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Author: Дмитрий Батраков

A Number of Agreements on Automatic Exchange of Tax Information Entered into Force in Switzerland

Published: Dmitriy Batrakov | 12/01/2018 | news

A number of agreements on Automatic Exchange of Information (AEOI) on taxation issues, concluded by Switzerland with other jurisdictions, entered into force on January 1, 2018. Data exchange will be carried out in accordance with the Common Reporting Standard of the OECD, which provides for the possibility of automatic exchange of information between the territories that have agreed to such an exchange. Switzerland starts to exchange tax information this year with respect to data on accounts collected for some partners under previously signed agreements, namely Australia, Canada, the European Union, Guernsey and Jersey, the Isle of Man, Iceland, Japan, Norway and South Korea . More complete list of jurisdictions with which Switzerland plans to establish automatic exchange of information since 2019 was published on the website of the State Secretariat for International Finance. In order to fulfill its obligation to exchange information automatically with these territories, Swiss financial institutions will be demanded to comply with the new requirements on information collection from January 1, 2018 for the accounts of taxpayers from such countries as Andorra, Argentina,...

Concept of Cryptocurrency Has Been Introduced in the Legislation of the European Union

Published: Dmitriy Batrakov | 29/12/2017 | news

Over the past few years, the development of Bitcoin has been increased, which is actively discussed by the governments of different countries. In this regard, the European Union raised some concerns about funding of terrorism, money laundering and tax evasion, which might be related to cryptocurrencies. This is the reason why the European legislator has introduced the concept of cryptocurrency into the Fourth Anti-Money Laundering Directive, where Bitcoin is defined as a “monetary instrument”. As the European Commissioner for Economic and Financial Affairs Pierre Moscovici notes, to date Bitcoin is not considered as an alternative currency along with dollar or euro due to volatility and much speculation. It is noteworthy that the differences between the definitions of Bitcoins in the EU Directive and in the US legislation are not significant. Details of the political discussions regarding the cryptocurrency in the European Parliament and the further legislative prospects for electronic money are still...

The Isle of Man Toughens Measures against Crimes in the Financial Sphere

Published: Dmitriy Batrakov | 22/12/2017 | news

Recently, the government of the Isle of Man has made public the draft law on Anti-Money Laundering and Other Financial Crime of 2017 (Miscellaneous Amendments) Bill 2017). The proposed legal act is based on the recommendations of the Council of Europe Committee of Experts on the Evaluation of Measures to Combat Money-Laundering and Funding of Terrorism - MONEYVAL - and it assumes the improvement of mechanisms for compliance with international standards in this field. The draft law offers new measures aimed at regulating the activities of trustees operating for personal reasons and foreign trustees, including the requirements for record keeping. In addition, the document introduces additional requirements for accounting for the funds and changes clarifying the powers of the Registrar of Companies on examination of the documents filed with the Register and conduction of relevant investigations. The introductions proposed by the bill also concern raising the level of financial sanctions for the untimely provision of access to information to law enforcement agencies. The legislative act also specifies that a number of crimes (theft, forgery, etc.) identified in accordance with the...

OECD Has Published Comments Regarding Taxation of Offshore Indirect Transfers

Published: Dmitriy Batrakov | 11/12/2017 | news

The Organization for Economic Cooperation and Development has published the comments that were received during the consultation on the draft of a new tool regarding the taxation of the so-called Offshore Indirect Transfers. We remind that the last ones constitute transactions for the sale of a legal entity located in one country and owning any immovable asset located in another country, by a non-resident of the country where the asset is located. The developed tool is part of the OECD program to assist developing countries in creating their own tax policies for Offshore Indirect Transfers. The Organization for Economic Cooperation and Development has justified its actions by the concern that such countries may have difficulties in administration of tax systems because of a lack of appropriate competencies and resources. Thus, the attempts to minimize the tax burden have become more frequent among the multinational corporations, and there is no single principle for considering these transactions. In addition, the issue is not regulated by the BEPS (Base Erosion and Profit Shifting), the action plan of the OECD on the counteract of the tax base erosion and profit shifting from...

Accepting Payments in Bitcoin (BTC): Review of Popular Payment Processors

Published: Dmitriy Batrakov | 30/11/2017 | news

Over the past two decades, online commerce has become one of the main ways of doing business. Virtual payments are made simply and quickly by filling out simple forms and making a few mouse clicks. Funds are almost immediately transferred from bank cards and are received on the accounts of companies, then the goods and services are delivered to the customers by mail or in person. However, along with all the apparent perfection of such transactions, they are still under control of banking institutions, which implies a number of limitations. Fortunately, progress does not stand still and traditional currencies have been replaced by a cryptocurrency - a virtual form of currency that uses blockchain technology and has decentralized nature. In other words, digital coins are a confidential financial system that allows making remittances without information leakage. Thus, an alternative to the use of credit cards and bank accounts to pay for goods and services today is the use of cryptocurrency, and Bitcoin is the most famous version of it. Accepting payments in Bitcoin has a wide range of advantages for both online stores and offline sales. Certainly, the decentralized nature of...

The Netherlands Strengthens Regulatory Regime for Representative Offices of Trusts

Published: Dmitriy Batrakov | 28/11/2017 | news

The Dutch Government plans to strengthen the regulatory regime for representative offices of Dutch trusts, preventing tax evasion and fraud. Recently the Minister of Finance Wopke Hoekstra has announced the key provisions of the new supervisory mechanism approved by the Council of Ministers. In accordance with the introductions, the trust management scheme should be organized as a private or state company (BV or NV) and fulfill certain requirements within the framework of the test for physical presence in the country. Passing the test involves conducting day-to-day management of the trust in the territory of the Netherlands by at least two of its managers. Another significant change is the ban on the provision of trust management services and tax planning to the same person, as well as on the transfer of their competencies with respect to observing the compliance requirements for external management. The obligation to exchange information with each other within the framework of a due diligence mechanism is also introduced for the trusts, so the client who does not meet the verification requirements in one company will not be accepted into another. The reformed...

Jersey and the Isle of Man Have Approved High Level of Tax Transparency

Published: Dmitriy Batrakov | 21/11/2017 | news

The mechanisms for providing the global standards of information exchange in tax matters for Jersey and the Isle of Man have been subject to a review by the Organization for Economic Cooperation and Development. The OECD Global Forum on Transparency and Exchange of Information for Tax Purposes, which includes 147 experts, have carried out “revision”. The assessment of jurisdictions for tax transparency included 2 phases. The first phase assumed an analysis of the legal framework of the states, and the second one - monitoring of how fully it is implemented in practice. According to the results of such control, a certain indicator of the level of compliance with the international standard is fixed over the jurisdiction: “compliant”, “mostly compliant” “partially compliant” or “non-compliant” respectively. Within the framework of the second assessment phase, Jersey and Man were given the highest rating, which indicated the recognition of their achievements by the OECD with respect to compliance with global standards of information exchange in tax matters. Now the islands are included in a group of less than 10 jurisdictions which are ahead of the most EU and...

Meeting of Representatives of Banking Community and Scientists Dedicated to Implementation of EU Requirements Was Held

Published: Dmitriy Batrakov | 08/11/2017 | news

On November 3, the National Bank of Ukraine together with Taras Shevchenko National University of Kyiv held a meeting of the representatives of banking community, experts in finance and scientists to discuss the theoretical and practical aspects of bringing the domestic legislation in line with the provisions of the European Union acts for the fulfillment of the requirements of the Association Agreement between Ukraine and the EU. The discussion took place within the framework of the international scientific and practical conference on the subject: “Theory and practice of adaptation of banking legislation of Ukraine to the EU requirements”, organized by the NBU and higher educational institution. The Head of NBU Office European Integration and International Programs Vladimir Kuchin opened the discussion, who told about the actions of the regulator on the creation of the mechanism for the implementation of the Association Agreement between Ukraine and the European Union. In particular, the central bank is working towards the introduction of four fundamental acts for banking sector: EU Directive 2013/36 and EU Regulation No.575/ 2013 (so-called CRD / CRR IV...

EC Holds Consultations on Taxation of Digital Economy

Published: Dmitriy Batrakov | 02/11/2017 | news

The European Commission has made an announcement about the start of public consultations on the issues related to taxation of digital economy. The purpose of such an event is to develop an optimal approach to this aspect of the EU tax policy. The consultations are organized in the form of a questionnaire, and it is indicated in the relevant materials that the Commission “studies possible solutions to certain taxation problems caused by digitalization”. First of all, the EC is focused on creating more equitable and efficient tax system, supporting state revenues and ensuring equal conditions for business. In addition, it has plans to develop the necessary measures to support the growth and competitiveness of the European Union by creating a single digital market. At the same time, the Commission emphasizes the possible need for a two-stage approach, in which, after adoption of a “target-oriented, temporary solution”, a “comprehensive, long-term package of measures” will follow. The respondents are offered a list of temporary and long-term measures with the need to indicate to what extent each of them will help to solve existing problems. The temporary...

S&P Has Upgraded Credit Rating of Bank of Cyprus to Level “B”

Published: Dmitriy Batrakov | 27/10/2017 | news

On October 23, the international rating agency Standard & Poor's revised the credit rating of the Bank of Cyprus, having upgraded it to “B” and changed the forecast from “stable” to “positive”. In addition, S&P announced it expected the further increase of the bank credit rating in the next 12 months, subject to continued consolidation of public finances and economic recovery at the same pace. The forecasts of the agency for the period from 2017 to 2020 are very optimistic: it is expected that GDP of Cyprus will be increased by 3% per year. Commenting on the upgrade, S&P noted that the previous estimation was due to a number of problems that the Bank of Cyprus faced and they mainly related to the need to “reduce non-performing loans and return to sustainable profitability”, as well as low asset quality. Officially, Cyprus is still in the “junk” category, that is, it does not correspond the investment level, being a step lower according to S&P assessment and three steps lower according to Moody's and Fitch (“Caa1” and “B-“ respectively). You can find out about the features of the rating systems of the three largest special agencies...