Category: Statutory

EP this week: tax evasion, Libor scandal, Nato and counter-terrorism

NATO Secretary General Jens Stoltenberg and EU Counter-terrorism Coordinator Gilles de Kerchove visit Parliament this week to discuss security challenges and the EU’s response to terrorist threats. In addition MEPs vote on legislation to increase transparency when setting key interest rates, while the new special committee on tax rulings will… – Continue reading

RBC’s Bahama unit caught up in allegations involving billionaire art dealer

Royal Bank of Canada’s wealth-management subsidiary in the Bahamas is caught up in tax fraud and money-laundering allegations involving billionaire international art dealer Guy Wildenstein. French prosecutor Franck Charon confirmed on Monday that France’s tax-evasion watchdog – Parquet national financer – has recommended to an investigating judge that RBC Trust… – Continue reading

Dividend imputation clears an early tax review hurdle

Government questions dividend imputation and company tax rate Australian investors appear to have dodged a bullet, with the government’s first paper on tax reform discussing the dividend imputation system but falling short of attacking it outright as an idea that has outlived its usefulness. David Murray’s inquiry into the Australian… – Continue reading

Offshore property diversification spree continues

More JSE-listed counters announce offshore opportunities. It is becoming increasingly difficult for JSE-listed property companies to find value and attractive deals in the local market, which has seen the offshore diversification spree continue. Industry players believe that the sector has turned over the last few years, with more property counters… – Continue reading

Petition Demands End to Tax Evasion in Europe

The initiative means to lobby for a harmonization of Corporation Law in Europe to tackle tax evasion and re-fund public spending. About 40,000 Spanish citizens have signed a petition demanding measures against front companies and tax heavens in Europe, explained the activists in charge of the initiative Saturday. Beyond Spain,… – Continue reading

RBS Sells Coutts International to UBP in Swiss Retreat

(Bloomberg) — Royal Bank of Scotland Group Plc agreed to sell its Coutts International private banking business to Switzerland’s Union Bancaire Privee, as the bailed-out British lender retreats from the Swiss wealth market. RBS is expected to sell Coutts for 350 million francs ($360 million) to 400 million francs, depending… – Continue reading

Is the American offshore cash pile blinding investors to corporate weakness?

When American companies take advantage of loopholes to keep their earnings overseas and away from the American tax man, they typically justify the legal-but-embarrassing move by appealing to their responsibility to shareholders—anything to get them another buck. But a March 17 Credit Suisse report on the $2.1 trillion in cash… – Continue reading

Developments in the Luxembourg financial sector

The Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), has recently issued FAQs regarding the immobilisation of bearer shares and units, as well as a press release to remind Luxembourg alternative investment fund managers (AIFMs) and non-EU AIFMs that market alternative investment funds (AIFs) in Luxembourg under… – Continue reading

HMRC triumphs in £260m tax avoidance court battles

HM Revenue & Customs (HMRC) has secured over £260 million after triumphing against three tax avoidance schemes in tribunal battles. The Upper Tribunal dismissed an appeal brought by the investors of a scheme promoted by NT Advisors. This was HMRC’s ninth win against schemes promoted by NT Advisors. According to… – Continue reading

South Africa’s FSB Assists Mauritius, Guernsey Regulatory Probe

(Bloomberg) — South Africa’s Financial Services Board said it’s helping regulators in Mauritius and Guernsey investigate the affairs of Cobus Kellermann, a Cape Town-based money manager. “The regulators in the foreign jurisdictions have asked us to assist them in tracking particular investments” made into South Africa, Caroline da Silva, the… – Continue reading

Rory McIlroy moves business interests to Dublin rather than tax haven

Irish economy set to receive financial boost by world number one golfer’s decision to pay tax on earnings. World number one Rory McIlroy is moving his vast business interests to Ireland’s capital city Dublin, according to a report in the Irish Independent. The newspaper says that McIlroy’s decision will boost… – Continue reading

Payments and deals: IFC requests Dar to allow WHT exemption

The International Finance Corporation (IFC) has approached Finance Minister Ishaq Dar seeking withholding tax exemption on the payments made or transactions carried out by the IFC, through an amendment in the Second Schedule of the Income Tax Ordinance 2001 along with an exemption certificate from withholding tax provisions from July… – Continue reading

Dart boss shares UK platform with premier

(CNS Business): Cayman’s leader, Premier Alden McLaughlin, was joined by the COO of Dart Enterprises at the House of Lords this week in promoting Cayman when he delivered a key-note address at the Caribbean Council reception. As McLaughlin sold the crowd on the benefits of investing in Cayman and the… – Continue reading

UPDATE 1-Leaked Pacific trade pact draft shows investment carve-outs sought

(Reuters) – Australia’s medicine subsidies, Canadian films and culture, and capital controls in Chile would be carved out from investment protection rules being negotiated in a Pacific trade pact, according to a draft text released by Wikileaks on Wednesday. An investment chapter, dated Jan. 20, from the 12-nation Trans-Pacific Partnership… – Continue reading

Deferred comp plans termed unfair ‘tax avoidance’

The Democratic staff of the Senate Finance Committee has issued a report that calls nonqualified deferred compensation plans an unfair “tax avoidance” strategy and recommends ways to close “abusive loophole(s)” in the law. The report also highlights other methods of “manipulating the timing of any taxes paid and minimizing the… – Continue reading

FATCA reporting: who and what

Introduction Every non-US entity has FATCA status Passive NFFEs report substantial US owners Trustee of trust or its sponsoring entity will report US persons Other reporting FFIs in structure will carry out FATCA due diligence Reporting when US account holders are identified Enforcement Comment Introduction The policy statement in the… – Continue reading

Luxembourg: Luxembourg Government Approves Draft FATCA Legislation

On March 6 Luxembourg’s government adopted the draft legislation transposing into national law the grand duchy’s intergovernmental agreement with the US and facilitating compliance by the country’s financial institutions with the requirements of the Foreign Account Tax Compliance Act. FATCA, which was signed into law in 2010 but only took… – Continue reading

New player in offshore banking warns against parking ill-gotten gains

The tiny island nation of Dominica in the Caribbean is positioning itself as another offshore banking facility. However, its prime minister warns that if one is thinking of parking ill-gotten gains in his country, to think again. “We are open for business but at the same time we have rules,”… – Continue reading

Greens to question Foreign Investment Review Board over Adani coal venture

Senate hearings to question alleged links between firm behind Queensland’s Abbot Point coal port, a Cayman Islands company and a $1bn rorts investigation The Greens will use Senate hearings to question the Foreign Investment Review Board (Firb) about alleged links between Australia’s biggest proposed coal venture, a Cayman Islands company… – Continue reading

EP takes stance on tax transparency, burdens, avoidance and evasion

Tackling tax evasion should be a top EU priority. EU countries and the European Commission should play a leading role in discussing how to fight tax fraud and aggressive tax planning in the OECD and other relevant fora, says Parliament in its resolution on tax, voted on Wednesday. The resolution,… – Continue reading

Ghana and Netherlands sign agreement to fight tax evasion

Ghana and the Netherlands have signed a Memorandum of Understanding (MoU) for the Automatic Exchange of Information to help in efforts to fight tax evasion. The agreement would allow the tax authorities of the two countries to automatically provide each other with information about income from immovable property earned by… – Continue reading

Tax refund advances appeal to more cash-strapped Americans

WASHINGTON (AP) — Cash-strapped Americans anxious for tax refunds are increasingly turning to payment advances, prepaid cards or other costly services when getting tax preparation help, according to new federal data raising concerns among regulators about whether consumers are fully informed about the fees. Regulators are looking to increase oversight… – Continue reading

Territorial Tax Reform Won’t Curb Inversions: Study

Rather than installing a territorial tax system, the federal government should change U.S. securities rules, a law professor contends. Changing to a “territorial” tax system in the United States won’t ultimately stem the exodus of U.S.-based multinationals to lower-tax countries and could come at a significant cost in terms of… – Continue reading

Former US Treasury Official Advises Against Minimum Tax

President Barack Obama’s proposal to impose a minimum tax on the foreign income of US companies would place them at a substantial competitive disadvantage in global markets, Pamela Olson, former assistant secretary for tax policy at the US Department of Treasury, has said. As well as including proposals for a… – Continue reading

UK Budget 2015

Earlier today the UK government delivered its last budget before the UK general election in May. Many of the measures were, as one might expect so close to an election, focused on personal rather than corporate taxation. However, below is a summary of some of the business related announcements: Diverted… – Continue reading

Clearstream opens three new offshore RMB Cash Correspondent Bank accounts in Luxembourg, Singapore and Frankfurt

Clearstream now offers five offshore RMB accounts in four leading financial centres and will give customers more options and flexibility in managing offshore RMB liquidity Clearstream, the international central securities depository of Deutsche Börse Group, is making further progress in its Asia strategy: the company will open three new offshore… – Continue reading

Capetonian Kellermann accused as kingpin of R200bn Belvedere Ponzi

Cobus Kellermann, Stellenbosch University graduate now in his late 30s who runs Cape-based money manager Clarus Capital, has been fingered as a mastermind behind a massive global Ponzi scheme run out of Mauritius. Kellermann’s company also manages eight South African unit trusts under the Met Collective Investments banner. They have… – Continue reading

HMRC sees fall in tax evasion info requests to foreign gov’ts

HM Revenue & Customs contacted foreign governments on 490 separate occasions in one year as it sought information on suspected tax evasion, a drop of 150 information requests compared to the previous year. During the 2012-13 tax year, the Revenue made nearly 500 information requests to tax authorities to find… – Continue reading

Four Common Myths about the Flat Tax

America’s tax code is riddled with problems. It imposes high rates on families, businesses, investors, and entrepreneurs. Its double taxation of capital gains and dividends creates a bias against savings and investment—activities essential for economic growth. Its convoluted system of deductions, credits, and exemptions distorts incentives and inefficiently allocates resources,… – Continue reading

Blackmoney Bill in Lok Sabha provides for 10 year jail, 90% tax

Blackmoney stashed abroad will entail a 10 year rigorous imprisonment and a whopping 90% tax under the proposed stringent law that provides for a limited window of opportunity to offenders to disclose illicit wealth and escape prosecution. Blackmoney stashed abroad will entail a 10 year rigorous imprisonment and a whopping… – Continue reading