Category: Jurisdiction

Complaint lodged with ASX over Adani job claims for Carmichael mine

A complaint has been lodged with the ASX alleging an announcement about Australia’s biggest coal development contained misleading information about the project’s economic potential. In December last year Downer EDI Limited announced to the ASX its partnership with Adani Mining, to provide services for the controversial Carmichael mine in central… – Continue reading

Indonesia to tighten corporate debt financing rules

May 13 Indonesia’s finance ministry plans to tighten a tax regulation to ensure firms’ have sufficient cash buffers against the amount of debt they take in a bid to better manage their foreign debt exposure and boost the government’s tax revenue. Finance Minister Bambang Brodjonegoro told a press conference on… – Continue reading

FIIs get another small dose of relief, fresh tax notices on hold

The announcement marks an attempt to defuse the raging controversy over MAT payouts, which has dented the outlook of foreign institutional investors toward the country’s stock and bond markets. The government on Monday announced it had stayed the issue of fresh notices to foreign institutional investors regarding the alleged non-payment… – Continue reading

Hong Kong: The Impact Of BEPS On Your Relationship With Customs Authorities

If you are moving or trading goods across borders, this topic should be of primary importance from both a Transfer Pricing and Customs perspective. There is potential for you to have Transfer Pricing and Customs exposures in your supply and value chains as a result of the OECD/G20 initiative on… – Continue reading

Fed Bars Indicted Former Credit Suisse Bankers From Industry

The Federal Reserve barred Markus Walder, the former head of North America offshore banking at Credit Suisse Group AG, and four other previously indicted ex-bankers at the company from employment in the banking industry. The five were indicted for conspiracy to defraud the U.S government by assisting U.S. citizens’ evasion… – Continue reading

China Clarifies Tax Treatment of Indirect Asset Transfers

The Chinese government has been paying close attention recently to the effects of offshore entities having ownership or control of Chinese companies or assets. Following the release of the draft Foreign Investment Law in January 2015, the State Administration of Taxation (SAT) issued a Bulletin on the tax treatment of… – Continue reading

MoF holds 2015 consultative meeting on double taxation avoidance and the protection and promotion of investment agreements

The Ministry of Finance (MoF) recently organised a consultative meeting at its premises in Abu Dhabi; which was attended by key UAE foreign investment partners at a federal and local level. The meeting covered future plans to grow the UAE’s network of double taxation avoidance as well as protection and… – Continue reading

Vietnam: Contract Manufacturing And Tolling Agreements

I. VAT and Customs In many cases, the principal in the contract manufacturing relationship owns some or all of the raw materials, work-in-process and finished goods throughout the manufacturing process. The principal and many of the suppliers are typically outside of the manufacturing jurisdiction. 1. Generally Speaking, What Are The… – Continue reading

Chinese multinationals to be subject to stricter rules governing outbound transfer pricing payments

New rules applicable to payments made by Chinese companies to ‘related’ companies offshore will prevent them from artificially shifting profits to lower tax jurisdictions through “unreasonable” service and royalty payments, the State Administration of Taxation (SAT) has said. Circular 16, which came into force on 18 March, and its accompanying… – Continue reading

Switzerland: Total Return Swaps – Swiss Federal Supreme Court Sides With Federal Tax Authority (FTA) By Denying Reimbursement Of WHT

On 5 May 2015 the Federal Supreme Court rendered its long awaited decision on a withholding tax (WHT) reimbursement claim related to Total Return Swaps. The case was based on essentially the following facts: a Danish bank entered into swap contracts with clients in England, Germany, France and the US…. – Continue reading

MEPs voice support for whistleblowers

Investigative reporter suggest financial rewards for tax whistleblowers “Whistleblowers should receive protection when they reveal behavior that goes against the public interest and not only when they reveal illegal activities. There should also be more openness about tax rulings and similar arrangements and countries which defraud other countries should be… – Continue reading

KPMG Responds To Hockey’s Tax ‘Integrity’ Measures

Grant Wardell-Johnson, KPMG Tax Partner, has said that while it would have been better for Australia to await the outcome of the OECD’s base erosion and profit shifting Action Plan, the international tax measures proposed recently by Treasurer Joe Hockey “have the benefit of being highly targeted.” On May 11,… – Continue reading

Online tax laws holding SA companies back

South African companies are unable to compete with multinationals selling goods and services online in the country, partly as a result of tax laws. This is according to financial services group PwC, which argues that the country has not kept pace with the changing global economy. “Currently, multinationals in the… – Continue reading

Switzerland: Switzerland’s Practice Of Information Exchange Regarding Stolen Data

Introduction The Global Forum on Transparency and Exchange of Information for Tax Purposes (Global Forum) decided in mid-March 2015 that Switzerland should enter Phase 2 of the Peer Review. This decision represents a clear statement by the OECD that Switzerland’s legal and regulatory framework for information exchange complies with internationally… – Continue reading

UK: Finance Act 2015 – Avoidance Using Carried-Forward Losses

Tax analysis: Catherine Richardson, associate at Cadwalader, Wickersham & Taft LLP, examines the aspects of the Finance Act 2015 (FA 2015) which concern targeting avoidance using carried-forward losses. What is the target for the new rule countering tax avoidance involving carried-forward losses? Where losses for tax purposes arise within a… – Continue reading

OECD nations gang up on internet retailers, tax dodgers

Australia to fine tech tax-dodgers 100% of their avoided tax, plus profits Australia’s treasurer* Joe Hockey has revealed that he and other money ministers from the Organisation for Economic Co-operation and Development (OECD) have shared plans to have online retailers charging the appropriate consumption tax on intangibles and goods bought… – Continue reading

Tories aim to raise extra £5bn a year in tax avoidance clampdown

The Conservatives are set to press on with efforts to counter tax avoidance and evasion, with measures on the way including the exchange of information with foreign tax authorities, reports the Financial Times. All the major parties pledged in the election campaign to raise billions more each year from individuals… – Continue reading

Monsanto-Syngenta Could Be a Tax Inversion Under Current Rules

(Bloomberg) — Monsanto Co.’s potential acquisition of rival agricultural-chemical maker Syngenta AG could be structured as a tax inversion under current U.S. rules despite political resistance to such deals, according to an analysis by Bloomberg Intelligence. Switzerland’s Syngenta last week rejected St. Louis-based Monsanto’s $45 billion takeover offer. Monsanto, the… – Continue reading

Global news briefs from the Economist

Global business The European Union outlined its strategy to create a digital single market. The thrust of the proposals include establishing standard rules for buying goods online, pruning cross-border regulations on telecoms and reducing the tax burden on businesses. But the plan also calls for a “comprehensive assessment” of whether… – Continue reading

Australia to crack down on alleged tax avoidance by 30 multinationals

The Australian government announced a world-leading crackdown on Monday on alleged tax avoidance by 30 multinational companies that will likely force them to restructure their businesses before next year, reports Reuters. “These companies are diverting profits earned in Australia away from Australia to no-tax or low-tax jurisdictions,” Treasurer Joe Hockey… – Continue reading

Fatca special report

Changing Requirements and Changing Methods As the first year of the US Foreign Account Tax Compliance Act (Fatca) being in effect is almost complete, the rules for reporting still appear to be in flux, as are the ways firms are responding to Fatca compliance and setting out methods to address… – Continue reading

Bancolombia Adds AxiomSL FATCA Solution to Reporting Platform

Ease of integration and flexibility of strategic reporting platform drive Colombia’s largest bank to expand partnership Tax reporting solution now deployed in five countries as a result of agreement AxiomSL, a leading provider of regulatory reporting and risk management solutions to the financial services industry, announced today that Bancolombia, Colombia’s… – Continue reading

No shock and awe, just a sedate affair

AUSTRALIANS hoping to gorge on offerings intended to stimulate the economy in Tuesday’s Federal Budget have been warned to prepare for lukewarm but at least digestible fare. Though the electorate’s appetite has been whet by the sizzling entree of another Reserve Bank rate cut this week, economists expect the main… – Continue reading

On stashed cash: State could impose 10% tax on remittances

ISLAMABAD: As authorities struggle to increase tax collection, the state is considering a proposal that could see a levy of 10% tax on profit made on foreign remittances placed in savings accounts. The proposal comes as the government suspects that the amount sent through remittances could be black money being… – Continue reading

British property tax system now the most ‘complex’ in the world, says PwC

Analysts at the accountancy firm found that the UK system was even more intricate than the equivalent structure in France The British property tax system is now the most “complex” in the world, endangering London’s reputation as an investment haven, according to new analysis from accountancy firm PwC. Research showed… – Continue reading

The web helps the taxman chase cheats

Deloitte managing tax partner Thomas Pippos says the IRD are using electronic payments and websites to pursue tax cheats Budget-conscious tax collectors are increasingly turning to popular websites and other e-channels to chase undeclared taxable income, a top accountant says. Inland Revenue Department no longer had capacity or interest in… – Continue reading

Signs of radical settlement for Scotland emerge after poll results

The Conservative majority alongside a nationalist landslide in Scotland reopened the question of powers for the Scottish government, raising the prospect that the Tories might offer Edinburgh full control over taxes and domestic expenditure. The first signs of a radical new settlement emerged on Friday when Boris Johnson, the London… – Continue reading