27 Sept 2008

The Role of Offshore Financial Centers in Regulatory Competition


The Role of Offshore Financial Centers in Regulatory Competition


Andrew P. Morriss (University of Illinois) published this paper at U Illinois Law & Economics Research Paper No. LE07-032.


Here is the Abstract:

Offshore financial centers are criticized for everything from facilitating money laundering to lax regulation. Yet these jurisdictions play an important positive role in the international legal system that is rarely recognized by providing a different type of competitor in the market for law. Offshore financial centers like the Cayman Islands and the Isle of Man exert an important discipline on democratically-constrained onshore jurisdictions by allowing firms and individuals to route around rent-seeking legislation and by innovating in the creation of legal rules to lower transactions costs.

The paper discusses examples of this including captive insurance entities and foreign finance subsidiaries. Even more importantly, offshore financial centers are well-positioned to discipline autocratic regimes, by undermining autocrats' efforts to prevent alternative centers of power from arising. Fully understanding how offshore finance centers affect the global competition among states for economic activity is crucial for addressing current policy debates over measures like the European Union's Savings Directive and the proposed U.S. Stop Tax Haven Abuse Act.

Available at SSRN: http://ssrn.com/abstract=1275390



This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.

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24 Sept 2008

España: impuestos si se prorroga la hipoteca


"Prorrogar la hipoteca exige acudir a Hacienda", articulo publicado el 22-09-2008 , por B. A. en Expansion.com:

La ampliación del plazo del préstamo hipotecario,aunque esté exenta de AJD, debe pasar por Tributos antes de acceder al Registro.

En los últimos meses se han introducido importantes modificaciones en el Impuesto de Transmisiones Patrimoniales y Actos Jurídicos Documentados, concretamente en lo referente a préstamos hipotecarios.

Por un lado, la Ley 41/2007, de 7 de diciembre declaró exentas de la modalidad gradual de Actos Jurídicos Documentados las escrituras públicas de novación modificativa de préstamos hipotecarios. Por otro, el Real Decreto-Ley que aprobó el Gobierno en abril sobre medidas de impulso a la actividad económica estableció que las escrituras públicas de ampliación del plazo de préstamos con garantía hipotecaria concedidos para la adquisición, construcción y rehabilitación de vivienda habitual realizadas en el periodo de dos años a contar desde su entrada en vigor se extenderían en papel común, es decir, no estarían sujetas a la cuota fija de este impuesto.

Todas estas modificaciones inducen a pensar, como hizo el Colegio de Registradores en una reciente consulta a la Dirección General de Tributos (DGT), que el gravamen fiscal sobre las operaciones de ampliación de plazo de los préstamos hipotecarios destinados a vivienda habitual para el periodo de dos años mencionado ha desaparecido.

Sin embargo, esta Dirección General entiende que a pesar de todo ello, antes de llevar la escritura al Registro de la Propiedad, ésta debe pasar por la oficina liquidadora de la Agencia Tributaria correspondiente, para que examine la procedencia o no de la exención.

El artículo 54.2 de la Ley exime de esta obligación, única y exclusivamente respecto de las copias o escrituras que no tengan por objeto cantidad o cosa evaluable, así como los testimonios notariales de toda clase. Según el artículo 32.3 de la Ley, se entiende que un acto es de objeto no evaluable "cuando durante toda su vigencia, incluso en el momento de su extinción, no pueda determinarse la cuantía de la base imponible de la cuota.

Esta base imponible está constituida por el importe de la obligación o capital garantizado ?los intereses, indemnizaciones, penas por incumplimiento u otros conceptos similares, incluidos?. Si se concierta una ampliación del préstamo hipotecario, Tributos distingue entre si se modifica o no la base imponible. En el segundo caso, efectivamente la operación no tendrá cantidad o cosa evaluable.

Ahora bien, lo "habitual", según la Dirección General, es que la ampliación del plazo conlleve, en general, el devengo de nuevos intereses y, en consecuencia, una modificación de la suma total garantizada. En ese caso, la consulta establece que la escritura pública tendrá como contenido evaluable "el correspondiente a la modificación de la suma total garantizada, que no ha tributado previamente".

En consecuencia, a pesar de la voluntad administrativa de agilizar la tramitación de estos documentos que se deriva de las últimas reformas del impuesto, Tributos establece la necesidad de presentar en la oficina liquidadora de Hacienda las escrituras que documentan la ampliación de plazo del préstamo hipotecario, con independencia de que estuvieran exentas o no sujetas al impuesto. (DGT 14/07/2008 ).

18 Sept 2008

España: las aportaciones de socios tributan


"Las autonomías aumentarán los impuestos a las empresas", articulo publicado el 17-09-2008 , por C. Cuesta/ D. Gracia en Expansion.com:

Las aportaciones que realicen los socios de un grupo, incluso las que no se destinen a reponer pérdidas, pagarán Impuesto de Transmisiones Patrimoniales. La inspección de estas operaciones pasa a manos de las comunidades.

El paquete de medidas anticrisis que lanzó el Gobierno a principio de verano, y que aún deberá esperar hasta finalizar el año para entrar en vigor, parece haberse centrado en algunas materias un tanto alejadas del frenazo económico.

Al margen de la tardanza en la tramitación, el texto definitivo trasladado a las Cortes ha recogido un incremento del ámbito de aplicación de los impuestos autonómicos sobre las empresas. Algo que suena más a cesión de recursos a las arcas territoriales que a incentivos empresariales para solventar el fuerte impacto económico que atraviesa España y el resto de economías.

El cambio, en concreto, aparece recogido en el artículo 7.3 del proyecto, donde se modifica la normativa del Impuesto de Transmisiones Patrimoniales y Actos Jurídicos Documentados (ITP y AJD). El retoque es de apariencia técnica y, de hecho, no ha sido comentada oficialmente en los avances del plan que ha realizado en repetidas ocasiones el Ejecutivo.

El cambio supone que las aportaciones que realicen los socios a las compañías del grupo ?a partir de la entrada en vigor del texto? deberán tributar por la vertiente empresarial del ITP, el impuesto conocido como Operaciones Societarias y cuyo tipo es del 1% de la cuantía traspasada.

Hasta ahora, este tipo de aportaciones pagaba este impuesto sólo si se destinaban a reponer pérdidas de las compañías. Ahora se aplicará siempre con una única salvedad, que el traspaso de dinero amplíe el capital social, algo que no será recibido por las empresas como un gran alivio puesto que en ese supuesto ya actualmente se está exigiendo el pago fiscal.

Momentos de apuros

El Gobierno, sin embargo, es consciente de que este peaje puede poner en apuros a las transacciones entre compañías que se realizan, con especial intensidad, en situaciones de crisis. Los expertos consultados por EXPANSIÓN destacan que las inyecciones de dinero entre filiales con el fin de ayudar suelen sobrepasar las pérdidas, “puesto que de lo que se trata es de relanzar los negocios y evitar precisamente que vuelvan a situarse en pérdidas”.

Por ello, ha decidido modificar el Impuesto de Sociedades. Actualmente, las aportaciones destinadas a filiales que no sean para compensar pérdidas pagan por este tributo (con un tipo del 30%). Eso sí, ese porcentaje del 30% se paga sobre los beneficios finales de la empresa, por lo que si al final del ejercicio el volumen de gastos cubre ese traspaso y la empresa cierra sin beneficios, lo cierto es que Hacienda no cobra.

Los asesores no ocultan su temor a un incremento de la presión fiscal por este motivo. Hasta ahora, pagaban posiblemente menos y, además, los inspectores que lo controlaban eran los de la Agencia Estatal de la Administración Tributaria, más acostumbrados a las operaciones empresariales.

Ahora se aplicará, independientemente de los beneficios o pérdidas de la empresa y, además, se encargarán de exigirlo unos inspectores autonómicos recién introducidos en este tipo de valoraciones. La mala salud de las finanzas regionales, golpeadas por la caída de sus impuestos ?muy ligados hasta ahora a la construcción y al consumo? termina de atemorizar a las empresas y asesores.

El maquillaje técnico del Impuesto de Transmisiones Patrimoniales supone, en la práctica, una nueva cesión competencial para las comunidades autónomas, que pasarán a controlar con lupa este tipo de operaciones societarias.

A pesar de las críticas que el ministro de Economía, Pedro Solbes, ha recibido por su falta de concreción a la hora de definir el nuevo modelo de financiación de las comunidades, el vicepresidente parece que ya ha comenzado a diseñar el nuevo marco de reparto de fondos antes de sentarse a debatir con todos los consejeros de Hacienda.

Compensación

Entre otras cosas, el Ejecutivo se ha comprometido a compensar a las comunidades autónomas por la supresión de tributos cedidos como el de Patrimonio, o por medidas de gran calado financiero como la Ley de Dependencia.

Curiosamente, Cataluña, Madrid, Andalucía y Valencia son las cuatro autonomías que más recaudan por ITP ?más del 10% de sus ingresos totales?. Es decir, las cuatro que por su peso económico en España tendrán también más capacidad de inspeccionar las aportaciones entre empresas de un mismo grupo.

Tras el agrio debate del verano en torno a la reforma financiera, Solbes argumenta ahora que todo “ha vuelto a la casilla cero”, después de haber defendido a capa y espada sus “bases para la negociación”. Hacienda volverá a escuchar una por una las peticiones autonómicas. Aunque, de momento, ya ha cedido un nuevo campo fiscal con clara repercusión para las empresas.

International Tax-Shelter Plot Thickens; Mogul Sues UBS



International Tax-Shelter Plot Thickens; Mogul Sues UBS
Posted by Dan Slater on September 17, 2008


"Back in May, the Feds unsealed an indictment against a former UBS banker, Bradley Birkenfeld, for allegedly helping one of the world’s richest men, Igor Olenicoff, evade taxes on $200 million held in Swiss and Liechtenstein bank accounts. When Birkenfeld pleaded guilty, a month later, he explained that he participated the alleged scheme to help Olenicoff evade taxes. “I was employed by UBS,” said Birkenfeld, “I was incentivized to do this business.”

Yesterday, the UBS-Olenicoff plot thickened, when Olenicoff, a billionaire property developer, sued UBS and nearly a dozen current and former executives of the bank in federal court in Santa Ana, Calif. Here’s the NYT report.

The suit reportedly accuses UBS, a small Swiss firm, and two private firms based in Liechtenstein and their employees of luring Olenicoff into becoming a client and a participant in a deceptive investment scheme intended to cheat the IRS of millions in taxes. The suit also contends that Birkenfeld, the former UBS banker, received a large settlement from UBS after complaining that it had encouraged its private bankers to violate U.S. tax laws.

The suit claims that UBS turned over Olenicoff’s name to the IRS, a move that would have been surprising for a Swiss bank that follows a centuries-old tradition of banking secrecy. Olenicoff is accusing the defendants of fraud and breach of fiduciary duty, among other things.
UBS said it had not seen the complaint and thus could not comment upon it.
In December, notes the Times, Olenicoff pleaded guilty to criminal charges of tax evasion and lying on his tax returns, all in connection with his offshore private banking accounts. He agreed to pay $52 million in back taxes.



This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.

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17 Sept 2008

Using tax to lure business away from London

"London rivals 'cherry picking' business"
An article published by Vanessa Houlder in Financial Times on September 10 2008

London's rivals are using tax to lure business away from the City, a leading City policymaker has warned.

Stuart Fraser, chairman of policy at the City of London Corporation, said the government must fight back by tackling the uncertainty and complexity of Britain's tax regime.

He warned that rival jurisdictions were "cherry picking" London's most lucrative activities. He cited Switzerland's attempt to attract wealth managers and hedge funds and a move by Paris to attract private equity firms. "They are very keen on taking us on. What they want is our business". He called for greater clarity and predictability in the UK tax system. "People need certainty. They want to be confident that if they stay here the system will not change."

His comments follow recent decisions by Krom River, a London hedge fund to move to Zug in Switzerland and five large companies to shift their holding companies to Ireland or Luxembourg. Mr Fraser said the corporate moves were symptomatic of the dissatisfaction with the tax system, although the establishment of "brass plate" operations abroad did not pose an immediate threat to jobs or the City.

The UK still attracts the largest number of headquarter functions of any European country, but its share fell from over 40 per cent to 30 per cent last year, the lowest figure yet recorded by Oxford Intelligence, which compiles data for Ernst & Young's European Investment Monitor. Peter Lemagnen, director, said the relocation trend primarily affected larger companies where there was scope for significant tax savings.

Some advisers warned that a continued exodus of holding companies from Britain would damage the City.

Peter Wyman, global head of policy and regulation at PWC, the professional services firm, said that shareholder pressure for tax savings meant that "a slow trickle is likely to become a faster trickle if not a flood". He said the likely impact of more relocations was "a mixed picture, conceivably over time a big loss". "Undoubtedly, if you move your headquarters somewhere other than London you are likely to get an increased amount of advice from where you are now based."

Chris Morgan, an international tax partner at KPMG, the professional services firm, said it was inevitable that over time financial services would move to the country where the company was managed and controlled. "I think they should be incredibly worried about it."

James Bullock, a partner at McGrigors, the law firm, said that if the trend for headquarter relocations continued, the City was likely to lose out. "It is all about key relationships. If board and strategic directors are in Switzerland, the partners [of accountancy and law firms] will want to be there too."

The Irish government has already told companies considering relocations it wants to see "real substance" in its investment, rather than merely "brass plate" operations.

This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.

The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any comment posted on the Blog can be read by any Blog visitor; do not post confidential or sensitive information. Any links from another site to the Blog are beyond the control of us.

By using this blog site you understand that there is no attorney client relationship between you and the Blog.

The Blog should not be used as a substitute for competent legal advice from a licensed professional adviser or lawyer in your country.

Our firm and do not convey their approval, support or any relationship to any site or organization. The use of this Blog does not implicitly or explicitly convey any warranties or representations as to the accuracy of the information contained herein.

This Blog has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Blog.

This Blog takes your privacy very seriously. Our customers told us they want to see clear, easy-to-read information about our privacy commitments and policies. We have made our privacy policies easier to find and easier to read. And we're listening. We welcome your questions and feedback on our privacy policies, and invite you to contact us with your thoughts.

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Our privacy commitments are fundamental to the way we do business every day. These apply to everyone who has a relationship with this Blog and visitors.
• We will protect your privacy and keep your personal information safe. We use powerful encryption and other security safeguards to protect customer data, when available.
• We will not sell your personal information to anyone, for any purpose. Period.
• We will fully disclose our privacy policies in plain language, and make our policies easily accessible to you.
• We will notify you of any revisions to our privacy policy, in advance. No surprises.
• You have choices about how this Blog uses your information for marketing purposes. Customers are in control.


This Privacy Policy identifies and describes the way This Blog uses and protects the information we collect about visitors. All use of this Blog is subject to this Privacy Policy.

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• When your wireless device is on, it sends periodic signals to the nearest cell site. We use that information to provide your wireless services;
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• We collect information about your activity on this Blog for a number of purposes using technologies such as cookies, Web beacons, widgets and server log files.
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We may share aggregate or anonymous information in various formats with trusted entities’ only for purposes such as:
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• Universities, laboratories and other entities that conduct scientific research; and
• Media research companies for general information only.

More information:

http://www.jpa-iac.com/en/
http://www.braxton-co.com/en/
http://www.tax-international.com
http://www.braxton-group.com

14 Sept 2008

Business friendly reforms in Latin America




Regulatory reforms are gaining momentum worldwide, reaching record numbers this year, according to Doing Business 2009—the sixth in an annual series of reports published by IFC and the World Bank. Latin America is part of this trend; the new report identifies 30 reforms to business regulation across half the region’s countries between June 2007 and June 2008.

Colombia is a global leader in reforming business regulations for the second year in a row - and the top Latin America regional reformer. With improvements in five areas covered by the report, it rises to 53 in the global rankings on the ease of doing business. The Dominican Republic joins the top 10 economies in reforming business regulation for the first time this year, with gains in four of the 10 areas the report studied, including broad tax reforms. The Bahamas, covered for the first time by the report, makes its debut at 55 in the global rankings.

The region’s countries continue to be active reformers of business regulation. From Mexico to Panama, countries made it easier to start a business, register property, pay taxes, and conduct trade across borders. El Salvador made significant reforms in starting a business and facilitating trade, while Honduras made key reforms for facilitating trade and paying taxes. Ecuador streamlined the trade process by improving port infrastructure, while Uruguay abolished its minimum capital requirement to incorporate a company and made improvements in tax and trade regulations. The Dominican Republic’s success reflects a positive trend across the Caribbean: Antigua and Barbuda, Haiti, Jamaica, and St. Vincent and the Grenadines also implemented reforms that make it easier to do business.

“Countries in Latin America and the Caribbean are increasingly committed to reform agendas, and Colombia and El Salvador are key examples,” said Sylvia Solf, lead author of the report. “The region’s most popular area for regulatory reform continues to be facilitating trade, followed by changes that make it easier to start a business,” she added.

Doing Business ranks countries based on 10 indicators of business regulation that track the time and cost to meet government requirements in starting and operating a business, trading across borders, paying taxes, and closing a business. The rankings do not reflect such areas as macroeconomic policy, quality of infrastructure, currency volatility, investor perceptions, or crime rates.

Among regions, Eastern Europe and Central Asia led in reforms of business regulation for a fifth consecutive year, with more than 90 percent of its countries making improvements. And the trend is moving eastward as newcomers join the list of economies making the most reforms: the top 10 are, in order, Azerbaijan, Albania, the Kyrgyz Republic, Belarus, Senegal, Burkina Faso, Botswana, Colombia, the Dominican Republic, and Egypt.

Singapore leads the global rankings on the overall regulatory ease of doing business for a third consecutive year. New Zealand is runner-up, and the United States third. The highest-ranking economies in Latin America and the Caribbean are St. Lucia at 34, Puerto Rico at 35, and Chile at 40.

“Economies need rules that are efficient, easy to use, and accessible to all who have to use them. Otherwise, businesses get trapped in the unregulated, informal economy where they have less access to finance and hire fewer workers, and where workers lack the protection of labor law,” said Michael Klein, World Bank/IFC Vice President for Financial and Private Sector Development. “Doing Business encourages good rules, and good rules are a better basis for healthy business than ‘who you know,’” he added.

Doing Business 2009 ranks 181 economies on the overall ease of doing business. The top 25 are, in order, Singapore, New Zealand, the United States, Hong Kong (China), Denmark, the United Kingdom, Ireland, Canada, Australia, Norway, Iceland, Japan, Thailand, Finland, Georgia, Saudi Arabia, Sweden, Bahrain, Belgium, Malaysia, Switzerland, Estonia, Korea, Mauritius, and Germany.

Fact Sheet—Summary of Reforms in Latin America and the Caribbean

Antigua and Barbuda reduced its corporate income tax rate from 30% to 25%.
Areas of Reform: Paying Taxes
Rank in Doing Business 2009: 42

Argentina reduced the severance payment for a worker with 20 years of seniority from 30 months to 20. After its unemployment rate fell below 10%, a 2007 decree abolished the 50% increase in severance payments that had been part of “emergency laws” adopted in 2002.
Areas of Reform: Employing Workers
Rank in Doing Business 2009: 113

In The Bahamas no major reform was recorded.
Rank in Doing Business 2009: 55

In Belize no major reform was recorded.
Rank in Doing Business 2009: 78

Bolivia suspended applications for voluntary restructuring of financially distressed companies. The only option now is a lengthy bankruptcy procedure that typically takes years.
Areas of Reform: Closing a Business (making it more difficult)
Rank in Doing Business 2009: 150

Brazil reduced the time to export by four days. Authorities merged the current manifest reporting system, “Merchante” (for imports) and “Siscomex” (for exports) into a new and unique system, “Siscomex Carga.” Due to an increase in the shares of traders allotted “green line” status, the number of inspections was reduced, speeding up the customs process.
Areas of Reform: Trading across Borders
Rank in Doing Business 2009: 125

In Chile no major reform was recorded.
Rank in Doing Business 2009: 40

Colombia, a top global and regional reformer, improved in five of the 10 Doing Business indicators. It reduced the time and cost to start a business by simplifying registration formalities, including speeding up processes at the registry and eliminating the need to obtain a certificate of compliance with zoning regulations. A silence-is-consent principle for building permits is now applied, reducing the total time for dealing with construction permits by 32 days. A new unified application form was introduced. Colombia made electronic social security contributions mandatory for companies with more than 30 employees and created unified electronic forms for filing taxes. Trading across borders was expedited: better banking services and the implementation of e-payments, electronic data interchange, and coordinated inspections in customs reduced the time to export by 10 days and the time to import by five. Authorities also introduced two new insolvency proceedings: a reorganization procedure to restructure insolvent companies and a mandatory liquidation procedure. Its new insolvency law tightens time limits for negotiating reorganization agreements. Before, the term allowed was six months, with a possible extension of eight months. The new law limits the term to four months, and the extension to two.
Areas of Reform: Starting a Business, Dealing with Construction Permits, Paying Taxes, Trading across Borders, Closing a Business
Rank in Doing Business 2009: 53

Costa Rica digitized tax registration records and company books, reducing the time required to start a business by 17 days.
Areas of Reform: Starting a Business
Rank in Doing Business 2009: 117

In Dominica no major reform was recorded.
Rank in Doing Business 2009: 74

The Dominican Republic, a top global and regional reformer, sped up formalities in several areas by making them electronic. An online system for filing and paying taxes, piloted in 2006, is now fully operational. And entrepreneurs can complete several start-up formalities online, including name verification, and commercial and tax registration. The Dominican Republic also reduced the corporate income tax rate from 29% to 25%, and abolished several taxes, including the stamp duty. The cost of property registration fell, thanks to a reduction in the transfer tax from 4.3% to 3%. Transferring property now costs 3.8% of the property value, down from 5.1%. In addition, authorities reduced the time to export by three days by improving the online portal for customs documentation and payment.
Areas of Reform: Starting a Business, Registering Property, Paying Taxes, Trading across Borders
Rank in Doing Business 2009: 97

Ecuador streamlined the trade process through improvements in port infrastructure and banking services and a reduction in the number of documents required. The changes reduced the time to export by two days and the time to import by 15.
Areas of Reform: Trading across Borders
Rank in Doing Business 2009: 136

El Salvador implemented a new commercial code that simplified business start-up by reducing the minimum capital requirement, simplifying the legalization of accounting books, and publication requirements. In trade, modernization of the customs system, a reduction in physical inspections, continued benefits from the single window reduced the time to export by seven days and the time to import by eight.
Areas of Reform: Starting a Business, Trading across Borders
Rank in Doing Business 2009: 72

In Grenada no major reform was recorded.
Rank in Doing Business 2009: 84

Guatemala enacted a new secured transactions law (Ley de Garantías Mobiliarias), creating new forms of pledges over movable assets and a registry for the pledges. Under the new law, accounts receivable and inventory may be described in general terms when used as collateral and parties may agree to out-of-court enforcement of the security right at the time the security interest is created.
Areas of Reform: Getting Credit (Legal Rights)
Rank in Doing Business 2009: 112

In Guyana no major reform was recorded.
Rank in Doing Business 2009: 105

Haiti reduced the time to export by a day, by implementing risk-based inspections in customs.
Areas of Reform: Trading across Borders
Rank in Doing Business 2009: 154

Honduras improved the efficiency of its tax system by introducing electronic filing and payment. It also made it easier to import by abolishing a requirement for consular legalization of trade documents.
Areas of Reform: Paying Taxes, Trading across Borders
Rank in Doing Business 2009: 133

Jamaica, as part of an initiative to improve administrative efficiency, introduced a statutory time limit for issuing building permits, reducing the time required to build a warehouse by 80 days. It also reduced the property transfer tax from 7.5% to 6%, and the stamp duty from 5.5% to 4.5%, of the property value. That cut the cost to transfer property from 13.5% of the property value to 11%.
Areas of Reform: Dealing with Construction Permits, Registering Property
Rank in Doing Business 2009: 63

Mexico introduced a new tax law that abolishes the asset tax (IMPAC) and the possible eventual amalgamation of income tax applicable to corporations and individuals with business activities. A new withholding tax on cash deposit interest is being implemented, and new reporting rules were introduced for value-added tax. Mexico also amended its bankruptcy law to make reorganization more accessible. Now debtors and creditors may enter into a reorganization agreement at any stage of the insolvency procedure, which is expected to speed the process.
Areas of Reform: Paying Taxes, Closing a Business
Rank in Doing Business 2009: 56

In Nicaragua no major reform was recorded.
Rank in Doing Business 2009: 107

Panama introduced an online system for company creation, greatly speeding business start-up.
Areas of Reform: Starting a Business
Rank in Doing Business 2009: 81

In Paraguay no major reform was recorded.
Rank in Doing Business 2009: 115

In Peru no major reform was recorded.
Rank in Doing Business 2009: 62

In Puerto Rico no major reform was recorded.
Rank in Doing Business 2009: 35

In St. Kitts and Nevis no major reform was recorded.
Rank in Doing Business 2009: 67

In St. Lucia no major reform was recorded.
Rank in Doing Business 2009: 34

St. Vincent and the Grenadines reduced its corporate tax rate from 40% to 37.5%. And it introduced a value-added tax at a standard rate of 15% to replace several existing taxes, including the hotel tax, consumption duty, entertainment tax, stamp duty on receipts, and domestic and international telecommunications surcharge. The country also enacted a bankruptcy law, its first set of rules regulating the bankruptcy of private enterprises.
Areas of Reform: Paying Taxes, Closing a Business
Rank in Doing Business 2009: 66

In Suriname no major reform was recorded.
Rank in Doing Business 2009: 146

In Trinidad and Tobago no major reform was recorded.
Rank in Doing Business 2009: 80

Uruguay eliminated the minimum capital requirement in July 2007, making it easier to start a business. A new tax law abolished COFIS (a 3% sales tax) and reduced the value-added tax from 23% to 22%. In trade, Uruguay implemented electronic data interchange and improved its banking system, reducing the time to export by five days and the time to import by a day.
Areas of Reform: Starting a Business, Paying Taxes, Trading across Borders
Rank in Doing Business 2009: 109

Venezuela reintroduced a tax on financial transactions, which is levied at a rate of 1.5% on all payments made to third parties. The tax, which had been abolished in February 2006, was levied at a rate of 0.5% before.
Areas of Reform: Paying Taxes (making it more difficult)
Rank in Doing Business 2009: 174
This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.

The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any comment posted on the Blog can be read by any Blog visitor; do not post confidential or sensitive information. Any links from another site to the Blog are beyond the control of us.

By using this blog site you understand that there is no attorney client relationship between you and the Blog.

The Blog should not be used as a substitute for competent legal advice from a licensed professional adviser or lawyer in your country.

Our firm and do not convey their approval, support or any relationship to any site or organization. The use of this Blog does not implicitly or explicitly convey any warranties or representations as to the accuracy of the information contained herein.

This Blog has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Blog.

This Blog takes your privacy very seriously. Our customers told us they want to see clear, easy-to-read information about our privacy commitments and policies. We have made our privacy policies easier to find and easier to read. And we're listening. We welcome your questions and feedback on our privacy policies, and invite you to contact us with your thoughts.

Customer Privacy Controls and Choices:
• You can review and correct your Personal Information collected by us.
• You can limit certain types of solicitation communications from AT&T, including marketing contacts made via telephone, e-mail and text messaging.
• We will provide you with notice of changes to this policy.

Our privacy commitments are fundamental to the way we do business every day. These apply to everyone who has a relationship with this Blog and visitors.
• We will protect your privacy and keep your personal information safe. We use powerful encryption and other security safeguards to protect customer data, when available.
• We will not sell your personal information to anyone, for any purpose. Period.
• We will fully disclose our privacy policies in plain language, and make our policies easily accessible to you.
• We will notify you of any revisions to our privacy policy, in advance. No surprises.
• You have choices about how this Blog uses your information for marketing purposes. Customers are in control.


This Privacy Policy identifies and describes the way This Blog uses and protects the information we collect about visitors. All use of this Blog is subject to this Privacy Policy.

Use of Location Information
• When your wireless device is on, it sends periodic signals to the nearest cell site. We use that information to provide your wireless services;
• You can use your wireless device to obtain a wide array of services based on the approximate location of the device, referred to as Location Based Services, or LBS. The information you receive in connection with your use of LBS may include advertisements related to your request and your location;

Online Activity Tracking and Advertising
• We collect information about your activity on this Blog for a number of purposes using technologies such as cookies, Web beacons, widgets and server log files.
• We and our advertising partners use that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and to help make decisions about ads you see on other sites.

The Information We Collect, How We Collect It, And How We Use It

We collect different types of personal and other information based on your use of our products and services and our business relationship with you. Some examples include:
• Contact Information that allows us to communicate with you -- including your name, address, telephone number, and e-mail address;
• Equipment, Performance, Site Usage, Viewing and other Technical Information about your use of our network, services, products or Web sites.

We collect information in 2 primary ways:
• You give it to us when you register to provide comments;
• We collect it automatically when you visit our Blog.

We use the information we collect in a variety of ways, including to:
• Provide you with the best visitor experience possible;
• Deliver customized content that may be of interest to you;
• Address network integrity and security issues;
• Investigate, prevent or take action regarding illegal activities, violations of our Terms of Service or Acceptable Use Policies; and
• For local directory and directory assistance purposes.

Aggregate or Anonymous Information:

We may share aggregate or anonymous information in various formats with trusted entities’ only for purposes such as:
• Our knowledge, and offer of information that may be of interest to you;
• Universities, laboratories and other entities that conduct scientific research; and
• Media research companies for general information only.

More information:

http://www.jpa-iac.com/en/
http://www.braxton-co.com/en/
http://www.tax-international.com
http://www.braxton-group.com

10 Sept 2008

US: witholding tax in partnerships with US trade or business


CCH (cch.taxgroup.com) reports:

The latest fact sheet released by the IRS in its monthly International Tax Gap Series reminds partnerships with foreign partners of their withholding responsibilities with respect to partnership income. If a partnership is engaged in a U.S. trade or business, each foreign partner is treated as directly engaged in that business for federal income tax purposes. The partnership must pay a withholding tax based on foreign partners' allocable share of the partnership's effectively connected income, and each partner must file an appropriate U.S. income tax return. Withholding tax rates range from 15% to 35%, depending on the type of income.

IRS International Tax Gap Series: U.S. Tax Withholding on Effectively Connected Income Allocable to Foreign Partners

This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.

The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any comment posted on the Blog can be read by any Blog visitor; do not post confidential or sensitive information. Any links from another site to the Blog are beyond the control of us.

By using this blog site you understand that there is no attorney client relationship between you and the Blog.

The Blog should not be used as a substitute for competent legal advice from a licensed professional adviser or lawyer in your country.

Our firm and do not convey their approval, support or any relationship to any site or organization. The use of this Blog does not implicitly or explicitly convey any warranties or representations as to the accuracy of the information contained herein.

This Blog has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Blog.

This Blog takes your privacy very seriously. Our customers told us they want to see clear, easy-to-read information about our privacy commitments and policies. We have made our privacy policies easier to find and easier to read. And we're listening. We welcome your questions and feedback on our privacy policies, and invite you to contact us with your thoughts.

Customer Privacy Controls and Choices:
• You can review and correct your Personal Information collected by us.
• You can limit certain types of solicitation communications from AT&T, including marketing contacts made via telephone, e-mail and text messaging.
• We will provide you with notice of changes to this policy.

Our privacy commitments are fundamental to the way we do business every day. These apply to everyone who has a relationship with this Blog and visitors.
• We will protect your privacy and keep your personal information safe. We use powerful encryption and other security safeguards to protect customer data, when available.
• We will not sell your personal information to anyone, for any purpose. Period.
• We will fully disclose our privacy policies in plain language, and make our policies easily accessible to you.
• We will notify you of any revisions to our privacy policy, in advance. No surprises.
• You have choices about how this Blog uses your information for marketing purposes. Customers are in control.


This Privacy Policy identifies and describes the way This Blog uses and protects the information we collect about visitors. All use of this Blog is subject to this Privacy Policy.

Use of Location Information
• When your wireless device is on, it sends periodic signals to the nearest cell site. We use that information to provide your wireless services;
• You can use your wireless device to obtain a wide array of services based on the approximate location of the device, referred to as Location Based Services, or LBS. The information you receive in connection with your use of LBS may include advertisements related to your request and your location;

Online Activity Tracking and Advertising
• We collect information about your activity on this Blog for a number of purposes using technologies such as cookies, Web beacons, widgets and server log files.
• We and our advertising partners use that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and to help make decisions about ads you see on other sites.

The Information We Collect, How We Collect It, And How We Use It

We collect different types of personal and other information based on your use of our products and services and our business relationship with you. Some examples include:
• Contact Information that allows us to communicate with you -- including your name, address, telephone number, and e-mail address;
• Equipment, Performance, Site Usage, Viewing and other Technical Information about your use of our network, services, products or Web sites.

We collect information in 2 primary ways:
• You give it to us when you register to provide comments;
• We collect it automatically when you visit our Blog.

We use the information we collect in a variety of ways, including to:
• Provide you with the best visitor experience possible;
• Deliver customized content that may be of interest to you;
• Address network integrity and security issues;
• Investigate, prevent or take action regarding illegal activities, violations of our Terms of Service or Acceptable Use Policies; and
• For local directory and directory assistance purposes.

Aggregate or Anonymous Information:

We may share aggregate or anonymous information in various formats with trusted entities’ only for purposes such as:
• Our knowledge, and offer of information that may be of interest to you;
• Universities, laboratories and other entities that conduct scientific research; and
• Media research companies for general information only.

More information:

http://www.jpa-iac.com/en/
http://www.braxton-co.com/en/
http://www.tax-international.com
http://www.braxton-group.com

9 Sept 2008

Corporate tax cut in UK has little impact, but low VAT raises reputation


Rate cut has little impact on global ranking
Article published by Vanessa Houlder in Financial Times (www.ft.com) on September 8 2008.

This year’s cut in the corporate tax rate has failed to push the UK decisively up the international rankings, according to a new survey that shows Britain’s efforts to improve its tax competitiveness have been blunted by similar efforts elsewhere.

The UK now has the 20th lowest corporate tax rate of the 27 European Union member states, a slight improvement for businesses on last year’s 21st position, according to the survey by KPMG, professional services firm.

The UK’s struggle to close the gap with smaller European competitors is likely to fuel criticism from businesses and opposition politicians.

KPMG said: “This continued downward pressure on worldwide and European corporate tax rates will add to the pressure on the UK authorities to address the UK’s perceived lack of competitiveness on tax.”

The impact of April’s 2 percentage point cut to 28 per cent was tempered by cuts elsewhere, which pushed average global and European corporate tax rates down by 1 percentage point. The UK’s corporate tax rate remains higher than the global average of 25.9 per cent and the EU average rate of 23.2 per cent.

But the UK is facing tough competition for holding companies from smaller low-tax European rivals, particularly Ireland, Luxembourg, Switzerland and the Netherlands, as demonstrated by recent moves out of the UK announced by Shire, UBM, Henderson, Charter and Regus.

These moves recently sparked an angry exchange between Alistair Darling and George Osborne, shadow chancellor, who called for a cut in the rate to 25 per cent which “would go some way towards undoing the damage the government has done by failing to keep pace with European tax rates”.

Mr Darling rejected Mr Osborne’s criticisms of the competitiveness of the business tax system as “wrong”.

Chris Morgan, head of international corporate tax at KPMG, said the relocation of headquarters was not driven by concern about the tax rate although bringing down tax rates was an important long-term objective. The argument was instead focused on the question of whether foreign profits should be taxed in the UK, he said.

The intensity of international tax competition was underlined by the finding that – for the first time since 1994 – no country in the 106-strong sample had raised rates. Competition has been particularly intense in the EU over the past 10 years, moving average corporate tax rates from the highest to the lowest of any group of countries in the OECD.

The relationship between tax rates and overall competitiveness is complex, with many other factors including political stability, infrastructure, access to new markets and a skilled labour force playing an important role. Sue Bonney, KPMG’s head of tax said: “Undoubtedly, the corporate tax rate is an important factor for businesses but it is far from the only factor.”

Big industrialised countries such as the UK typically have much higher rates than small countries. Countries such as Malta, Luxembourg and Switzerland have far lower effective rates than their headline rates as a result of exemptions and special rulings.

In May, Mr Darling acknowledged the challenge facing the tax regime, saying “Business does have a choice. Business is increasingly mobile. Tax rates have to be globally competitive.”

The UK’s corporate rate cut ensured that it continued to have a lower rate than Germany at 29.5 per cent, preserving the Treasury’s goal of having the lowest rate in the G7.

Low VAT raises reputation

Britain has the fourth lowest rate of value added tax in the EU, according to KPMG which said this relatively low rate underpinned the business-friendly reputation of the indirect tax system .

Britain’s 17.5 per cent VAT rate is well below the average in the EU of 19.49 per cent, in contrast to its position on corporate taxes. KPMG said this was in line with the “generally accepted idea” that indirect taxes compensate for reduced corporate tax yields.

This notion was partly supported by the contrast between the EU’s low corporate tax rates and its high VAT rates. Against a global average indirect tax rate of 15.7 per cent, the EU’s average rate was 19.49 per cent.

The UK’s relatively low rate, together with its stability over recent years, helped secure the UK top position in a KPMG survey of the best countries in the world to deal with from an indirect tax perspective.

The survey found that indirect tax rates have remained relatively stable, in contrast to the declines in corporate tax rates. KPMG said if indirect tax yields were compensating for declining corporate tax yields, this was being achieved by widening the indirect tax base and applying rules more strictly.
This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.

The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any comment posted on the Blog can be read by any Blog visitor; do not post confidential or sensitive information. Any links from another site to the Blog are beyond the control of us.

By using this blog site you understand that there is no attorney client relationship between you and the Blog.

The Blog should not be used as a substitute for competent legal advice from a licensed professional adviser or lawyer in your country.

Our firm and do not convey their approval, support or any relationship to any site or organization. The use of this Blog does not implicitly or explicitly convey any warranties or representations as to the accuracy of the information contained herein.

This Blog has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Blog.

This Blog takes your privacy very seriously. Our customers told us they want to see clear, easy-to-read information about our privacy commitments and policies. We have made our privacy policies easier to find and easier to read. And we're listening. We welcome your questions and feedback on our privacy policies, and invite you to contact us with your thoughts.

Customer Privacy Controls and Choices:
• You can review and correct your Personal Information collected by us.
• You can limit certain types of solicitation communications from AT&T, including marketing contacts made via telephone, e-mail and text messaging.
• We will provide you with notice of changes to this policy.

Our privacy commitments are fundamental to the way we do business every day. These apply to everyone who has a relationship with this Blog and visitors.
• We will protect your privacy and keep your personal information safe. We use powerful encryption and other security safeguards to protect customer data, when available.
• We will not sell your personal information to anyone, for any purpose. Period.
• We will fully disclose our privacy policies in plain language, and make our policies easily accessible to you.
• We will notify you of any revisions to our privacy policy, in advance. No surprises.
• You have choices about how this Blog uses your information for marketing purposes. Customers are in control.


This Privacy Policy identifies and describes the way This Blog uses and protects the information we collect about visitors. All use of this Blog is subject to this Privacy Policy.

Use of Location Information
• When your wireless device is on, it sends periodic signals to the nearest cell site. We use that information to provide your wireless services;
• You can use your wireless device to obtain a wide array of services based on the approximate location of the device, referred to as Location Based Services, or LBS. The information you receive in connection with your use of LBS may include advertisements related to your request and your location;

Online Activity Tracking and Advertising
• We collect information about your activity on this Blog for a number of purposes using technologies such as cookies, Web beacons, widgets and server log files.
• We and our advertising partners use that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and to help make decisions about ads you see on other sites.

The Information We Collect, How We Collect It, And How We Use It

We collect different types of personal and other information based on your use of our products and services and our business relationship with you. Some examples include:
• Contact Information that allows us to communicate with you -- including your name, address, telephone number, and e-mail address;
• Equipment, Performance, Site Usage, Viewing and other Technical Information about your use of our network, services, products or Web sites.

We collect information in 2 primary ways:
• You give it to us when you register to provide comments;
• We collect it automatically when you visit our Blog.

We use the information we collect in a variety of ways, including to:
• Provide you with the best visitor experience possible;
• Deliver customized content that may be of interest to you;
• Address network integrity and security issues;
• Investigate, prevent or take action regarding illegal activities, violations of our Terms of Service or Acceptable Use Policies; and
• For local directory and directory assistance purposes.

Aggregate or Anonymous Information:

We may share aggregate or anonymous information in various formats with trusted entities’ only for purposes such as:
• Our knowledge, and offer of information that may be of interest to you;
• Universities, laboratories and other entities that conduct scientific research; and
• Media research companies for general information only.

More information:

http://www.jpa-iac.com/en/
http://www.braxton-co.com/en/
http://www.tax-international.com
http://www.braxton-group.com

1 Sept 2008

A Multilateral Solution for the Income Tax Treatment of Interest Expenses

Michael J. Graetz (Yale; moving to Columbia in '09) has posted A Multilateral Solution for the Income Tax Treatment of Interest Expenses on SSRN. Here is the abstract:

Recent developments - including greater taxpayer sophistication in structuring and locating international financing arrangements, increased government concerns with the role of debt in sophisticated tax avoidance techniques, and disruption by decisions of the European Court of Justice of member states' regimes limiting interest deductions - have stimulated new laws and policy controversies concerning the international tax treatment of interest expenses. National rules are in flux regarding the financing of both inbound and outbound transactions.

Heretofore, the question of the proper treatment of interest expense has generally been looked at from the perspective of either inbound or outbound investment. As a result, the issues of residence countries' limitations on interest deductions on borrowing to finance low-taxed, exempt or deferred foreign source income, on the one hand, and of source countries' restrictions on interest deductions intended to limit companies' ability to strip income from a higher-tax to a lower-tax country, on the other, have generally been treated as separate issues. A fundamental contribution of this essay is to demonstrate their linkage and to call for a multilateral solution that would address both of these problems.

The complexity, the incoherence, and the futility of countries acting independently to limit interest deductions are now clear. Worldwide allocation of interest expense by both source and resident countries would eliminate a host of problems now bedeviling nations throughout the world - problems that have produced varying, complex, and inconsistent responses among different countries, responses that frequently may result in zero or double taxation. Given the flexibility of multinational corporations to choose where to locate their borrowing and the difficulties nations have in maintaining their domestic income tax bases in the face of such flexibility, achieving a multilateral agreement for the treatment of interest expense based on a worldwide allocation should become a priority project for both source and residence countries.
This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.

The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any comment posted on the Blog can be read by any Blog visitor; do not post confidential or sensitive information. Any links from another site to the Blog are beyond the control of us.

By using this blog site you understand that there is no attorney client relationship between you and the Blog.

The Blog should not be used as a substitute for competent legal advice from a licensed professional adviser or lawyer in your country.

Our firm and do not convey their approval, support or any relationship to any site or organization. The use of this Blog does not implicitly or explicitly convey any warranties or representations as to the accuracy of the information contained herein.

This Blog has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Blog.

This Blog takes your privacy very seriously. Our customers told us they want to see clear, easy-to-read information about our privacy commitments and policies. We have made our privacy policies easier to find and easier to read. And we're listening. We welcome your questions and feedback on our privacy policies, and invite you to contact us with your thoughts.

Customer Privacy Controls and Choices:
• You can review and correct your Personal Information collected by us.
• You can limit certain types of solicitation communications from AT&T, including marketing contacts made via telephone, e-mail and text messaging.
• We will provide you with notice of changes to this policy.

Our privacy commitments are fundamental to the way we do business every day. These apply to everyone who has a relationship with this Blog and visitors.
• We will protect your privacy and keep your personal information safe. We use powerful encryption and other security safeguards to protect customer data, when available.
• We will not sell your personal information to anyone, for any purpose. Period.
• We will fully disclose our privacy policies in plain language, and make our policies easily accessible to you.
• We will notify you of any revisions to our privacy policy, in advance. No surprises.
• You have choices about how this Blog uses your information for marketing purposes. Customers are in control.


This Privacy Policy identifies and describes the way This Blog uses and protects the information we collect about visitors. All use of this Blog is subject to this Privacy Policy.

Use of Location Information
• When your wireless device is on, it sends periodic signals to the nearest cell site. We use that information to provide your wireless services;
• You can use your wireless device to obtain a wide array of services based on the approximate location of the device, referred to as Location Based Services, or LBS. The information you receive in connection with your use of LBS may include advertisements related to your request and your location;

Online Activity Tracking and Advertising
• We collect information about your activity on this Blog for a number of purposes using technologies such as cookies, Web beacons, widgets and server log files.
• We and our advertising partners use that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and to help make decisions about ads you see on other sites.

The Information We Collect, How We Collect It, And How We Use It

We collect different types of personal and other information based on your use of our products and services and our business relationship with you. Some examples include:
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• Equipment, Performance, Site Usage, Viewing and other Technical Information about your use of our network, services, products or Web sites.

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http://www.jpa-iac.com/en/
http://www.braxton-co.com/en/
http://www.tax-international.com
http://www.braxton-group.com