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In the absence of a corporate taxation regime acceptable to the EU, he reaffirmed that the Bahamas would have to meet the 28-nation bloc's demands by introducing economic substance requirements. The EU's concerns in this regard relate to the possibility that multinational companies can exploit loopholes, and differences in tax regimes and rates between countries, to artificially shift profits, revenues and assets to low-tax jurisdictions such as the Bahamas despite having no physical presence - and conducting no real business - in this jurisdiction. Imposing such 'physical presence' requirements would eliminate these loopholes, and Mr Paton said: "I think we'll be looking at substantive economic presence in great detail between now and year-end to have something in place by December 31. "I think that clearly, on a technical level, I fully expect over the summer and going into the fall we'll be looking very closely at substantive economic presence requirements, and I expect to see changes that satisfy the EU at a technical level." And, addressing concerns over how legislative reforms will impact IBCs, Mr Paton said those employed in private wealth management and estate planning structures should not be impacted by any changes. He explained that as "private holdings companies", concerns relating to these IBCs 'economic substance' have already been addressed by the Bahamas signing on to the OECD's automatic tax information exchange initiative. "They're not looking for private banking or trust company IBCs," Mr Paton told Tribune Business of the EU. "What they're looking for in the private client space is automatic information exchange. "There should not be a concern that IBCs for private wealth, private banking business will be rendered irrelevant and impossible to use. That doesn't need to be the case, and isn't the case." Mr Paton said "the way forward has to be agreed" on IBCs in relation to 'ring fencing', but he emphasised that the private sector is "pushing" for the section in the Multinational Financial Entities Reporting Bill that deals with this - and allows the Minister of Finance to impose corporate taxation by regulation - to be "stripped out". He confirmed that the industry views the Bill as too complex because it attempts to address the EU's concerns and the OECD's Base Erosion and Profit Shifting (BEPS) initiative in one piece of legislation. As a result it is calling for the EU's 'ring fencing' fears, and the BEPS country-by-country financial reporting requirements, to be dealt with in two separate Bills. "That's the theme we're trying to push forward at the private sector level," Mr Paton confirmed. "Hopefully our input is put in and we'll prevail.
For the original version including any supplementary images or video, visit http://www.tribune242.com/news/2018/apr/11/corporate-tax-promise-not-concrete-for-eu/
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