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Europe Trade Specialists 

 

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Hong Kong appears on EU tax avoidance blacklist much to HK
Government's chagrin

 


HONG KONG is most upset at being named as one of the top 30 non co-operative jurisdictions by the European Commission because it is not doing enough to fight tax avoidance,

But Hong Kong says it has done its bit. It is a member in good standing of the Global Forum on Transparency and Exchange of Information for Tax Purposes (the Global Forum). It underwent a two-phase peer review by the Global Forum. Both Phase 1 and Phase 2 reviews (completed in 2011 and 2013 respectively) have duly recognised Hong Kong's commitment to meeting the international standard on tax transparency.

"Hong Kong has all along been supportive of international efforts to enhance tax transparency and combat tax evasion. We strongly disagree with any allegation that Hong Kong is a 'non-cooperative tax jurisdiction', which is totally unfounded," a Government spokesman said.

The blacklist of the world's 30 worst-offending tax havens includes Hong Kong, but not Luxembourg, the EU's high time tax avoidance hub.

There are the usual suspects, of course: Cayman Islands, British Virgin Islands and Guernsey - but other jurisdictions that are commonly labelled as offshore tax avoidance hubs were notably missing. Jersey and Switzerland, for example, were not named.

Within Europe, Monaco, Lichtenstein and Andorra made it onto the blacklist. The commission explained, however, that the list of 30 "non-cooperative jurisdictions" was designed only to assess non-EU members. As a result, the new register does not include countries such as the Netherlands, Ireland or Luxembourg - all of which are under investigation by the European competition authorities, suspected of offering "sweetheart" tax deals to multinationals.

The industrial scale on which Luxembourg - one of the richest per capita countries in the world - was facilitating the tax avoidance ploys of large corporations was laid bare last year in the LuxLeaks scandal.

Six of the 30 tax havens named by the commission were British overseas territories - Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Montserrat, and the Turks and Caicos Islands - but only one crown dependency, Guernsey, made the list. Twenty-one were small island economies, mostly in the Caribbean Sea, Pacific Ocean or Indian Ocean.

Each country on the blacklist had been suggested by at least 10 EU member states as problematic. The UK did not make any suggestions, nor did Germany.

Brussels hopes the list will help member states put pressure on commonly recognised pariah jurisdictions.

The register was announced alongside more substantive plans for reforming the way in which multinationals are taxed across the EU, a framework proposal known as the common consolidated corporate tax base, or CCCTB.

Pierre Moscovici, European commissioner with responsibility for tax, said: "Our current approach to corporate taxation no longer fits today's reality. We are using outdated tools and unilateral measures to respond to the challenges of a digitalised, globalised economy."

The CCCTB measure will look to harmonise corporate income tax rules among member states in a further effort to combat aggressive tax avoidance. As expected, Mr Moscovici conceded that - in the first instance at least - the controversial "consolidated" element of the tax reforms would have to be delayed.

His compromise plan seeks to find common ground for the tax treatment of multinationals, making it harder for corporations to build complex structures and transactions between member states that artificially depress tax liabilities.

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