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German Law Against Tax Evasion Proves Futile,
by Ulrika Lomas, Tax-News.com, Brussels
Monday, January 11, 2010
Germany’s new and highly controversial law against tax evasion has virtually
been overridden by events: the Finance Ministry has revealed that it is simply
unable to identify any jurisdiction that fulfils the conditions required for its
application.
The law, containing severe sanctions for anyone with links to so-called “tax
havens,” was adopted by the previous grand coalition government, and entered
into force in Germany at the end of September last year.
Since then, finance officials have been unable to apply the law, as the Organization
for Economic Cooperation and Development’s (OECD) “black list”
of countries deemed uncooperative in tax matters simply no longer exists. The
law therefore remains merely a threat – for the time being at least.
Bowing to increasing international pressure in the wake of the global financial
crisis, those countries that had initially been placed on the OECD’s infamous
black list, have now agreed to cooperate fully in tax matters, and to adhere
to the OECD standards on information exchange.
However, given that certain jurisdictions remain on the OECD’s “grey
list” of countries who have officially agreed to cooperate in take matters
in order to combat tax evasion, although have failed to take action in this
respect, Germany's political opposition are eager to maintain the law. The Finance Ministry
is considering possible future amendments.
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