Pearse Trust Blog



The Impact Of The Criminal Justice Act 2013 On Irish Anti-Money Laundering

Posted by Pearse Trust on Wednesday, Nov 26, 2014

 

The 2013 Act, which amended the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (the “2010 Act”), was introduced to allow Ireland to cooperate further with the recommendations of the Financial Action Task Force (“FATF”) and to incorporate the State’s experience in the area since the introduction of the 2010 Act.

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Tags: Ireland, Anti-Money Laundering

New Zealand Tax System Rated Second Most Competitive

Posted by Pearse Trust on Wednesday, Nov 19, 2014

 

The Tax Foundation recently published its international tax competitiveness index (“ITCI”) which has ranked New Zealand as having the second most competitive tax system out of 34 OECD countries.

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Tags: Tax, New Zealand

Update On 4th EU Money Laundering Directive

Posted by Pearse Trust on Wednesday, Nov 12, 2014

 

In our previous blog, on the EU 4th Money Laundering Directive it was noted that the European Commission had adopted proposals in the fight against money laundering, tax evasion and terrorist financing.

One of these proposals was a Directive on the prevention and use of the financial system for the purpose of money laundering and terrorist financing – the 4th AML Directive.

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Tags: Legal, EU, Anti-Money Laundering

UK Tax Competitiveness Review

Posted by Pearse Trust on Wednesday, Nov 05, 2014

 

The UK ‘Office of Tax Simplification (“OTS”) has recently published a review into the competitiveness of the UK’s tax administration.

The review involved the OTS speaking to a variety of interested parties including, amongst others, small and large businesses, tax advisors and various representative bodies.

Background

The brief behind this review was to examine how to improve the competitiveness of the UK’s tax administration, with particular regard to the 2014 World Bank’s ‘Paying Taxes’ report.

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Tags: Tax, uk

New Zealand’s 2014 General Election

Posted by Pearse Trust on Wednesday, Oct 29, 2014

 

Prime Minister John Key's National Party have won a third term, narrowly missing out on an unprecedented govern-alone victory. The re-elected national Government has pledged to return to surplus this financial year and stay there in order to reduce debt, lower ACC levies and start modestly reducing income taxes.

Voting System

New Zealand uses the Mixed Member Proportional (“MMP”) voting system, giving voters two votes; one for a political party and one for their local electorate MP. The party vote decides how many seats each party gets in the new Parliament; a party is entitled to a share of the seats if it receives 5% of the party vote or wins an electorate.

The central-right National Party won 47% of the vote, giving the party 60 of the 121 available parliamentary seats.

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Tags: Tax, New Zealand

Budget 2015 Reinforces Ireland As An Attractive Location For Business

Posted by Pearse Trust on Wednesday, Oct 22, 2014

On 14 October 2014, the Minister for Finance Michael Noonan, delivered Ireland’s Budget for 2015. As part of the Budget package, the Minister also published a Road Mapto secure Ireland’s place as the destination for the best and most successful companies in the world”.

The favourable provisions introduced in the Budget increase the attractiveness of Ireland as a location to carry on business and also improve the transparency of Ireland’s tax regime.

A summary of the advantageous measures incorporated in the Budget are as follows:

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Tags: Ireland, Tax

Utilising Holding Companies For Intellectual Property

Posted by Pearse Trust on Wednesday, Oct 15, 2014

Intellectual Property (“IP”) can be one of the most valuable business assets that a company may have and it is therefore crucial to ensure that this asset is protected and utilised. One way of achieving this is through the use of corporate structures, such as a holding company. A holding company may significantly reduce administrative costs and, in some jurisdictions, reap considerable tax benefits.

Placing intellectual property in a holding is a practice exercised around the globe by various prudent parties ranging from tax professionals to famous musicians, car manufacturers and film production companies.

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Tags: Holding Companies, Intellectual Property

Canada Challenges FATCA

Posted by Pearse Trust on Wednesday, Oct 08, 2014

In what appears to be the first challenge to the US Foreign Account Tax Compliance Act (“FATCA”), lawyers for Gwen Deegan of Toronto and Virginia Hillis of Windsor, Ontario say that FATCA exposes their clients 'to a deprivation of their liberty and security of the persons', in violation of Canadian Constitutional rights. FATCA applies to all “US persons”, which in itself is an expansive test and captures many groups of people that may not even realise they are “US persons".

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Tags: Legal, Tax, Canada, USA

The OECD Implements New Country-By-Country Reporting

Posted by Pearse Trust on Wednesday, Oct 01, 2014

 

The Organisation for Economic Co-Operation and Development (the “OECD”) has introduced new country-by-country reporting recommendations which provide for multinationals to disclose a breakdown of all countries in which their profits are made, where their taxes are paid and whether they are shifted elsewhere.

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Tags: Legal, United Kingdom, Tax, EU

Creditors & Their Powers: Part II

Posted by Pearse Trust on Wednesday, Sep 24, 2014

In our previous blog ‘Creditors and their Powers: An Introduction’, we established some of the facts about creditors and looked at their involvement in High Court Liquidations, Creditors Voluntary Liquidation and also their powers to appoint receivers or examiners. This blog will examine further situations where creditors can exercise their powers in respect of debts owed to them.

Creditors’ Powers To Seek Court Judgments & Where Default Exists

Creditors have the power to seek a Court Judgment against a company if they fail to pay a debt owing to the creditor. This judgment may be enforced by registration in the High Court or collection by the Sheriff.

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Tags: Ireland, Legal, Finance