Sunday, February 20, 2011

Tax Havens May be Told to Recover Dues From Indians



Tax Havens May be Told to Recover Dues From Indians
Going All Out After Evaders: Govt. to also keep tabs on those frequenting such tax jurisdictions

THE government will ask tax havens to recover taxes from Indian nationals who have stashed undeclared income there as it intensifies efforts to tackle the menace of black money. It is also keeping tabs on those frequenting such tax jurisdictions. "We can ask these countries to recover taxes, "a finance ministry official said. The tax information exchange agreements and revised double taxation avoidance agreements (DTAAs) entered into with some of these jurisdictions have a provision for providing assistance in recovery and the income-tax department plans to use this provision. The Central Board of Direct Taxes has opened income-tax units in some of these jurisdictions to facilitate information exchange and coordinate recovery of taxes. Two such income-tax units have been set up within Indian missions in Singapore and Mauritius and one each is proposed to be set up in the US, the UK, the Netherlands, Japan, Cyprus, Germany, France and the UAE. Further, income tax officials are also being posted in some of the tax havens. India recently signed tax information exchange agreements with Bahamas, Bermuda, British Virgin Islands and Isle of Man for access to information on bank accounts of Indian nationals there. Based on the information received, the department will step up the recovery process here. Those found to have evaded taxes will have to pay 100% interest on the tax and penalty up to 300%.Back home, the department is keeping a close watch on visits by Indian nationals to tax havens and those suspected to have bank accounts there. Investigation directorates have collected data from agents and officials of foreign banks offering services and soliciting opening of foreign banks accounts. They are also receiving data from the financial intelligence unit in India that has begun to receive data from other FIUs. As part of the drive against black money, the income-tax department had recently issued show-cause notices to some of the foreign account holders in addition to those in the list given by Liechtenstein. Black money has taken political center stage with the BJP launching a scathing attack on the UPA and the Supreme Court calling the menace a "plunder of the nation". Different estimates like the one by a BJP task force pegged the amount of black money between $500 billion and $1.4 trillion while another international estimate placed such flows at $462 billion.

No Escaping at Home or Abroad

Some provisions that will turn up heat on tax evaders

On Domestic Front


Dedicated info exchange in works Online info exchange with treaty partners Foreign Tax Division collect info about citizens having bank accounts abroad New plan for taxation, transfer pricing

On International Front

India joins Financial Action Task Force Taken membership of the Eurasian Group Upgrading Double Taxation Avoidance Agreements and signing Tax Information Exchange Agreements

Under the New DTC

A reporting requirement to make it obligatory to furnish details of ones investment and interest in any entity outside India Taxable assets to include deposits in banks located abroad

Economic Times, New Delhi, 17-02-2011

Tuesday, February 15, 2011

offshorecompany in Dubai & Mauritious: offshorecompany in Dubai & Mauritious: DTAA Provis...

offshorecompany in Dubai & Mauritious: offshorecompany in Dubai & Mauritious: DTAA Provis...: "offshorecompany in Dubai & Mauritious: DTAA Provision for offshore subsidaries: 'The Double Tax Avoidance Agreement (DTAA) is essentiall..."

offshorecompany in Dubai & Mauritious: offshorecompany in Dubai & Mauritious: DTAA Provis...

offshorecompany in Dubai & Mauritious: offshorecompany in Dubai & Mauritious: DTAA Provis...: "offshorecompany in Dubai & Mauritious: DTAA Provision for offshore subsidaries: 'The Double Tax Avoidance Agreement (DTAA) is essentiall..."

offshorecompany in Dubai & Mauritious: offshorecompany in Dubai & Mauritious: DTAA Provis...

offshorecompany in Dubai & Mauritious: offshorecompany in Dubai & Mauritious: DTAA Provis...: "offshorecompany in Dubai & Mauritious: DTAA Provision for offshore subsidaries: 'The Double Tax Avoidance Agreement (DTAA) is essentiall..."

offshorecompany in Dubai & Mauritious: DTAA Provision for offshore subsidaries

offshorecompany in Dubai & Mauritious: DTAA Provision for offshore subsidaries: "The Double Tax Avoidance Agreement (DTAA) is essentially a bilateral agreement entered into between two countries. The basic objective is t..."

offshorecompany in Dubai & Mauritious: Legislative provisions in Dubai

offshorecompany in Dubai & Mauritious: Legislative provisions in Dubai: "INCORPORATION OF A COMPANY IN DUBAI OR ESTABLISHING WHOLLY OWNED SUBSIDARY OF AN INDIAN COMPANY Companies Formation Following are the brie..."

Documentation requirement in Dubai



ATTACHMENT 1


INFORMATION AND REGULATIONS


Dubai has passed a law for incorporation of offshore companies in the Jebel Ali Free Zone in the Emirate of Dubai.  The laws have been framed in a manner such that the authority maintains a clean image of the companies vis a vis international financial authorities.

Some of the unique features of the companies are as follows:

1.                   No bearer shares will be allowed
2.                   The company shall file audited accounts each year
3.                   The company can open bank accounts with all banks operating in Dubai and also in other jurisdictions.

Enclosed in the attachment a short note on the features of such companies.

It is important to note that Dubai has double taxation agreements with the following countries.

Jordan, Sudan, Syria, Kuwait, Morocco, Malta, Yemen, Egypt, Finland, France, India, Pakistan, Poland, China, Germany, Indonesia, Italy, Malaysia, Romania, Singapore, Algeria and Turkey.




ATTACHMENT 2

            DOCUMENTATION AND INFORMATION REQUIRED FOR NON INDIVIDUAL APPLICANT


Proposed name of the company

Brief note on the proposed activity of the offshore company

Share capital of the company

Short profile of the corporate shareholder

Original Banker reference for the corporate shareholder (Attachment A)

Utility bill (e.g. electricity bill or telephone bill) of the directors of the proposed offshore company

Passport copy and address of the directors and secretary of the proposed offshore company

Certificate of Good Standing of the corporate shareholder

Certificate of Incorporation of the corporate shareholder

Memorandum & Articles of Association of the corporate shareholder

Board Resolution & Power of Attorney from the corporate shareholder for incorporating the offshore company (Attachment B)

Any other Incorporation documents of the corporate shareholder (optional)

Items 8 to 12 have to be:

1.         Certified as true copy by the Notary Public in the country of origin.
2.         Legalised by the Ministry of Foreign Affairs in the country of origin.
3.         Legalised by the United Arab Emirates Embassy I          n the country of origin.




ATTACHMENT A




BANKER REFERENCE

 

 

Jebel Ali Free Zone Authority

Dubai

United Arab Emirates

(Date)

Dear Sir,

Re:      A/C NO. (xxxxxxxxxxxx) in the name of (xxxxxxxxxxxx)

We confirm that (Name) is maintaining the above mentioned account with us since (Date).

The conduct of the account is satisfactory.

This certificate is given in confidence at the customer’s request, without any risk or responsibility whatsoever arising on the part of the Bank or any of its Officers.

Yours faithfully,
For (Bank Seal & Signature)



(Designation)





ATTACHMENT B

(Name of the Corporate Shareholder)



BOARD RESOLUTION IN WRITING PASSED PURSUANT TO THE ARTICLES OF ASSOCIATION OF THE COMPANY

 

INCORPORATION OF AN OFFSHORE COMPANY


It is hereby resolved that the company shall form an Offshore Company in the Jebel Ali Free Zone of the Emirate of Dubai, United Arab Emirates in the name of (Name of the Proposed Offshore Company) or as per the name approved by the Jebel Ali Free Zone Authority and guarantee full financial commitment to the Offshore Company, a Company to be registered in accordance with the laws of Jebel Ali Free Zone with its registered office situated at LOB 15 – 117, P.O. Box - 17870, Jebel Ali Free Zone, Dubai – U.A.E.


Further resolved that the shareholding of the company proposed to be incorporated in the Jebel Ali Free Zone would be as follows:

(Name of the Corporate Shareholder)                                               100%


Further resolved that the Company shall hereby appoint the following persons to act as Directors of the proposed company:

Name                                                                           Nationality                                          

(Name of the Director)                                               (xxxx)
(Name of the Director)                                               (xxxx)
                       
It is further resolved that (Authorised signatory for the proposed offshore company), holder of (xxxx) passport number (xxxx), to be the true and lawful attorney for the company and to do and execute any or all of the acts.

Further resolved that (Authorised signatory for the proposed offshore company), holder of (xxxx) Passport No. (xxxx), to be the true and lawful attorney for the company to open any bank account(s) with any bank in the name of the Offshore Company and sign and amend any bank mandate and resolutions without further authorization or approval from the Shareholders or the Board of Directors of the company and to designate or nominate any signatories to sign singly or jointly for such bank account being opened in the name of the Offshore Company.

The Company hereby ratifies and confirms whatsoever the Attorney shall or purport to do by virtue of this Resolution including in such confirmation whatsoever shall be done until this revocation of the Resolution.

 

 

Dated this (xx) day of (xxxx).

 

DIRECTORS



________________________________________________
(Name of the Director of the Corporate Shareholder)                                             


______________________________________________   
(Name of the Director of the Corporate Shareholder)