Category: Jurisdiction

Pettingill: Corruption claims innuendo, lies

Former Attorney-General Mark Pettingill describes the suggestion he had someone seeking payment of a bribe on his behalf as “ridiculous” A developer’s allegations of Government corruption over the development of the Hamilton waterfront are “farcical” and based on “hearsay, innuendo and lies”, according to Mark Pettingill, the One Bermuda Alliance… – Continue reading

South Africa: Country-By-Country Reporting In South Africa

On 8 June 2015, the Organisation for Economic Co-operation and Development (“OECD”) released a Country-by-Country Reporting Implementation Package developed under the OECD’s base erosion and profit shifting (“BEPS”) Action Plan 13: Re-examine Transfer Pricing Documentation. BEPS was identified as a risk to tax revenues, tax sovereignty and the tax fairness… – Continue reading

Cyprus: Cyprus Funds

Introduction The regulatory framework in Cyprus is all-encompassing but still attractive to investment funds for varied investor requirements. An investment fund may be set up in Cyprus either as an Alternative Investment Fund (“AIF”), or as an Undertaking for Collective Investment in Transferable Securities (“UCITS”). Cyprus administers all internationally recognized… – Continue reading

Canada: Interest Deductibility In Canada: What’s The Fuss?

This article deals with the manner in which Canada has complicated, and rendered controversial, what in most other countries is straightforward — the deductibility of business related interest expense. The reasons to write about it are threefold: the almost-concurrent issuance of the Canada Revenue Agency’s administrative views on the matter… – Continue reading

The Netherlands: Recent Financial, Regulatory and Legislative Developments

With the focus of 2014 being international tax competition, 2015 shows signs of continuing this trend. The European Commission (COM) and European Parliament (EP) are starting to debate and extensively investigate Member States’ tax ruling policies, partly as a result of the LuxLeaks revelations and partly in relation to the… – Continue reading

“Fatca Relief Coming for U.S. Expats” (The Wall Street Journal)

Financial Adviser Jonathan Lachowitz of White Lighthouse Investment Management published the following editorial regarding FATCA on the The Wall Street Journal on Tuesday July 28th: Managing personal financial issues is challenging for most people. For American expats, the normal complexities and expenses are compounded by a panoply of post-financial crisis… – Continue reading

US govt faces FATCA lawsuit

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, reports the Investor Daily. The complaint was officially filed in a federal court in Dayton, Ohio on Tuesday, and names the Treasury Department and Inland… – Continue reading

Singapore’s unlawful money fight faces compliance challenges

Singapore’s fight to stem illicit fund inflows has shoved private bankers into a new quandary – finding enough qualified compliance specialists to ensure the money passing through their accounts is clean. Like other wealth management centres around the world, Singapore is forcing banks to make more stringent checks on their… – Continue reading

P-note crackdown may weigh heavy on markets : This route accounts for Rs 2.75 lakh crore of FPI holdings

The Supreme Court-appointed special investigative team’s (SIT’s) recommendation of stricter norms for participatory notes (P-notes), to check the flow of unaccounted money, is likely to be viewed negatively by the market. The SIT had last week suggested the Securities and Exchange Board of India (Sebi) put in place regulations to… – Continue reading

European Union: The EU Blacklist Of Tax Havens

Over the past few weeks the European Union has published a list of 30 countries which have been listed as non-cooperative jurisdictions. This publication was part of a wider publication: the “Action Plan for Fair and Efficient Corporate Taxation in the EU” which also includes the Re-Launching of the CCCTB…. – Continue reading

Citigroup’s Mexican Operations Under Wider Scrutiny For Possible Money Laundering

Citigroup’s headache over inquires into its Mexican subsidiaries Banamex and Banamex USA’s alleged lax compliance with U.S. federal anti-money-laundering rules just got worse. Last week, the Department of Justice expanded its money-laundering probe of Banamex, Bloomberg reported on Friday. In January, the Department of Justice issued a subpoena to Banamex,… – Continue reading

Japan – Article 7 (Business profits) under UK tax treaty

July 27: Japan’s Ministry of Finance announced the exchange of diplomatic notes concerning application of Article 7 (Business profits) under the new income tax treaty between Japan and the United Kingdom. Background Provisions of the amended Japan-UK income tax treaty (signed 17 December 2013) generally were effective 1 January 2015…. – Continue reading

Getting to Grips with How Latin America’s Tax Laws Impact Outsourcing Operations

With different tax laws, exemptions, double taxation treaties and free trade zones for services exports affecting outsourcing operations across Latin America, gaining a solid understanding of the distinct tax obligations in each country is imperative. In a bid to attract investment, several Latin American countries have introduced double taxation treaties,… – Continue reading

Kelly Conklin: Wal-Mart’s tax shelter is bad for small businesses

Recent revelations that Wal-Mart, the world’s biggest corporation, is maintaining secret subsidiaries in well-known offshore tax havens are outrageous but far from surprising to small business owners. That’s because we’re used to seeing large corporations abuse the tax system in ways that hurt our businesses, communities and families. Wal-Mart’s hidden… – Continue reading

Brazil implements disclosure mechanism in the context of BEPS Action Plan 12

Following the trends of countries such as Spain and Mexico, among others, Brazil has begun to amend and introduce new legislation to reflect BEPS recommendations in its internal legislation. Provisional Measure (PM) 685 was issued this month, determining a disclosure procedure as a result of BEPS Action Plan 12 (Mandatory… – Continue reading

Brazilian Federal Revenue Secretariat clarifies application of PCI and PECEX methods

Consultation Solution no. 176, published by the Brazilian Federal Revenue Secretariat on July 8, 2015, made clear the tax administration’s position to require application of the PCI and Pecex methods on import and export transactions involving commodities, by determining the reliable sources of information to obtain the parameter prices for… – Continue reading

The future is transparent : As banking secrecy comes to an end, taxpayers with overseas assets should ensure they are on the right side of what can be draconian law.

It is widely recognized that offshore banking secrecy is fast becoming a thing of the past. The signing of bi-lateral and multi-lateral agreements between jurisdictions and the fast approaching Common Reporting Standard (CRS) under which jurisdictions will automatically exchange financial information has seen to that. The UK’s voluntary disclosure program… – Continue reading

EY: MENA governments considering new tax measures to meet budget expenditures

The evolving tax landscape in the MENA region was discussed at the EY MENA Tax Conference held recently in London. The conference was attended by EY Tax specialists and senior finance and tax executives from major European companies with investments in the MENA region. Sherif El-Kilany, MENA Tax Leader, EY,… – Continue reading

Britain’s favourite retailer is… Amazon! Poll reveals how much shoppers love online giant branded a tax avoider

Amazon has topped a poll to find Britain’s favourite retailer – despite being dogged by allegations of tax avoidance and not paying staff well. The online retailer, which is also embroiled in a row over authors’ rights, came first in a huge survey of British consumers carried out by media… – Continue reading

This Week in The Bahamas – Commentary by Elcott Coleby: July 19 – 24, 2015

Bahamas Supreme Court rejects Baha Mar’s Delaware chapter 11 application In a ruling by Justice Ian Winder on Wednesday of this week, The Bahamas Supreme Court Denied Baha Mar’s Chapter 11 Bankruptcy Recognition Petition. This paves the way for the Supreme Court to appoint a provisional liquidator on the 31st… – Continue reading

Russell Bedford Firm SMP Partners Announces Launch of FATCA and CRS Reporting Tool

London, United Kingdom, July 25, 2015 –(PR.com)– A Secure On-line Reporting System which provides a cost-effective method for financial institutions’ FATCA and Common Reporting Standard (CRS) reporting requirements has been successfully deployed. Developed by Webtech Limited in conjunction with Russell Bedford’s Isle of Man member firm SMP Partners, the solution… – Continue reading

Kenya: Bold New Bilateral Agreements Cement U.S.-Kenya Ties

Kenya signed several pacts with the US during talks between US President Barack Obama and Kenya’s President Uhuru Kenyatta, signalling a deepening of bilateral relations in trade and investment. Addressing a joint press conference, President Obama said discussions on the prospects of introducing direct flights between the two countries were… – Continue reading

Foreign criminals use London housing market to launder billions of pounds

Corporations, usually based in offshore tax havens, are sometimes used by buyers keen to hide ownership of assets, says National Crime Agency spokesman Foreign criminals are using the London housing market to launder billions of pounds, pushing up house prices for domestic buyers, a senior police officer has warned. Donald… – Continue reading

HMRC claims victory against £29 million tax avoidance scheme

HM Revenue & Customs (HMRC) has won a case against £29 million ‘sham’ tax avoidance scheme in a tribunal case, reports Citywire. The First-Tier Tribunal rules against tax avoidance scheme the Brain Disorders Research Limited Partnership and partner Neil Hockin’s attempts to claim £29 million in tax relief. The investors… – Continue reading

Switzerland, Germany agree deal on cross-border banking

Switzerland and Germany have reached an agreement on the provision of cross-border banking services, reports Tax News. The agreement clarifies issues regarding the delayed implementation of the 2013 bilateral Memorandum on the cross-border provision of financial services. As a result, Swiss banks are now eligible to apply under the simplified… – Continue reading

Azerbaijan completed preparation of draft agreement with U.S. on FATCA

Baku, Fineko/abc.az. The Azerbaijan’s Ministry of Taxes pays much attention to agreements on information exchange. According to Orkhan Musayev, International Relations Department Manager at the Ministry, such agreements, the same as agreements on elimination of double taxation, are very important. “So far, the Ministry of Taxes has signed agreements on… – Continue reading

Third party returns – exchange of information in accordance with international tax standards

In order to provide the necessary legislative amendments required to implement the tax proposals that were announced in the 2015 National Budget on 25 February 2015, the National Treasury (Treasury) published the 2015 Draft Tax Administration Laws Amendment Bill (TALAB) on 22 July 2015 for public comment. One of the… – Continue reading

Despite Fatca clearance, MFs shun investment from US, Canada

Fatca was introduced in 2010, to curb offshore tax evasion by US entities and citizens Even after the signing of a treaty between the governments of India and America to comply with the latter’s Foreign Account Tax Compliance Act (Fatca), mutual funds (MFs) continue to remain wary of accepting investments… – Continue reading

Guernsey: fund domicile

Guernsey’s growth shows no sign of abating Guernsey’s reputation as a major fund domicile continues to grow. Figures from Guernsey Finance testify to this with funds under management and administration in Guernsey standing at £218.7 billion at December 2014. These funds cover multiple asset classes and types including closed-ended and… – Continue reading

Guernsey meets the global tax challenges

The implementation of stricter taxation scrutiny globally shows no sign of abating. Nonetheless, Guernsey is well-placed to meet many of these challenges, and indeed thrive in this new world order. Guernsey has repeatedly demonstrated an ability to comply with international obligations and adapt to challenges and changing circumstances and the… – Continue reading