Description
types of tax haven, how does tax haven operate, anti avoidance measures, regulatory framework in India and double tax avoidance agreements
Study of Tax Havens
Tax Havens Characteristics and Types of Tax Havens What do Tax Havens Offer
Popular Havens
Tax Haven Operation
Planning a Tax Saving
Choice of Jurisdiction Shifting Profits using Tax Havens Tax Haven – Views and Anti Avoidance measures Tax Havens and India
Tax Havens
Jurisdiction which has:
•No or only nominal taxes •Low or no tax jurisdiction
•Lack of transparency, and
•The absence of a requirement that the activity be substantial.
Characteristics of a Tax Haven
Taxation
Banking Exchange Controls
Types of Tax Haven
Incorporation Location Secrecy Locations Specific geographic market suppliers Specialist Service Providers
Political Stability
Banking and Commercial Secrecy Communications and IT
Market Entry Conduits High Net Worth Providers The Tax Raiders
Trained and Skilled Manpower
Accessibility
What Do Tax Havens Offer?
Income Tax Avoidance Capital Transfer and Inheritance Tax Offshore Banking Captive Insurance Companies Shipping Companies Conduit companies
Popular Havens
Tax Haven Operation
Residence Principle
Source Principle
A conflict arises when the taxpayer resides in another country and the taxpayer’s country of residence adopts the residence principle, resulting in a situation of double taxation.
Planning a Tax Saving
Where to incorporate head office? Where to incorporate subsidiary? To use tax havens or not? What companies to include its group structure? On what terms to trade between group companies? Where it will record its sales, incur costs, locate assets, employ its staff, borrow money, locate intellectual property? How to structure its operations? Whether it will seek special tax privileges?
Choice of Jurisdiction
• Identifying a jurisdiction which most effectively meets one’s
fiscal needs (low taxation at a personal or company level)
•Verifying the ease of communication within the country itself •Carefully analyzing whether your company would be favoured by currently effective regulations in the country of choice
•Verifying the level of security and privacy that is offered
•Verifying the social/political/economic situation of the country
Shifting Profits Using Tax Havens
• Allocation of Debt and Earnings Stripping • Transfer Pricing • Contract Manufacturing
• Check-the-Box, Hybrid
Entities, and Hybrid Instruments • Cross Crediting and Sourcing Rules for Foreign Tax Credits
Tax Havens - Views
Revenue Loss - global tax revenue lost to tax havens exceeds US$255 billion per year. Unfair Tax Competition Worldwide governments require additional tax revenues for spending programmes. Tax havens actually boost prosperity in neighbouring jurisdictions by creating taxefficient platforms for economic activity Capital flight to low- or no-tax jurisdictions is the single greatest contributing factor towards Africa's poverty
Tax Havens - Views
US – A Tax Haven?
•US levies no tax on dividends, interest or capital gains earnings of foreign investors in America. •In contrast to the reporting requirements it demands from foreign governments, the US imposes no requirements on its domestic financial institutions to report foreign investors’ earnings. •US exchanges no tax information with foreign governments.
America’s own “tax haven” policies have attracted over $10 trillion in foreign investment—a major impetus for economic growth.
Anti – Avoidance Measures
Transfer Pricing Legislation
General provisions on tax avoidance
Substance over form Maintaining the withholding tax on income paid to non-residents Shifting the burden of proof
Subpart F-type provisions
Offshore investment funds
India and Tax Havens
Regulatory Framework in India
•Foreign Venture Capital Investor
•Portfolio Investment Scheme (Foreign Institutional Investor route)
Double Tax Avoidance Agreements
Mauritius: Mauritius enables a corporate entity to be resident by registration, and although they are thereby liable to taxation, it does not levy tax on offshore gains. Investment Funds in Mauritius: •Collective Investment Schemes (“CIS”) and •Closed-end funds (“CEF”). FII: An existing investment management company outside of Mauritius and registered with a recognized regulatory authority can register itself as an FII with the SEBI.
Current Tax Regime: Income and capital gains of a Mauritius company derived from Indian based investments are taxable in Mauritius and not India. Advantages: •Well regulated and confirms to international standards •Availability of fund administrators •Investment Promotion and Protection Agreements
Investments by FIIs
The Vodafone deal (via Cayman Islands)
THANK YOU
doc_162780092.pptx
types of tax haven, how does tax haven operate, anti avoidance measures, regulatory framework in India and double tax avoidance agreements
Study of Tax Havens
Tax Havens Characteristics and Types of Tax Havens What do Tax Havens Offer
Popular Havens
Tax Haven Operation
Planning a Tax Saving
Choice of Jurisdiction Shifting Profits using Tax Havens Tax Haven – Views and Anti Avoidance measures Tax Havens and India
Tax Havens
Jurisdiction which has:
•No or only nominal taxes •Low or no tax jurisdiction
•Lack of transparency, and
•The absence of a requirement that the activity be substantial.
Characteristics of a Tax Haven
Taxation
Banking Exchange Controls
Types of Tax Haven
Incorporation Location Secrecy Locations Specific geographic market suppliers Specialist Service Providers
Political Stability
Banking and Commercial Secrecy Communications and IT
Market Entry Conduits High Net Worth Providers The Tax Raiders
Trained and Skilled Manpower
Accessibility
What Do Tax Havens Offer?
Income Tax Avoidance Capital Transfer and Inheritance Tax Offshore Banking Captive Insurance Companies Shipping Companies Conduit companies
Popular Havens
Tax Haven Operation
Residence Principle
Source Principle
A conflict arises when the taxpayer resides in another country and the taxpayer’s country of residence adopts the residence principle, resulting in a situation of double taxation.
Planning a Tax Saving
Where to incorporate head office? Where to incorporate subsidiary? To use tax havens or not? What companies to include its group structure? On what terms to trade between group companies? Where it will record its sales, incur costs, locate assets, employ its staff, borrow money, locate intellectual property? How to structure its operations? Whether it will seek special tax privileges?
Choice of Jurisdiction
• Identifying a jurisdiction which most effectively meets one’s
fiscal needs (low taxation at a personal or company level)
•Verifying the ease of communication within the country itself •Carefully analyzing whether your company would be favoured by currently effective regulations in the country of choice
•Verifying the level of security and privacy that is offered
•Verifying the social/political/economic situation of the country
Shifting Profits Using Tax Havens
• Allocation of Debt and Earnings Stripping • Transfer Pricing • Contract Manufacturing
• Check-the-Box, Hybrid
Entities, and Hybrid Instruments • Cross Crediting and Sourcing Rules for Foreign Tax Credits
Tax Havens - Views
Revenue Loss - global tax revenue lost to tax havens exceeds US$255 billion per year. Unfair Tax Competition Worldwide governments require additional tax revenues for spending programmes. Tax havens actually boost prosperity in neighbouring jurisdictions by creating taxefficient platforms for economic activity Capital flight to low- or no-tax jurisdictions is the single greatest contributing factor towards Africa's poverty
Tax Havens - Views
US – A Tax Haven?
•US levies no tax on dividends, interest or capital gains earnings of foreign investors in America. •In contrast to the reporting requirements it demands from foreign governments, the US imposes no requirements on its domestic financial institutions to report foreign investors’ earnings. •US exchanges no tax information with foreign governments.
America’s own “tax haven” policies have attracted over $10 trillion in foreign investment—a major impetus for economic growth.
Anti – Avoidance Measures
Transfer Pricing Legislation
General provisions on tax avoidance
Substance over form Maintaining the withholding tax on income paid to non-residents Shifting the burden of proof
Subpart F-type provisions
Offshore investment funds
India and Tax Havens
Regulatory Framework in India
•Foreign Venture Capital Investor
•Portfolio Investment Scheme (Foreign Institutional Investor route)
Double Tax Avoidance Agreements
Mauritius: Mauritius enables a corporate entity to be resident by registration, and although they are thereby liable to taxation, it does not levy tax on offshore gains. Investment Funds in Mauritius: •Collective Investment Schemes (“CIS”) and •Closed-end funds (“CEF”). FII: An existing investment management company outside of Mauritius and registered with a recognized regulatory authority can register itself as an FII with the SEBI.
Current Tax Regime: Income and capital gains of a Mauritius company derived from Indian based investments are taxable in Mauritius and not India. Advantages: •Well regulated and confirms to international standards •Availability of fund administrators •Investment Promotion and Protection Agreements
Investments by FIIs
The Vodafone deal (via Cayman Islands)
THANK YOU
doc_162780092.pptx