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Asian Finance Centres Benefit From EU Savings Tax Directive
by Ulrika Lomas, Tax-News.com, Brussels

04 July 2005

The EU's latest effort to crackdown on tax evasion among its citizens is thought to be a major factor behind a substantial increase in money flows to areas where the directive cannot reach, most notably Asian financial centres, and particularly Singapore, Hong Kong and Dubai.

"We know that some of the banks in the countries with which we have passed agreements have already flown to Singapore or Hong Kong and created some activities there. That is very clear," stated the European Commission's head of tax policy, Michel Aujean, according to Agence France-Presse.

According to the Bank of International Settlements, Singapore's total foreign deposits doubled last year to reach $157 billion.

Under the new European legislation, banks throughout the EU (and in Switzerland, the Channel Islands, Isle of Man and other territories) will be required to deduct a withholding tax initially at 15% from overseas residents' bank interest - unless with the depositor's prior consent, they notify the home tax authorities of the depositor's identity.

Aujean conceded however, that the directive is by no means watertight and opportunities are likely to be found to circumvent the new rules, precluding the need for investors to seek new, more tax friendly locations to park their money.

"It's true that this text and the equivalent agreements (with non-EU members) will leave room for a certain number of possibilities and the banks are thinking about ways of using these possibilities," he noted.

One of the most obvious 'loopholes', as many describe it, is the fact that the provisions of the directive apply to individuals, but not to companies or trusts, and industry watchers believe that many investors and account holders will simply choose to hold their assets in company form.

Moreover, so far, the directive only covers interest income generated from bank accounts, bond coupon payments and mutual funds holding more than 40% of their portfolio in debt securities. It leaves other forms of investment income, such as those from stock dividends and other securities, untouched.

The European Union is due to review the performance of the new legislation in three years time. However, Aujean hinted that changes may come a lot sooner if it is felt by the EU that the new rules are failing to prevent tax evasion.

"I feel we're going to have to be quicker than that," he told reporters last week.

A comprehensive report in our Intelligence Report series examining offshore confidentiality is available in the Lowtax Library at http://www.lowtaxlibrary.com/asp/subs_reports.asp and a description of the report can be seen at http://www.lowtaxlibrary.com/asp/description_report1.asp

 


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