Posted by offshorepedia on Feb 21, 2011 in Dictionary | 0 comments
The term tax haven is not clearly defined and there is some discussion as to how the term should be defined. For being regarding as a tax haven it is not sufficient that a jurisdiction offers low taxes. The OECD has stated that the following factors should be decisive if a jurisdiction should be regarded as a tax haven:
- No or nominal taxes.
- Lack of transparency.
- Laws or administrative practices that prevent the effective exchange of information for tax purposes with other governments on taxpayers benefiting from the no or nominal taxation.
- Absence of a requirement that the activity be substantial.
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Posted by offshorepedia on Jan 31, 2010 in Featured, Trends | 0 comments
OECD (The Organization for Economic Co-operation and Development) with its offices in Paris has only recently published a very interesting report with the title “Promoting Transparency and Exchange of Information for Tax Purposes”. The report was published on the 29th of January this year and contains a thorough account for the work and objectives of OECD regarding exchange of information for tax purposes.
The report also contains an account for the progress made the last years and in this part the achievements are quite extraordinary. The following is taken directly from the report (page 13).
“Up to the G20 Washington Summit on 15 November 2008 a total of 44 tax information exchange agreements (TIEAs) had been signed. Very few of the jurisdictions identified as not having substantially implemented the internationally agreed tax standard in the Progress Report issued in conjunction with the G20 Summit in London on 2 April had signed any double taxation conventions (DTCs) that met the standard. The 23 TIEAs agreed in 2008 were double the total number of agreements that had been signed since the Global Forum began in 2000. Following the G20 summit in Washington and in the run-up to the London Summit in April 2009 TIEA signings skyrocketed, as well as the negotiation of new DTCs or protocols to existing DTCs that incorporated the standard on exchange. A further 21 TIEAs/DTCs were agreed in just four months, and between the London Summit and the G20 meeting in Pittsburgh in September 164 more agreements were in place. The pace continued and by the end of the year a total of jurisdictions working to substantially implement the standard had signed 198 TIEAs and upgraded 115 DTCs.”
It is evident that life will be more difficult for those who are using offshore centers with an illegal purpose. For those who are using offshore structures in accordance with applicable laws there will probably be no difference and business will continue as usual.
The report from OECD can be downloaded in its entirety by clicking on the link down below.
OECD Report – Promoting Transparency and Exchange of Information for Tax Purposes.
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