Category: Tax Planning

EU shines light on dirty money with central registers

The European Union has agreed rules to stamp out tax evasion and stop dirty money from criminal gangs or terrorism finance being channelled through anonymous companies. EU states and the European Parliament struck the agreement on Tuesday evening to update the bloc’s anti-money laundering rules, a statement from parliament’s economic… – Continue reading

Tax Inversions Wrap Up

There has been a recent surge in anti-tax inversion legislation discouraging companies attempting to shift corporate subsidiaries or headquarters to low-tax or tax-free countries. The issue was subjected to a great deal of publicity in April 2014 during the failed hostile takeover by Pfizer (NYSE:PFE) for AstraZeneca (NYSE:AZN) when Pfizer… – Continue reading

The trouble with Hockey’s tough talk on tax avoidance

Where do things stand with the government’s efforts to combat corporate tax avoidance and evasion, one of its priorities as G20 chair in 2014? The headlines suggest a contradictory stance. The latest headline is that Treasurer Hockey ‘backflips on tax laws to target multinational profit-shifters’. This refers to the announcement… – Continue reading

Government proposes separate unit for disposal of transfer pricing case

NEW DELHI: India is proposing to set up a dedicated dispute-resolution unit for expeditious disposal of transfer pricing cases that have in the past few years evoked strong reaction from domestic and international investors, with some dubbing this ‘tax terrorism’. Through this measure, the new government hopes to send out… – Continue reading

EU Leaders to Urge Stepped-Up Fight Against Tax Evasion

EU leaders attending today’s summit in Brussels will call for a renewed push against tax evasion as cash-strapped nations seek more ways to refill depleted government coffers. “There is an urgent need to advance efforts in the fight against tax avoidance and aggressive tax planning, both at the global and… – Continue reading

Luxembourg budget 2015 – main tax measures at a glance

Advance Agreements The so-called tax rulings and advance pricing agreements will be formalised by the introduction of appropriate provisions in the Luxembourg tax laws. By this means, Luxembourg will be able to offer as from 1 January 2015 a unified system providing taxpayers with legal certainty and a consistent and egalitarian… – Continue reading

Australia: End of calendar year: Transfer pricing, changing duty rates and other customs considerations

2015 promises to be a big year from an Australian customs perspective. However, before turning to the events of 2015, the end of 2014 brings issues of changing duty rates, transfer pricing adjustments and developments in our existing free trade agreements that need to be considered. Below we set out… – Continue reading

Australia – Transfer pricing recordkeeping, final guidance

December 17: The Australian Taxation Office (ATO) today finalised the transfer pricing ruling TR 2014/8, outlining the Commissioner’s views on the application of the recordkeeping provisions in Subdivision 284-E of Schedule 1 to the Taxation Administration Act 1953 (Subdivision 284-E). Taxpayers need to adequately address the requirements of Subdivision 284-E… – Continue reading

Investigation into tax rulings to be extended to all EU member states, says Commission

An investigation into tax rulings provided by certain EU member states is to be widened to cover all member states, according to a press release from the European Commission.17 Dec 2014 Tax Disputes and Investigations EU & Competition Tax Public procurement and state aid Corporate tax International tax UK Europe… – 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

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

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

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

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

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

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

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

Inversions Are Often Last Stop for Avoiding U.S. Taxes

The surge in U.S. companies avoiding taxes by taking a foreign address has been condemned by President Barack Obama and stirred a policy debate in Congress. What’s often overlooked is that these “inversions” are typically a final step in a hopscotch of multinational tax dodging. Many companies invert after years… – 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

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

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

Luxembourg tax whistleblower says he acted out of conviction

Former PricewaterhouseCoopers auditor charged with theft and violating trade secrets in wake of LuxLeaks scandal speaks out A 28-year-old former PricewaterhouseCoopers auditor charged with theft and violating trade secrets in Luxembourg in the wake of the LuxLeaks tax avoidance scandal has revealed his identity and claimed he acted out of… – Continue reading

New Study: Crime, Corruption, Tax Evasion Drained a Record US$991.2bn in Illicit Financial Flows from Developing Economies in 2012

Illicit Flows from Developing & Emerging Countries Growing at 9.4% per Year US$6.6 Trillion Stolen from Developing World from 2003-2012; Trade Misinvoicing Responsible for 77.8% of Illicit Outflows China, Russia, Mexico, India, Malaysia—in Declining Order—Are Biggest Exporters of Illicit Capital over Decade; Sub-Saharan Africa Still Suffers Biggest Illicit Outflows as… – Continue reading

Multistate Tax Commission Gauges State Interest in Funding Transfer Pricing Expertise and Expands Audit Program

At its Fall Meeting in Nashville, Tennessee on December 11-12, the MTC’s Executive Committee voted to formally contact states to solidify whether there is sufficient financial commitment to fund any potential MTC transfer pricing program. The MTC also formally announced that Iowa, Pennsylvania and Rhode Island will join the MTC… – Continue reading

Jersey: The Shifting Position Between Lawful Tax Avoidance & Unlawful Tax Evasion

1. The traditional attitude to tax avoidance is encapsulated in the judgment of Lord Tomlin in the English case of IRC v Duke of Westminster (1936): “Every man is entitled if he can to arrange his affairs so that the tax attaching under the appropriate Acts is less than it… – Continue reading

The OECD action plan on Base Erosion and Profit Shifting

IN TAX, the latest global buzzword is “BEPS” or base erosion and profit shifting. BEPS refers to the practice of multinational corporations (MNCs) of shifting profits from high tax jurisdictions to low tax jurisdictions as a tax mitigation strategy. In February 2013, the Organization for Economic Co-operation and Development (OECD)… – Continue reading

New Luxembourg leaks reveal James Packer’s PBL in secret Swiss tax deal

A secret deal with the Swiss government negotiated by media group Publishing and Broadcasting Ltd when James Packer was chief executive set a tax rate of less than 2.15 per cent on PBL’s intra-company loans. “We do have good news for you!” Ernst & Young Swiss partner Markus Huber wrote… – Continue reading

How Google and Apple Make Their Taxes Disappear

Around the world, countries are desperately seeking ways to stop multinational companies from earning profits within their borders without paying taxes on them, while stashing trillions in tax havens like the Cayman Islands. The British government, after a search, says it knows how to tax the profits Google earns in… – Continue reading

Exemptions, concessions: FBR suffers Rs 361 billion annual loss

The Federal Board of Revenue (FBR) is suffering massive revenue loss of Rs 361 billion per annum on account of estimated tax expenditure in direct taxes, ie, equivalent to 1.6 percent of the Gross Domestic Product (GDP) as a result of exemptions and concessions to various sectors. Former Finance Minister… – Continue reading

Corporate transparency The openness revolution

As multinationals are forced to reveal more about themselves, where should the limits of transparency lie? HOWARD SCHULTZ, the head of Starbucks, said last year that “the currency of leadership is transparency.” If so, bosses should be feeling ever more qualified to command their troops. Business is being forced to… – Continue reading

Suspect charged in LuxLeaks tax scandal

The suspected leaker of documents that revealed confidential tax avoidance deals between Luxembourg and hundreds of multinational companies has been charged with theft, money-laundering and exposing trade secrets, prosecutors said. The suspect’s identity has not been revealed, but at Luxemburger Wort we have identified that he is a French former… – Continue reading

Maryland nonprofits investing in offshore accounts

When the Chesapeake Bay Foundation, the Johns Hopkins University and other Maryland nonprofits want to maximize the money they can spend in pursuit of their missions, they do what many wealthy individuals and businesses do. They open investment accounts overseas. Many of Maryland’s wealthiest nonprofits — including the University of… – Continue reading