Posts Tagged ‘Double Tax Treaty’

BRITISH VIRGIN ISLANDS, GUERNSEY AND JERSEY.-ANOTHER STEP TOWARDS OECD COMPLIANCE

Sunday, November 2nd, 2008

We congratulate the governments of the British Virgin Islands, Guernsey and Jersey for taking again the lead by complying with OECD reccommendations to improve international tax cooperation.

As the OECD page reports at “New bilateral pacts enlarge network on exchange of information for tax purposes”, the current economic environment has helped to sign 16 new bilateral agreements on exchange of information for tax purposes.

The new agreements were signed this week in an effort made by the above mentioned jurisdictions and the OECD to create greater transparency and cooperation internationally.

The OECD Secretary-General Angel Gurría said “At a time when governments are seeking to forge a more stable world financial system, these are issues that need to be addressed with urgency”

We want to express our satisfaction with the said jurisdictions for this move and encourage all other financial centres to follow the trend.

The OECD press release reports that “The British Virgin Islands signed bilateral tax information exchange agreements (TIEAs) with Australia and the United Kingdom. Guernsey and Jersey each signed bilateral TIEAs with the Nordic economies- Denmark, the Faroe Islands, Finland, Greenland, Iceland, Norway and Sweden.

OECD countries have been working with financial centres around the world since 2000 to bring greater transparency and accountability to cross-border transactions. These new agreements bring to 44 the number of arrangements put in place since 2000. The Isle of Man is leading, with 11 such pacts; Jersey has signed 10, Guernsey nine, the Netherlands Antilles four and the British Virgin Islands three. (Bermuda, also with three, signed its first bilateral agreement with the United States in 1986.) The latest agreements represent a significant extension of information exchange networks in place in these jurisdictions, showing their commitment to implementing OECD’s standards of transparency and exchange of information in tax matters.”

US EXPATRIATES AND IRS TAX COMPLIANCE

Wednesday, October 29th, 2008

The international Firms of the Leading Edge Alliance gathered in Boston to debate the latest tax and accounting updates on their respective jurisdictions.

Mike Farra an international tax partner at Morrison, Brown, Argiz & Farra LLP , made a very good presentation on the tax position for US citizens and green card holders living and working abroad.

Mike and I spoke during lunch about the IRS voluntary disclosure program and how may US expats are not aware of the fact that they need to file a US Return, even if they have not been US residents for many years. I took good notes to advice anyone on that situation living in Spain.

The concept of citizenship, and less even the concept of a residence card holder, as the only element to determine a worldwide liability for income tax purposes is alien to most jurisdictions. The closer concept to citizenship in other jurisdictions are those of nationality, or the English based tax domicile, which mainly applies to Inheritance Tax and somehow to the resident non domiciled by exclusion.

In most jurisdictions, outside the US, it is the concept of residence what determines the liability to income tax for worldwide income. Therefore, it is not uncommon that tax advisers neglect this aspect when looking at US expats tax affairs in their new country of residence.

Having considered the above, and as a good friend of mine says, quoting his mentor, the only certain thing about reality is that if you do not face it, reality will face you. This is what US citizens and green card holders living outside the US may find, if they do not come to terms with the IRS.

The IRS requires all US Citizens and green card holders, independently on where they are tax residents, to file a US tax return and to report their worldwide income to the IRS. If a US expatriate has not filed his tax returns, I understand that the IRS Voluntary disclosure program provides a reasonable vehicle to regularize the situation.

GOVERNMENT INTERVENTION IN FINANCIAL MARKETS TURMOIL

Monday, September 29th, 2008

We are in the tax business primarily, however I would like to bring some other issues that will definitively affect Tax policies, such as the current state of affairs in the Global Financial Markets.

It is now evident that the root of the turmoil in the Financial markets is inside the system. Governments are required to use great doses of innovation in dealing with the Financial institutions, money market regulations and tax policies.

The most recent news show how the US Government is now clearly intervening in the Free Market Economy. In Europe, Banco Santander has been called by the UK Government to try helping on the Bradford & Bingley crisis by buying the £20 billion deposit business and the network of 200 branches as reported by The Times

With some doses of electoralism Wall Street, Investment Banks and the Financial institutions have been demonized in the last few days by the press and some politicians.

Obviously they have made big mistakes, but we should not be naif and think that Government intervention by itself is going to help. The complexities of the Financial markets need a collaboration of the Governments, Financial Institutions, Businesses and the citizens.

What does the Academy say about this?.

In the last issue of Working Knowledge from Harvard Business School there is an interesting article titled , Financial Crisis Caution Urged by Faculty Panel, where the School faculty represented by Jay Light, Robert C Merton, David Moss, Nicolas Retsinas and Clayton Rose are interviewed to discuss this issue.

Robert C. Merton is the John and Natty McArthur University Professor at Harvard Business School and a winner of the 1997 Nobel Memorial Prize in Economic Sciences. I would like to bring some of his comments in this article.

“…..Merton expressed concern about potential unintended consequences of efforts to confront the crisis. He reminded the audience that banks and insurance companies, the sources of some of these problems, are among the most regulated entities other than hospitals in the United States. While regulation is important and needed, “it’s not magic,” he said. Poorly done regulation could have a long-term negative effect.

“I hope we’ll have careful analysis and pathology before we start to set the regulations,” Merton continued, suggesting the creation of the equivalent of the National Transportation Safety Board for examining financial crises in a technical, determined way.

Finance as a profession does not look bright, he acknowledged. It will be tough to get jobs on Wall Street. But the good news is that innovation will continue.

“The financial functions of the system, whether providing for retirement or transactions, still have to be performed. This is a global and growing business, and it’s one that can have very significant impact on economic development and growth.

“Some commenters say, ‘We have to get financially sophisticated people out of the system.’ The worst is to say ‘financial engineer.’ I suggest it’s just the opposite. The problem, in part, is that senior managers, regulatory overseers, and members of boards of these financial institutions don’t have a good understanding of all of this. And it would be perverse if the solution was to dumb down or limit what the institutions can do in terms of what they develop, to fit the existing managers. I think the longer-run solution is that general managers have to become far savvier.”

The finance job market is global, and there remains a strong need for talent. People skilled in general management combined with highly technical training to develop a functional perspective are best equipped to navigate the changes ahead, Merton concluded….”

THE BOTTLENECKS OF EU MOBILITY

Friday, September 26th, 2008

The Directorate General for Economic and Financial Affairs of the European Commission has published a report titled Mobility in Europe, Why it is low, the bottlenecks and the policy solutions discussing how adjustments in the European employment markets are a major source of economic resilience and integration.

As such, they warrant in-depth understanding and close monitoring in the specific context of Eurozone and national fiscal policies.

ETVE, THE INTERNATIONAL HOLDING COMPANY STRUCTURE IN SPAIN

Wednesday, September 24th, 2008

The ETVE, is a very efficient Spanish holding company structure to repatriate dividends outside the European Union.

As reported by the International Tax Review, the use of Entidad de Tenencia de Valores Extranjeros (ETVE)s by international investors has increased dramatically in the last few years. Please check here to get a comprehensive report on the ETVE regime.

ETVE, THE INTERNATIONAL HOLDING COMPANY STRUCTURE IN SPAIN

Wednesday, September 24th, 2008

The ETVE, is a very efficient Spanish holding company structure to repatriate dividends outside the European Union.

As reported by the International Tax Review, the use of Entidad de Tenencia de Valores Extranjeros (ETVE)s by international investors has increased dramatically in the last few years. Please check here to get a comprehensive report on the ETVE regime.

CORPORATE TAX REDUCTION WORLDWIDE ACCORDING TO KPMG

Wednesday, September 10th, 2008

Good news regarding corporate tax reduction worldwide for the first time in 14 years, says KPMG report. This will not come as a surprise for most of our readers as in the UK we saw the reduction of its lower CT band some years ago to 21% and Spain to 25%.

The not so good news is that Governments continue looking at indirect tax on goods and services as the main source of revenue and those remain invariable.

A clear indication of the international economy outlook or just a casual coincidence? While corporations are looking at Corporation tax as a factor for potential emigration to most tax efficient jurisdictions, the Tax authorities re-focus their attention to tax on consumption.

The report is based on a 106 country survey showing that the global average corporate tax stands at 25.9%, been the lowest average in the European Union at 23.2% compared with Asia Pacific region at 28.4%.

Indirect Tax remains almost invariable at 15.1% average worldwide, been the EU the region with the highest rate.

IMPUESTO DE PATRIMONIO, WEALTH TAX ABOLITION. AHORA SI!!!!!

Thursday, August 14th, 2008

Since we announced in tax precision the abolition of the Wealth Tax by the Spanish government, last April, we have been getting many questions from our readers questioning if the abolition would happen and legislation will be enhanced soon.

From a legal point of view, I have been always defending that abolition was already approved by the Government. Please see the postings at konsilia.es/blog.

However many readers were receiving conflicting advice from Tax consultants, lawyers and even Tax officials. Many of them said that the abolition was not confirmed. As a Tax lawyer I exercise extreme due diligence in terms of the information I post and I have been very confident with this particular abolition. Anyone understanding how the legislative process work in Spain should have been crystal clear with this matter and from here I would like to send a message to our readers to make sure they always check with qualified advisers and that those qualified advisers “do their homework”.

For those who still need to be 100% sure, the Government of Spain has now officially announced, by second time, the abolition of the Impuesto de Patrimonio, which you can see in the official Government page at La Moncloa.es.

Legislation has not yet been enhanced on this regard and we shall wait to see the final piece coming very soon. Meanwhile, and as usual, we welcome any comments or questions.

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International Tax Law Barrister, Lawyer, Abrogado & Attorney, Leon Fernando del Canto of Konsilia, offering services relating to international tax planning, tax advice, private clients, international law, serving Spain, United Kingdom, Europe.

Tax Precision is the trading name of León Fernando del Canto Gonzalez, a Barrister regulated by the General Council of the Bar in England and the Colegio de Abogados de Jerez de la Frontera.