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Author: Алёна Выдыш

The European Union Introduces New Mechanisms to Prevent VAT Fraud

Published: Olena Vydysh | 01/12/2017 | news

The European Commission has announced new measures to improve the protection of the EU’s Value Added Tax system against fraud. The EU plans to close all the loopholes in the existing legislation for large-scale frauds. According to the EU Commissioner for Economic and Financial Affairs, Taxation and Customs Pierre Moscovici, VAT fraud may be a source of funding of criminal activities, including terrorism. “Combating this phenomenon requires much more effective information exchange between competent state bodies, and the mechanisms proposed by us will help this,” the official said at the presentation of introductions. “For example, the experts from the Eurofisk anti-fraud office will be given the access to information on registration of cars from Member States, that will help eliminate one of the main sources of VAT fraud associated with the sale of new and used cars.” Although the tax services of the EU states are still exchanging data on cross-border sales today, manual processing of information plays a significant role in this process. In addition, the data from national union law enforcement authorities regarding criminal groups in ​​VAT frauds are not received...

European Regulatory Authorities Publish ICO Hazard Notifications

Published: Olena Vydysh | 29/11/2017 | blog

ICO (Initial coin offering) is a form of attracting investments in the form of selling a fixed number of new units of cryptocurrency, received with a single or accelerated emission. In the middle of November, the European financial regulators, including ESMA (the European Securities and Markets Authority), the Belgian FSMA (the Financial Services and Markets Authority) and the Dutch AFM (the Authority for the Financial Markets), issued warnings about risks for the investors and rules applicable to the companies participating in the ICO. The market of so-called cryptocurrencies has heated up. The approximate total market capitalization of all cryptocurrencies has increased from $ 18 billion in early 2017 to staggering $ 200 billion by the time of writing this article. Needless to say, some people were worried about this hype, and not only the European financial regulators. ICO is the key concept of cryptocurrency as a type of “crowdsale” (“crowd” and “sale”) where the project developers offer a new type of cryptocurrency (also called “token” or “coin”) using the distributed ledger technology. Cryptocurrency can acquire various characteristics based on...

European Parliament Will Hold Hearings on Paradise Papers

Published: Olena Vydysh | 14/11/2017 | news

Recently, it has become known that on November 28, the European Parliament will hold hearings in Brussels regarding the publication of the materials of the Paradise Papers. These materials were made public by the deputy of European Parliament from the German party “The Greens” Sven Giegold on his Twitter page. The hearings will be held by the parliamentary committee for investigating money laundering and tax evasion. We remind that on November 5, 2017, the International Consortium of Investigative Journalists (ICIJ) and the Organized Crime and Corruption Reporting Project (OCCRP) published the so-called “Paradise Papers”, relating the offshore companies of the richest people in the world. Initially, these documents were received by the German newspaper “Süddeutsche Zeitung”. About 100 media out of 67 countries were involved in the international investigation of the data. The sensational documents related to the Russian investments in Twitter and Facebook, tax evasion schemes of Apple, offshore of Queen Elizabeth II and many other stories of famous personalities who hide personal files or avoid taxes using complex systems of funds, trusts and “one-day...

New EU Directive to Resolve Double Taxation Disputes Has Been Adopted

Published: Olena Vydysh | 09/11/2017 | blog

The existing European mechanisms for arbitration resolution of tax disputes on double taxation, prescribed in tax agreements and in accordance with the EU Arbitration Convention, do not always result in effective resolution of tax disputes. The recent monitoring carried out by the Council of the European Union revealed certain shortcomings, especially in relation to accessibility of dispute resolution mechanisms, as well as the length and effective conclusion of the procedure. According to the European Commission, the estimated figure of tax disputes on double taxation in the EU is about 900, with approximately 10.5 billion euros at stake. In this regard, on October 10 this year, the EU Council approved the Directive to resolve tax disputes (hereinafter - the Directive). The directive is aimed at changing the current situation, when the scope for mandatory arbitration in dispute resolution is limited to the issues of transfer pricing adjustments and the profit distribution of related persons. Thus, legal persons and natural persons will be able to resolve all disputes related to the interpretation and application of agreements that provide for the elimination of double taxation...

Gambling Reform in Malta

Published: Olena Vydysh | 27/10/2017 | blog

After conducting a series of consultations with the public and interested persons, technical studies and assessments of the financial and economic consequences, the Government of Malta intends to carry out a full reform of the current legislative framework regulating gaming activities. The proposed reform implies the abolition of all current legislation regulating gaming, and the introduction of a single law - the Gaming Act. The law will enable the competent minister to publish the rules and also give authority to the relevant regulatory body (Malta Gaming Authority - hereinafter “MGA”) to publish the Directives and other regulations if necessary, thereby ensuring timely and flexible interventions, especially with regard to technical specifications and processes. [InsertImageLightGallery path='/wp-content/uploads/2017/10/scheeme1.jpg' root='0'] Within the framework of optimizing the supervision and modernization of the existing gaming infrastructure, the main state priority in the gambling sphere will be the flexibility of the regulator in the decision-making process and the reduction of the unnecessary regulatory burden, as well as the simultaneous strengthening of...

The Government of the Czech Republic has adopted an amendment to the Electronic Communications Act

Published: Olena Vydysh | 20/10/2017 | news

On September 2, 2017, an amendment to the Electronic Communications Act (hereinafter – “the Amendment”) came into effect in the Czech Republic. The most significant changes relate to customer contracts regulated by Section 63 of the above-mentioned Act: now they are more preferable for customers and provide them with greater protection. Thus, a stipulated notice period, which remains a compulsory part of customer contract, must not exceed 30 days now. We remind that previously, operators were free to exercise their discretion to set the length of notice periods. In accordance with the innovations, customer contracts must specify the possibility and extent of potential unilateral changes and the manner in which they must be notified to the other party. Previously, this option was only available if the change was substantial and would necessarily deteriorate the customer’s position. Thus, customers must not only be acquainted with any one-sided amendments to their contract, but also have to be given the option to cancel the contract without having any penalty imposed upon them. This is in contrast to the previous requirements, that allowed operators to extend time-limited...

Ukraine and United Kingdom of Great Britain and Northern Ireland Signed Protocol on Amendments to Agreement on Avoidance of Double Taxation

Published: Olena Vydysh | 10/10/2017 | news

On October 9, Ukraine and the United Kingdom of Great Britain and Northern Ireland amended the Agreement on avoidance of double taxation, provided for by the relevant Protocol. This was reported by the press service of the Ministry of Finance. The amendments to the agreement are aimed at exemption of the physical and legal entities from paying double taxes on incomes received in the territories of both parties. This can be achieved both by distributing the right to tax certain types of income depending on the place of their receipt between the two countries, and by taking into account the taxes paid in the territory of the other country in the tax obligations of a taxpayer of one country. It is expected that the signing of the Protocol will contribute to the creation of the favorable conditions for the investors in Ukraine and the United Kingdom, as well as to increase the business initiative of the entrepreneurs. The settlement of income taxation in bilateral relations between Ukraine and Great Britain will allow to eliminate tax discrimination, to ensure the exchange of tax information and improve the cooperation between the tax authorities of the states through the...

Disclosure of beneficial owners as obligatory requirement becomes norm

Published: Olena Vydysh | 05/10/2017 | blog

In recent years, the world community has realized the importance of the corporate transparency. The Panama Papers, high scandals with corruption and tax evasion have caused a radical shift in the attitude towards anonymous companies. The creation of the registers of beneficial owners (hereinafter referred to as "the UBO registers") is considered as the main instrument for increasing transparency. This idea underlies the EU legislation, FATF recommendations, G20 initiatives, the OECD project to combat on Base Erosion and Profit Shifting. For the EU Member States, the obligation to establish the UBO registers, stipulated by the fourth Anti-Money Laundering Directive (AMLD IV), entered into force on June 26, 2017. However, there are still many questions about how the UBO registers will work in practice. The European states independently define in the national legislation such terms as "legal entity", "legal structure" and "UBO". The concern about data confidentiality is also increasingly growing in Europe, as the countries are discussing who should be allowed access to the registers and for what purpose. Will they provide information only to law enforcement and regulatory...

New european legislation on regulation of financial services markets will soon come into effect

Published: Olena Vydysh | 29/09/2017 | blog

On January 3, 2018, a new MiFIDII will come into force, significantly changing the existing requirements on regulating the financial markets in the EU. We will consider in today's blog what exactly is MiFIDII and how the regulation of the European financial markets will change. The MiFIDII (Markets in Financial Instruments Directive) is the common name for a complex network of legislation, which includes two Directives and three EU Regulations, supported by a number of technical standards and guidelines of the European Securities and Markets Authority (ESMA). The measures provided for in the Regulations are directly applied in the EU member states. For the implementation of other standards and harmonization of the national legislation, the updated requirements are established by the competent authorities in each Member State. The current MiFID was adopted in 2004 and it operates with small updates of the end of 2007. Thus, the MiFID not only preceded the financial crisis, but it also did not consider many business models and technologies, which today became a common phenomenon. Consequently, there was an extreme need for such an update. When developing the new provisions, the EU...

New requirements for companies entered into force in Belize

Published: Olena Vydysh | 28/09/2017 | news

De-offshoring process is gaining momentum. The pressure from the Organization for Economic Cooperation and Development (OECD) is increasing to which the offshore jurisdictions are subjected. Thus, at the request of the OECD, the changes in the Law on International Commercial Companies (hereinafter the Law) have entered in force since July of this year in Belize. Among the main innovations are: the obligation to maintain a register of the beneficial owners and the register of the directors, as well as a ban on the issue or exchange of the bearer shares. Register of beneficial owners Unlike many other jurisdictions, in Belize, this obligation was realized with the requirement to store data on the beneficiaries only at the company registration address. As a rule, this is the address of the registration agent. But there is no requirement to submit data from this register to the state register of the companies. At the same time, it is not necessary to provide historical information - only the data of the current beneficiaries of the company are entered in the register. The term "beneficial owner" is defined as an individual: - who owns or ultimately controls the company; -...