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The Cayman Islands enacted The International Tax Co-Operation (Economic Substance) Law on 1 January 2019 (the “Law”). The Law requires entities engaged in certain relevant activities to have demonstrable “economic substance” within the Cayman Islands, in accordance with the standards established by the OECD and the EU to combat base erosion and profit shifting (BEPS). WHO DOES THE LAW APPLY TO? Currently, the Law applies to Cayman entities that are defined as “relevant entities” conducting “relevant activities”. Relevant entities will include most Cayman Islands exempted companies, limited partnerships and Cayman LLCs except investment funds or entities through which investment funds...

CORPORATE & FIDUCIARY NEWS 2019

The more money you make, the more taxes you pay — right? Not necessarily. While the U.S. tax code is structured so that high earners pay a higher tax rate, the ultra-wealthy often take advantage of laws that enable them to lower their effective tax rate. "In general, America's wealthy are different when it comes to tax planning because of the options they may have with categorizing the assets they hold," said Ron Carson, founder and CEO of Carson Group and co-author of "Avalanche: The 9 Principles for Uncovering True Wealth." "Their net worth often presents opportunities when tax planning...

CORPORATE & FIDUCIARY NEWS 2019

China is considering tax breaks to attract more global funds to register in the country and reverse swelling outflows to international tax havens, people with knowledge of the matter said. The Ministry of Finance has enlisted a global accounting firm to conduct due diligence ahead of a potential feasibility study on a capital gains tax exemption, the people said, asking not to be identified discussing confidential information. The deliberations are at a preliminary stage, and there are regulatory hurdles that would need to be cleared first. Attracting international funds is a key part of President Xi Jinping’s push to build...

FUNDS & FUNDS SERVICES NEWS 2019

A. Introduction The House of Representatives is currently reviewing draft legislation which will introduce parts of the EU Anti-Tax Avoidance Directive (ATAD) into local law. The upcoming changes relate to the introduction of: interest deductibility limitations; Controlled Foreign Company (CFC) rules; and General Anti-Abuse Rules (GAAR). We aim to cover the rules relating to CFC and GAAR in our next newsletter. In addition to the above, it is expected that the final outstanding sections from the ATAD (i.e. exit taxation and intra-EU hybrid mismatches) will be transposed into local law later in the year and come into force from 2020...

CORPORATE & FIDUCIARY NEWS 2019

The legislation is being introduced in response to concerns expressed by the Council of the European Union (EU) about the absence of clear general legal substance requirements for entities doing business in and through the BVI. The legislation reinforces BVI’s commitment to meet the requirements imposed by the EU Code of Conduct Group on jurisdictions that currently appear on the EU’s “grey list” as a result of these concerns. Economic substance requirements The measures in the Act apply as from 1 January 2019 (with a six-month transitional period for existing legal entities). The requirements apply to all BVI companies and...

NEWS 2020

Incorporating in Hong Kong Hong Kong, as a major commercial, financial and international trade centre, has traditionally been a popular place for setting up an offshore holding company. Having a low tax rate on salaries, profits and real estate, no exchange controls, and no tax being charged on income derived from outside Hong Kong ads to its attractiveness, especially for trade companies and investors targeting the PRC and East Asia markets. When creating a holding vehicle in Hong Kong one must acquire a Business Registration certificate from the Inland Revenue Department, which should disclose the following: A local physical address...

NEWS 2020

Are you thinking of setting up an offshore company and using an offshore bank account for a wide range of advantages? Perhaps you are holding back on doing these things as you believe the costs outweigh the benefits. The answers to these are: Offshore companies still benefit from tax savings, confidentiality, asset protection, financing and growing your business into other parts of the world.  Opening an offshore company and an offshore account is becoming much more complicated, given the complexity of FATCA and OECD regulations. Most people think offshore companies have lost their status as safe alternatives to onshore companies, the authorities worldwide...

NEWS 2020

The last few years have seen a steady flow of Chinese businesses choosing to incorporate entities in the British Virgin Islands (BVI), and Chinese lawyers seeking knowledge on the uses and advantages of BVI structures for their clients' transactions. Ashley Davies, partner, corporate & finance Group, of Campbells, discusses what has perked the Chinese interest in the BVI. Over the last few decades, it is increasingly widely known that there has been a steady flow of Chinese businesses choosing to incorporate entities in the British Virgin Islands (BVI). And in tandem with the growing interest from Chinese enterprises looking to...

NEWS 2020