Category: Regulatory

Ireland’s tax treaties costing poorer countries, claims NGO

Ireland’s tax treaties with poorer countries are some of the most restrictive in the world, limiting the taxing rights of those countries, an international NGO has claimed. Action Aid said that globally, tax treaties cost developing countries billions every year. In a report released yesterday, the body said it has… – Continue reading

France Hits McDonald’s With $341 Million Tax Demand : Possibly Unfairly

The French taxman, Le Fisc, has apparently decided to send McDonald’s MCD -0.24% France a tax bill for €300 million ($341 million). It’s not entirely obvious that this is a correct demand: nor, in fact, necessarily a legal one. If there were no European Union and no rules about the… – Continue reading

Government looks to resolve 100 transfer pricing issues; seeks to sign more advanced agreements

In amove towards a more progressive taxation policy the revenue officials have set an aggressive target of resolving about 100 transfer pricing issues by signing advance pricing agreements (APAs) with multinationals this fiscal, people close to the development said. The government, through the Central Bureau of Direct Taxes (CBDT), had… – Continue reading

Mauritius Issues Draft CRS Implementation Guidance

As promised earlier this year, the Mauritius Revenue Authority (MRA) has published Guidance Notes for the implementation of the OECD’s Common Reporting Standard (CRS). The CRS, the new global standard for automatic exchange of information for tax purposes, obliges all participating countries and jurisdictions to obtain financial information from their… – Continue reading

Private Eyes They’re Watching You – Offshore Planning after the Panama Papers

Overview If you have been reading my articles on JD Supra for a while, you will know that I love Afro-Cuban and Brazilian music. Nevertheless, the Hall and Oates song Private Eyes, is a more fitting song to describe the state of offshore planning in Tax Havens than “Oye Como… – Continue reading

In Absence of GST, Service Tax Lawsuits on Rise: Experts

Service tax litigations have risen substantially in recent years and that may be because of the absence of a pan-India Goods and Services Tax (GST) regime that can potentially remove several ambiguities around indirect taxation, experts maintain. A total of 75,314 litigations were pending with the Department of Revenue, the… – Continue reading

HMRC launches consultation on new tax evasion offence

The Revenue has published its consultation on proposing to make companies criminally liable for failing to prevent their staff facilitating tax evasion The offence was first proposed in the 2015 Budget and was expected to come into effect in 2020. The Panama papers leak and subsequent scandal has put significant… – Continue reading

CBDT proposes foreign tax credit rules, to help corporates

To provide relief to corporates having income abroad, the tax department today proposed simplified ‘Foreign Tax Credit’ rules allowing companies to claim credit for taxes paid overseas. The Central Board of Direct Taxes (CBDT) in its draft FTC rules said tax credit will be available to entities paying taxes in… – Continue reading

APA tax applications at four-year low in 2015-16

Firms waiting for govt to come out with revised safe-harbour rules Although the conclusion of ahead-of-time transfer pricing agreements gained momentum in FY16, applications foradvance pricing agreements (APAs) with the tax authorities fell to the lowest in four years at 130. This could be attributed to companies, especially those in… – Continue reading

Once A Tax Haven, Gibraltar Now Says It’s Low-Tax

Gibraltar, a tiny British territory at Europe’s southern tip, is famous for its geography — a huge limestone rock — that appears on the Prudential logo. It’s a global center for offshore banking, with the trappings of wealth to prove it: Luxury high-rises tower over super yachts in Gibraltar’s marina. The… – Continue reading

U.S. Treasury readies new tax rules as G20 vows to fight evasion

The U.S. Treasury Department is finalising new tax rules aimed at combating the use of shell companies to evade taxes, U.S. Treasury Secretary Jack Lew said on Saturday amid increased pledges by global finance leaders to cooperate on tax issues. In a statement to the International Monetary Fund’s steering committee,… – Continue reading

Birong: Tax Day — the real April fools

As April 18 looms near, it’s hard not to have taxes weigh heavy on our minds. For a lot of Vermont small businesses, this day can be bittersweet. Paying taxes typically means that, as a business, you’ve made money; and for most small businesses that alone is an achievement. Small… – Continue reading

David Cameron’s finances touched a nerve – tax openness is the answer

Nearly half of people say the Prime Minister’s handling of his finances was ‘morally repugnant’, according to our opinion poll, and they support public tax returns for all As the fallout from the fallout from the Panama Papers leak begins to settle, the Prime Minister is left contemplating the damage… – Continue reading

India, US to Collaborate on Tackling Offshore Tax Evasion

India and the US have agreed to enhance collaboration on tackling offshore tax evasion and increase cooperation in sharing of cross-border tax information. “We are committed to continued collaboration and sharing of experience in tackling offshore tax evasion and avoidance, including joint tax audits and tax examination abroad,” Finance Minister… – Continue reading

Apple, Microsoft among top 50 U.S. corporations using offshore tax havens

Less than two weeks after publication of the Panama Papers, a year-long investigation by hundreds of news organizations around the world, including the Star, cast a bright light on the world of offshore tax havens, a new report from Oxfam reveals how much money the 50 largest U.S. corporations have… – Continue reading

Hong Kong, Latvia Sign DTA

On April 13 in Riga, Hong Kong’s Secretary for Financial Services and the Treasury K C Chan signed a comprehensive double taxation agreement between Hong Kong and Latvia. “This is the 35th CDTA that Hong Kong has signed with its trading partners and it signifies the Government’s ongoing efforts to… – Continue reading

Ethiopia’s parliament ratifies double taxation avoidance with four countries

Ethiopia’s House of People’s Representatives (National Parliament) in its regular meeting on Friday ratified a bill to avoid double taxation with Saudi Arabia, Portugal, and Democratic People’s Republic of Korea based on the agreement the nation earlier signed with those countries. The elimination of double taxation helps to increase investment… – Continue reading

South Africa Issues Draft CbC Regulations

The South African Revenue Service (SARS) has issued draft regulations for the purpose of specifying a new country-by-country (CbC) reporting standard for multinational enterprises (MNEs). Legislative amendments to the Tax Administration Act, 2011, were effected during 2015 in order to implement CbC reporting in South Africa. They implement the OECD’s… – Continue reading

Dodging tax is not just about offshore havens

The release of the so-called Panama Papers has shone a light on the secretive world of offshore tax havens and shown the exhaustive lengths that companies and wealthy individuals will go to in an effort to avoid paying tax. The trove of documents leaked from the Panama-based law firm Mossack… – Continue reading

UK To Fast-Track New Tax Evasion Offense

The UK Government will bring forward plans to introduce a new criminal offense for companies that fail to prevent their staff from facilitating tax evasion. Prime Minister David Cameron said that the offense will be introduced in legislation this year. Cameron explained: “This Government has done more than any other… – Continue reading

Government urged to withdraw key tax avoidance provisions from law

The government should immediately withdraw key tax avoidance provisions from the income tax law and investigate sources of foreign remittances under section 111(4) of the Income Tax Ordinance 2001 and other blanket amnesty/immunity clauses in the tax laws through Statutory Regulatory Orders (SROs). A tax lawyer Waheed Shahzad Butt told… – Continue reading

EU tells companies to reveal how much tax they pay by country in latest avoidance crackdown

Businesses will be forced to declare how much they make in each European country and in certain tax havens as part of an attempt to curb schemes that shift profits out of the reach of tax collectors. The plan to introduce country-by-country reporting in Europe is the latest global curb… – Continue reading

India, Maldives sign pact to curb tax evasion

India and Maldives today signed two agreements for exchange of information with respect to taxes, and for avoidance of double taxation of income derived from international air transport. The agreements were signed during the visit of President of Maldives Abdulla Yameen Abdul Gayoom to New Delhi. Gayoom is on a… – Continue reading

No more double taxation for Zimbos working in SA

Government has gazetted a Statutory Instrument (SI) to stop double taxation of Zimbabweans living and working in South Africa or South Africans working in Zimbabwe. The provision was gazetted last Friday. Part of the SI reads: “Subject to the provisions of article 16, 18 and 19, salaries, wages and other… – Continue reading

Cayman Islands Automatic Exchange of Information Update – April 2016

FATCA Notification and Reporting Deadlines Extended The Cayman Islands Department for International Tax Cooperation (“DITC”) has issued an industry advisory advising that it will be adopting a soft approach to the upcoming 30 April notification deadline for US and UK FATCA and 31 May reporting deadline for both US and… – Continue reading

EU wants companies to disclose where they pay taxes

The European Union’s executive wants thousands of multinationals to disclose in what member states they make money and pay taxes, an effort to close loopholes and crack down on the use of tax havens. Reacting to public anger over tax avoidance by some of the globe’s best-known companies and by… – Continue reading

The problem of secretive tax havens

Panama is a tax haven, but Mauritius is one with which India has a comprehensive double tax treaty. This complicates matters more. In popular Indian imagination, a tax haven is generally associated with Switzerland and its numbered bank accounts. But tax havens are numerous, have grown in importance, and are… – Continue reading

OECD chief expects Panama cooperation to prevent tax avoidance

The chief of the Organization for Economic Cooperation and Development said Monday that the Panamanian government is expected to cooperate in international efforts to prevent tax avoidance after the revelation of the so-called Panama Papers.      OECD Secretary General Angel Gurria said in a press conference in Tokyo that… – Continue reading

The Panama Papers And FATCA – Another Cover Up?

Tax avoidance on a grand scale is nothing new – the US President Barak Obama has led the way in tackling the issue head on with the Foreign Account Tax Compliance Act (FATCA) since 2010. FATCA demands non-American financial institutions should hand over details about accounts and investments controlled by… – Continue reading

ICRC used to conceal offshore account beneficiaries

The Swiss-run humanitarian organisation International Committee of the Red Cross (ICRC) has allegedly been used without its knowledge to mask the true beneficiaries of offshore accounts whose details were leaked in the Panama Papers. According to revelations by the Swiss papers Le Matin Dimanche and SonntagsZeitung on Sunday, the ICRC… – Continue reading

G-20 to discuss combating tax avoidance

TOKYO — Measures to deter tax avoidance will be discussed at next week’s meeting of Group of 20 finance ministers and central bankers in light of the release of the Panama Papers, including expanding an information-sharing agreement to include Panama and other countries. The release of leaked documents from a… – Continue reading

The IBFM tax regime: A non-starter

Despite best intentions of the government, there have been little or no takers for India-based fund managers In 2015, the Indian government took a commendable step by introducing a new provision in the Income-tax Act, 1961 (i.e. section 9A), to promote India as a fund manager jurisdiction, and to encourage… – Continue reading

EU threatens sanctions on money laundering, tax evasion havens

BERLIN – A European Union official threatened Thursday to sanction Panama and other nations if they don’t cooperate fully to fight money laundering and tax evasion, after a leak of data showed the small country remains a key destination for people wanting to hide money. The 11.5 million documents from… – Continue reading

European Commission sets action plan for VAT simplification

The European Commission has set out a proposed action plan to modernise the EU VAT system in a move which should give more freedom to the member states The action plan will include new rules such as the implementation of key principles for a future single European VAT system, short… – Continue reading

Adventures in tax avoidance: Canada’s deep offshore tax haven connections

Much of the activity is legal, but it siphons away billions in tax revenue from government coffers The massive Panama Papers data leak shines a light not only on the dirty money being shuffled through tax havens, but also on the legal and common use of offshore accounts to significantly… – Continue reading

Commission to extend state aid investigation into more transfer pricing agreements

The European Commission is looking into advance pricing agreements (APAs) given to financing companies and other businesses to see if they constitute illegal state aid, the MNE Tax news site has reported EU competition commissioner Margrethe Vestager told the European Parliament’s TAXE 2 committee that her office has reviewed 1,000… – Continue reading

HMRC complicite in tax avoidance with ‘Tax Haven based landlords’

HMRC complicite in tax avoidance scheme after it emerged it rents its own office from tax haven based company A day on, the world is still reeling from the revelations of the Panama Papers leak, the full repercussions of which are yet to be felt. Eleven million documents leaked from… – Continue reading

Cyprus-India build on ties

Lobby groups and business associations from Cyprus and India are working to build trade relations between the two countries with an eye to a new double taxation agreement that is being negotiated. The two sides see mutual benefits to their cooperation. The Indian High Commissioner Ravi Bangar said in an… – Continue reading

African nations urged to rethink incentives

African governments should embrace meaningful bilateral investments agreements to foster sustainable economic growth on the continent. The call follows a report by the UN Economic Commission for Africa (ECA) on investment policies and bilateral investment treaties by Africa, indicating a huge gap between most of signed treaties and their actual… – Continue reading

Barack Obama: Tax avoidance is a big global problem

US President Barack Obama has warned that “tax avoidance is a big global problem” and urged Congress to take action to eliminate tax loopholes. “A lot of it is legal, but that’s exactly the problem,” he said. His comments come a day after the US Treasury Department announced fresh plans… – Continue reading

Tax incentives for small and mid-size companies

Most small and mid-sized companies can qualify for tax incentives if they claim to be developing, engineering, designing, modifying, researching or evaluating new products or product alternatives. Among those incentives is the research and development tax credit. The R&D credit is a way for companies to access cash and reduce… – Continue reading

Industry needs to be more transparent and credible: Jaitley

As “Panama Papers” expose the world’s most prominent people engaging in murky deals, Finance Minister Arun Jaitley on Monday told the Indian industry to become more “transparent and credible” in its functioning. “With the G20 (countries’ new global transparency standard) and FATCA (the US’ Foreign Account Tax Compliance Act) coming… – Continue reading