Category: Statutory

United States: Why Has The IRS Outsourced Microsoft’s Transfer Pricing Audit To A Private Law Firm?

Perhaps it was just a matter of time until the Internal Revenue Service decided to “outsource” its tax audit and litigation function to a private entity, i.e., a law firm. As reported in the December 8th issue of Tax Notes, the Service has hired the law firm of Quinn Emanuel… – Continue reading

Officials use IT to catch tax dodgers

Please credit and share this article with others using this link:http://www.bangkokpost.com/business/telecom/448032/officials-use-it-to-catch-tax-dodgers. View our policies at http://goo.gl/9HgTd and http://goo.gl/ou6Ip. © Post Publishing PCL. All rights reserved. The Revenue Department has adopted an IT system to track taxpayers with irregularities in their tax payments as part of its effort to increase collection… – Continue reading

Peru Capital-Gain Tax Suffocates Stock Market, Exchange Says

The Lima Stock Exchange urged Peru to eliminate a 5 percent capital-gain tax on equities, saying it has deterred investors and contributed to a drop in trading volume over the past five years. The country’s weighting in global portfolios has fallen 40 percent since 2010, and the tax has helped… – Continue reading

North America leads global increase in MAP uptake

The US and Canada are at the forefront of a global increase in new mutual agreement procedures (MAPs) being initiated, OECD figures show. There were 1,910 new MAPs in 2013, a 14% increase from 2012, when there were 1,678 new MAPs. North America accounted for most of this growth, with… – Continue reading

TAX EVASION AND REFORMS IN GREECE – ANALYSIS

Greece is currently implementing a fiscal adjustment programme aimed at tackling tax evasion. This column discusses the impact of recent tax administration reforms on tax compliance in Greece. The intensification of audits, enforcement of penalties, and efficient collection of past debts can induce tax compliance and raise the collected revenue…. – Continue reading

Putin: Russian Business Should Be Freed From Obsessive Contro

During his address to the General Assembly on Wednesday Russian President Vladimir Putin stated that Russian business should be freed from obsessive control. MOSCOW, December 4 (Sputnik) — Russian President Vladimir Putin stated Thursday that it is necessary to lift restrictions for Russian business, freeing it from obsessive control. “As… – Continue reading

Dechert OnPoint: Georgian Law Developments – Talking Taxes

Dechert Georgia, through the contribution of partners Archil Giorgadze and Nicola Mariani joined by senior associates, Ruslan Akhalaia and Irakli Sokolovski, is partnering with Georgia Today on a regular section of the paper which will provide updated information regarding significant legal changes and developments in Georgia. In particular, we will… – Continue reading

Russian Federation: How To Reduce The Risk Of Criminal Liability For Tax Evasion

Business people often believe that the only consequence of a tax offence will be the claim for the outstanding (non-paid) taxes and administrative penalties. The issue of potential criminal liability of the chief executive officer is usually disregarded. This may be a serious mistake of the affected company and its… – Continue reading

British Virgin Islands: Record Keeping Obligations For BVI Companies, Partnerships, Trusts And Other Organisations

BVI Business Companies A1. What is the law on keeping and retaining records? Section 98 of the BVI Business Companies Act 2004 (BCA) has always provided that a BVI business company must keep records that: are sufficient to show and explain the company’s transactions; and will, at any time, enable… – Continue reading

Is your tax-free savings account safe from tax collectors?

A Canada Revenue Agency crackdown on tax-free savings accounts has some people wondering whether TFSAs will always be shielded from a federal government that might be looking to generate cash. Here’s what will get your TFSA audited by the CRA Bank of CanadaCanada’s Taxman has an audit project targeting Canadians… – Continue reading

Russia enacts anti-offshore tax legislation

MOSCOW, Nov. 25 (Xinhua) — Russian entrepreneurs must report to tax authorities about their ownership of shares in the off- shore jurisdictions, according to the law signed by President Vladimir Putin on Tuesday. The new law introduces an amendment to the Russian Tax Code that will force Russian owners of… – Continue reading

Transfer Pricing Compliance in Nigeria: What Next? (2)

TRANSFER pricing (TP) audit is a bit different from normal tax audits.  It primarily focuses on reviewing transfer pricing returns and supporting TP documentation submitted by taxpayers who had engaged in related party transactions in the preceding year of assessment.  This approach is necessary in order for the tax authority… – Continue reading

$1 Billion: That’s How Much Walmart Avoids Paying in Taxes Each Year Through Loopholes

This Black Friday, legions of shoppers will throng to their local Walmart in frenzied pursuit of holiday deals. But it turns out that Walmart has saved the sweetest deals for itself. In a recent analysis of Walmart’s tax spending, Americans for Tax Fairness (ATF) found that the company “avoids $1… – Continue reading

Transfer Pricing: A Developing Area in Slovak Tax Law

Transfer pricing can be identified as an area of tax law that continues to attract the attention of both tax authorities and businesses worldwide. The growing importance of transfer pricing can be observed in the Slovak Republic as well, as it has become one of the dominant tax issues addressed… – Continue reading

Tax man mulls new transfer pricing law

THE South African Revenue Service (SARS) is investigating possible changes to the law to make it easier for it to audit transfer pricing by multinational companies to ensure that they pay their rightful tax dues to the government. The need to maximise tax revenue has become particularly acute in the… – Continue reading

The UK emerges as a competitive holding company regime

UK and multinational enterprises are starting to consider (re)organising themselves under a UK holding company for their global operations, rather than using other traditional onshore holding company jurisdictions. This new trend is the result of a number of factors, which have moved the UK from an outside choice as an… – Continue reading

Bank provisions for home loans raised to 1.5 percent

Domestic banks are to be required to allocate 1.5 percent of their total housing loans as provision for bad debts within the next three years to reduce risks should the property market slow down, the Financial Supervisory Commisson (FSC) said yesterday. The announcement came after the commission reached an agreement… – Continue reading

Ex-Billionaire Wyly Bankruptcy Pits Church Against State

Former billionaire Samuel Wyly’s Dallas church is taking on the might of the U.S. government for a scrap of the businessman’s remaining fortune. Wyly, who filed for bankruptcy after losing a fraud lawsuit by the Securities and Exchange Commission, owes $20,000 to the Third Church of Christ, Scientist, under a… – Continue reading

Westpac closes door on money transfer operators as terror laws bite

Westpac will shut down the accounts of money transfer operators on November 24, due to growing fears about breaching strict terrorism financing and anti-money laundering laws, leaving hundreds of legitimate remitters to developing countries in the lurch. Westpac is the last of the four major banks to withdraw from servicing… – Continue reading

MLPs Can Generate Tax Bills In Retirement Accounts

It’s a surprise to many people that MLPs generate taxable income in retirement plans requiring a tax filing and payment of taxes. Traders and investors are interested in using their IRA and other retirement plan accounts (collectively referred to as “retirement plans”) for making “alternative investments” in publicly traded master… – Continue reading

Nigeria: Still On the Taxation of Foreign Companies Operating in Nigeria

IN July 2014, the Federal Inland Revenue Service (FIRS) sent letters to some tax consultants requesting their non-resident clients operating in Nigeria to file complete tax returns effective from 2014 tax year. In practice, non-resident companies file their tax returns on the deemed profit basis. Following an initial period of… – Continue reading

Corruption fighters confident for G20 tax haven crackdown

G20 guide: what to expect Brisbane residents will experience “longer travel times” as G20 forces roads and bus stations to be closed in the CBD and South Bank. Autoplay ONOFFVideo feedbackVideo settings G20: full coverage The global coalition against corruption – Transparency International – hopes Sunday’s G20 closing statement in… – Continue reading

Cayman Islands: Asian Firms Face Growing Offshore Compliance Risks

Imagine a scenario in which a Hong Kong-based hedge fund manager establishes and appoints an offshore management company to provide investment management services for its fund. On one hand, the fund’s structure ensures a clear operational base. But at another level, key governance procedures are often neglected. These tasks include… – Continue reading

Tax agency to help cut tax risks at foreign firms

The National Tax Service (NTS) said Thursday that it will help foreign companies in Korea reduce potential tax uncertainty regarding their cross-border transactions with parent firms. From 2015, the NTS will allow foreign firms that earn less than 50 billion won ($46 million) a year in sales to focus on… – Continue reading

hong kong loans offshore banking taiwan China Offshore investment statutory> accounts and audit

Nov 5 (Reuters) – The Hong Kong Monetary Authority (HKMA) has launched an onsite examination into Hong Kong-based Taiwanese banks’ loan exposure to mainland Chinese companies, banking sources said on Tuesday. The HKMA, which is responsible for maintaining Hong Kong’s monetary and banking stability, stepped up its supervision of Hong… – Continue reading

Big 4 Audit Firms Play Big Role in Offshore Murk

For more than a decade, tax gurus at PricewaterhouseCoopers helped Caterpillar Inc., the U.S. heavy equipment maker, move profits produced by its lucrative spare-parts business from the U.S. to a tiny subsidiary in Switzerland. Little changed except the bookkeeping. Parts were still shipped from suppliers to a warehouse in Morton,… – Continue reading

UK aid investments target tax havens

Private sector arm of DfID and other EU development institutions channel significant investments to offshore havens, study finds More than two-thirds of the investments made by the private sector arm of the UK’s aid programme last year were channelled through “notoriously secretive” tax havens, according to a report that calls… – Continue reading

Why it’s difficult to bring black money back

The government may have revealed the names of three black money account holders, but will it be able to get the money back or catch big fishes who have stashed the illegal money in tax havens across the globe. As of now it seems impossible. With at least three different… – Continue reading

Taxpayers Australia tackle ‘tiny’ Facebook

In a recent Senate Estimates hearing, Greens Senator Christine Milne probed ASIC representatives to explain why they consider Facebook Australia a ‘small’ company, especially considering the parent organisation is worth a staggering $US33.3 billion. Facebook Australia is a ‘small’ company by its own determination and it is registered as such… – Continue reading

Australian Greens want Facebook audited over tax loophole

Christine Milne says Australian Securities and Investments Commission should target ‘smaller enterprise’ exemption Facebook Australia has not lodged annual accounts since 2009 because it says it is a smaller enterprise and exempt from having to file. Photograph: Jonathan Nackstrand/AFP/Getty Images The Greens are calling on the Australian financial services watchdog… – Continue reading

Upcoming Nationwide Transfer Pricing Investigation Against Outbound Service Fee And Royalty Payments

On 29 July 2014, the China State Administration of Taxation (SAT) released an internal notice to the China tax authorities at the provincial levels, in the name of “Notice on Antiavoidance Investigation against Large Amount Outbound Payments” (Circular Shui Zong Ban Fa [2014] No. 146, Notice 146), urging a nationwide… – Continue reading

Isle of Man court can hear fraud case filed against Mumbai-builder Hiranandani

MUMBAI: The Isle of Man appellate court last week rejected builder Niranjan Hiranandani’s appeal, challenging its jurisdiction over a case of fraud and misconduct filed against him by Hirco Plc. Hirco, a property investment fund, had raised Rs 3,000 crore from global investors in 2006, to be invested in Hiranandani’s… – Continue reading

Twitter accounts point to UK sales heading offshore

Twitter is funnelling much of the revenue it generates in Britain through an offshore sales structure, newly published annual accounts suggested today. Twitter UK has filed abbreviated 2013 accounts for a small company under Companies House rules, which are usually applicable to a business with an annual turnover of less… – Continue reading

UBS Clients Lead Canada Surge in Admitting Hidden Income

Clients of UBS AG (UBSN), Switzerland’s largest bank, have led a five-fold surge in the number of Canadian residents reporting hidden offshore income over the past eight years. Almost 6,000 taxpayers came forward in the past 12 months as part of the Canada Revenue Agency’s voluntary disclosure program to report… – Continue reading

Hong Kong Signs on to New OECD Global Tax Standards

HONG KONG – The government of Hong Kong has recently announced that it will support the Organization for Economic Cooperation and Development’s (OECD) new global standards on the automatic exchange of information for the purpose of enhancing tax transparency and combating cross-border tax evasion. Earlier this year, the OECD released… – Continue reading

Weighing tax benefits of S corporations

Factors to consider in deciding which type of incorporation is best for you AS TAX LAWS continue to evolve, so do choices of entity. Being mindful of the alternatives is critical to achieving tax benefits. Both S corporations and Limited Liability Companies (LLC’s) are flow-throughs, which have long been a… – Continue reading

Firms issuing offshore bonds hit a company law hurdle

NEW DELHI, SEPTEMBER 11:   Indian companies looking to raise money abroad through offshore bond issuances to overseas investors are in a bind, thanks to the new company law requirement around private placement of securities. They are now looking up to the Corporate Affairs Ministry (MCA) to provide clarity on whether… – Continue reading

CFTC Concerned Over Big Banks Transferring Trading Operations Offshore

The Commodity Futures Trading Commission (CFTC) is wary of banks invoking guarantees on foreign swap deals, and is taking steps to scrutinize such activity. The Commodity Futures Trading Commission (CFTC) is wary of US banks shifting their trading activities offshore and has urged other regulators to scrutinize banks involved in… – Continue reading

FIFA audit panel asks member quizzed in Cayman Islands corruption case to explain his arrest

FIFA’s financial monitoring panel has asked one of its members to explain his arrest in a corruption case. Canover Watson was detained in his native Cayman Islands on Aug. 28 by police anti-corruption and financial crime units. Local media reported that Watson was quizzed about alleged money laundering and abuse… – Continue reading

Offshore incorporations up in Cayman and worldwide

Despite the political and media pressure on offshore financial centers, new incorporations of offshore companies worldwide continue to grow. A new report on offshore company incorporations by law and fiduciary firm Appleby shows that new company registrations increased in most offshore jurisdictions in the second half of 2013. “As the… – Continue reading

Franking credits a key part of Australia’s economic machine

The sharemarket has settled into a consolidation phase at between 5400 and 5600 index points, mirroring changes in overseas markets. While analysts are confident the current reporting period will not produce unexpected changes to their forecasts, international political instability makes further upward movement in prices unlikely. Compared with overseas markets… – Continue reading