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All GLG News Analyses Filed Under: Tax Issues

Analyses are solely the work of the authors and have not been edited or endorsed by GLG.

Ongoing HMRC Data Security Issues

August 18, 2009

GLG Expert Contributor

ICO: HMRC breach - where were the tech safeguards? | www.silicon.com

It seems that there are still security issues wrt HMRC. It is regrettable but HMRC still don't seem to "get" data security.

Why We Don't Need a Value Added Tax

July 30, 2009

GLG Expert Contributor

A VAT Tax Is Not the Answer | www.realclearmarkets.com

Congress is looking for ways to pay for health care and to reduce the deficit, and some in Washington are proposing a value-added tax. This is inadvisable. A 1% VAT could raise $100 billion a year, and a 5% VAT could bring in $500 billion. This would encourage Congress to increase spending rather than reducing it, raising the percent of GDP attributable to the government sector. European countries with VATs generally have slower growth and higher unemployment than does the United States.

Markets don't like Taxes

June 22, 2009

GLG Expert Contributor

Financial Times | www.ft.com

The tax avoidance by Foreign invested companies in China is in fact something faced in equal measure by India(e.g. Vodafone) and also true for Offshore structures channeling spurious domestic investment back into the country. The lack of taxation benefits brings on real challenges to the valuations and the profit in a deal, however, the huge amounts of money involved would definitely help the starved economies in question.  Tax benefits partaken by investors thru such means are increasingly being questioned because these inflows thru relevant taxation ensure participation of the government involved and bring relief to the local economy. Increasingly, one finds that tax shelters sold by KPMG, PWC, UBS and others are being questioned fairly and squarely for the lack of oversight and their dependence on local and international corruption. each such deal only increases more misconfidence in the market because of the noise on ethical practices and such practices are no longer recommended

Offshore Holding for Foreign Invested Enterprises may now be under China Tax Rules

June 22, 2009

GLG Expert Contributor

Financial Times | www.ft.com

The mainland tax authority has delivered grim news. In early 2009, the China State Administration of Taxation has issued a few circulars to revise the existing rules governing foreign companies earning income from China. These circulars basically cover all types of income foreign companies may earn from China. It could be a foreign company having a working place in China and earning service income or a foreign company without any place or person in China but earning passive income such as dividend, interest, royalty, rental and capital gain from China. In particular, circular No. 3 and No. 19 set out detailed compliance and disclosure requirements. They include mandatory registration, periodic reporting, final reconciliation, etc. Failure to do any step may cause trouble in remitting money out of China.

Fosters Advance Ruling - India

September 12, 2008

GLG Expert Contributor

Fosters & the Authority for Advance Rulings in India | www.maxkapital.com

The importance of a coherent international tax framework is important.

A Vodfone Tax Case Loss in India Will Open Significant Uncertainties

August 18, 2008

GLG Expert Contributor

Vodafone India Tax: What it Might Mean | www.maxkapital.com

If lost, the Vodafone India tax case will cause considerable uncertainties for the investor community.  This article highlights some questions which might arise if the Vodafone case is lost.

Australian tax authorities cross-border investigations

March 4, 2008

GLG Expert Contributor

Alleged tax fraudster finds $5m for bail | www.news.com.au

The Australian Tax Office is looking at deals through tax havens. They have some good leads.  It is not simply about Liechtenstein.  Their information is wider and deeper than that. Whether a transaction looks legitimate or not, if it was run through a low-tax jurisdiction it needs to be reviewed.

Peter Dehnen, Partner

Peter DehnenPartnerDEHNEN.Lawyers What is a GLG Leader?|GLG Leaders are a separate tier of Council Members with a Council Rank in the top 5%. These GLG Member Program participants are eligible for ongoing, in-depth consultative relationships with GLG clients.

Germany seeks to protect its companies against foreign government funds

February 28, 2008

Financial Times Deutschland: EU plant Kodex für Staatsfonds | www.ftd.de

More than USD 42 billion was invested by foreign government investors in Germany in 2007 and more than 2.2 million German employees work for companies owned by non-resident government and private funds. In regard to foreign investment funds, a German draft bill would allow the German government to prohibit the acquisition of a stake greater than 25% in a company located in Germany by a non-resident investor. Although the draft bill aims primarily at government-owned funds, the law would equally apply to any investor, whether privately or publicly owned, in order to allow blockage of controlling foreign interests in German companies. The President of the European Commission, Jose Manuel Barroso, has argued for a “European approach”, which need not automatically mean a European law, but which should avoid national solo attempts at restrictions.

A Degree of Mauritius Investor Risk

February 12, 2008

GLG Expert Contributor

Investing in India Realty through Mauritius | www.maxkapital.com

Several India inbound investors use Mauritius entities as a planning vehicle.  The presumption is that a liability to capital gains tax in India will not arise on disposition, because the gains are taxable only in Mauritius.  

Interpreting Law and Applying it to Facts

February 6, 2008

GLG Expert Contributor

Points in Law & Points in Fact | www.maxkapital.com

The Supreme Court in India has delivered several important decisions in the recent years.  The apex Courts interpretations have in my view been largely correct and very fair to the taxpayer.  I would go so far as saying that there has been a distinct and unspoken application of the Cape Brandy principals with rulings tilting towards the taxpayer.

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