Category: Regulatory

Japan, Qatar reach tax treaty agreement

TOKYO, Dec 17 (KUNA) — Japan and Qatar have reached a substantive agreement on a bilateral tax treaty that will help businesses and investors avoid double taxation involving the two countries, the Foreign Ministry announced Wednesday. The agreement aims to clarify the taxation on cross-border investment and economic activities between… – Continue reading

Financial Group Wants More Limits on Corporate Inversions

The FACT (Financial Accountability and Corporate Transparency) Coalition today submitted comments to the Treasury Department praising their previous actions to limit inversions while also calling for additional measures. The proposals come as a part of the open comment period for Notice 2014-52, Rules Regarding Inversions and Related Transactions, originally issued… – Continue reading

Government renegotiating tax treaties to curb flow of black money abroad, says Finance Ministry

To check illicit financial flows across borders, the government is renegotiating bilateral treaties with many countries to limit tax benefits to genuine investments and curb the routing of Indian money to safe havens, a senior Finance Ministry official said on Wednesday. While noting that the quantum of domestic black money… – Continue reading

ATO chief identified tax ‘abuse’ by multinationals before Joe Hockey backed away from reform pledge

The head of the Australian Tax Office, Chris Jordan, has described a tax lurk for multinational companies that is being retained by the Abbott government as having been “abused” by foreign corporations at a cost of “hundreds of millions of dollars” a year to the Commonwealth. As revealed by Fairfax… – Continue reading

Money laundering: Parliament and Council negotiators agree on central registers

The ultimate owners of companies would have to be listed in central registers in EU countries, accessible to people with a “legitimate interest”, such as investigative journalists and other concerned citizens, under a deal struck by Parliament and Council negotiators on a draft EU anti-money laundering directive on Tuesday. The… – Continue reading

UK clamps down on tax avoidance

(CNS Business): The British government has published draft legislation for a new Diverted Profits Tax (DPT), dubbed the “Google tax”, by which it intends to sidestep Britain’s existing tax treaties with low-tax jurisdictions by levying a charge that would fall outside the corporate tax system. The government hopes to raise… – Continue reading

UPDATE 2-Regulators extend tax probe to all 28 EU nations

* EU to examine tax arrangements across bloc * Several deals with multinationals already under scrutiny * Questions asked of new Commission President Juncker (Adds Luxembourg reaction, background) By Foo Yun Chee BRUSSELS, Dec 17 (Reuters) – European Union competition regulators have asked all 28 member countries for details of… – Continue reading

OECD tax proposals threaten Irish deals with multinationals

Think tank targets key aspects of Republic’s role in multinationals’ tax affairs Key features of Ireland’s role in the tax affairs of major technology companies such as Google and Microsoft are being targeted by the OECD’s base-erosion and profit-shifting (Beps) project, it has emerged. Ideas being worked on by the… – Continue reading

Singapore, Indonesia to enhance cooperation on sharing tax information

Singapore’s Ministry of Finance say both parties enjoy “excellent cooperation” regarding tax matters, and have agreed to update the existing Avoidance of Double Taxation Agreement as the next step. SINGAPORE: The Republic and Indonesia will be looking to increase cooperation on the sharing of tax information in the coming days,… – Continue reading

Finance: Out of Control? Beneficial ownership registers in EU states won’t be made completely public

Last March MEPs voted overwhelmingly to introduce a new transparency disclosure rule that would compel all 28 European states to make publicly accessible the real owners of companies and trusts. The decision was hailed as a major breakthrough by anti-corruption campaigners fighting financial crime and tax abuse. Lawyers working for… – Continue reading

Japan’s Manufacturing Rose, Abe Plans Corporate Tax Cut

Unlike China, Japan‘s manufacturing activities rose in December. Flash PMI from HSBC came out at 52.1, up from 52 in November. A reading over 50 signals expansion. Meanwhile, the Nikkei newspaper reported that Japan’s government is considering lowering the corporate tax rate by 2.5 percentage points starting next April. Among… – Continue reading

New bilateral investment treaties will help India avoid arbitration

NEW DELHI: Bilateral investment treaties that the government will enter into from now on will have a provision preventing foreign investors to drag India to arbitration on any issues that have been settled by a judicial authority. Wiser from being dragged to arbitration in numerous cases, such as the Vodafone… – Continue reading

Tax transparency applied to all is Odier message from Swiss banks

Defending the interests of the Swiss banking industry has not been the easiest challenge in recent years, particularly when it comes to tax. The role has fallen for the last five years to Patrick Odier, chairman of the Swiss Bankers’ Association (SBA), which has 317 institutional members and about 18,500… – Continue reading

Cyprus: Signature Of Cyprus – USA Inter-Governmental Agreement Under The American Foreign Account Tax Compliance Act

On 2 December 2014 the Cyprus finance minister and the American ambassador to Cyprus formally signed the intergovernmental agreement (“IGA”) between Cyprus and the USA under the Foreign Account Tax Compliance Act (“FATCA”), an American tax measure enacted in 2010 with the purpose of implementing mechanisms designed  to prevent and… – Continue reading

CAB urges governments to sign IGA’s with America

With regards to the US Foreign Account Tax Compliance Act (FATCA); the Caribbean Association of Banks (CAB) has strongly urged governments in the region, who have yet to complete the process towards a signed Intergovernmental Agreement (IGA) with the USA to do so prior to 31 December, 2014. FATCA was… – Continue reading

Bermuda snubs Cameron’s plan for company registry

Bermuda’s Minister of Finance, Bob Richards, has snubbed the UK Prime Minister David Cameron’s plan to create public registers of beneficial owners of companies incorporated in Bermuda. His reasoning behind this update was that this move would be damaging to the economy as Bermuda would lose it’s competitive advantage. He… – Continue reading

OECD – Transfer pricing-related discussion drafts (BEPS Action 10)

December 16: The Organisation for Economic Cooperation and Development (OECD) today released two discussion drafts under the base erosion and profit shifting (BEPS) project that focus on transfer pricing aspects—specifically under BEPS Action 10  (“Assure that transfer pricing outcomes are in line with value creation” in relation to “other high… – Continue reading

New Research Shows Multinational Corporations Have No Tax Advantage Over Domestics

While the media has been feasting on Lux Leaks and other stories of “multinational tax dodging”, academic accountants have determined that U.S. multinational corporations (MNCs) have no particular tax advantage over U.S. domestic firms. In fact, a new study finds the average effective tax rate for U.S. MNCs is slightly… – Continue reading

1 FATCA Update: Treasury Extends Time for Jurisdictions with Agreed-in-Substance IGAs to be Treated as if They Had an IGA in Effect

On December 1, 2014, Treasury and the IRS issued Announcement 2014-38 which provides relief to those countries which have reached FATCA Intergovernmental Agreements (IGAs) in substance, but have not signed such agreements. Background In 2012, Treasury and the IRS released Model 1 and Model 2 IGAs to implement the Foreign… – Continue reading

Multinationals rob Kenya of Sh78b in tax evasion, says US research firm

Kenya was conned of more than Sh78 billion through corruption and tax evasion between 2003 and 2012, a US-based research firm has reported. Researchers from Global Financial Integrity (GFI) compiled the losses, which they describe as “modest” considering gaps in information, but could be bigger than all mega-scandals, including Goldenberg,… – Continue reading

Romania dismantles vast tax evasion network

Romanian authorities have dismantled a tax evasion network suspected of cheating the treasury out of 27 million euros ($34 million), prosecutors said Monday. Police raided around 40 locations in the greater Bucharest area and in the northeast as part of the crackdown on a group suspected of also embezzling 20… – Continue reading

Tax Probes May Face Legal Battle: EU’s Competition Chief

The European Union’s new antitrust chief said the EU is braced for a legal battle with governments embroiled in its probe of sweetheart tax deals for multinationals from Apple Inc. (AAPL:US) to Amazon.com Inc. Margrethe Vestager said the process needs to be legally watertight as officials investigate whether deals handed… – Continue reading

Proposed offshore tax evasion offence could “quietly disappear” following omission from draft Finance Bill clauses

Proposals which would introduce automatic criminal penalties for those who fail to declare taxable offshore income may “quietly disappear” following their omission from draft clauses for the 2015 Finance Bill published for consultation, an expert has said.15 Dec 2014 Tax Disputes and Investigations Tax Corporate tax Private wealth tax UK… – Continue reading

Saudi- Ernst 1amp Young hosts seminar on Zakat regulations

(MENAFN – Arab News) Ernst & Young one of the world’s leading professional services organizations hosted the 12th annual tax seminar on recent updates on Saudi Arabian zakat regulations and corporate income tax Law and its bye-laws in Jeddah on Thursday. Over 100 executives bankers and accountants attended this Seminar…. – Continue reading

Make tax evasion serious crime: SIT chief

If tax crimes remain civil in nature, foreign governments will not cooperate,” M.B. Shah, chairman of the Special Investigation Team on black money, said. Tax evasion needs to be made a serious “criminal offence” to force foreign countries to reveal names and account details of Indians stashing illicit wealth abroad,… – Continue reading

Selective Disclosure: Armenia’s Central Bank Conceals Data on Offshore Transfers

Armenia’s Central Bank (CB) claims thatsome data regarding money flows to and from offshore financial centers is protected from public disclosure under the law. We say ‘some’, because the CB is being selective when it comes to which information can be disclosed and what cannot. When Hetq contacted the CB,… – Continue reading

Sebi says MF schemes with bonus option ‘not legitimate’

MUMBAI: The capital market regulator has plugged the loophole that allowed savvy mutual fund investors to lower tax by bonus stripping. The Securities and Exchange Board of India (Sebi) has spelt out that it’s not in favour of fund houses launching new schemes with bonus option in their arbitrage funds…. – Continue reading

The inversion backlash

Something strange happened in 2014 — Americans became very interested in corporate tax policy. It started in the spring, when U.S.-based pharmaceutical giant Pfizer, which produces blockbuster drugs like Lipitor and Viagra, floated a possible merger with its British-based rival AstraZeneca. Normally a merger of that size would make a… – Continue reading

HMRC collects £32m from disputed tax demands

HM Revenue and Customs (HMRC) has pocketed £32 million after demanding early payments of disputed tax from investors in suspected avoidance schemes. The taxman says this equates to 99% of disputed tax from the first tax avoidance scheme users to be issued with accelerated payment notices. HMRC said that 30… – Continue reading

Multinational tax crackdown uncosted by Treasury

A new standard that would help stamp out tax evasion by forcing multinationals to give governments details about their tax affairs has been uncosted by Treasury, the latest budget update shows. Under a plan agreed to at the G20 finance ministers meeting in Cairns held earlier this year and then… – Continue reading

Packer’s PBL in latest tax leak: report

Publishing and Broadcasting Limited (PBL) allegedly negotiated a secret deal with the Swiss government when James Packer was chief executive officer, which set a tax rate of less than 2.15 per cent for the media group’s intra-company loans, The Australian Financial Review reports. According to correspondence obtained by the newspaper,… – Continue reading

United States: Foreign Entity Payees Of U.S. Source Income: Learn How To Fill Out IRS Form W-8BEN-E

In prior advisories, we have discussed the new withholding tax law commonly known as “FATCA” (standing for “Foreign Account Tax Compliance Act”). (See “FATCA’s July 1 Effective Date Has Arrived; Last-Minute Guidance Has Been Issued” and “Last Substantial Package of FATCA Regulations Released; Deadlines Approaching”.) To help implement FATCA, the… – Continue reading

Corruption as political weapon without a solution

A collection of valid points of view 1.The Island Editorial says 2. Further Analysis by Nalliah Thayabharan 3  More observations by Christie 4. Some more observations by Nimal 5. A Possible Solution by NeelaMahaYoda The Island Editorial says; “Opposition presidential candidate Maithripala Sirisena claims that the government leaders’ corrupt deals… – Continue reading

OECD Wants Broad Access For BEPS Transfer-Pricing Reports

Law360, New York (December 15, 2014, 5:52 PM ET) — Coming guidance from the Organization for Economic Cooperation and Development’s base erosion and profit shifting project on the implementation of the country-by-country reporting of financial information for transfer-pricing purposes will seek to make those reports as broadly accessible to governments… – Continue reading

IRS Sues Microsoft in Fight Over Records on Intangibles, Cost Sharing

Dec. 15— The Internal Revenue Service filed a petition in U.S. district court to enforce a summons against Microsoft Corp. to produce “books, records, papers and other data” related to the pricing of intangibles under two cost-sharing arrangements (United States v. Microsoft Corp., W.D. Wash., No. 2:14-mc-00117, petition filed 12/11/14)…. – Continue reading

ACCA raises concerns with Diverted Profits Tax

The government’s plans to implement a Diverted Profits Tax (DPT) have been questioned by the Association of Chartered Certified Accountants (ACCA). Chas Roy-Chowdhury, head of taxation at the body, said nobody wants profits that should be subject to UK tax “escape the net”. As a result, he believes it is… – Continue reading

BEPS Transfer Pricing Update

Background On 15 December, 2014, the OECD hosted a webcast to update the global tax community on progress under the Base Erosion and Profit Shifting (“BEPS”) Plan.  This year, the OECD produced 10 different reports (“BEPS Reports”) covering several actions specific to transfer pricing. This latest OECD webcast summarised efforts… – Continue reading

The UK Diverted Profits Tax – a unilateral approach to an international problem

Given the publicity surrounding the practices of multinationals in structuring their affairs to minimise their tax liabilities, it is not completely surprising that the UK Government has chosen to act by introducing a new tax, called the Diverted Profits Tax (“DPT”), which applies at the rate of 25% (rather than… – Continue reading

5 fat roadblocks in the way of tax reform

Some of the best tax minds in the country agree on one thing: Corporate tax reform will be a very, very heavy lift. Sure, the White House and top lawmakers who will be in charge of writing tax law next year have signaled their openness to the idea. And, yes,… – Continue reading