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A Good Time to Expose Tax Havens?





“We fuss about them, howl that the activity is illegal, but we don’t shut them down, because the town fathers are in there with their pants around their ankles. Tax havens cannot exist without the consent of the countries whose transactions they accept.” – Lee Sheppard

In 2013, the World Bank estimated that an annual expenditure of USD 3.4 billion would have let developing countries build a tough pandemic-prevention capability. We could have definitely avoided the cost and consequences. A global outbreak could have been much less likely. Yet this was overlooked and the expenditure wasn’t made. As of now, economies are struggling and the tax revenues have reduced sharply.

The foreseeable future you ask? Saudi Arabia has already thought of introducing income tax in the near future. The oil-rich country has suffered the biggest economic decline in the last 30 years. 

But is it enough to introduce or increase the taxes?

There is something called OFCs or Offshore Financial Centers. They usually go by the name- ‘tax-havens’. These places are estimated to have USD 36 trillion stacked up in cash, gold, and securities, not including tangible assets such as real estate, art, and jewels. For comparison, India’s total tax revenue is USD 0.17 billion a year. These OFCs are all over the world- Switzerland, Hong Kong, the Cayman Islands, the British Virgin Islands, the Bahamas, the Isle of Man, Luxembourg, Lichtenstein, Ireland, Singapore, Panama, Trinidad and Tobago, Seychelles, and Vanuatu.

For years, OFCs have allowed corporations and individuals to shelter tremendous fortune from taxation. The Panama Papers investigation revealed that 140 politicians from more than 50 countries, as well as celebrities, drug dealers, arms traffickers, and others, had secret accounts in the country. And Panama is but one of scores of tax havens around the world. Five countries alone account for more than 50% of the aggregate foreign funds parked with the Swiss banks.

India comes 47th in the Financial Secrecy Index published by the Tax Justice Network and has its very own term for financial secrecy called Benami. Singapore (rank 5), Mauritius (rank 51), and Netherland (rank 8) are the top three destinations for Indians to park their money.  More than 50% of the country’s FDI equity inflows and outflows are routed through these countries. They account for 59% of FDI inflows and 55% FDI outflow. If other tax havens are added to the list, their contribution to the total FDI would go up substantially. Moreover, the top ten jurisdictions from which India receives FDI inflows accounted for 87% of the total inflows between April 2000 and December 2019.

share of tax havens in india's FDI; inflows and outflows

The money held by the tax havens falls into two important categories. First the money held by wealthy individuals. It includes more than 70%of the financial wealth held by the citizens of the U.A.E., nearly 50% of the Russian wealth, and an average of 15% in Continental Europe.

The second category of money held in OFCs is the tax savings of multinational corporations. They use creative accounting mechanisms. And unlike the practices of individuals, what multinationals do is often legal. By increasing profits through tax avoidance, multinational increase the value of their stock. The taxes saved are used to subsidize the shareholders of the company. A good example of this is the Sweetheart Deal between Apple and Ireland.

This diminishes the tax revenue in countries where it otherwise would be paid by up to USD 600 billion every year. This includes USD 200 billion forfeited by developing countries, which can least afford it.

Some governments recently have taken the first step to identify offshore accounts and recover the taxes owed by individuals. Israel’s largest bank, Bank Hapoalim, and its Swiss subsidiary recently agreed to pay a fine of over USD 874 million for sheltering USD 7.6 billion in Americans’ assets.

The U.S. House of Representatives recently introduced a bill to counter money laundering and improve U.S. tax enforcement. This has resulted in the disclosure of 47 million accounts and improved tax compliance.

Britain, too, has recently taken some small steps to boost tax collection, requiring targets to reveal the source of unexplained wealth. But the U.K. is at the center of the largest global tax haven system. It is one of the greatest enablers of tax avoidance. It has tolerated tax havens such as Guernsey, Jersey, the Isle of Man, and the Cayman Islands for a long-long time.

Maybe we could all learn a little from the following example: in the 1960s, the French President Charles de Gaulle had taken an important step to stop French citizens from hiding their income and wealth in Monaco. At the time, France had a tax rate of over 50 percent, whereas Monaco didn’t tax the income of French nationals. De Gaulle stopped the practice by shutting down the one road to Monaco until the principality disclosed the names of French citizens using its banks.

We need to be prepared. We need to make sure that the impact of any global crises on finance and health is lessened in the future. The pandemic has made the facts very clear. It has changed the equations by which we have been living.

The tax havens are wrecking too many countries where multinationals make their money. And it will be really difficult for a single country to stop this. Companies might simply end up relocating. This would result in the loss of jobs and taxes for that country. But we still have an option…

What if the countries act ‘together’? Would they be able to stop or limit the practice of multinationals and individuals using taxpayer money?

Till next time…

Sources: foreignpolicy.com / businestoday.in

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CBDT on an MoU Spree?



CBDT signs MoU with SEBI, MoMSME and CBIC for Exchange of Data and Information

CBDT and MoMSME

The Central Board of Direct Taxes (CBDT), the governing body for income tax, and the Ministry of Micro, Small, and Medium Enterprises (MoMSME) have recently signed an MoU on July 20. The agreement allows the IT Department to share information with the Ministry of MSME. These include depreciation on plant and machinery as reported in ITR 3, 5 & 6, sales/gross receipts of business as reported in ITR 3, 5 & 6; and gross turnover/gross receipts as reported in ITR 4.

Section 138 of the Income Tax Act empowers the department to share information/details of its taxpayers with other government agencies.

The data will help the MoMSME to check and classify the enterprises in the MSME category. There are companies that enjoy MSME status despite having surpassed the parameter based on investment limit in plant and machinery.

The tax authorities have certainly tightened their screws on such companies.

CBDT and SEBI

In addition, the Central Board of Direct Taxes (CBDT) has also joined hands with The Securities Exchange Board of India (SEBI), the capital market regulator. And just like other MoUs, this partnership also focuses on the exchange of information and data.

On 8th July 2020, CBDT and SEBI signed a Memorandum of Understanding (MOU) for the exchange of data. Both these authorities mutually agreed to share data of traders in three ways — request-based exchange, suo moto exchange, automatic exchange. As a part of the MOU, there would be sharing of data and information, maintaining the confidentiality and safe preservation of data. Tax Alert! The IT Department might be working to build a warehouse of information on taxpayers by sourcing data from third parties.

What will CBDT share with SEBI?

CBDT and CBIC

This is big – the partnership of two apex tax bodies.

On July 21, CBDT and CBIC (Central Board of Indirect Taxes) signed an MoU to facilitate the sharing of data and information on an automatic and regular basis, including on request and from their respective databases.

To sum it up, do you think these MoUs mark the beginning of a new era of cooperation and synergy between the CBDT and other ministries like SEBI, MoMSME, and CBIC?

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Voluntary Compliance: One more chance, before you get an IT Notice


The Income Tax Department will conduct an 11 days ‘e-campaign’ to increase voluntary compliance for Financial Year 2018-19 so that taxpayers do not face any notice or scrutiny.
Starting today 20th July to 31st July 2020, the taxman will reach out to taxpayers who have not filed or incorrectly filed their Income Tax Return.

Whom will ITD reach out to?

The Income Tax department will send out emails and SMSs to taxpayers that have made high-value transactions between 1st April 2018 to 31st March 2019 but did not report or misreport them in their tax returns.

The ITD is using data analytics to filter out high-value financial transactions such as:

  • Cash deposits in Banks
  • Purchase or sale of immovable property like land, building, etc.
  • Financial Market transactions like trading in:
    • Securities
    • Derivatives
    • Commodities
    • Mutual Funds, etc.
  • Purchase or sale of Jewellery

But how does the taxman know all of this?

The Income Tax Department gets details of the taxpayer’s financial transactions from various sources like:

  • Statement of Financial Transactions (SFT) Report
  • Details of Tax Deduction at Sources (TDS) & Tax Collection at Source (TCS) from Form 26AS
  • Foreign Remittance
  • Annual Information Reports (AIR) filed by institutes like
    • Banks
    • Brokerages
    • Asset Management Companies
  • Information relating to GST
  • Information relating to exports and imports

Earlier this month on 8th July 2020, the CBDT (the governing body for Income Tax) and Securities Exchange Board of India (SEBI), the capital market regulator, have joined hands for exchange of information and data.

CBDT partners with SEBI to curb tax evasion
CBDT enters into partnership with SEBI for data exchange. ITD can access trading transactions of taxpayer & issue notice to tax evaders
Read More
CBDT partners with SEBI to curb tax evasion
CBDT enters into partnership with SEBI for data exchange. ITD can access trading transactions of taxpayer & issue notice to tax evaders
Read More

Using data analytics, the Central Board of Direct Taxes (CBDT) was able to identify taxpayers with high-value transactions who have not filed or incorrectly reported them in their returns for FY 2018-19.

Can I find high value transactions?

The taxman is working on the lines to make tax compliance smooth for all taxpayers by making information less scattered.

One of the ways is through the new avatar of Form 26AS. From FY 2020-21 onwards, Form 26AS will include details of the Statement of Financial Transactions (SFT). Meaning, taxpayers can now see transaction like:

  • Property & Share Transaction Details
  • Status of Proceedings with ITD
  • Status of Income Tax refund/demand

The taxpayer can use their e-compliance portal to view high-value or significant transactions.

How to access Compliance portal?
Taxpayers can access the Compliance Portal to submit responses to the Income Tax Department and also to view the issues raised by the ITD.
Read More
How to access Compliance portal?
Taxpayers can access the Compliance Portal to submit responses to the Income Tax Department and also to view the issues raised by the ITD.
Read More

The taxman will reach out via emails and SMS under this 11-day e-campaign if there is any discrepancy in the ITR filed by taxpayers & high-value transaction details with the ITD. The aim is to increase voluntary compliance and avoid notices and scrutiny.

Wait… so this is not a notice?

The ITD promotes Voluntary compliance under this 11 days e-campaign, so taxpayers do not have to face scrutiny or notice from the tax department.

For FY 2018-19, the taxpayers have the last few days to validate and verify their financial transaction information with the ITD under this e-campaign.

It’s a great opportunity for taxpayers to participate in the e-campaign for their ease and benefit, says the CBDT.

What if you get such communication from the ITD?

If you receive such email or SMS from the Income Tax department, you must respond within the prescribed time. After which you may receive a tax notice or face scrutiny from the ITD.

Being an e-campaign, you can easily file an online response by selecting any of the following from your income tax e-filing account:

  • Information is correct
  • Information is not fully correct
  • Information related to other people/year
  • Information is duplicate/included in other displayed information
  • Information is denied.

If need be you can also file a belated / revised ITR for FY 2018-19 before 31st July 2020.

Not sure how to respond? Talk to one of our experts at Quicko.

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Apple's 13 Billion Euros Tax Row

In 2016 Apple was ordered to pay 13 billion euros as unpaid taxes and 1.2 billion more as an interest to Ireland. But a few days back, the European Union’s 2nd highest court annulled the case. It ruled out that the commission had failed to prove that the Irish Government had given Apple a tax advantage.



Phew! A major breather for Apple who has been forced repeatedly to defend its tax practices for a long time. Although it pays out tens of billions of dollars in taxes, it practically paid ‘nothing’ as taxes in Ireland.

Europe’s competition commissioner Margrethe Vestager is at the center of Apple’s current tax-row. She’s been called ‘your tax lady’ by Donald Trump and is Silicon Valley’s worst nightmare. Apple and Ireland have engaged in what she has termed as the ‘sweetheart deal’. It all started in 1980 when Steve Jobs began operations in Ireland. The country offered Apple a deal to operate basically tax-free if it set up its European headquarters on the island. Steve Jobs announced that he would bring in £7 million and create 700 jobs for Ireland. Today there are 6000 employees in Ireland working for Apple. 

Ireland continued to allow Apple to operate even after the European Economy Community made it mandatory to accept taxes from companies arriving. In 1991, the first ‘sweetheart deal’ was made between Ireland and Apple. Apple established operations under two subsidiaries ‘Apple Operations Europe’ and ‘Apple Sales International’. Profits from India, Africa, The Gulf, and Europe were made under these subsidiaries. For example, the profit from an iPhone sold in India was recorded by these subsidiaries in Ireland. A special deal with Ireland allowed Apple to pay 50 cents for every 1 million of profit.

The deal gave Apple a massive competitive advantage over its rivals. In 2007 a second deal was made. This was during the time the iPhone was first released. The company would only be taxed on a certain bracket of its earnings. This deal continued till 2015. But the EU had already opened a formal investigation into Apple’s tax deal with Ireland. In 2013, an investigation revealed that Apple had paid less than a 2% tax in Ireland for years. The Brussels HQ accused Apple of benefiting from something called ‘illegal state aid’.

In 2015 Apple had to change the residency of its Irish subsidiaries to comply with the changing tax laws. This subsequently led to Apple claiming an increase in tax payments in Ireland. This is where Margrethe Vestager enters the scene. She orders Ireland to claw back €13 billion worth of unpaid taxes. 

Tim Cook retaliated by calling the ruling ‘total political crap’. He pledged to continue growing in Cork. In his defense, he said that the company had not received a ‘special deal’ and that it wasn’t ‘unique for Apple’. ‘It was their law.’ Cook and Ireland’s former finance minister Michael Noonan appealed the decision. By 2019, the Irish treasury backing Apple’s case reported over €7.1m in legal fees. The European Parliament had labeled it as a ‘tax-haven’. Its international tax laws had lured in more than 1000 FDI giants. The country’s reputation as ‘European HQ of major tech’ was on the line.

July 2020: The European competition watchdog suffered a crushing defeat. It failed to prove that ‘the Irish government had given the U.S. tech giant a tax advantage’. The lawyers went on to appeal that the tax imposition ‘defies reality and common sense’. Apple had won a major court battle over taxes at Europe’s second-highest tribunal. It no longer has to pay €13 billion to the European government.

Wait…

The European Commission still has two months to decide if they want to appeal the latest ruling and potentially take it to the EU’s highest tribunal.

Now the question is, will they meet again…?



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Tax Exemption to Boost Infra?


Tax Exemption to Boost Infra

The Infrastructure sector is a key driver for the Indian economy, and for any country as a matter of fact.  This sector is majorly responsible for the county’s overall development. It enjoys intense focus from the Government. For example, the development of the first bullet train in Korea and Japan created a great boost for their economy. Singapore was an empty bare land. After they built their marvelous infrastructure like the Bay Area and Bedok, tourists started flocking in. China could never have achieved this much economic growth or the title of “the world’s factory” if it had lacked infrastructure.

The Indian government has been initiating policies to ensure time-bound creation of world-class infrastructure. These include power, bridges, dams, roads, and urban infrastructure development.

India ranked 44th out of 167 countries in the World Bank’s Logistics Performance Index (LPI) 2018. India ranked 2nd in the 2019 Agility Emerging Markets Logistics Index. Also, India ranked 63rd in the World Bank’s ease of doing business for the year 2019. This was a jump from the 74th position.

The Tax Reform

FM Nirmala Sitharaman had announced in Budget 2020, “In order to incentivize the investment made by the sovereign wealth fund of foreign governments in the priority sectors, I propose to grant 100% tax exemption to their interest, dividend and capital gains incomes in respect of investment made in infrastructure and other notified sectors before March 31, 2024, and with a minimum lock-in period of 3 years.”

CBDT (Central Board of Direct Taxes) announced a major reform on July 6. It notified tax exemption for SWFs’ (sovereign wealth funds) income from investment in the infrastructure sector. This shall take effect from April 1, 2021. Also, it shall be applicable for the AY 2021-22 and the subsequent AYs. The CBDT has widened the scope of ‘infrastructure’. This is for the sole purpose of claiming income tax exemption under Section 10 (23FE) of the I-T Act. (introduced via the Finance Act 2020)

The section provides a  complete tax exemption on interest, dividend, and capital gain incomes of sovereign wealth funds (SWFs) and global pension funds arising from investment in Indian infrastructure. The said Section permits a complete tax exemption to certain exclusive categories of non-resident investors.

Inflow of FDI

index of 8 core infrastructure industries

The past:

Foreign Direct Investment (FDI) in the Construction Development sector (townships, housing, built-up infrastructure, and construction development projects) stood at USD 25.66 billion during April 2000 to March 2020. (according to the Department for Promotion of Industry and Internal Trade or DPIIT) The logistics sector in India is growing at a CAGR (compound annual growth rate) of 10.5% annually. It expects to reach USD 215 billion in 2020.

The present:

Moreover, India has been witnessing significant interest from international investors in the infrastructure space. Some of the important aspects are:

  • Large investment in infrastructure has seen momentum. The overall PE (private equity)/VC (venture capital) investment touched an all-time high of USD 14.5 billion in 2019.
  • In 2019, the infrastructure sector witnessed seven merger and acquisition (M&A) deals worth USD 1,461 million.
  • In FY20, the cumulative growth of eight core industries stood at 0.6%.
  • As of March 31, 26.02 million households get electricity connection under the Saubhagya Scheme.
  • The largest deal was done by Abu Dhabi Investment Authority, Public Sector Pension Investment Board, and National Investment and Infrastructure Fund. They made an investment worth USD 1.1 billion in GVK Airport Holdings Ltd.

The future:

India requires investments worth INR 50 trillion (USD 777.73 billion) in infrastructure by 2020/2021. For sustainable development of the country, India plans to spend USD 1.4 trillion during 2019-23. The Government has suggested investment of INR 5,000,000 crore (USD 750 billion) for railways infrastructure between 2018-2030.

To sum it up:

Better infrastructure leads to increasing FDI. Investors never fail to notice the development of roads, availability of power, smooth logistics and better infrastructure of any country. And India understands the need for this.

Reduce dependency on China

china's increasing presence in india's infra sector

Investment in Indian infrastructure has been a sweet spot for China. (according to policy think tank Brookings India) India ranked 31st in the list of countries where China invested. These investments have played a vital role for industries allied with infrastructure. Construction equipment and steel industries depend immensely on such investments. For example, nearly half of the Tunnel Boring Machines that are to be used in building an underground Metro line in Mumbai are owned by Chinese companies. The remaining are owned by western countries but made in China. The reason companies like Tesla, etc invest more in China rather than India is because China is miles ahead of India with respect to their infrastructure sector.

But India’s decision to cut ties with China is going to have a lot of implications. The state of Maharashtra has put on hold three deals worth INR 5,000 crore. Work on the Delhi-Meerut Regional Rapid Transit System has been curtailed.

Is it possible to replace the sources of equipment required for these projects?

Yes, it is.

But not until we find alternative investors or start manufacturing equipment on our own. Firms like BHEL [Bharat Heavy Electricals] or BEML need to speed up their game. And on the other hand, India needs to open routes and provide better trading options to other nations. The tax reform seems to be an attempt to achieve this.

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