Category: Jurisdiction

BEPS Action Plan 8: Transfer pricing of intangibles

Last week, we discussed the revised set of standards for Transfer Pricing (TP) documentation and a template for country-by-country reporting (CBCR) of income, earnings, taxes paid and certain measures of economic activity as contained in Action Plan 13 of the Base Erosion and Profit Shifting (BEPS) Project. The CBCR provides… – Continue reading

Black money probe: IT department to closely scrutinise foreign assets held by Indians

New Delhi: The Income Tax department will carry out closer scrutiny of those tax statements wherein an assessee has disclosed that he or she holds bank accounts or any other assets abroad before the current financial year ends on March 31. Sources said the drive has been undertaken by the… – Continue reading

Vincenzo Nibali avoids prison sentence over unpaid tax, says Italian press

Tour de France champion Vincenzo Nibali is reported to have avoided a potential six-month prison sentence after reaching an agreement with Italy’s tax authorities over undeclared income. The Astana rider failed to declare income totalling €772,000 for 2010 and 2011, which would have incurred a tax liability of €290,000, reports… – Continue reading

India needs to become competitive in infra, tax policy

Gurgaon: Advocating easing of entry barriers for global corporations, Finance Minister Arun Jaitley on Saturday said that India needs to become globally competitive from infrastructure to taxation. In his convocation address at the Management Development Institute (MDI) here he underlined the need for relaxing norms for entry of multinational corporations… – Continue reading

Virgin Care among firms with lucrative NHS deals and a tax haven status

Virgin Care, which has been handed contracts worth hundreds of millions of pounds to run more than 230 NHS and social care services, is one of at least 10 private health firms seeking state-funded contracts whose company structures include tax havens, it can be revealed. An analysis by Richard Murphy,… – Continue reading

China steps up fight against tax evasion with new regulations on multinationals

Mainland authorities are targeting tax evasion by multinationals, implementing new regulations aimed at “unreasonable” payments such as for service and royalties to overseas related parties. “The tax administration’s nationwide audit has discovered instances of multinationals in China making unreasonable payments to related parties overseas, causing the erosion of our tax… – Continue reading

UK’S DIVERTED PROFITS TAX

It’s been dubbed the ‘Google tax’! Starting April 1st, the UK will levy a new ‘diverted profits tax’. This is the British government’s offensive against multinationals like Google, Amazon, Starbucks and others accused of shifting profits and avoiding tax. In doing so UK will become the first country to implement… – Continue reading

Blackmoney Bill in Lok Sabha provides for 10 year jail, 90% tax

Blackmoney stashed abroad will entail a 10 year rigorous imprisonment and a whopping 90% tax under the proposed stringent law that provides for a limited window of opportunity to offenders to disclose illicit wealth and escape prosecution. Blackmoney stashed abroad will entail a 10 year rigorous imprisonment and a whopping… – Continue reading

China: New Rules Widen Taxation Of Indirect Transfers Of Chinese Assets And Clarify Tax Avoidance

The China State Administration of Taxation recently issued a notice extending the taxation of capital gains by non-Chinese tax residents arising from indirect transfers of Chinese assets. Where indirect transfers of equity in Chinese entities were already subject to capital gains tax based on Circular 698, Notice 7 now extends… – Continue reading

Prime Minister pledges air passenger duty cut for North-East airports – if Scotland does the same

TAXES will be cut to protect vulnerable North-East airports if Scotland carries its pledge to cut charges, David Cameron pledges today (Friday, March 20). Speaking to The Northern Echo, the Prime Minister vowed that – if re-elected – he will not allow “unfair tax competition” that would hurt Newcastle and… – Continue reading

Double Irish’ tax device undermined State, Coalition told

Ranking Irish officials expressed concern the “double-Irish” corporate tax mechanism was undermining the State’s “international tax credibility” before the Government moved to scrap the loophole in this year’s budget. Newly released records of the influential Tax Strategy Group show officials also took note US president Barack Obama had criticised other… – Continue reading

Switzerland’s Declining Tax Haven Appeal

Tax havens have historically offered respite for individuals and companies looking to avoid high levels of taxation in their home countries. Some countries have effectively set out to create an environment in which international financial transactions come under little scrutiny so that foreign individuals and companies can safely park their… – Continue reading

Croatia and US sign agreement to prevent tax fraud and evasion

Croatia and the United States have signed an agreement on the application of the Foreign Account Tax Compliance Act (FATCA) concerning accounts in foreign financial institutions, in order to improve transparency between the two countries in the area of taxes, the Croatian Finance Ministry announced in a statement on Friday…. – Continue reading

Names of Argentines with HSBC offshore accounts in Switzerland to be made public

Argentina will move forward with its investigation of the HSBC offshore accounts in Switzerland, and will make public the names of those Argentine citizens and organizations that held money overseas in the financial entity, allegedly with the purpose of eluding local taxes. Swiss and French officials are also looking into… – Continue reading

Foreign landlords in Turkey need to file taxes by March 25

Where applicable, foreign landlords with property in Turkey are required to file tax returns to Turkish financial authorities by March 25 The tax treatment of income elements earned by foreigners from any source of income usually tops the international tax agenda and is extensively debated worldwide by experts, academics and… – Continue reading

Real estate tax: One million American citizens in Canada face double tax troubles

Owning real property on both sides of the border can create a confusing tax situation. Consider this example. Stefan and Jane are married and live in Vancouver. Jane is a Canadian citizen while Stefan holds both U.S. and Canadian citizenship. In 1994, shortly after getting married, they bought a house… – Continue reading

INCREASED REGULATORY EXPECTATIONS ARE THE GREATEST ANTI-MONEY LAUNDERING COMPLIANCE CHALLENGE

Compliance departments are feeling increasingly challenged by higher regulatory expectations, coupled with staff shortages and technology concerns, according to a joint Dow Jones Risk & Compliance and Association of Certified Anti-Money Laundering Specialists (ACAMS) global survey. “This year’s survey once again highlights the issues and emerging trends that are shaping… – Continue reading

Polish-Cayman agreement on exchange of tax information opens way to applying judgment in Emerging case to income of Cayman investment funds

Rafal Mikulski of Dentons explains why Cayman Islands’ investment funds may be entitled to a tax exemption in Poland and to claim for overpaid tax from the Polish tax authorities The Agreement for the Exchange of Information Relating to Tax Matters signed on November 29, 2013, by and between the… – Continue reading

Ireland still opposed to corporate tax base consolidation, says Kenny

State prepared to engage constructively with European Commission, says Taoiseach, reports the Irish Times. Ireland remains opposed to the idea of a common consolidated corporate tax base (CCCTB), Taoiseach Enda Kenny said yesterday, though it is prepared to engage constructively with the European Commission on any new proposal unveiled. The… – Continue reading

Australia Rethinks Publicizing Company Tax Details

Tough tax disclosure laws introduced by the former Labor Government represent “an invasion of privacy and intrusion for Australian private companies,” Prime Minister Tony Abbott has said. Abbott made the comment during a joint press conference with the Assistant Treasurer Josh Frydenberg. The press conference followed a meeting of the… – Continue reading

Italian Supreme Court rules TP irregularities must be substantiated with clear avoidance behaviour

In Ruling No. 27296, Italy’s Supreme Court rejected the tax authorities’ appeal against an Italian company’s transfer of goods and services to its German parent. The Supreme Court ruled that if there is no clear economic advantage for a company, simply proving a transaction is not at arm’s-length is insufficient… – Continue reading

BMC Software, Inc. v. Commissioner

U.S. Court of Appeals Rejects IRS Attempt to Apply Closing Agreement Retroactively to Support an Unrelated Proposed Adjustment to Tax SUMMARY From 2003 to 2006, U.S. corporations were entitled, in certain circumstances, to elect a one-time dividends-received deduction for dividends from controlled foreign corporations. BMC Software, Inc. made this election… – Continue reading

The Case for Closing the Loophole that Allows Corporations to Defer Taxes on Offshore Income

While the problems with our international tax system are complex, the solution is relatively simple: U.S. corporations should pay the same tax rate, at the same time, on their domestic and foreign profits. The ranking member of the Senate Finance Committee, Sen. Ron Wyden, made the case for this reform… – Continue reading

Rs 10,000 cr tax-evasion scam: Haryana Lokayukta recommends filing of FIR

The Haryana Lokayukta, Justice Pritam Pal (retd), on Wednesday recommended, to the state government, that a criminal case should be lodged against the government officials, property developers, builders and others who are allegedly responsible for the Rs 10,000 crore tax evasion scam in the state. A Special Investigation Team (SIT),… – Continue reading

OECD Supports Swiss Tax Transparency Advances

The Organisation for Economic Cooperation and Development (OECD) has welcomed Switzerland’s recent moves towards greater tax transparency, admitting the country to phase 2 of the peer review process. Jacques de Watteville, head of Switzerland’s State Secretariat for International Financial Matters, said: “We are delighted about this decision. It is the… – Continue reading

Client confidentiality will not disappear, assert Swiss banks

GENEVA: Facing a global crackdown including from India on their ‘safe haven’ tag, Swiss banks today asserted that “bank-client confidentiality” will not disappear and ‘automatic information exchange’ is not the only solution to the black money menace. The assertion comes at a time when Switzerland is in the process of… – Continue reading

Switzerland, EU to tackle tax evasion

Bern and Brussels have clinched a deal to exchange bank account data in an effort to tackle tax fraud. The agreement comes after a recent report exposed the global economic damage caused by offshore accounts. Switzerland and the European Union are teaming up to crack down on tax cheats, officials… – Continue reading

The Hindu Business Line

BENGALURU, MARCH 19: IT major Wipro has won a legal victory with the Karnataka High Court allowing it to save a significant amount in taxes from its overseas operations. The judgment is likely to have an impact on Indian companies that have overseas operations. US taxes In a ruling on… – Continue reading

Tax Commissioner Chris Jordan says they are on the hunt for information to catch multinationals

Tax Commissioner Chris Jordan says information sharing with foreign nations has allowed it to raise $730 million worth of tax liabilities over the past two financial years. In a speech to be delivered at the Tax Institute’s annual conference in Gold Coast on Thursday morning, Mr Jordan says he is… – Continue reading