Category: Jurisdiction

A new milestone for taxation on Indirect Asset Transfer by Non-Resident Enterprises — a review of the past and present of bulletin 7

After several rounds of revisions and consultations in the past few years, the State Administration of Taxation (“SAT”) has recently promulgated the Bulletin on Several Issues concerning the Enterprise Income Tax (“EIT”) on Indirect Asset Transfer by Non-Resident Enterprises (“Bulletin 7”)[1]. Tax matters occurred but have not been settled before… – Continue reading

No wonder Nick Clegg has gone quiet on tax dodging: His wife’s paid by law firm that helps rich avoid tax and his father is chairman of bank with ties to tax haven

‘His failure to make more noise is odd’ says prominent tax QC His father, Nicholas, has worked for banks operating in tax havens Wife, Miriam Gonzalez Durantez’s, firm advertises ‘tax-planning services’ Lib Dems insist there is no conflict of interest involved in his position Not long ago, a law firm… – Continue reading

Set right the tax climate

As recommended by Tax Administration Reforms Commission (TARC) under Parthasarathi Shome, for taxation, the appellate functions must be housed separately from the field functions, in order to have fair and judicious orders passed. Indian Revenue should be divided into two distinct sets—the operational side and the technical/adjudication side. The quasi-judicial… – Continue reading

Italy signs treaty with Liechtenstein to tackle tax evasion

ROME, Feb. 27 (Xinhua) — Italian Economy Minister Pier Carlo Padoan signed a treaty on Thursday with Liechtenstein Prime Minister and finance minister Adrian Hasler in Rome, a measure which abolishes bank secrecy. The agreement, which helps identify potential tax evaders, was fundamentally the same as the one signed between… – Continue reading

Leaks on tap

Making tax-transparency standards watertight will be difficult THE optimistic view of the tax-evasion scandals that have bedevilled banks since 2008 is that they can only be seen in the rear-view mirror. The incriminating files in the latest case, regarding tax-dodging personal accounts held at the Swiss arm of HSBC, date… – Continue reading

IRS Clarification on Non-Willful Conduct Certification for Streamlined Offshore Compliance Procedures: Revisions to IRS Forms 14654 and 14653

Many U.S taxpayers are often surprised to discover that they have a U.S. tax reporting obligation on financial accounts or assets held overseas. Once they discover their obligation, there are a number of programs through which they can become compliant with their U.S. tax reporting obligation. One option, if the… – Continue reading

Seychelles signs multilateral tax cooperation treaty

On February 24, Seychelles became the 85th signatory of the Organisation for Economic Co-operation and Development’s (OECD’s) Multilateral Convention on Mutual Administrative Assistance in Tax Matters, reports Tax News. The Convention is described as a comprehensive multilateral instrument to tackle tax evasion and increase transparency. In a statement, the OECD… – Continue reading

Pharma companies want tax sops, clarity on transfer pricing

Pharmaceutical companies want the finance minister to increase tax concessions across the board as also bring in more clarity on amendment to the rollback of advance pricing agreements (APA), applicability of roll back benefit, impact on on-going assessment, applicability of roll back provisions on bilateral APAs etc. In a pre-budget… – Continue reading

An increase of more than 50% in the annual tax on enveloped dwellings is hard to swallow

As part of the Autumn Statement it was announced that “The government will increase the annual charges of the ATED by 50% above inflation for residential properties worth more than £2 million for the chargeable period 1 April 2015 to 31 March 2016.” The Annual Tax on Enveloped Dwellings (ATED)… – Continue reading

Israel regulator seeks bank provisions to cover possible tax settlements-Army radio

Feb 26 (Reuters) – Israel’s banking regulator has demanded that two of Israel’s largest banks set aside money to settle possible U.S. tax evasion investigations, Army Radio reported on Thursday. Citing an unnamed source, the radio said the request was made to Hapoalim, Israel’s largest bank, and Mizrahi Tefahot, the… – Continue reading

US Business Groups Add To Calls For DTA Approvals

In a February 20 letter to US Senate Majority Leader Mitch McConnell (R – Kentucky), the National Foreign Trade Council and other leading business organizations urged action on pending bilateral double taxation agreements (DTAs) and protocols. A coalition of ten business organizations, including the Business Roundtable, National Association of Manufacturers,… – Continue reading

INSPIRING CONFIDENCE, EMPOWERING CHANGE IN INDIA, SAYS KPMG

KPMG in India through its survey, has tried to understand the expectations of India Inc. on various parameters such as policy reforms, clarity on indirect transfer tax provisions, applicability of MAT on foreign companies, amendment in the tax regime for REITs/ InvITs, deductions allowed to individuals, etc. Over 200 senior… – Continue reading

Tax Office claims it’s on track to recoup $1b revenue from multinationals

Amid widespread condemnation of multinational profit shifting, Tax Commissioner Chris Jordan says the Australian Taxation Office is on track to recoup $1 billion in revenue from companies. The political pressure on the Tax Office and Treasury to stop companies such as Apple, Google and Microsoft from shifting profits to low-tax… – Continue reading

Coutts’ Swiss operation faces German investigation over tax evasion claims

Bank’s subsidiary in Switzerland is already being investigated by US authorities about whether it helped Americans evade tax The venerable Coutts bank, home of the Queen’s personal accounts, has been drawn into the mounting controversy about private banking with an admission that its Swiss arm is under investigation for aiding… – Continue reading

Refund Management Services, Canada’s Leading U.S. Gaming Tax Recovery Service, Weighs in on Report: U.S. Tourism to See Boom in Overseas Visitors

Refund Management Services (http://www.RefundManagement.com), the number-one choice for Canada’s biggest winners for U.S. gaming and casino tax refunds, is weighing in on a recent report showing international travel and tourism-related activities within the U.S. increased in November. Refund Management Services is also commenting on how, despite the strong dollar, U.S…. – Continue reading

Taxing times: does the UAE remain unaffected?

Al Tamimi & Company – Advocates and Legal Consultants Surabhi Singhi Kataria Tax planning has always been a topic of international debate and adjudication. The borderlines between permitted tax planning/avoidance and unlawful tax evasion have occupied the centre stage across the globe with several modern economies emphasizing the need for… – Continue reading

Tax break for Gilead as overseas profits jump 81%

Profits outside US exceed non-US sales for company selling $1,000 a pill HepC therapy Gilead Science, whose $1,000-a-pill hepatitis C treatment is one of the world’s most expensive drugs, is avoiding billions of dollars in US taxes by booking profits overseas. The company, which has operations in Ireland, reported foreign… – Continue reading

Cyprus: Cyprus IP Company: The Breathless Conundrum Solved

The breathless conundrum for IP companies is four-fold: not only should royalties be taxed at a low rate in order to maximise profits; but also research and development (R&D) or acquisition costs should be considered as allowable expenses to the maximum possible effect, whilst also the jurisdiction where the IP… – Continue reading

South African Budget Hikes Personal Income Tax

On February 25, South Africa’s Minister of Finance, Nhlanhla Nene, presented a 2015 Budget that was said to be constrained by a slowing economy and lower-than-expected tax revenues. Nene indicated that the Government now has to rebalance its fiscal policy to reduce the “structural gap” that exists between spending on… – Continue reading

Leading Offshore Firm: The Inside View on the Cayman Islands Jurisdiction

MCC interviews three attorneys from Mourant Ozannes. Hayden Isbister is a partner and head of the Corporate practice in the Cayman firm. He specializes in investment funds, general corporate and commercial work. James Burch is a partner and leads the Structured Finance/Banks practice in the Cayman Islands, and Tim Dawson… – Continue reading

Hong Kong’s Advance Pricing Arrangement Program

When combined with aggressive tax planning, Hong Kong’s onshore-offshore tax regime often results in a reduced tax burden for taxpayers that operate through Hong Kong companies by pricing intra-group transactions. This has led to heightened transfer pricing scrutiny from the Hong Kong Inland Revenue Department in recent years. In order… – Continue reading

British Virgin Islands: B.V.I. Company – Corporate Environment Summary

The British Virgin Islands is the most popular offshore jurisdiction, with favourable business regulations, a prosperous economy and a stable political situation. British Virgin Islands IBC, is a limited liability company which conducts its trading and business outside the British Virgin Islands and is intended for offshore activities. It takes… – Continue reading

Citigroup unit probed by more authorities over money laundering

[NEW YORK] Citigroup Inc said additional government authorities have started probes of possible breaches of anti-money laundering laws at its Banamex USA unit. The Financial Crimes Enforcement Network, a unit of the US Treasury, and the California Department of Business Oversight have asked the company for information on its compliance… – Continue reading

Treasury clamps down on tax leakage

Amid global efforts to combat profit shifting. PRETORIA – In line with international efforts to combat tax avoidance, National Treasury on Wednesday said it is taking further steps to curb financial leakage. With government under pressure to collect more revenue amidst dwindling economic growth, Finance Minister Nhlanhla Nene on Wednesday… – Continue reading

Unhappy Meal: €1 Billion in Tax Avoidance on the Menu at McDonald’s

Tax structure allowed McDonald’s to divert revenue for years, costing European countries over €1 billion in lost taxes between 2009 and 2013. Today in Brussels, a coalition of European and American trade unions, joined by the anti-poverty campaign group War on Want, unveiled a report about McDonald’s deliberate avoidance of… – Continue reading

Italy Expects Tax Influx From Swiss Agreement

The signing of a double taxation agreement (DTA) protocol between Switzerland and Italy, which includes a provision for the exchange of information upon request, has fueled an expectation that the Italian Treasury will be able to collect substantial additional tax revenue this year. While it could take up to two… – Continue reading

The Common Reporting Standard: CRS brings the walls tumbling down

A country known for its clocks, chocolate and most importantly banks, the agreement by Switzerland’s government to share details of those super-secret bank accounts is one that will change the world at large. Gone are the days of the elusive Swiss bank account. The arrival of Common Reporting is upon… – Continue reading

RBS staff under investigation from German authorities over Swiss tax evasion

Disclosure in bank’s annual results about Coutts comes as it reports seventh consecutive loss Royal Bank of Scotland was dragged into the Swiss tax evasion scandal on Thursday when it emerged that the taxpayer-owned company’s private bank is under investigation for helping wealthy clients evade tax. The small print of… – Continue reading

Listed Guernsey and Jersey funds – FATCA reporting deadlines are looming. Are you ready?

INTRODUCTION 2015 is with us and looming is the 30 June 2015 deadline for the first reports of FATCA information under the reporting regimes that have been put in place in both Guernsey and Jersey to ensure compliance with the US/Guernsey and US/Jersey Intergovernmental Agreements regarding FATCA (“the US IGAs”)…. – Continue reading

HSBC chiefs to testify in tax scandal on tax evasion

First there was money laundering, then foreign-exchange rigging and now tax evasion. Politicians and analysts are asking if big banks became too big to manage from being too large to be allowed to fail HSBC Europe’s biggest bank, has endured a string of scandals and paid millions in penalties to… – Continue reading

CRA Releases Important Transfer Pricing Guidance on Management Fees and Other Intra-Group Services

CRA recently released a new Transfer Pricing Memorandum (TPM-15) giving detailed guidance on CRA’s audit approach to management fees and other charges for intra-group services, including on allocation keys for indirect chargebacks and markups on costs. The document expands considerably upon brief guidance on this topic in CRA’s main Information… – Continue reading

New Non-adversarial Tax Regime: India Shows a Way

Mr. Akhilesh Ranjan, Joint Secretary Ministry of Finance, and also Competent Authority for the Government of India, spoke this past week at the Pacific Rim Tax Institute, February 19-20, reaffirming India’s commitment to a new non-adversarial tax regime to encourage foreign investment and fair treatment of taxpayers. Mr. Ranjan’s appointment,… – Continue reading

OECD says Italy-Swiss treaty helps end bank secrecy -update2

Pact on information exchange in tax treatment Paris, February 25 – An important tax treaty signed between Italy and Switzerland is evidence of the “change of a crucial paradigm,” in banking secrecy with global implications, Pascal Saint-Amans, director of the center for tax policy and administration at the OECD told… – Continue reading