs cough up proper taxes

OECD, G20 team up to plug loopholes that allow companies evade taxes in jurisdictions they operate to prevent tax base erosion There is now a serious global attempt to ensure that multinationals pay taxes in the jurisdiction in which they carry out their business. The attempt is being made keeping… – Continue reading

Jersey: Jersey Described As ‘One Of The First And Best’ In Shaping Transparency Landscape At London Conference

Jersey’s positive role in helping to drive forward and shape the international transparency landscape has been praised by a senior OECD tax expert at this year’s Jersey Finance Annual London Private Client Conference. Addressing an audience of more than 400 senior private client tax, trust and wealth management professionals at… – Continue reading

Jersey: Jersey Described As ‘One Of The First And Best’ In Shaping Transparency Landscape At London Conference

Jersey’s positive role in helping to drive forward and shape the international transparency landscape has been praised by a senior OECD tax expert at this year’s Jersey Finance Annual London Private Client Conference. Addressing an audience of more than 400 senior private client tax, trust and wealth management professionals at… – Continue reading

Resolving cross border tax disputes through Australia’s investment treaties

1. Global focus on transfer pricing There has been a recent surge in regulatory attention around the world towards pricing arrangements within multinational corporate groups. Regulators are concerned that these pricing arrangements may be used as a means of profit shifting and therefore tax avoidance. The price at which an… – Continue reading

OECD strengthens recommendations on transfer pricing documentation

In 2014, the Organization for Economic Co-operation and Development (“OECD”) began making recommendations to Member States for the implementation of certain actions aimed at limiting base erosion and profit shifting, known as “BEPS”. The project includes 15 actions, representing 15 areas of regulation that allow states to monitor data which… – Continue reading

German tax deferral rules infringe EU law

German tax law allows deferring the tax on certain disposal gains by transferring the hidden reserves in the disposed assets to similar newly acquired or newly produced assets (“Replacement Assets”). The tax deferral requires an allocation of the Replacement Assets to a German permanent establishment. The ECJ has recently ruled… – Continue reading

Tax evasion: FBR probing Axact’s foreign assets, transactions

ISLAMABAD: The Federal Board of Revenue (FBR) has decided to launch an investigation into Axact Pakistan (Pvt) Limited’s assets in foreign countries, including the United Kingdom and the United Arab Emirates, bank accounts, credit card transactions and internet marketing in and outside Pakistan. FBR’s subsidiary Directorate General Intelligence & Investigation… – Continue reading

Lux Leaks Scandal. Juncker Gets A Step Closer to Hot Seat

Jean-Claude Juncker, President of the European Commission, just got a step closer to explaining his role in the Lux Leaks scandal. Speaking after an official visit to Luxembourg, German Member of the European Parliament, Fabio De Masi said: “It is becoming increasingly clear that powerful EU member states like Germany… – 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

IRS and DOJ to build new tax fraud cases using data collected in voluntary compliance programs

On May 8, 2015, the United States Department of Justice announced that it had entered into a “non-prosecution agreement” (NPA) with Swiss bank Vadian Bank AG under the Department of Justice’s (DOJ) Swiss bank program. In its press release announcing the NPA, the DOJ said, “the department has opened investigations… – Continue reading

AIG Jamaica Moves Its Business Offshore: To Finalise Exit By 2016

Three years after a major restructuring of the business, general insurer AIG Jamaica is moving its operations offshore but will continue to write business for clients here. AIG Jamaica Insurance Company Limited was formerly Chartis Jamaica Insurance Company Limited, which was created in 2012 when sister company American Home Assurance… – Continue reading

New rules soon to tackle offshore tax deferral

The finance ministry will in the near future add Controlled Foreign Corporation (CFC) rules to the Income Tax Act in order to prevent the tax deferral that many Indian multinational companies resort to by not repatriating the profits of their foreign subsidiaries for long periods. The proposed rules will come… – Continue reading

Tax planning, tax avoidance and the OECD

Introduction Tax avoidance, however legitimate its mechanism, has become the new focus for public opprobrium in parts of the world. High-profile cases and media attention examining the tax strategies of major global companies operating primarily in the digital economy have all contributed to this shift of focus. How are the… – 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

US, Korea agree to exchange financial account information

During a Cabinet meeting Tuesday, chaired by deputy Prime Minister Choi Kyung-hwan,in his role as acting prime minister, the government passed a revised bill that requires the automatic exchange of financial account information for taxpayers from both countries every year, reports Arirang. The agreement will also ensure confidentiality and the… – Continue reading

How McDonald’s dodged half a billion dollars in Australian tax

International fast-food giant McDonald’s avoided paying half a billion dollars of tax in Australia over a five-year period by shifting profits through the low-tax nation of Singapore, a new report by a global coalition of trade unions says. The report, which has been funded and commissioned by a coalition of… – Continue reading

Tax-Dodge Scrutiny in U.S. Repels Bidders From Bermuda Takeovers

The IRS’s scrutiny of tax avoidance in offshore locations has discouraged bidders from taking over reinsurers, potentially reducing the companies’ value. Montpelier Re Holdings Ltd. and Platinum Underwriters Holdings Ltd., both based in Bermuda, have each said in recent regulatory filings that potential suitors backed away last year because of… – Continue reading