Category: Jurisdiction

Financial transparency poor in Switzerland, Hong Kong, U.S., study says

TORONTO, Nov 2 (Thomson Reuters Foundation) – Switzerland, Hong Kong and the United States have the world’s worst records on combating financial secrecy that allows the wealthy to dodge taxes or hide their money, according to a study released on Monday. Most countries’ secrecy score improved in recent years as… – Continue reading

US Administration Pushes For Swiss DTA Update Ratification

Robert Stack, US Treasury Deputy Assistant Secretary (International Tax Affairs), initiated a further push for ratification of the pending protocol to the US tax treaty with Switzerland at a hearing of the Senate Committee on Foreign Relations on October 29. Tax treaties and protocols with Switzerland, Luxembourg, Hungary, Chile, Spain,… – Continue reading

Spanish Company’s Moves in Ireland Hit Tax and Political Hot Buttons

MADRID — One part of the move had been long in the works by Grifols, a big Spanish medical company. The other came as a politically fraught surprise. When Grifols, a global leader in blood-plasma products, held a ribbon-cutting ceremony for its new $100 million distribution center outside Dublin last… – Continue reading

India: Procurement Services By Chinese Company Taxable As Fees For Technical Services Under India-China Tax Treaty: AAR

There can be no straight jacket formula to determine what is meant by “provision of service,” which may include where services are i) provided; ii) rendered; or iii) utilized. The expression ‘provision of services’ is much wider than ‘provision of rendering of services,’ and covers the services even if they… – Continue reading

The European Commission qualified member states’ tax rulings as state aid

On 21 October 2015, the European Commission decided that a tax ruling between Starbucks and the Netherlands should be considered illegal state aid. As a consequence, the European Commission ordered the Dutch State to recover the aid granted to a Dutch Starbucks group company (Starbucks Manufacturing EMEA B.V.), which is… – Continue reading

D.C. Made A Change To Its Tax Law, And Caribbean Countries Aren’t Happy About It

Faced with outrage from over a dozen otherwise placid Caribbean nations, D.C. officials are backtracking on a plan to openly call out countries it says allow big U.S. businesses to skip out on paying local taxes. At issue is a change to existing tax law made through the 2016 D.C…. – Continue reading

Vancouver real estate is a Mainland Chinese buyers’ market, study says

Vancouver real estate is a Mainland Chinese buyers’ market, study says Groundbreaking study shows 70 per cent of detached homes sold in a six-month period on Vancouver’s west side went to Mainland Chinese buyers; many of them housewives or students with little income. The dominant influence of Chinese investors in… – Continue reading

Amazon Deemed Liable For Online Tax Fraud? Shuts Down Daily-Deals Services

Amazon is reportedly liable for online tax fraud if the company fails to investigate traders who are using their sites to avoid sales tax. According to experts, online marketplaces such as Amazon and eBay could be held liable for all unpaid VAT if action was taken against them. The report… – Continue reading

Reform of the U.S. tax code still needed for the nation’s economy

As the 2016 Presidential campaign heats up with debates and public appearances replete with the candidate’s opinions on the economy, ISIS, and education, among others, few candidates have mentioned the issue of corporate tax reform, especially as it relates to a level playing field between the U.S. and foreign markets,… – Continue reading

Israel looks to join int’l anti-money laundering task force

A Financial Action Task Force (FATF) delegation visits Israel this week to consider Israel’s application for membership. “Israel is working tirelessly to upgrade its standing as a regional leader in the struggle against money laundering and financing of terrorism through persistent regulatory changes and a more effective regime. Up until… – Continue reading

Top reinsurers to open branch offices in India

IRDA norms on retrocession viewed as being restrictive Top foreign reinsurers, namely Swiss Re, Hannover Re and Scor Re would soon be applying to the insurance regulator for opening branch offices in India. The Insurance Regulatory and Development Authority (IRDA) on Friday came out with the regulations for registration and… – Continue reading

The IRS’s intensifying fight over income taxes

The Internal Revenue Service says some of America’s most successful companies have been shuttling money to avoid paying their share of federal income taxes. Microsoft is fighting IRS attempts to collect more than $2 billion from profit the software giant transferred between foreign affiliates. Amazon.com is fighting to keep $1.5… – Continue reading

IRS Offshore Programs Produce Billions – Come In And Participate Or Else …

BACKGROUND The IRS recently released IR-2015-116 announcing its offshore compliance programs have generated $8 Billion. More than 54,000 taxpayers subject to U.S. worldwide income and disclosure requirements have come in from the cold to participate in IRS offshore remediation disclosure programs since 2009. The IRS also urged taxpayers with non-compliant… – Continue reading

John Kasich wants new tax system for offshore profits, smaller government

Ohio Gov. John Kasich, fighting to rise in the Republican presidential race, says he would allow U.S. companies to repatriate without penalty trillions of dollars they have earned and kept offshore and then create a new system ensuring Americans aren’t double-taxed on foreign profits. “I’m for bringing the taxes down,… – Continue reading

FPIs continue to be haunted by MAT ghost; have to show I-T they don’t have any ‘permanent establishment’ in India

MUMBAI: Foreign portfolio investors (FPIs) are yet to exorcise the ghost of minimum alternate tax, or MAT. These offshore asset managers, based out of financial centres like Singapore, Hong Kong and New York, will now have to convince the Indian tax office that they do not have “place of business”… – Continue reading

Pfizer’s Allergan bid defies Obama’s tougher tax rules

Pfizer’s bid for $113bn Dublin-based drug maker Allergan is the biggest merger of the year, anywhere. It’s potentially good news for the Irish exchequer, which may gain a massive new taxpayer, and for businesses here like Arthur Cox, Allergan’s adviser on Irish corporate law. But a deal that may well… – Continue reading

Inniss: FATCA good for Barbados

Barbados’ reputation as a home of “serious” business and a “significant” player in international business is being enhanced with the adoption of a United States law which targets non-complaint US taxpayers with foreign accounts, Minister of International Business Donville Inniss has contended. In fact, Inniss suggested that the Foreign Accounts… – Continue reading

Small EU team leads tax battle against ‘goliaths’

A small team of European Union officials is spearheading an investigation that could force some of the world’s biggest companies to pay billions of euros in avoided taxes, Reuters reports. In an office block in one of Brussels’ less fashionable districts, the 10 Competition Directorate staff from across the bloc… – Continue reading

US ‘tax inversion’ deals skew Ireland’s FDI numbers

A spate of so-called “tax inversion” deals involving companies based in Ireland appears to be distorting the country’s foreign direct investment (FDI) numbers, The Irish Times reports. An OECD report suggests investment by Irish firms abroad more than doubled to US$75 billion in the first half of 2015. The study… – Continue reading

FATCA fact: Under new US tax law, Indian Trusts will now have to disclose details to Internal Revenue Service

Over the past decade, many Indian business families have organised themselves under trusts — a bankruptcy remote structure — to preserve wealth, protect the rights of various members, and plan for the next generation. Now, this arrangement is coming under strain for families with members staying in the US, the… – Continue reading

China: NDRC abolishes pre-approval requirement for offshore bond offerings and loans

NDRC’s easing of restrictions will likely facilitate Chinese companies’ entrance into international debt capital and loan markets. Introduction On 14 September 2015, China’s National Development and Reform Commission (NDRC) issued the Circular on Promoting the Reform of the Filing and Registration System for Issuance of Foreign Debt by Enterprises (the… – Continue reading

South Africa: South African Tax Legislation: Proposed Amendments In An International Tax Context

South African Tax Legislation: Proposed Amendments in an International Tax Context[1] This article sets out a brief summary of some of the proposed amendments introduced by recent South African draft Tax Bills. The article focuses on amendments in the context of international taxation. The draft Taxation Laws Amendment Bill, 2015… – Continue reading

Possible opportunities for refund of Dutch dividend withholding tax

Possible opportunities for refund of Dutch dividend withholding tax On 17 September 2015, the Court of Justice of the European Union (“CJEU”) ruled in three distinct (yet comparable) cases that the levy of Dutch dividend withholding tax in relation to portfolio shareholdings in Dutch companies is in conflict with the… – Continue reading

£45m UK aid cash given to tax havens: Money being used to fund public services in countries including Belize and Panama

Millions have pounds have gone to countries such as Belize and Anguilla UK paid out £45m to 13 countries on tax haven ‘blacklist’ in just one year Campaigners estimate use of offshore havens costs Treasury £18b a year Revelation will anger Tory backbenchers who have criticised Cameron British aid money… – Continue reading

FATCA fact: Under new US tax law, Indian Trusts will now have to disclose details to Internal Revenue Service

MUMBAI: Over the past decade, many Indian business families have organised themselves under trusts — a bankruptcy remote structure — to preserve wealth, protect the rights of various members, and plan for the next generation. Now, this arrangement is coming under strain for families with members staying in the US…. – Continue reading

11 arrested in major tax evasion probe involving foreign bank cards

A major investigation based on the use of foreign bank cards in the Netherlands has led to the arrest of 11 people on tax evasion charges. The seven men and four women were identified after officials carried out a major data mining project involving cards attached to foreign bank accounts…. – Continue reading

British taxpayers fork out £45m in foreign aid to paradise islands that charge NO TAX

BRITISH taxpayers forked out £45million in foreign aid spending to countries classed as tax havens in just one year, it emerged today. Nations such as Belize, Marshall Islands, Seychelles and Vanautu – which are all included on a European Commission ‘blacklist’ of international tax havens – have all received cash… – Continue reading

EU DRIVE TO CREATE SINGLE MARKET ‘WRONG-HEADED’ AND WILL LEAD TO HIGHER PRICES

The European Union (EU) is pushing ahead with its most ambitious plans to date to eliminate tax competition between member states and roll out a single market for products and services. While the commission focuses on levelling prices for products and services across the 28 member state bloc, a European… – Continue reading

OECD Talks BEPS Implementation With Eurasian Officials

In late October, public and private sector representatives from Eastern Europe and Central Asia met to discuss collaborating on the implementation of the OECD’s recommendations on base erosion and profit shifting. The meeting was hosted in Tbilisi by the Georgian Ministry of Finance and the Georgia Revenue Service, in co-operation… – Continue reading

Registration deadline for FATCA extended

As noted in our previous updates on the Foreign Account Tax Compliance Act (FATCA) and the related intergovernmental agreement between Canada and the United States for the enhanced exchange of tax information (the IGA), many Canadian financial institutions such as IFMs, portfolio managers, exempt market dealers and investment funds were… – Continue reading

Six ways the ATO uses data to catch tax-dodgers

How analytics will nab cheaters. Tomorrow is the Australian Taxation Office’s official cutoff for 2014-15 personal tax returns. Will you be tempted to tell fibs about your income? How will the tax man ever know? Take note: it may already know – or at least can find out – a… – Continue reading

Luxembourg removed from blacklist

Meeting in Barbados, members of the Global Forum will vote Friday night on Luxembourg on the report examining the country in line with international standards of fiscal transparency. This vote will be a mere formality since experts have already been doing an inventory of business reforms by the government for… – Continue reading

Mauritius promises India clean and trusted jurisdiction

NEW DELHI: Often accused of being an offshore financial centre misused for round tripping, Mauritius today assured India that it will “walk the extra mile” to ensure that its reputations as clean and trusted jurisdiction is upheld at all costs. “We will put in all the necessary efforts and walk… – Continue reading

Tianjin tragedy is very much our business

Blast waves: smoke billows from the site of an explosion that reduced a parking lot filled with new cars to charred remains at a warehouse in northeastern China’s Tianjin municipality. Most of Bermuda’s major insurers and reinsurers had significant exposures to this disaster. (Photograph by Ng Han Guan/AP Photo) Tianjin… – Continue reading

Allergan Deal Could Take Pfizer Closer to Split, Move Abroad

Pfizer Inc. may be getting closer to breaking up and moving out. The largest U.S. drugmaker and Allergan Plc are considering combining operations, according to the Wall Street Journal. A deal would give Pfizer a way to move to a low-tax legal address abroad and gain valuable specialty drugs like… – Continue reading

US Justice Department Announces Four Banks Reach Resolutions Under Swiss Bank

The Department of Justice announced today that Luzerner Kantonalbank AG (Luzerner), Habib Bank AG Zurich (HBZ), Banque Heritage S.A. and Hyposwiss Private Bank Genève S.A. (Hyposwiss Geneva) have reached resolutions under the department’s Swiss Bank Program. These banks will collectively pay penalties totaling more than $25 million and continue to… – Continue reading