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Lawyer's Blogs

From “paradise” to “black list”. EU has approved a new list of offshore jurisdictions

Published: 07/12/2017 | blog

On Tuesday, at the meeting of the Ministers of Finance of the European Union, the long-awaited list of low-tax countries which included 17 countries was approved. This list was finally approved at the meeting in Brussels on December 4, 2017 after 10 months of investigation and two years of struggle for obtaining national support from the EU countries. So, the black list of offshore states of the EU includes: American Samoa, Barbados, Bahrain, Grenada, Guam, Macau, Marshall Islands, Mongolia, Namibia, Palau, Panama, UAE, Samoa, Saint Lucia, Trinidad and Tobago, Tunisia, and South Korea. It is noteworthy that the British Overseas Territories such as the Cayman Islands and Bermuda are not included in the black list, even though they have been in the previous list of June 2015. The methodology for identifying countries in the list of 2015 was strictly criticized, which resulted in the need to refuse from the old list and replace it with a new one. At the same time, real activity is directed to 47 countries that have been included in the so-called “gray list” and promise to amend their taxation rules in order to bring them in line with EU requirements, and also to cooperate more...

European Regulatory Authorities Publish ICO Hazard Notifications

Published: 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...

Next changes in the criteria for risk assessment

Published: 21/11/2017 | blog

At the beginning of November 2017, we have already analyzed the draft proposed by the Ministry of Finance of Ukraine on amending Order No.567 of 13.06.2017 “On approval of the criteria for risk assessment sufficient to suspend the registration of tax invoice/adjustment calculation in the Unified Register of Tax Invoices” (hereinafter - Criteria). At present, the changes to the criteria have been made and entered into force on November 17, 2017. They are approved by the Order of the Ministry of Finance No.926 of 09.11.2017 and registered with the Ministry of Justice of Ukraine under No.138/31250 on November 13, 2017. It should be noted that the changes that have been made and their project differ significantly from each other. The experts of Finance Business Service have been considering the essence of the latest innovations and how they will affect the business. First, the clause 3 of the Criteria is set out in a new version, namely in the part that concerns the automatic recording of the information by the monitoring system, submitted by the taxpayer in the prescribed form. As for the payers, agricultural commodity producers, automatic accounting of information...

Citizenship of Malta: Individual Resident Program

Published: 16/11/2017 | blog

Main advantages The main goal to acquire the citizenship of Malta and the associated benefits depend on the plans of each individual investor. However, in most cases, such goals and benefits include: Acquisition of citizenship in a stable EU member state; Access to all investment opportunities in Malta and the European Union; Access to the Schengen area; Visa-free entry to more than 160 countries, including the United States; Advantages of tax planning; Stable political system; Access to quality training and education programs. Requirements for candidates: The main applicant must be at least 18 years old; The applicant must be a resident of Malta for at least 12 months preceding the issuance of the certificate of naturalization; The applicant is demanded to contribute to the economic development of Malta by paying a non-refundable contribution to the Malta National Development and Social Fund; The applicant must, within four months from the receipt of the prior Letter of Approval in Principle, give a proof of the availability of a Global Health Insurance of at least € 50,000 for the main applicant and each dependent,...

New EU Directive to Resolve Double Taxation Disputes Has Been Adopted

Published: 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...

Legal Regulation of Blockchain

Published: 07/11/2017 | blog

Legal regulation of blockchain. Latest changes and prospects for the development of legislation Blockchain Technology is a developing technology on which basis new applications in the field of finance appear daily. Regulators of some countries have already reported their intentions to study the use of blockchain technology, which is also called distributed ledger technology (DLT). The new technology is potentially attractive to the regulators because of the increased level of transaction security and risk reduction of manipulation, but, at the same time, it creates complex legal problems that regulators are trying to understand and resolve. In this article, we will try to make a brief analysis of the approach of regulatory authorities to blockchain technology. Regulation in the USA The regulators in the USA are seriously monitoring the development of blockchain and other DLT (as well as cryptocurrency, in circulation on the basis of such registers). Some express concern about their impact on financial stability and market integrity. At the same time, the US Securities and Exchange Commission (SEC) is actively exploring the potential possibilities of the use of...

UAE residency as an instrument of protection of ultimate beneficiary

Published: 02/11/2017 | blog

The issue of protection of the economic interests of beneficiaries has got a new development in connection with the introduction of the automatic tax information exchange system (OECD CRS), as well as extremely high probability of fast signing of the corresponding document by CIS countries. The variant for solving the problem of protection of the economic interests of beneficiaries may be the use of free economic zones (FEZ). So, the UAE does not disclose the beneficiaries of resident companies, they do not provide data on their residents. The lack of exchange of tax data is due to the absence of the tax service as such. In addition, the Emirates differ with stability and have all the tools for doing business. The most understandable and reliable solution for obtaining a resident visa in the UAE is the establishment of a company in one of the Free Economic Zones of the Emirates and obtaining a resident visa through the status of an investor, i.e. the owner or co-owner of the company. Resident investor visa is not just a permit to live in the UAE, such a visa also gives a foreigner the right to study, do business, buy and rent housing in the Emirates. In addition, one...

Automated tax administration system or “manual control”: what to expect from proposed changes in the risk criteria for suspension of registration of tax invoices?

Published: 01/11/2017 | blog

The Ministry of Finance of Ukraine has issued a new draft on amending Order No.567 of 13.06.2017 “On Approval of the Criteria for assessing the risk level sufficient for suspension of registration of a tax invoice/adjustment calculations in the Unified Register of Tax Invoices”. The experts of Finance Business Service have considered what kind of changes may happen and whether they will simplify the “life” for business. Having removed the issue of regulatory technology and consistency of terminology, to which lack in some normative acts of the Ministry of Finance we are already accustomed, let us try to understand the consequences that taxpayers will have to face if such changes are adopted. Thus, the draft suggests introducing certain changes in the part of provision of the possibility not to take into account taxpayer data filed in the prescribed form, so-called “technological table”, by the State Fiscal Service of Ukraine. In which cases does the Ministry of Finance propose not to take into account the “technological table”? The Ministry of Finance defines two such cases, namely, when the supervisory body has received: Information that the...

Account in the payment system or bank: where and who is better to open accounts

Published: 31/10/2017 | blog

Fintech sector is developing with seven leap steps now, offering great opportunities, as well as a high level of reliability and confidentiality. Online payment system is a fast and reliable way of receiving and transferring money through the Internet, making payments on contracts, withdrawing funds to cards, etc. Moreover, international payment systems (PS) enable you to open corporate and personal accounts with unique IBAN, make SWIFT and SEPA payments, while the procedure for opening an account is faster - up to 5 days, the KYC procedure is easier than in the bank. Another advantage is that the payment systems work with VISA, Mastercard, American express, etc. At the same time, the requirements of the banks for verification and identification of customers are constantly growing, banks stop servicing customers from classical offshore zones, moreover, the availability of registration in positive jurisdiction also does not guarantee that the bank will not close an account or it will not check each transaction thoroughly. Advantages and disadvantages of international payment systems (PS) [InsertImageLightGallery...

Gambling Reform in Malta

Published: 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...