Global Forum on Transparency and Exchange of Information for Tax Purposes

Last updated
Global Forum on Transparency and Exchange of Information for Tax Purposes
Predecessor 1996 G7 Lyon Summit: tackling harmful tax practices and tax havens
Formation2000
TypeInternational Economic Treaty Organization
PurposeMultilateral framework within which work in the area transparency and exchange of information has been carried out by both OECD and non-OECD economies
Membership
157 member jurisdictions and the European Union, with 19 observers
Chair [1]
Maria-José Garde
Chair of PEER Review group
Huey Min Chia-Tern
Head of the Global Forum Secretariat
Manatta Zayda
Key people
François d'Aubert (past Chair)
Parent organization
OECD
Budget
€3.9 million (2013)
Revenue
fixed annual fee of €15,300 per member and a progressive fee determined by scale in accordance with jurisdictions’ Gross National Product. [1]
Staff
27 [1]
Website www.oecd.org/tax/transparency/

The Global Forum on Transparency and Exchange of Information for Tax Purposes was founded in 2000 and restructured in September 2009. It consists of OECD member countries as well as other jurisdictions that have agreed to implement tax related transparency and information exchange. [2] The forum works under the auspices of the OECD and G20. Its mission is to "implement the international standard through two phases of peer review process". [1] It addresses tax evasion, tax havens, offshore financial centres, tax information exchange agreements, double taxation and money laundering.

Contents

In 2000, the Forum published a blacklist of 35 tax havens, which by 2009 had shrunk to zero. It has since focused on increasing the standard for exchange of information. As of December 2021, the Forum had 163 member tax jurisdictions and the European Union, all on equal footing. [3]

Activities

The Forum promotes the implementation of two internationally agreed standards on exchange of information for tax purposes: the standard on Exchange of Information on Request (EOIR) and the standard on Automatic Exchange of Information (AEOI). Members commit to at least implement EOIR. [4]

Exchange of Information on Request

The Forum ensures compliance with EOIR through an intense peer review process, the forum's main activity since 2009, which is carried out by its Peer Review Group composed of 30 members representative of the diversity of the Forum, and is currently chaired by Singapore. [5]

The review focuses on three main parts, divided into ten elements: Ownership and identity information (A.1); Accounting records (A.2); Banking Information (A.3); Access to Information (B.1); Compatibility of Rights and Safeguards (B.2); Effective mechanisms for EOIR (C.1); Network of EOIR partners (C.2); Confidentiality (C.3); Respect of Rights and Safeguards (C.4); Quality and Timeliness (C.5). Every element is evaluated with regards to the legal and regulatory framework (Phase 1) but also its effective implementation (Phase 2). The output of the peer review is a report in which a rating (Compliant; Largely Compliant; Partially Compliant; Non-compliant) is attributed to each element, alongside an overall rating. The draft report is discussed and approved by the Peer Review Group, and adopted by all Forum members. Where areas of weakness are identified during the review, reports include recommendations setting out improvements jurisdictions need to make in order to reach the international standard. The peer review reports are published and made publicly available.

A first round of reviews was conducted for all member jurisdictions and jurisdictions relevant to the work of the Forum, and ended in 2016. Then, the 2010 Terms of Reference used to conduct the reviews were strengthened to integrate new principles, such as the availability of beneficial ownership information, and became the 2016 Terms of Reference. The Forum is currently in the middle of its second round of reviews.

Since 2009 it has classified tax havens into a "blacklist" of non-committers and a "graylist" (or "greylist") of non-implementers of the request-based "internationally agreed tax standard". The terms blacklist and graylist are not used by the Forum but by news services like Reuters, [6] the BBC [7] and the Congressional Research Service. [8] :6

Automatic Exchange of Information

In 2014, the Global Forum adopted the Standard for Automatic Exchange of Financial Account Information in Tax Matters (the AEOI Standard), developed by the OECD working with G20 countries. The AEOI Standard requires financial institutions to automatically disclose information on financial accounts they maintain for non-residents to their tax authorities under the globally-agreed Common Reporting Standard (CRS), who in turn exchange this information with the tax authorities of the account holders’ country of residence.

To be able to exchange information under the AEOI Standard, jurisdictions are asked to:

To deliver a level playing field, the Global Forum launched a commitment process under which 100 jurisdictions committed to implement the AEOI Standard and exchanges commenced accordingly in 2017. In 2018, a total of 93 jurisdictions exchanged information under the AEOI Standard. For 2019, a total of 102 jurisdictions are committed to undertake exchanges under the AEOI Standard.

Budget

The 2009 estimate of a budget was 2.9 million. It was raised by a flat fee of 15000 euros for each of the members plus a fee based on the overall GNP with an abatement of 450 USD/inhabitant. [9]

History

Precursors

In April 1998 an OECD report acknowledged that tax havens erode the tax base of other countries and undermine the fairness of tax systems, diminishing global welfare. [10] It noted that tax havens were expanding at an exponential rate. The report focused on tax havens in the Caribbean who were not OECD members, and the OECD was thus criticized for not addressing tax havens who were its members. A second report in 2000 included a blacklist of 35 secrecy jurisdictions - all outside the OECD - and a threat of defensive measures against them, with backing from the United States under the Clinton administration.[ citation needed ]

Creation (2000) and first years

In 2000, the Global Forum was created with 32 members. Efforts to move against tax evasion in tax havens were quickly "bogged down in arcane haggling", including by a working group between tax havens and the OECD set up at the suggestion of the Commonwealth. In the United States, The Heritage Foundation criticized the move as a European effort to limit competition among tax jurisdictions. The new U.S. administration of George Bush and his first treasury secretary Paul O'Neill stated in May 2001 that the OECD's efforts were "not in line with the administration's priorities". The OECD gave in and announced it had no intention to pursue "defensive measures" against tax havens. [11] :149–150,160–162

After the September 11, 2001, attacks the United States wanted better cooperation from tax havens on terrorist financing, but was reluctant to tackle tax evasion forcefully. Since the two practices are very similar, the United States only asked the OECD to require tax havens to provide information on request under very narrow conditions, which became the OECD's model for information on tax exchange. As a result, for example Jersey, an important tax haven, provided information to the United States in only five or six cases over a period of seven years. [11] :167–168

Stepping-up of efforts after the financial crisis of 2007-08

Leaders of the G-20 countries at the London Summit in 2009 2009 G-20 London Summit - 4342568178.jpg
Leaders of the G-20 countries at the London Summit in 2009

The activities against tax havens were only expanded after the financial crisis of 2007-08. At the April 2009 G-20 London summit tax havens were divided into a "blacklist" of non-committers and a "graylist" of non-implementers, based on compliance with the request-based "internationally agreed tax standard". [12] The actual list included three categories:

  1. 40 countries and territories substantially implemented the standard
  2. 38 countries and territories committed to but had not yet substantially implemented the standard
  3. 4 countries had not committed to the standard.

The list of non-implementers initially included, among others, Austria, Belgium, Luxembourg and Switzerland. The list of non-committed included Costa Rica, Malaysia, the Philippines and Uruguay. [13] Within five days Costa Rica, Malaysia, the Philippines and Uruguay made "a full commitment to exchange information to the OECD standards" and were removed from the "blacklist" which was thus empty. [14] Panama was ‘white listed’ because it signed a tax information exchange agreement (TIEA) with France. The British Virgin Islands and the Cayman Islands were white listed by August 2009. [15] No G-20 country was on the greylist of non-implementers, prompting Luxembourg Prime Minister Jean-Claude Juncker to criticise it for failing to include various states of the USA which provide incorporation infrastructure indistinguishable from the tax havens on the G-20 blacklist. [16] Der Spiegel called the list "The World's Shortest Blacklist" and "the Fight against Tax Havens Is a Sham". [17]

At a meeting in Mexico in September 2009, the Global Forum was restructured and received its own Secretariat. The main decisions were:

Expansion of exchange of information

In March 2010, international efforts were stepped up when the U.S. Congress passed the Foreign Account Tax Compliance Act (FATCA) which forces foreign financial firms to disclose their American clients.[ citation needed ] Also in 2010, the 1988 Convention on Mutual Administrative Assistance in Tax Matters was amended to include automated exchange of tax information, a key instrument in fighting tax evasion, and expanding it to developing countries. [18] In 2013, a working group was formed to promote the automated exchange of tax information.[ citation needed ]

In July 2014, the Forum published standards for Automatic Exchange of Financial Account Information, commonly known as the Common Reporting Standard (CRS). [19]

By November 2015, more than 90 members have committed to go beyond Exchange of Information on Request and to implement Automatic Exchange of Information. An international framework agreement, the Common Reporting Standard Multilateral Competent Authority Agreement (CRS MCAA), specifies the details of what information will be exchanged and when. Since the agreement is a framework agreement, it only comes into effect for each signatory after it has confirmed that it has undertaken certain steps such as passing national legislation. [20] By 2023, more than 120 countries had made commitments to adopt the rules. [21]

In 2018, the OECD has published Model Mandatory Disclosure Rules for CRS Avoidance Arrangements and Opaque Offshore Structures. [22] These rules require intermediaries, like tax advisors, law firms and others to report to their domestic tax authority if they advise on ways to circumvent reporting under the CRS. As of January 2023, 17 jurisdictions have committed to implementing these rules, [23] although all 27 EU Member States and the UK have already implemented these rules as part of an amendment to the Directive on Administrative Co-Operation.

In 2021, the OECD agreed an International Exchange Framework for information held by Digital Platforms. This requires digital platforms who are connect buyers and sellers involved in the rental of accommodation, rental of transportation, provision of personal services and (optionally) the sale of goods, to report information on sellers for exchange. 25 jurisdictions have committed to the adoption of these rules globally. [24]

In 2022, the OECD agreed the Crypto-Assets Reporting Framework for the exchange of information on transactions in cryptocurrencies and other digital assets. [25] No formal date for adoption has been agreed as at September 2023, although the EU has committed to a 2026 start date for its members.

.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
Member tax jurisdictions as of 2011
Interest in membership as of 2011 Global Forum on Tax transperency.png
  Member tax jurisdictions as of 2011
  Interest in membership as of 2011

Members and observers

Members

At its founding in 2000, the Forum had 32 member tax jurisdictions, and it had 90 members in September 2009. In November 2015, the Forum had 128 member tax jurisdictions and the European Union, and in November 2019 it had 158 members: [3]

Tax jurisdictions

Observers

As of November 2019 there are 19 observers

Compliance by country

The forum reviews compliance of its member tax jurisdictions separately for the two standards, the more limited exchange of information on request and the more comprehensive automated exchange of information.

More than 80 countries and territories were not (yet) members of the Global Forum as of November 2015 and are thus not included in the lists below. Notable non-members include Belarus and Serbia in Europe; Colombia and Venezuela in Latin America; Ethiopia, Algeria and many smaller countries in Africa; as well as Iran, Myanmar, North Korea and Vietnam in Asia. All important tax havens, however, are members of the Global Forum - the 30 countries topping the Financial Secrecy Index in 2013 were all members as of 2015.

Exchange of Information on Request

The Global Forum's peer review process examines both the legal and regulatory aspects of exchange (Phase 1 reviews) and the exchange of information in practice (Phase 2). The peer reviews cover only the limited exchange of information on request.

2013 Ratings

At its meeting in Jakarta in November 2013, the Global Forum assigned the ratings for the first 50 jurisdictions that had completed their Phase 1 and Phase 2 reviews. The Phase 1 review found that 14 countries and territories had gaps in their legal framework and were not allowed to move to Phase 2 unless they improved their legal framework. [26]

The ten countries and territories that were at the top of the Financial Secrecy Index 2013, an index established by the NGO Tax Justice Network and that also takes into account the size of the transactions in a tax haven, were categorized as follows: Lebanons and Switzerland had not completed Phase 1. Luxembourg was listed as Category D, Jersey as Category C, and the Cayman Islands, Germany, Hong Kong, Singapore as well as the United States were listed as Category B. Japan was the only country classified as one of the ten major tax havens by the Tax Justice Network that was listed in Category A.

The following jurisdictions are not eligible to move to Phase 2 review until they act on recommendations to improve their legal and regulatory framework:

Country/Region
Flag of Botswana.svg  Botswana
Flag of Brunei.svg  Brunei
Flag of Dominica.svg  Dominica
Flag of Guatemala.svg  Guatemala
Flag of Lebanon.svg  Lebanon
Flag of Liberia.svg  Liberia
Flag of the Marshall Islands.svg  Marshall Islands
Flag of Nauru.svg  Nauru
Flag of Niue.svg  Niue
Flag of Panama.svg  Panama
Flag of Switzerland (Pantone).svg   Switzerland
Flag of Trinidad and Tobago.svg  Trinidad and Tobago
Flag of the United Arab Emirates.svg  United Arab Emirates
Flag of Vanuatu.svg  Vanuatu

Among those countries that had created an adequate legal framework and thus had moved to Phase 2, four countries - including Luxembourg - were found to be non-compliant with their own legal framework (grade D). Two countries - Austria and Turkey - were only partially compliant (grade C). [26]

Country/RegionOverall Rating
Flag of Australia (converted).svg  Australia A - Compliant
Flag of Belgium (civil).svg  Belgium A - Compliant
Flag of Canada (Pantone).svg  Canada A - Compliant
Flag of the People's Republic of China.svg  China A - Compliant
Flag of Denmark.svg  Denmark A - Compliant
Flag of Finland.svg  Finland A - Compliant
Flag of France.svg  France A - Compliant
Flag of Iceland.svg  Iceland A - Compliant
Flag of India.svg  India A - Compliant
Flag of Ireland.svg  Ireland A - Compliant
Flag of the Isle of Man.svg  Isle of Man A - Compliant
Flag of Japan.svg  Japan A - Compliant
Flag of Korea (1899).svg  Korea A - Compliant
Flag of New Zealand.svg  New Zealand A - Compliant
Flag of Norway.svg  Norway A - Compliant
Flag of South Africa.svg  South Africa A - Compliant
Flag of Spain.svg  Spain A - Compliant
Flag of Sweden.svg  Sweden A - Compliant
Flag of Argentina.svg  Argentina B - Largely Compliant
Flag of the Bahamas.svg  Bahamas B - Largely Compliant
Flag of Bahrain.svg  Bahrain B - Largely Compliant
Flag of Bermuda.svg  Bermuda B - Largely Compliant
Flag of Brazil.svg  Brazil B - Largely Compliant
Flag of the Cayman Islands.svg  Cayman Islands B - Largely Compliant
Flag of Estonia.svg  Estonia B - Largely Compliant
Flag of Germany.svg  Germany B - Largely Compliant
Flag of Greece.svg  Greece B - Largely Compliant
Flag of Guernsey.svg  Guernsey B - Largely Compliant
Flag of Hong Kong.svg  Hong Kong B - Largely Compliant
Flag of Italy.svg  Italy B - Largely Compliant
Flag of Jamaica.svg  Jamaica B - Largely Compliant
Flag of Jersey.svg  Jersey B - Largely Compliant
Flag of Macau.svg  Macau B - Largely Compliant
Flag of Malta.svg  Malta B - Largely Compliant
Flag of Mauritius.svg  Mauritius B - Largely Compliant
Flag of Monaco.svg  Monaco B - Largely Compliant
Flag of the Netherlands.svg  Netherlands B - Largely Compliant
Flag of the Philippines.svg  Philippines B - Largely Compliant
Flag of Qatar.svg  Qatar B - Largely Compliant
Flag of San Marino.svg  San Marino B - Largely Compliant
Flag of Singapore.svg  Singapore B - Largely Compliant
Flag of the Turks and Caicos Islands.svg  Turks and Caicos Islands B - Largely Compliant
Flag of the United Kingdom.svg  United Kingdom B - Largely Compliant
Flag of the United States.svg  United States B - Largely Compliant
Flag of Austria.svg  Austria C - Partially Compliant
Flag of Turkey.svg  Turkey C - Partially Compliant
Flag of Cyprus.svg  Cyprus D - Non Compliant
Flag of Luxembourg.svg  Luxembourg D - Non Compliant
Flag of Seychelles.svg  Seychelles D - Non Compliant
Flag of the British Virgin Islands.svg  British Virgin Islands D - Non Compliant

2015 Ratings

As of October 31, 2015 the ratings were as follows: [27] 8 countries still had deficiencies in their legal framework. 25 countries, including Switzerland, had completed their legal framework (Phase 1 review), but had not yet had a Phase 2 review. Among the countries and territories that had passed a Phase 2 review, none was rated non-compliant (Grade D) any more. Nine countries were rated as only partially compliant (Grade C), still including Austria and Turkey.

The ten countries and territories that were at the top of the Financial Secrecy Index 2015, an index established by the NGO Tax Justice Network and that also takes into account the size of the transactions in a tax haven, were categorized as follows: Lebanon had not completed Phase 1. Switzerland and the UAE had completed Phase 1 and were awaiting Phase 2. Luxembourg and Jersey had moved up to Category B, along with the Cayman Islands, Germany, Hong Kong, Singapore as well as the United States. Bahrain, which had not been among the top ten tax havens in 2013, was also in Category B. Japan and Jersey had improved their transparency and were not any more among the ten most important tax havens, moving to number 12 and 16 respectively.

The following jurisdictions are not eligible to move to Phase 2 review until they act on recommendations to improve their legal and regulatory framework:

Country/Region
Flag of the Federated States of Micronesia.svg  Micronesia
Flag of Guatemala.svg  Guatemala
Flag of Kazakhstan.svg  Kazakhstan
Flag of Lebanon.svg  Lebanon
Flag of Liberia.svg  Liberia
Flag of Nauru.svg  Nauru
Flag of Trinidad and Tobago.svg  Trinidad and Tobago
Flag of Vanuatu.svg  Vanuatu

The following jurisdictions have completed the Phase 1 review, i.e. their legal framework had been reviewed and they were eligible to move to Phase 2:

Country/Region
Flag of Albania.svg  Albania
Flag of Azerbaijan.svg  Azerbaijan
Flag of Botswana.svg  Botswana
Flag of Brunei.svg  Brunei
Flag of Burkina Faso.svg  Burkina Faso
Flag of Cameroon.svg  Cameroon
Flag of Dominica.svg  Dominica
Flag of the Dominican Republic.svg  Dominican Republic
Flag of El Salvador.svg  El Salvador
Flag of Gabon.svg  Gabon
Flag of Georgia.svg  Georgia
Flag of Kenya.svg  Kenya
Flag of Lesotho.svg  Lesotho
Flag of the Marshall Islands.svg  Marshall Islands
Flag of Mauritania.svg  Mauritania
Flag of Morocco.svg  Morocco
Flag of Nigeria.svg  Nigeria
Flag of Niue.svg  Niue
Flag of Pakistan.svg  Pakistan
Flag of Panama.svg  Panama
Flag of Saudi Arabia.svg  Saudi Arabia
Flag of Senegal.svg  Senegal
Flag of Switzerland (Pantone).svg   Switzerland
Flag of Uganda.svg  Uganda
Flag of the United Arab Emirates.svg  United Arab Emirates

The following countries and territories had passed a Phase 2 review:

Country/RegionOverall Rating
Flag of Australia (converted).svg  Australia A - Compliant
Flag of Belgium (civil).svg  Belgium A - Compliant
Flag of Canada (Pantone).svg  Canada A - Compliant
Flag of the People's Republic of China.svg  China A - Compliant
Flag of Colombia.svg  Colombia A - Compliant
Flag of Denmark.svg  Denmark A - Compliant
Flag of Finland.svg  Finland A - Compliant
Flag of France.svg  France A - Compliant
Flag of Iceland.svg  Iceland A - Compliant
Flag of India.svg  India A - Compliant
Flag of Ireland.svg  Ireland A - Compliant
Flag of the Isle of Man.svg  Isle of Man A - Compliant
Flag of Japan.svg  Japan A - Compliant
Flag of Korea (1899).svg  Korea A - Compliant
Flag of Lithuania.svg  Lithuania A - Compliant
Flag of Mexico.svg  Mexico A - Compliant
Flag of New Zealand.svg  New Zealand A - Compliant
Flag of Norway.svg  Norway A - Compliant
Flag of Slovenia.svg  Slovenia A - Compliant
Flag of South Africa.svg  South Africa A - Compliant
Flag of Spain.svg  Spain A - Compliant
Flag of Sweden.svg  Sweden A - Compliant
Flag of Argentina.svg  Argentina B - Largely Compliant
Flag of the Bahamas.svg  Bahamas B - Largely Compliant
Flag of Bahrain.svg  Bahrain B - Largely Compliant
Flag of Belize.svg  Belize B - Largely Compliant
Flag of Bermuda.svg  Bermuda B - Largely Compliant
Flag of Brazil.svg  Brazil B - Largely Compliant
Flag of the British Virgin Islands.svg  British Virgin Islands D - Largely Compliant
Flag of the Cayman Islands.svg  Cayman Islands B - Largely Compliant
Flag of Chile.svg  Chile B - Largely Compliant
Flag of the Cook Islands.svg  Cook Islands B - Largely Compliant
Flag of Cyprus.svg  Cyprus D - Largely Compliant
Flag of the Czech Republic.svg  Czech Republic D - Largely Compliant
Flag of Estonia.svg  Estonia B - Largely Compliant
Flag of Germany.svg  Germany B - Largely Compliant
Flag of Greece.svg  Greece B - Largely Compliant
Flag of Grenada.svg  Grenada B - Largely Compliant
Flag of Guernsey.svg  Guernsey B - Largely Compliant
Flag of Hong Kong.svg  Hong Kong B - Largely Compliant
Flag of Hungary.svg  Hungary B - Largely Compliant
Flag of Italy.svg  Italy B - Largely Compliant
Flag of Jamaica.svg  Jamaica B - Largely Compliant
Flag of Jersey.svg  Jersey B - Largely Compliant
Flag of Latvia.svg  Latvia B - Largely Compliant
Flag of Liechtenstein.svg  Liechtenstein B - Largely Compliant
Flag of Luxembourg.svg  Luxembourg B - Largely Compliant
Flag of Macau.svg  Macau B - Largely Compliant
Flag of Malta.svg  Malta B - Largely Compliant
Flag of Mauritius.svg  Mauritius B - Largely Compliant
Flag of Monaco.svg  Monaco B - Largely Compliant
Flag of the Netherlands.svg  Netherlands B - Largely Compliant
Flag of the Philippines.svg  Philippines B - Largely Compliant
Flag of Poland.svg  Poland B - Largely Compliant
Flag of Portugal.svg  Portugal B - Largely Compliant
Flag of Qatar.svg  Qatar B - Largely Compliant
Flag of Russia.svg  Russia B - Largely Compliant
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis B - Largely Compliant
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines B - Largely Compliant
Flag of San Marino.svg  San Marino B - Largely Compliant
Flag of Seychelles.svg  Seychelles B - Largely Compliant
Flag of Singapore.svg  Singapore B - Largely Compliant
Flag of Slovakia.svg  Slovak Republic B - Largely Compliant
Flag of the Turks and Caicos Islands.svg  Turks and Caicos Islands B - Largely Compliant
Flag of the United Kingdom.svg  United Kingdom B - Largely Compliant
Flag of the United States.svg  United States B - Largely Compliant
Flag of Uruguay.svg  Uruguay B - Largely Compliant
Flag of Austria.svg  Austria C - Partially Compliant
Flag of Costa Rica.svg  Costa Rica C - Partially Compliant
Flag of Curacao.svg  Curacao C - Partially Compliant
Flag of Indonesia.svg  Indonesia C - Partially Compliant
Flag of Israel.svg  Israel C - Partially Compliant
Flag of Saint Lucia.svg  Saint Lucia C -Partially Compliant
Flag of Samoa.svg  Samoa C - Partially Compliant
Flag of Sint Maarten.svg  Sint Maarten C - Partially Compliant
Flag of Turkey.svg  Turkey C - Partially Compliant

2016 Ratings

The following jurisdictions have completed the Phase 1 review, i.e. their legal framework had been reviewed and they were eligible to move to Phase 2:

Country/Region
Flag of Croatia.svg  Croatia
Flag of Lebanon.svg  Lebanon
Flag of Liberia.svg  Liberia
Flag of Nauru.svg  Nauru
Flag of Peru.svg  Peru
Flag of Tunisia.svg  Tunisia
Flag of Ukraine.svg  Ukraine
Flag of Vanuatu.svg  Vanuatu

The following countries and territories had passed a Phase 2 review:

Country/RegionOverall Rating
Flag of Albania.svg  Albania B - Largely Compliant
Flag of Azerbaijan.svg  Azerbaijan B - Largely Compliant
Flag of Barbados.svg  Barbados B - Largely Compliant
Flag of Botswana.svg  Botswana B - Largely Compliant
Flag of Brunei.svg  Brunei Darussalam B - Largely Compliant
Flag of Burkina Faso.svg  Burkina Faso B - Largely Compliant
Flag of Cameroon.svg  Cameroon B - Largely Compliant
Flag of Dominica.svg  Dominica C - Partially Compliant
Flag of the Dominican Republic.svg  Dominican Republic C - Partially Compliant
Flag of El Salvador.svg  El Salvador B - Largely Compliant
Flag of Gabon.svg  Gabon B - Largely Compliant
Flag of Georgia.svg  Georgia B - Largely Compliant
Flag of Israel.svg  Israel B - Largely Compliant
Flag of Kenya.svg  Kenya B - Largely Compliant
Flag of Lesotho.svg  Lesotho B - Largely Compliant
Flag of the Marshall Islands.svg  Marshall Islands D - Non-Compliant
Flag of Mauritania.svg  Mauritania B - Largely Compliant
Flag of Morocco.svg  Morocco B - Largely Compliant
Flag of Nigeria.svg  Nigeria B - Largely Compliant
Flag of Niue.svg  Niue B - Largely Compliant
Flag of Pakistan.svg  Pakistan B - Largely Compliant
Flag of Panama.svg  Panama D - Not-Compliant
Flag of Romania.svg  Romania B - Largely Compliant
Flag of Saint Lucia.svg  Saint Lucia B - Largely Compliant
Flag of Saudi Arabia.svg  Saudi Arabia B - Largely Compliant
Flag of Senegal.svg  Senegal B - Largely Compliant
Flag of Switzerland (Pantone).svg   Switzerland B - Largely Compliant
Flag of Uganda.svg  Uganda B - Largely Compliant
Flag of the United Arab Emirates.svg  United Arab Emirates C - Partially Compliant

For the first time, a Combined review of both Phase 1 and Phase 2 was introduced as part of the review process :

Country/RegionOverall Rating
Flag of Bulgaria.svg  Bulgaria B - Largely Compliant

2017 Ratings

Starting 2017, the Global Forum started its second round of Reviews, assessing new members for the first time as well as the progress made by the jurisdictions that underwent a review in the first Round. The following jurisdictions have completed a Combined review of both Phase 1 (legal and regulatory framework) and Phase 2 (implementation)

Country/RegionOverall Rating
Flag of Australia (converted).svg  Australia B - Largely Compliant
Flag of Bermuda.svg  Bermuda B - Largely Compliant
Flag of Canada (Pantone).svg  Canada B - Largely Compliant
Flag of the Cayman Islands.svg  Cayman Islands B - Largely Compliant
Flag of Curacao.svg  Curacao C - Partially Compliant
Flag of Germany.svg  Germany B - Largely Compliant
Flag of India.svg  India B - Largely Compliant
Flag of Ireland.svg  Ireland B - Largely Compliant
Flag of the Isle of Man.svg  Isle of Man A - Compliant
Flag of Italy.svg  Italy A - Compliant
Flag of Jamaica.svg  Jamaica C - Partially Compliant
Flag of Jersey.svg  Jersey A - Compliant
Flag of Mauritius.svg  Mauritius A - Compliant
Flag of Norway.svg  Norway A - Compliant
Flag of Qatar.svg  Qatar B - Largely Compliant

2018 Ratings

The following jurisdictions have completed a Combined review of both Phase 1 (legal and regulatory framework) and Phase 2 (implementation)

Country/RegionOverall Rating
Flag of Aruba.svg  Aruba B - Largely Compliant
Flag of Austria.svg  Austria B - Largely Compliant
Flag of the Bahamas.svg  Bahamas B - Largely Compliant
Flag of Bahrain.svg  Bahrain A - Compliant
Flag of Belgium (civil).svg  Belgium B - Largely Compliant
Flag of Brazil.svg  Brazil B - Largely Compliant
Flag of Estonia.svg  Estonia A - Compliant
Flag of France.svg  France A - Compliant
Flag of Ghana.svg  Ghana C - Partially Compliant
Flag of Guernsey.svg  Guernsey A - Compliant
Flag of Hungary.svg  Hungary B - Largely Compliant
Flag of Indonesia.svg  Indonesia B - Largely Compliant
Flag of Jamaica.svg  Jamaica B - Largely Compliant
Flag of Japan.svg  Japan
Flag of Kazakhstan.svg  Kazakhstan C - Partially Compliant
Flag of Monaco.svg  Monaco A - Compliant
Flag of New Zealand.svg  New Zealand A - Compliant
Flag of the Philippines.svg  Philippines B - Largely Compliant
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis B - Largely Compliant
Flag of San Marino.svg  San Marino A - Compliant
Flag of Singapore.svg  Singapore A - Compliant
Flag of the United Kingdom.svg  United Kingdom B - Largely Compliant
Flag of the United States.svg  United States B - Largely Compliant

Automated Exchange of Information

As of September 2023, 120 countries have committed to adopting the Common Reporting Standard: [28]

JurisdictionCommitment to first exchangesPrimary legislationSecondary legislation
Flag of Albania.svg  Albania 2021
Flag of Andorra.svg  Andorra 2018
Flag of Anguilla.svg  Anguilla 2017
Flag of Antigua and Barbuda.svg  Antigua and Barbuda 2018
Flag of Argentina.svg  Argentina 2017
Flag of Armenia.svg  Armenia 2025
Flag of Aruba.svg  Aruba 2018
Flag of Australia (converted).svg  Australia 2018
Flag of Austria.svg  Austria 2018
Flag of Azerbaijan.svg  Azerbaijan 2018
Flag of the Bahamas.svg  Bahamas 2018
Flag of Bahrain.svg  Bahrain 2018
Flag of Barbados.svg  Barbados 2018
Flag of Belgium (civil).svg  Belgium 2017
Flag of Belize.svg  Belize 2018
Flag of Bermuda.svg  Bermuda 2017
Flag of Brazil.svg  Brazil 2018
Flag of the British Virgin Islands.svg  British Virgin Islands 2017
Flag of Brunei.svg  Brunei Darussalam 2018
Flag of Bulgaria.svg  Bulgaria 2017
Flag of Canada (Pantone).svg  Canada 2018
Flag of the Cayman Islands.svg  Cayman Islands 2017
Flag of Chile.svg  Chile 2018
Flag of the People's Republic of China.svg  China (People's Republic of) 2018
Flag of Colombia.svg  Colombia 2017
Flag of the Cook Islands.svg  Cook Islands 2018
Flag of Costa Rica.svg  Costa Rica 2018
Flag of Croatia.svg  Croatia 2017
Flag of Curacao.svg  Curaçao 2018
Flag of Cyprus.svg  Cyprus 2017
Flag of the Czech Republic.svg  Czech Republic 2017
Flag of Denmark.svg  Denmark 2017
Flag of Dominica.svg  Dominica 2018
Flag of Ecuador.svg  Ecuador 2021
Flag of Estonia.svg  Estonia 2017
Flag of the Faroe Islands.svg  Faroe Islands 2017
Flag of Finland.svg  Finland 2017
Flag of France.svg  France 2017
Flag of Georgia.svg  Georgia 2024
Flag of Germany.svg  Germany 2017
Flag of Ghana.svg  Ghana 2019
Flag of Gibraltar.svg  Gibraltar 2017
Flag of Greece.svg  Greece 2017
Flag of Greenland.svg  Greenland 2018
Flag of Grenada.svg  Grenada 2018
Flag of Guernsey.svg  Guernsey 2017
Flag of Hong Kong.svg  Hong Kong (China) 2018
Flag of Hungary.svg  Hungary 2017
Flag of Iceland.svg  Iceland 2017
Flag of India.svg  India 2017
Flag of Indonesia.svg  Indonesia 2018
Flag of Ireland.svg  Ireland 2017
Flag of the Isle of Man.svg  Isle of Man 2017
Flag of Israel.svg  Israel 2018
Flag of Italy.svg  Italy 2017
Flag of Jamaica.svg  Jamaica 2022
Flag of Japan.svg  Japan 2018
Flag of Jersey.svg  Jersey 2017
Flag of Jordan.svg  Jordan 2023
Flag of Kazakhstan.svg  Kazakhstan 2021
Flag of Kenya.svg  Kenya 2024
Flag of Korea (1899).svg  Korea 2017
Flag of Kuwait.svg  Kuwait 2019
Flag of Latvia.svg  Latvia 2017
Flag of Lebanon.svg  Lebanon 2018
Flag of Liechtenstein.svg  Liechtenstein 2017
Flag of Lithuania.svg  Lithuania 2017
Flag of Luxembourg.svg  Luxembourg 2017
Flag of Macau.svg  Macau (China) 2018
Flag of Malaysia.svg  Malaysia 2018
Flag of Maldives.svg  Maldives 2022
Flag of Malta.svg  Malta 2017
Flag of the Marshall Islands.svg  Marshall Islands 2018
Flag of Mauritius.svg  Mauritius 2018
Flag of Mexico.svg  Mexico 2017
Flag of Moldova.svg  Moldova 2024✔ and ✔
Flag of Monaco.svg  Monaco 2018
Flag of Mongolia.svg  Mongolia 2026
Flag of Montenegro.svg  Montenegro 2023
Flag of Montserrat.svg  Montserrat 2017
Flag of Morocco.svg  Morocco 2025
Flag of Nauru.svg  Nauru 2018
Flag of the Netherlands.svg  Netherlands 2017
Flag of New Zealand.svg  New Zealand 2018
Flag of Nigeria.svg  Nigeria 2020
Flag of Niue.svg  Niue 2018
Flag of Norway.svg  Norway 2017
Flag of Oman.svg  Oman 2020
Flag of Pakistan.svg  Pakistan 2018✔ and ✔
Flag of Panama.svg  Panama 2018
Flag of Peru.svg  Peru 2020
Flag of Poland.svg  Poland 2017
Flag of Portugal.svg  Portugal 2017
Flag of Qatar.svg  Qatar 2018
Flag of Romania.svg  Romania 2017
Flag of Russia.svg  Russian Federation 2018
Flag of Rwanda.svg  Rwanda 2025
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis 2018
Flag of Saint Lucia.svg  Saint Lucia 2018
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines 2018
Flag of Samoa.svg  Samoa 2018
Flag of San Marino.svg  San Marino 2017
Flag of Saudi Arabia.svg  Saudi Arabia 2018
Flag of Seychelles.svg  Seychelles 2017
Flag of Singapore.svg  Singapore 2018
Flag of Sint Maarten.svg  Sint Maarten 2018
Flag of Slovakia.svg  Slovak Republic 2017
Flag of Slovenia.svg  Slovenia 2017
Flag of South Africa.svg  South Africa 2017
Flag of Spain.svg  Spain 2017
Flag of Sweden.svg  Sweden 2017
Flag of Switzerland (Pantone).svg   Switzerland 2018
Flag of Thailand.svg  Thailand 2023
Flag of Trinidad and Tobago.svg  Trinidad and Tobago 2018
Flag of Tunisia.svg  Tunisia 2024
Flag of Turkey.svg  Turkey 2018
Flag of the Turks and Caicos Islands.svg  Turks and Caicos Islands 2017
Flag of Uganda.svg  Uganda 2023
Flag of Ukraine.svg  Ukraine 2024
Flag of the United Arab Emirates.svg  United Arab Emirates 2018
Flag of the United Kingdom.svg  United Kingdom 2017
Flag of Uruguay.svg  Uruguay 2018
Flag of Vanuatu.svg  Vanuatu 2018

See also

Related Research Articles

The economy of Gibraltar consists largely of the services sector. While part of the European Union until Brexit, the British overseas territory of Gibraltar has a separate legal jurisdiction from the United Kingdom and a different tax system. The role of the UK Ministry of Defence, which at one time was Gibraltar's main source of income, has declined, with today's economy mainly based on shipping, tourism, financial services, and the Internet.

The Financial Action Task Force (on Money Laundering) (FATF), also known by its French name, Groupe d'action financière (GAFI), is an intergovernmental organisation founded in 1989 on the initiative of the G7 to develop policies to combat money laundering and to maintain certain interest. In 2001, its mandate was expanded to include terrorism financing.

Offshore investment is the keeping of money in a jurisdiction other than one's country of residence. Offshore jurisdictions are used to pay less tax in many countries by large and small-scale investors. Poorly regulated offshore domiciles have served historically as havens for tax evasion, money laundering, or to conceal or protect illegally acquired money from law enforcement in the investor's country. However, the modern, well-regulated offshore centres allow legitimate investors to take advantage of higher rates of return or lower rates of tax on that return offered by operating via such domiciles. The advantage to offshore investment is that such operations are both legal and less costly than those offered in the investor's country—or "onshore".

In domestic and international commercial law, a beneficial owner is a natural person or persons who ultimately owns or controls an interest in a legal entity or arrangement, such as a company, a trust, or a foundation. Legal owners, commonly described as the "registered owners", may hold those interests as beneficial owners or for the benefit of someone else, in which case they may be described as a "nominee".

The Financial Action Task Force blacklist, is a blacklist maintained by the Financial Action Task Force.

Exchange of Information is an umbrella term which refers to international co-operation in the field of taxation through the exchange of information on taxpayers between tax authorities.

A tax haven is a term, sometimes used negatively and for political reasons, to describe a place with very low tax rates for non-domiciled investors, even if the official rates may be higher.

<span class="mw-page-title-main">Offshore financial centre</span> Corporate-focused tax havens

An offshore financial centre (OFC) is defined as a "country or jurisdiction that provides financial services to nonresidents on a scale that is incommensurate with the size and the financing of its domestic economy."

The Mauritius route is a channel used by foreign investors to invest in India. Mauritius is the main provider of foreign direct investment (FDI) to India and also the preferred jurisdiction for Indian outward investments into Africa. In fact 39.6% of FDI to India came from Mauritius between 2001 and 2011.

The Financial Secrecy Index (FSI) is a report published by the advocacy organization Tax Justice Network (TJN) which ranks countries by financial secrecy indicators, weighted by the economic flows of each country.

Financial services in Gibraltar refers to the services provided in the British Overseas Territory of Gibraltar by the finance industry: banks, investment banks, insurance companies, credit card companies, consumer finance companies, government-sponsored enterprises, and stock brokerages.

The Common Reporting Standard (CRS) is an information standard for the Automatic Exchange Of Information (AEOI) regarding financial accounts on a global level, between tax authorities, which the Organisation for Economic Co-operation and Development (OECD) developed in 2014.

<span class="mw-page-title-main">Base erosion and profit shifting</span> Multinational tax avoidance tools

Base erosion and profit shifting (BEPS) refers to corporate tax planning strategies used by multinationals to "shift" profits from higher-tax jurisdictions to lower-tax jurisdictions or no-tax locations where there is little or no economic activity, thus "eroding" the "tax-base" of the higher-tax jurisdictions using deductible payments such as interest or royalties. For the government, the tax base is a company's income or profit. Tax is levied as a percentage on this income/profit. When that income / profit is transferred to another country or tax haven, the tax base is eroded and the company does not pay taxes to the country that is generating the income. As a result, tax revenues are reduced and the government is detained. The Organisation for Economic Co-operation and Development (OECD) define BEPS strategies as "exploiting gaps and mismatches in tax rules". While some of the tactics are illegal, the majority are not. Because businesses that operate across borders can utilize BEPS to obtain a competitive edge over domestic businesses, it affects the righteousness and integrity of tax systems. Furthermore, it lessens deliberate compliance, when taxpayers notice multinationals legally avoiding corporate income taxes. Because developing nations rely more heavily on corporate income tax, they are disproportionately affected by BEPS.

The OECD G20 Base Erosion and Profit Shifting Project is an OECD/G20 project to set up an international framework to combat tax avoidance by multinational enterprises ("MNEs") using base erosion and profit shifting tools. The project, led by the OECD's Committee on Fiscal Affairs, began in 2013 with OECD and G20 countries, in a context of financial crisis and tax affairs. Currently, after the BEPS report has been delivered in 2015, the project is now in its implementation phase, 116 countries are involved including a majority of developing countries. During two years, the package was developed by participating members on an equal footing, as well as widespread consultations with jurisdictions and stakeholders, including business, academics and civil society. And since 2016, the OECD/G20 Inclusive Framework on BEPS provides for its 140 members a platform to work on an equal footing to tackle BEPS, including through peer review of the BEPS minimum standards, and monitoring of implementation of the BEPS package as a whole.

International tax planning also known as international tax structures or expanded worldwide planning (EWP), is an element of international taxation created to implement directives from several tax authorities following the 2008 worldwide recession.

The European Union tax haven blacklist, officially the EU list of non-cooperative tax jurisdictions, is a tool of the European Union (EU) that lists tax havens. It is used by the Member States to tackle external risks of tax abuse and unfair tax competition. It was adopted for the first time in 2017 as a response to tax avoidance in the EU, screening 92 countries. It is managed by the Code of Conduct Group for Business Taxation and monitored by the European Commission (EC). The most recent revision was released on 6 October 2020. The list is updated twice a year.

<span class="mw-page-title-main">Global minimum corporate tax rate</span> Proposed international tax scheme

The global minimum corporate tax rate, or simply the global minimum tax, is a minimum rate of tax on corporate income internationally agreed upon and accepted by individual jurisdictions. Each country would be eligible to a share of revenue generated by the tax. The aim is to reduce tax competition between countries and discourage multinational corporations (MNC) from profit shifting to achieve tax avoidance.

<span class="mw-page-title-main">Country-by-Country Reporting</span> Initiative against tax avoidance

Country-by-Country Reporting is an international initiative pioneered by the OECD. It establishes a reporting standard for multinational enterprises (MNEs) with total consolidated group revenues > EUR 750 million, containing key tax related information, including financial information and information on employees and non-cash tangible assets. Under the OECD rules, the information is to be exchanged between tax authorities of different countries. However, the EU adopted legislation to make the Country-by-Country Reporting publicly available, starting the year after 2024.

<span class="mw-page-title-main">Directive on Administrative Co-operation in the field of Taxation (2011/16)</span> EU tax and data collection

The Directive on Administrative Co-operation in the field of taxation is a Directive which sets rules for the Automatic Exchange of Information (AEOI) which apply to members of the European Union (EU).

The Crypto-Asset Reporting Framework is a global initiative led by the OECD Global Forum on Transparency and Exchange of Information for Tax Purposes which is intended to promoted the automatic exchange of information between countries to tackle emerging tax evasion risks related to cryptocurrency and digital assets.

References

  1. 1 2 3 4 "Tax Transparency 2013 Report on Progress" (PDF). Global Forum on Transparency and Exchange of Information for Tax Purposes. 2013. Archived from the original (PDF) on August 21, 2014. Retrieved 19 August 2014.
  2. "About the Global Forum". GFTEITP. n.d. Retrieved 21 November 2015.
  3. 1 2 "Global Forum Members". Global Forum on Transparency and Exchange of Information on Tax Purposes.
  4. "Exchange of Information on Request". OECD Global Forum on Transparency and Exchange of Information for Tax Purposes. n.d. Retrieved 7 May 2016.
  5. Peer Review Group
  6. "Four countries on OECD tax haven blacklist". Reuters. 2 April 2009. Retrieved 7 May 2016.
  7. "OECD names and shames tax havens". BBC. 3 April 2009. Retrieved 7 May 2016.
  8. Jane G. Gravelle (15 January 2015). "Tax Havens: International Tax Avoidance and Evasion" (PDF). Congressional Research Service. p. 60. Retrieved 7 May 2016.
  9. 1 2 "Summary of Outcomes of the Meeting of the Global Forum on Transparency and Exchange of Information for Tax Purposes Held in Mexico on 1 - 2 September 2009" (PDF). The Global Forum on Transparency and Exchange of Information for Tax Purposes. p. 6. Retrieved 19 August 2014.
  10. Harmful Tax Competition: An Emerging Global Issue (PDF). OECD. 1998. p. 82.
  11. 1 2 Shaxson, Nicholas (2011). Treasure Islands - Uncovering the Damage of Offshore Banking and Tax Havens. Palgrave Macmillan. ISBN   978-0-230-34172-2.
  12. Watt, Nicholas; Elliott, Larry; Borger, Julian; Black, Ian (April 2, 2009). "G20 declares door shut on tax havens". The Guardian.
  13. "A Progress Report on The Jurisdictions Surveyed by The OECD Global Forum in Implementing The Internationally Agreed Tax Standard" (PDF). OECD. 2 April 2009.
  14. BBC (2009-04-07). "OECD removes tax havens from list". BBC News. Retrieved 2009-04-07.
  15. Crispian Balmer (14 August 2009). "British Virgin Islands, Cayman on tax "white list"". Reuters. Retrieved 8 May 2016.
  16. Clark, Andrew (2009-04-10). "Welcome to tax-dodge city, USA". The Guardian. London. Retrieved 2009-04-14.
  17. Alexander Neubacher (11 April 2009). "The World's Shortest Blacklist: Why the Fight against Tax Havens Is a Sham". Der Spiegel. Retrieved 7 May 2016.
  18. "Convention on Mutual Administrative Assistance in Tax Matters". OECD. n.d. Retrieved 21 November 2015.
  19. Standard for Automatic Exchange of Financial Account Information in Tax Matters. OECD. 21 July 2014. doi:10.1787/9789264216525-en. ISBN   9789264216518 . Retrieved 7 May 2016.
  20. "Multilateral Competent Authority Agreement (MCAA)". GFTEITP. Retrieved 21 November 2015.
  21. "CRS status by jurisdiction".
  22. "Model Mandatory Disclosure Rules for CRS Avoidance Arrangements and Opaque Offshore Structures".
  23. "SIGNATORIES OF THE MULTILATERAL COMPETENT AUTHORITY AGREEMENT ON THE AUTOMATIC EXCHANGE REGARDING CRS AVOIDANCE ARRANGEMENTS AND OPAQUE OFFSHORE STRUCTURES" (PDF).
  24. "Commitments to adoption of Digital Platforms Information" (PDF).
  25. "Crypto-Assets Reporting Framework".
  26. 1 2 Global Forum: 2013 Annual Report Archived 2013-11-26 at the Wayback Machine
  27. "Summary of Compliance Ratings". GFTEITP. Retrieved 20 November 2015.
  28. "CRS status by juridiction".