Taxation Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Taxation.



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Add the Letter ‘T’ to FATCA, and No One’s Getting Fat Except the IRS

  April 18, 2014     By DeBlis & DeBlis
In 2010 President Obama signed P.L. 111-147, the Hiring Incentives to Restore Employment Act. The purpose of the law is in its eponymous title, but the IRS got into the act with the Foreign Account Tax Compliance Act (FATCA) provisions.

A Primer on the Foreign Earned Income Exclusion

  April 18, 2014     By DeBlis & DeBlis
Ordinarily, the United States taxes U.S. citizens and resident aliens on their worldwide income, even when they live and work abroad for an extended period of time. To provide some relief, a U.S. citizen or resident who meets certain requirements can elect to exclude from U.S. taxation a limited amount of foreign earned income plus a housing cost amount. A double tax benefit is not allowed, however, and a taxpayer cannot claim a credit for foreign income taxes related to excluded income.

IRS Due Process Collections - Placing a Velvet Glove on the Wrecking Ball

  April 15, 2014     By DeBlis & DeBlis
Due process is, according to Black’s Law Dictionary, “a course of legal proceedings … which have been established … for the enforcement and protection of private rights.” Anyone facing an IRS federal tax lien or levy has already experienced the preliminary due process following the IRS determination that more taxes are owed.

Internet Enables Thieves to Steal $4 Billion in Tax Refunds

  April 11, 2014     By DeBlis & DeBlis
Criminals are utilizing their Internet connection to file false tax returns that help them steal refunds from the innocent. In 2013, fraudulent returns saw almost $4 billion sent into the hands of scam artists. Making things worse is the fact that the Internal Revenue Service is having a hard time stopping the fraud from happening in the first place.

Tariff Disputes in Turkey and Alternative Methods for Resolution

  April 7, 2014     By Herdem Attorneys at Law
Customs duties can be examined within the scope of two types of taxes which are expenditure tax and excise (Indirect) tax. Customs duty can be described as an expenditure tax. Expenditure taxes are for the services and goods produced sold or consumed. Customs duties are type of excise (indirect) tax as well because taxpayers reflect custom duties to consumer by including the tax into the prices of the goods to be sold. Taxable event, time and who to bear are not certain.

European Commission Tightens Key EU Corporate Tax Rules

  April 7, 2014     By Harris Kyriakides LLC
The European Commission has put forward certain amendments to key EU corporate tax legislation, in order to significantly reduce tax avoidance in Europe. The proposal will address deficiencies in the Parent-Subsidiary Directive, which may allow the operation of structures that will benefit from reduced taxation.

The Taxation Perspective in Liquidiation of Turkish Companies

  April 4, 2014     By Herdem Attorneys at Law
As well as the company establishment, an investor may take decision for termination of his/her company or a company's termination conditions stated in the laws may occur such that start of a liquidation process becomes unavoidable for the company.

Fighting The Post-Bankruptcy Survival Of Federal Tax Liens On Property Excluded From The Bankruptcy Estate

  March 23, 2014     By DeBlis & DeBlis
The federal tax collection system is founded on the concept of voluntary compliance.[1] The United States government expects taxpayers to compute and timely pay all taxes owed. Most taxpayers fulfill this obligation. However, a minority refuse to comply. Those falling within the latter category are subject to forced collection and various penalties.

Obtaining a Residence Permit in Greece

  March 13, 2014     By A&P Generalis Law Firm
Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens who own real estate in Greece of minimum value €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece.

The Greek Real Estate Market for Foreign Investors

  March 13, 2014     By A&P Generalis Law Firm
Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing, managing, utilizing, developing and reselling property in Greece. It is addressed to both Greek nationals and foreign citizens of other European and non-EU countries who have a practical interest in legal and tax matters in Greece, with the aim of facilitating entrepreneurship and more generally the access of foreigners to the Greek market.

Think You Got Game? Try Solving a Criminal Tax Problem

  February 26, 2014     By DeBlis & DeBlis
While reading can aid in learning, there is no substitute for doing. Reading about what steps should be taken to solve a tax problem is no different than reading about how to ride a bicycle. In the same way that the only way to learn how to ride a bicycle is by experiencing it firsthand – i.e., by physically getting on it (and perhaps falling off it more than once) – the only way to become proficient at solving tax problems is by trudging through a multitude of hypotheticals.

Income Tax Act, 1962 : Section 12L

  February 14, 2014     By Emery Mukendi Wafwana & Associes
As part of an initiative to become more energy efficient, the South African Government has decided to incentivise reductions in energy usage. Coming into operation on 1 November the recently introduced section 12L of the Income Tax Act, No 58 of 1962 (‘the Act’) provides for a tax deduction calculated by a set formula pertaining to the amount of energy saved for any person that is carrying on a trade during any year of assessment ending before 1 January 2020.

New Amendment to the Highly Qualified Persons Rules - Malta

  February 13, 2014     By CSB Advocates
Legal Notice 16 of 2014, has brought into effect amendments to the Highly Qualified Persons Rules, applicable retrospectively from year of assessment 2013.

More U.S. Taxpayers Admit to Secret Swiss Accounts

  February 8, 2014     By DeBlis & DeBlis
Why Swiss Bank Clients Who Can’t Stand the Heat Are Getting Out of the Kitchen.

Failing to File a Tax Return and that “Wascally” Little Word (not "Wabbit") Called Willfulness

  February 1, 2014     By DeBlis & DeBlis
Nary a day goes by that a client doesn’t ask me the question, “Why am I being charged criminally with failing to file my tax returns? Lots of people get behind on their taxes and fail to file their returns for a few years, but they are not prosecuted. Why me?”

Home Sweet Home for International Tax Collection

  February 1, 2014     By DeBlis & DeBlis
Recently, I received a panicked call from a client being detained at a major metropolitan airport. The client, a nonresident U.S. taxpayer, owed money to the Internal Revenue Service. Upon investigation, I learned who was responsible for detaining him: none other than the IRS. Under what authority? A two-year-old program designed to target nonresident delinquent taxpayers who travel to and from the United States.

Don’t Forget to Add the Salt When Cooking Up an IRS Voluntary Disclosure

  February 1, 2014     By DeBlis & DeBlis
New Jersey Notice of Federal Tax Change Requirements

Section 6050I – A Weapon In The IRS’s Criminal Arsenal

  January 24, 2014     By DeBlis & DeBlis
Congress enacted section 6050I to attack and unearth the underground economy. As enforced, however, section 6050I has been used as a weapon in the IRS’s criminal arsenal.

Long-term Investment Account - Hole in the Net

  January 20, 2014     By Jalsovszky Law Firm
The purpose of the personal income tax is to make Hungarian tax residents liable to tax on all their personal income irrespective of where the income is sourced and in which form it is realized. The personal income tax laws, therefore, create a net around the individuals and any item of income can only get through the net if it has been taxed.

New Jersey Clamping Down on Tax Evasion Amongst Small Business Owners

  January 17, 2014     By DeBlis & DeBlis
The Internal Revenue Service takes great pleasure in auditing individuals who own their own small businesses. Why target these “moms and pops?” For the simple reason that they often deal in cash and keep two sets of books. Add in possible sales tax violations and before you know it auditors from the state revenue department have joined in the action.

Rescued From the Brink of Insanity: Practical Advice for Making the Decision to Opt Out of the OVDI - Part II

  January 16, 2014     By DeBlis & DeBlis
Hypotheticals demonstrating when opting out is detrimental to the taxpayer.

Rescued From the Brink of Insanity: Practical Advice for Making the Decision to Opt Out of the OVDI - Part I

  January 16, 2014     By DeBlis & DeBlis
Opting Out: The solution for the non-willful OVDI taxpayer? Hypotheticals demonstrating when opting out is in the best interests of the taxpayer.

Argentina: Tax Havens - Publication of the List of Cooperative Jurisdictions for Tax Transparency Purposes

  January 9, 2014     By García Menéndez Abogados
The National Tax Authority (“AFIP”) published today in its “web” site the list of countries, jurisdictions, territories, states and special tax regimes which qualify as cooperative for tax transparency purposes (the “Cooperative Jurisdiction List”).

The Current Account Deficit and The Tax Increases in Turkey

  January 8, 2014     By Herdem Attorneys at Law
The unprecedented level of economic growth in Turkey during the last decade have created an economy with a GDP person of USD$ 10.000, an inflation rate cut down below the double digits, a purchasing power more than quadrupled, capacity utilization ratio of 75.6%, a government budget deficit below the Maastricht criteria of 3% and a public debt to GDP reduced down to 36% of the GDP.

Tax Advantages in Turkey: R&D

  January 8, 2014     By Herdem Attorneys at Law
In line with its high economic growth and its transformation in to an economic hub in its region, Turkey is recently investing alot to transform itself in to a center of high tech and R&D.

Tax Haven and Legislation in Turkey

  January 6, 2014     By Herdem Attorneys at Law
I. INTRODUCTION Turkey has been trying to take the strong measures against tax havens and monies left to these countries, but the measures still seem not enough. In order to understand this, foreign investors’ tendency and applicability of Turkish laws should be examined.

A Tax Exempt Start up for Multinational Companies: Liasion Offices in Free Trade Zones of Turkey

  December 30, 2013     By Herdem Attorneys at Law
Today, in global cash flow around the world made multinational companies to think more on tax benefits and cost effectiveness before they invest in a country.

On Transfer Pricing by Permanent Representative Offices of Non-resident Pharm Companies - Ukraine

  December 24, 2013     By Legal Alliance
The problem of taxation of permanent representative offices of non-residents (including multinational pharmaceutical companies) has recently gained considerable importance, not least of all due to the attempts on behalf of the tax authorities to make such permanent representative offices pay the taxes in Ukraine. Such attempts of the tax authorities have several times been backed up by the courts, thus the debate to define the “tax nature” of representative offices has become a pressing issue.

Don't Gamble With Gift Tax Returns

  December 23, 2013     By DeBlis & DeBlis
Beginning in 2011, the IRS started cracking down on taxpayers who did not file gift tax returns after making gifts that required reporting.

Think You Got Game? Try Being like Santa. How Imitating Santa Can Help You Save Taxes This Year

  December 23, 2013     By DeBlis & DeBlis
Paying tax is painful. But reading about it shouldn't be.

Immediate Tax Deducts for Accrued Property Transfer Taxes – Germany

  December 23, 2013     By GRP Rainer LLP
Whether real estate is being acquired entirely new in the context of property acquisition or if it was already in the partnership’s possession is an important fact.

Italian Parliament Approves ‘Google Tax’ in 2014 Budget but the European Union Thinks It Is Illegal

  December 21, 2013     By Giambrone Law
Italy’s Parliament approved a controversial law on Friday forcing tech giants like Google to sell advertising online only through Italian intermediaries, provoking anger from digital economy experts.

Chinese Regulations for Investments in Germany

  December 19, 2013     By Bright & Right
A rather detailed introduction of the legal aspects of outbound investment from China to foreign countries based upon the legal reality of China before 2012, which is undergoing further major changes in China at the moment.

Four End of the Year Ideas to Save Money on Your Taxes

  December 17, 2013     By HG.org
For millions of Americans, the holiday season is about giving and charity, and few stop to consider the state of their personal finances and taxes. But, the end of the year is also the end of a tax period for individuals, meaning that come December 31, they cannot make any more changes that will help reduce the taxes they will have to pay in a few months.

New Jersey Estate & Inheritance Tax: Reducing the Size of the Estate Through Gifting

  December 11, 2013     By DeBlis & DeBlis
New Jersey is one of only a few states that impose both an inheritance tax and a state estate tax. The inheritance tax applies when someone who lived in New Jersey, or owned property there, leaves property to someone who isn’t a close relative. The tax rate depends on how closely the inheritors and deceased person were related.

New Jersey Estate Tax: The Uninvited Guest

  December 11, 2013     By DeBlis & DeBlis
New Jersey collects both an inheritance tax and its own estate tax, separate from the federal estate tax.

Is There Any Tax Liability for Giving a Gift?

  December 11, 2013     By HG.org
Those who have dabbled with tax laws much at all are probably familiar with the general mantra that any money received may be taxable income. They may also be familiar with the idea that payments over a certain amount or in certain types of relationships (like employer/employee) often require that the payer ensure taxes are taken out before the balance is given to the payee. But what about gifts? Is there any tax liability for giving a gift?

Foreign Account Tax Compliance Act - Panama

  December 4, 2013     By Beitia-Carrillo Consultores & Asociados
In 2014, essentially all the financial institutions operating in Panama will be required to submit information to the United States (IRS) authorities, concerning “American citizen” in Panama.

How Does U.S. Law View Offshore Bank Accounts?

  December 2, 2013     By HG.org
Perhaps you are one of the fortunate few who has achieved a level of wealth where you are legitimately concerned that the ebb and flow of the U.S. economy could have a dramatic effect on your personal finances. Or, perhaps, you have heard that there are ways to avoid certain taxes if you keep your money offshore.

A Message from Uncle Sam to Taxpayers Who Have Undisclosed Foreign Bank Accounts: the Clock Is Ticking

  November 20, 2013     By DeBlis & DeBlis
OVDI: Is the IRS playing unfair? Read on...

Found Money – What Are My Legal Obligations?

  November 20, 2013     By HG.org
Everyone has seen a few cents on the ground, likely dropped while someone pulled a ring of keys from their pocket. While we would probably not think twice about picking up a penny, what if it was a bank envelope full of $100 bills? It may seem like a dream come true, but there are certain legal obligations when one finds misplaced money.

Can Foreigners Buy Real Estate in the United States?

  November 17, 2013     By HG.org
As the real estate market in the U.S. has made a strong indication of recovery, some outside of the United States have begun to look again at American real estate investments as a possibility. This leads some to wonder, though, whether it is even possible for a foreigner to buy real estate in the U.S.? If so, are there any special laws to be aware of or taxes that must be paid?

The Calm Before the Storm: Warning Signs that a Referral to Criminal Investigation is Looming

  November 14, 2013     By DeBlis & DeBlis
A criminal investigation conducted by the IRS is different from a civil investigation. Criminal investigation of taxpayer returns or fraudulent activity is conducted by the Criminal Investigation Division of the IRS (CI). CI is the heavy artillery of the IRS arsenal.

Eggshell Audits: Keeping the Shell of the Egg From Cracking When There are Criminal Tax Issues

  November 14, 2013     By DeBlis & DeBlis
In an “eggshell audit,” you must walk on eggshells to represent your client effectively in the civil examination without exposing the fraud, all the while honoring your duties to the tax system not to mislead the revenue agent.

To File or Not to File an Amended Return to Correct an Original Return That Has Criminal Tax Dimensions

  November 14, 2013     By DeBlis & DeBlis
Your client has filed a fraudulent return underreporting his tax liability. He now has misgivings. He comes to you and expresses great concern. What should you do?

The Hazards of Failing to File a Tax Return

  November 14, 2013     By DeBlis & DeBlis
All of us procrastinate. But some take things to dangerous extremes – putting off the filing of tax returns for a few years, or even many years. According to the IRS, each year some ten million people fail to file their tax returns. Nonfilers, as the IRS calls them, are skating on thin ice. They face both criminal and civil consequences. Luckily, these problems can be resolved if addressed, but they can also bring imprisonment and financial ruin if ignored.

New Facilities for Customs Clearance in International Trade

  November 12, 2013     By Herdem Attorneys at Law
New regulations in Turkish International Trade Law came into effect on 10.01.2013 in order to simplify customs procedures for international traders. With the new regulation, economic operators can apply for an Authorized Economic Operator (AEO) status, which is given permanently with no expiry, either to have easier access to customs simplifications or to be in a more favorable position to comply with the new security requirements.

Whistleblowers Programs Could Help Regain Funds From Tax Dodgers

  November 11, 2013     By The Evans Law Firm
According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.

Malta – Liechtenstein Doble Taxation Treaty

  November 7, 2013     By CSB Advocates
Malta's continuous effort in extending its tax treaty network (nearly 70 treaties entered into by Malta up to the end of October 2013) is again evidenced by a new tax treaty signed with Liechtenstein.

Updated Article Life in the Sun: The Ease of Benefitting from Tax Residence in Malta

  October 30, 2013     By CSB Advocates
Further to the suspension of the Permanent Residents Scheme in December 2010, the Government of Malta has put in place a scheme for special tax status aimed at attracting internationally mobile, high net worth individuals (HNWI) to become tax resident in our islands and benefit from a favorable tax rate of 15% on any income remitted into Malta.

The Migration of Non Resident Trusts to Italy

  October 30, 2013     By Giambrone Law
Trusts are still alien to the Italian legal system as they are essentially based on concepts in contrast with the Italian general principles on ownership. As the Italian legal system does not have a definition of trust, the Hague Convention has provided one, together with rules to be applied by Italian judges in the presence of conflicts in case of assets in trust located in Italy.

Polish and Turkish Legal Systems for Value Added Tax (VAT)

  October 28, 2013     By ADMD Law Office
The value added tax (VAT), is a type of indirect turnover based tax that is levied during the final phase of the purchaser of the goods and is included in the price of the purchased item or service. Being a turnover tax, VAT is levied at each stage of the production and the distribution process as well.

Tax Deductibility of Valuation Reports in Divorce Proceedings – Germany

  October 14, 2013     By GRP Rainer LLP
When assessing the value of a property because of the duty to disclose information and pay gains in divorce proceedings, the costs incurred are not tax deductible.

Special Tax Rate - Malta

  October 4, 2013     By CSB Advocates
It was reported in the past weeks that a “total of 320 professionals who have taken up residence in Malta are benefiting from a maximum tax rate of 15% on their €75,000-plus salaries”.

Impact of foreign and Domestic Inheritance Tax on Capital Assets – Germany

  September 24, 2013     By GRP Rainer LLP
Under certain circumstances, inheritance tax charged in another country cannot be deducted or considered as a liability against the capital assets of a German testator.

How to Write Off Expenses for Meals and Entertainment on Your Corporate Taxes

  September 22, 2013     By HG.org
One of the most common questions often asked of corporate attorneys by small business owners who are just setting up their first company is how to write off expenses. Usually, two of the most important expenses these people want to write off are meals and entertainment expenses.

According to the BFH, Foreign Inheritance Tax May Not Creditable – Germany

  September 20, 2013     By GRP Rainer LLP
If inheritance tax paid in a foreign country is not meant to be deductible in Germany, it is disregarded when the German inheritance tax is calculated.

Fiscal Cliff Crisis Avoided? Estate Taxes in 2013

  September 18, 2013     By DunlapWeaver, PLLC
In 2012, with the dreaded “Fiscal Cliff” looming, many were worried about the inaction that would cause the estate tax exemption level to fall to $1 million. However, in the first two days of the new year, Congress finally passed the American Taxpayer Relief Act of 2012 (ATRA) which makes permanent the $5 million exemption as well as portability.

Action Required: Portability

  September 18, 2013     By DunlapWeaver, PLLC
The American Taxpayer Relief Act of 2012 (ATRA) extended and made permanent (i.e., until Congress changes its mind) a number of key estate tax provisions. This includes a $5 million ($5.25 including inflation) estate tax exemption and portability of a deceased spouse’s exemption to the surviving spouse. The result of this means that married couples can shelter up to $10.5 million of their estate from federal taxes.

IRS Provides Same Sex Couples Direction, Post DOMA Ruling

  September 16, 2013     By Todd S. Unger, Esq., LLC
The Supreme Court’s recent decision to allow same-sex couples to receive marriage benefits raised several questions that left many lawmakers, financial institutions and individuals anxious for answers. Now, finally, the IRS has issued guidance in Revenue Ruling 2013-17. A Revenue Ruling is the IRS’s interpretation of the law.

Shipping Investment Funds: Tax Advantages Can Go Up In Smoke – Germany

  September 5, 2013     By GRP Rainer LLP
Due to disparities that must be calculated, investors in shipping funds may have to wait a long time before benefiting from expected tax savings.

Protect Your Assets From Judgment

  September 2, 2013     By HG.org
If you have already been sued, it is probably too late to do anything to protect your assets. But, if you are a planner and looking to protect your assets before you have a problem, this article is for you.

German Inheritance Tax

  August 21, 2013     By WF Frank & Partner LLP
This article provides a brief introduction to the German inheritance tax.

Protection of Foreign Direct Investment in Cyprus

  August 19, 2013     By Anastasios Antoniou LLC
The EU’s legislative landscape on failing banks may be changing quite rapidly. Cyprus was indeed the first Member State to experience and implement the resolution and bail-in approach with respect to failing banks, thus relieving taxpayers and direct investors from suffering the burden of rescuing failing, bad-managed banks. But there can be no doubt that Cyprus is a jurisdiction actively protecting foreign direct investment at the highest levels.

Understanding the Differences Between Corporations, LLC's, and Partnerships

  August 17, 2013     By HG.org
Congratulations on your decision to start a new business. The question you may be asking, though, is what kind of business you should form? What is the difference between a corporation, an LLC, and a partnership? Why form one and not another?

Private Confidentiality within Tax Investigation

  August 16, 2013     By GRP Rainer LLP
The confidentiality of tax information is privately agreed, but this does not prevent the collection of information from a tax investigation subsequent to request for confidential information.

How Tax Treaties Allow Benefits from Double Taxation

  August 13, 2013     By Azimuddin Law Associates
Double tax treaties provide for relieving double taxation; sometimes double taxation relief is extend to tax paid by foreign subsidiaries and other foreign affiliates in terms of economic definition.

Reduced VAT on Short-term Yacht Charters Commencing in Malta

  August 5, 2013     By CSB Advocates
On the 29th July 2013, the VAT Department published guidelines in relation to the Malta VAT treatment of short-term yacht charters starting in Malta, which guidelines are largely similar to the interpretation which applicable to long-term yacht leases.

Amendment to the High Net Worth Individuals Rules for Non-EU/Non-EEA/Non-Swiss

  July 25, 2013     By CSB Advocates
Following the launch of the Global Residency Program earlier this month, the Government has (by means of Legal Notice 178 of 2013) amended the HNWI Rules.

Tax Due Diligence in M&A Transactions in Uzbekistan

  July 17, 2013     By Legalmax Law firm
The old English proverb says, “There are only two things in life that we can’t avoid, death and taxes,” – and it confirms once again the value and importance of the tax due diligence procedure as one of crucial attributes of most M&A (mergers and acquisitions) transactions.

Ukraine Extends Tax Privileges for IT Sector

  July 15, 2013     By Frishberg & Partners
Acknowledging the importance of the IT sector in Ukraine’s economy, the government has provided tax breaks to qualified companies and individuals in the IT sector that fall under the category of "subjects of the software product industry". From the period of January 1, 2013 until January 1, 2023, qualified IT companies and individuals are subject to a reduced profit tax rate of only 5%, provided they maintain a separate accounting of income and expenses of their activity in this sphere.

Panama Enacts New Tourism Law: Law 431 of 2012

  July 11, 2013     By Pardini & Associates
Almost twenty years have passed since the enactment of Law 8 of 1994, which until the end of the year 2012 regulated tourism investments and incentives in the Republic of Panama. This body of law responded to a national strategy and a master plan oriented towards promoting tourism related investments in Panama.

Global Residence Program Launched - Malta

  July 9, 2013     By CSB Advocates
The 2013 Global Residence Program Rules have been finally published. Conversely as what has been expected however, these Rules are only applicable to non-Maltese, non-EEA and non-Swiss nationals.

Voluntary Disclosure in Relation to Untaxed Income Received from Service Fees Charged to an Agency - Germany

  June 27, 2013     By GRP Rainer LLP
Reportedly, a number of university-level professors have voluntarily made disclosures in relation to untaxed income received as service fees charged to a PhD conferral mediation agency.

Can an Arm's-Length Principle Fall Outside the Arm's-Length Range?

  June 19, 2013     By Jalsovszky Law Firm
The Metropolitan Court passed a strange judgement in a recent case. According to the judgement, taxpayers cannot argue that they used arm’s-length price in their transaction with their related companies if the corresponding transfer pricing document does not meet the legal requirements.

Amendment to the Highly Qualified Persons Rules - Malta

  June 19, 2013     By CSB Advocates
Legal Notice 152 of 2013, has brought into effect amendments to the Highly Qualified Persons Rules, applicable retrospectively from the 1st of January 2013.

Tax Avoidance - Cameroon

  June 13, 2013     By Legal Power Law Firm
Tax avoidance like tax evasion is a worldwide phenomenon, prevalent in all countries including Cameroon. It is not a modern device, neither merely resulting from the present day imposition nor necessarily brought about by the strong and popular resentment of taxation. The origin o f tax avoidance can be traced to the thirteenth and fifteenth centuries England where the “Use” and the ‘’Trust’ were employed to avoid the incidence of manorial tenure.

Federal Supreme Court Judgment Makes Things Harder for Tax Evaders - Germany

  June 11, 2013     By GRP Rainer LLP
Financial criminal offenses may occur more readily and more frequently than most people expect. In a recent decision, the BGH seems to have tightened its jurisdiction on tax misdeeds.

Sales Tax Law in Germany

  June 10, 2013     By GRP Rainer LLP
Sales tax is a tax incurred when deliveries or other services are exchanged. For this reason, sales tax is incurred with respect to nearly every service and every product.

A Q&A Guide to Doing Business in Angola

  June 7, 2013     By FCB&A
An overview of key developments affecting doing business in Angola and an introduction to its legal system for foreign investment, currency regulations and incentives, business vehicles and relevant restrictions and liabilities. It provides short overviews on the laws regulating employment relationships including redundancies and on competition law, data protection, product liability/safety, taxation/tax residency and IP rights over patents, trade marks, registered and unregistered designs.

Bad Times for Tax Dodgers after Federal Supreme Court Judgment - Germany

  May 28, 2013     By GRP Rainer LLP
The German Federal Supreme Court (BGH) is said to have tightened its jurisdiction on tax offenses in a recent ruling. In some cases, a suspended sentence is excluded.

Immediate Tax Deducts for Accrued Property Transfer Taxes - Germany

  May 22, 2013     By GRP Rainer LLP
Whether real estate is being acquired entirely new in the context of property acquisition or if it was already in the partnership’s possession is an important fact.

The Application of VAT Exemptions on Commercial Yachts Registered Under the Malta Flag

  May 16, 2013     By CSB Advocates
In the judgement S&D Yachts Limited vs MY Nautonnier delivered by the Court of Magistrates in Malta on the 3rd May 2013, it was held among other things that a vessel registered as a commercial yacht was not automatically entitled to an exemption from VAT.

Malta and India Renegotiate Double Taxation Avoidance Agreement

  May 8, 2013     By CSB Advocates
India and Malta renegotiated the Double Taxation Avoidance Agreement (DTAA) between the two countries with the intention of aligning to changes in domestic laws.

Tightening of Jurisprudence on Criminal Code for Tax Offenses - Germany

  April 30, 2013     By GRP Rainer LLP
The Federal Court of Justice (BGH) has seemingly tightened the jurisprudence on tax evasion. This shall particularly concern tax evaders who have failed to pay tax on multi-million euro amounts.

Change in Place of Supply Rules Affects the Maltese Leasing Structure

  April 22, 2013     By CSB Advocates
The 2013 amendments to the VAT legislation brought about changes to the place of supply rules in relation to long-term leases of yachts (leases for more than 90 days) to a non-taxable person.

Doble Taxation Treaty - Panama

  April 18, 2013     By Beitia-Carrillo Consultores & Asociados
Territoriality Tax Rule or Territorially tax system means “Do not pay taxes in Panama incomes for offshore source”, is a major fiscal benefits for foreign investors, however the country was victimize for Criminal Organization, choosing our jurisdiction for laundry money activities.

Notice of Included Sales Tax May Not Be Sufficient - Germany

  April 12, 2013     By GRP Rainer LLP
A business can potentially be acting anti-competitively if the notice of included sales tax only becomes visible after clicking on the button “shipping and payment options”.

Accrued Property Transfer Tax May Apparently Still Be Immediately Tax Deductible - Germany

  April 11, 2013     By GRP Rainer LLP
Up to now, it was not clear from a tax law perspective whether accrued property transfer tax constitutes incidental acquisition costs or an expense that is immediately tax deductible when there is a change to the composition of partners.

BFH Rules: No Constitutional Concerns Regarding the 1%- Rule - Germany

  April 2, 2013     By GRP Rainer LLP
The BFH has quashed constitutional doubts concerning the 1%- rule on the basis of the gross list new price.

Thailand – the Latest Developments in South East Asia

  March 29, 2013     By Bangkok Base - Antares Consulting Limited
Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost the economy in 2012. Despite uncertainty about the evolution of the global economy, the Thai economy is expected to rebound sharply with GDP growing by 5.5% in 2012 and 5% in 2013 (according to The World Bank).

Delay in Application of Uniform Act Organizing and Harmonizing Company Accounting Systems - Democratic Republic of the Congo (DRC)

  March 24, 2013     By Emery Mukendi Wafwana & Associes
The entry into force of the OHADA Treaty in the Democratic Republic of the Congo (DRC) resulted in the immediate application of the Treaty, its Regulations and Uniform Acts. It also led to the repeal of any DRC anterior legal instruments contrary to the Treaty and its Uniform Acts.

Presumption of Fictitious Invoices introduced? - Hungary

  March 13, 2013     By Jalsovszky Law Firm
The audit of the authenticity of invoices has been one of the primary inspection targets for the National Tax and Customs Administration (NAV) during the last few years. Despite the numerous Hungary-related decisions of the European Court of Justice last summer, the legislator introduced a series of year-end tax law changes that will allow the tax authority to maintain its current practice.

An IRS Criminal Investigation at a Glance

  March 12, 2013     By Barnes Law LLP
The Internal Revenue Service Criminal Investigation Division serves the American public by conducting criminal investigations regarding alleged tax violation and various money laundering statutes. The IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code. There is a long, complicated investigation process involving many levels of personnel that goes into prosecuting these types of criminals.

Voluntary Compliance #1 Goal for 2013, Reports Hawaii Department of Taxation

  March 8, 2013     By Richard Paul McClellan III Lawyer
The Hawaii Department of Taxation has announced its goals for 2013, and the #1 goal is to increase voluntary compliance. The Department is going to focus its outreach and enforcement efforts on non-compliant groups, including non-residents and persons "new" to the tax system.

Inheritance and Gift Tax Act (ErbStG) Possibly Unconstitutional - Germany

  February 22, 2013     By GRP Rainer LLP
The new Inheritance and Gift Tax Act that came into force on 1 January 2009 with the reform to inheritance tax is to be re-examined with respect to its constitutionality.

How to Plan Ahead with Upcoming Tax Changes

  February 18, 2013     By Todd S. Unger, Esq., LLC
It is wise to know what the tax changes are when planning for the next tax season. Following are a few of the changes for 2013 that could affect the amount of taxes that you will pay.

Intellectual Property Tax Planning with 2% tax on profits from royalty income

  February 17, 2013     By Anastasios Antoniou LLC
The attractive tax regime for royalty from Intellectual Property rights in Cyprus, which can be used by global IP owners, allows for as low as 2% effective tax on profits from royalty on IP.

Protecting Your Assets through Trust Formation - Cyprus

  January 22, 2013     By Michael Chambers & Co. LLC
High-net-worth individuals with valuable possessions around the globe need effective asset protection tools to manage and safeguard their wealth, as a respond to the differing legislations and tax regulations of the various jurisdictions.

Failure to Comply with Requirements Under Taxation Law in Victoria

  January 7, 2013     By Doogue O'Brien George
In Australia, failure to comply with taxation laws can lead to a Commonwealth criminal charge. What happens if you are found guilty and what penalty can you receive? Know the law for this offense and what you should do if you are charged.