Category: Jurisdiction

British Virgin Islands: Re-Situating The BVI: Offshoreart.Co, International Finance And Contemporary Art

There is an intimate relationship between art and finance. In the public sphere, the state plays a predominant role in funding and maintaining national art collections. The private sphere is dominated by private patronage. For example, artists in medieval Italy were funded by wealthy families such as the Medici, and… – Continue reading

Consultation on offshore marketing and IP hubs

Consultation on the ATO’s practical guide for offshore marketing hub arrangements is kicking off in August. The guide may also assist taxpayers with offshore intellectual property (IP) hubs. Here is what you need to know if you market Australian produced goods offshore or have centralised your IP offshore. Do you… – Continue reading

Ukraine: New Rules for Advance Pricing Agreements Adopted

On 25 July 2015 the Cabinet of Ministers of Ukraine published an order on the conclusion of advance pricing agreements (“APA”) in respect of controlled transactions for transfer pricing purposes* (“the APA Order”). The APA Order replaces the former procedure for the conclusion of APAs which became outdated due to… – Continue reading

MEPs urge tougher stand on corporation tax

Multinationals should pay a withholding tax before moving their profits out of EU countries to ensure they are being taxed somewhere, according to a draft report from the European Parliament. The report, seen by the Irish Examiner, deals with the fallout from the Lux Leaks and follows the European Commission’s… – Continue reading

Mauritius & P-notes: Any proposed change in rules may spook Dalal Street

Just as every new government fiddles around with high school history text books, it also dabbles in Mauritius and P-notes. Both actions have a sharp, short-lived impact, leaving behind a trail of conspiracy theories. Mauritius and P-notes are ghosts that New Delhi and regulators could never quite exercise. They unfailingly… – Continue reading

PKF suggestions for 2016 Budget

These proposals can be implemented individually or as part of other reforms that may be in the pipeline PKF wishes to contribute its part towards the next budget implementation and for this purpose it has researched new areas which in its opinion warrant attention by the government during the public… – Continue reading

UK property ownership transparency will speed up the fight against fraud, says expert

Requiring the Land Registry to publish information about foreign companies that own property in England and Wales could ultimately speed up the recovery of money from fraudsters who have “hidden” victims’ money in a variety of corporate structures, an expert has said. UK prime minister David Cameron announced new measures… – Continue reading

Court Revokes Canadian Expat Voting Rights

As U.S. expats struggle with the IRS’s punitively strict tax reporting requirements, Canadian expats are now grappling with harsh government measures of their own. Ontario’s top court has ruled that Canadian expats who have lived abroad for five years should not be allowed to vote in federal elections because it… – Continue reading

George Osborne visits Paris for two-day talks — EU reform

The Prime Minister took small bites as he tucked into the Indonesian street food alongside a local celebrity, singer and actress Maudy Ayunda. “London is not a place to stash your dodgy cash”. Transparency worldwide says shell companies are a common way for moving corrupt money around the world. Some… – Continue reading

Global Tax Transparency: FATCA, CRS, European FATCA

Understanding FATCA and having a comprehensive FATCA compliance program is essential for financial firms to limit non-compliance risk and meet obligations with relevant IGA’s. The US has made inroads on the Exchange of Information front and tax havens like Switzerland have declared a willingness to meet or even exceed OECD… – Continue reading

Investor Lawsuit alleges False and Misleading Statements by Silver Wheaton Corp. (USA) (NYSE:SLW)

An investor, who purchased shares of Silver Wheaton Corp. (USA) (NYSE:SLW), filed a lawsuit in the U.S. against Silver Wheaton Corp. in connection with certain allegedly false and misleading statements made between March 30, 2011 and July 6, 2015. Investors who purchased a significant amount of shares of Silver Wheaton… – Continue reading

Cayman Islands: Improving the Cayman Product: FATCA and the Adoption of Third Party Rights

Over the past year, a number of legislative measures have been adopted to ensure that the Cayman Islands remains the leading jurisdiction of choice for structured finance and capital markets transactions and for secured lending transactions generally. This article focuses on two recent key legislative developments. The first is the… – Continue reading

Cayman Islands: Improving the Cayman Product: FATCA and the Adoption of Third Party Rights

Over the past year, a number of legislative measures have been adopted to ensure that the Cayman Islands remains the leading jurisdiction of choice for structured finance and capital markets transactions and for secured lending transactions generally. This article focuses on two recent key legislative developments. The first is the… – Continue reading

Mauritius: FATCA Reporting Deadline Extended

The Mauritius Revenue Authority has extended the Foreign Account Tax Compliance Act (FATCA) reporting deadline to 31 August 2015. The FATCA Agreement between Mauritius and the United States was signed on 27 December 2013. FATCA seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires… – Continue reading

New circular introduces key corporate-income tax changes

On June 22, 2015, the finance ministry issued Circular 96/2015/TT-BTC, guiding the corporate income tax regime in Decree 12/2015/ND-CP (“Decree 12”) of the government, dated February 12, 2015. Decree 12 provides the details for the implementation of the law that amends and supplements some articles of tax laws, tax decrees… – Continue reading

Tax implications of setting up overseas subsidiaries

There is a rising trend that many start-ups incorporate their ultimate holding companies abroad, especially in Singapore for various reasons with tax being one of the top 3 factors for such decisions. Some of them have restructured the holding structures after few months of direct Indian holding to accommodate requests… – Continue reading

Burkina Faso’s finance minister under investigation over tax evasion

OUAGADOUGOU, July 29 (Xinhua) — Burkina Faso’s Transition Parliament has questioned the country’s economy and finance minister as it opened an inquiry into tax evasion, a parliamentary source told Xinhua on Tuesday. Official sources revealed that the government had in the last five years lost approximately 40 million U.S. dollars… – Continue reading

DRC Opposition Seeks to Reopen Probe Into $3 Billion Frau

GOMA, DEMOCRATIC REPUBLIC OF CONGO—The Democratic Republic of Congo’s biggest-ever corruption probe was called off without an official explanation, according to both a Congolese lawmaker and a government spokesman. Investigators were looking into fraud that may have cost the government more than $3 billion. It was an investigation of alleged… – Continue reading

UK: BEPS and tax structuring – how does it affect the shipping industry?

There has been much recent focus on tax structures employed by multi-national corporations. This has led to an initiative, spearheaded by the OECD, to combat “base erosion and profit shifting”, or BEPS. The shipping industry is likely to be affected both directly and indirectly by the BEPS initiative – directly,… – Continue reading

Taiwan moves closer to asset management hub in Asia-Pacific

Taipei, July 29 (CNA) Taiwan issued licenses Wednesday to 14 insurance companies operating here to run offshore insurance units (OIUs), and Financial Supervisory Commission (FSC) Chairman Tseng Ming-chung (曾銘宗) said that the license issuance will help Taiwan move closer to transforming itself into an asset management hub in the Asia-Pacific… – Continue reading

Demonizing Foreign Investors For The Sins Of U.S. Tax Policy Is As Dangerous As It Is Absurd

Blaming foreigners for homegrown economic woes is a tradition of sorts in Washington. In recent years, the favored scapegoat has been China and its folkloric trade indiscretions. But, lately, some have taken to demonizing foreign companies for the sins of a broken U.S. corporate tax system. Given the importance of… – Continue reading

Look Out, Washington: Goldman-Busting Senate Panel Now Sets Sights on Government

A U.S. Senate investigative subcommittee, which has used its power for more than a decade to scrutinize corporations and financial institutions for wrongdoing, is shifting its focus to keeping tabs on the government. The U.S. Senate Permanent Subcommittee on Investigations is slated to hold its first hearing under new leadership… – Continue reading

David Cameron: UK property no safe haven for ‘dirty money’

Foreigners must not be able to buy UK homes with “plundered or laundered cash” as part a global effort to defeat corruption, David Cameron has said. Speaking in Singapore, the prime minister vowed to expose the use of “anonymous shell companies” to buy luxury UK properties – often in London…. – Continue reading

The $100 Billion Deal Is Still Out There for Pharma

Why stop at $221 billion? Drug companies are entering another round of dealmaking, after plowing past the global record. Teva Pharmaceutical Industries Ltd.’s $40.5 billion agreement Monday to purchase Allergan Plc’s generic-medicines business puts the mechanism in place to trigger more takeovers. For starters, the remaining Allergan company — with… – Continue reading

Technical Special: A Budget In Blue With Old Mutual Int’l

In the first 100% Conservative Budget in nearly two decades, chancellor George Osborne has introduced a raft of changes, including significant revisions to UK non-dom status. On 8 July, chancellor George Osborne delivered the first Conservative Government Budget for 19 years. Many headlines had already been flagged up in advance,… – Continue reading

Pharmaceutical companies accused of profit shifting not being taken to court

None of the pharmaceutical companies that are accused of profit shifting have been taken to court, the Australian Taxation Office has said in written responses to the Senate inquiry into corporate tax avoidance. Earlier in July executives from the largest global pharmaceutical companies operating in Australia were hauled before the… – Continue reading

Australian financial services firms ‘unprepared’ for FATCA

A litigation suit has been filed against the US federal government arguing the Foreign Account Tax Compliance Act (FATCA) is “unconstitutional” and violates privacy rights, with implications for Australian financial institutions. The controversial FATCA tax legislation – which was introduced by the Obama Administration in 2010 – requires foreign financial… – Continue reading

Huddersfield ‘mastermind’ behind one of Europe’s biggest tax frauds expected to face justice in Germany

A Huddersfield tycoon, accused of masterminding one of Europe’s biggest tax frauds, is expected to be extradited from the USA to Germany. Mohammad Safdar Gohir has been in a Las Vegas jail for more than a year and is now awaiting deportation to Germany following a US court’s decision. Gohir,… – Continue reading

Barbados To Host FATCA Seminar

The Barbados Revenue Authority (BRA) will host a public seminar this week entitled “Implementing the Foreign Account Tax Compliance Act: Where Are We Now?” The event will provide representatives and employees of financial institutions who do business with US persons with an update on the US Foreign Account Tax Compliance… – Continue reading

Brazilian taxpayers now required to disclose tax planning structures

The July 21 edition of the Brazilian Official Gazette contained provisional measure 685 (PM 685), which creates an obligation on taxpayers to formally report to tax authorities certain transactions that result in tax benefits. The requirement is supposedly in line with the OECD’s base erosion and profit shifting (BEPS) project… – Continue reading

Public consultation on FATCA Thursday

REPRESENTATIVES AND EMPLOYEES of various financial institutions on the island who do business with US persons will soon get an update on the Foreign Account Tax Compliance Act (FATCA). The Barbados Revenue Authority (BRA) will host a public consultation entitled Implementing the Foreign Account Tax Compliance Act: Where Are We… – Continue reading

Tax Court rules on creation of permanent establishment in South Africa

Where a foreign company renders professional services to a South African company in South Africa, it is important that the foreign entity considers whether, as a result of rendering such services, the foreign company will create a permanent establishment in South Africa. The reason why this becomes important is that… – Continue reading

Tory vow to tackle money laundering in UK rubbished by experts

White-collar criminals who launder billions by buying luxury UK properties must be tackled, Prime Minister David Cameron said on Tuesday. Experts warn these fraudsters are distorting the UK property market and pushing up house prices in the process. Cameron’s criticism of money laundering formed part of a broader speech on… – Continue reading

Tax scam targeting Canadians with IRS threats : After beginning with threats, the message ends on a somewhat confusing note

Fraudsters behind the latest phone scam making the rounds appear to believe that Canadians pay taxes to the American Internal Revenue Service. “Notice against your name for tax fraud, for tax evasion,” the recorded message begins and continues with its threatening tone. “So before this matter goes to complaint goes… – Continue reading