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Colombia: A Primer For Those Doing Business With or In The Local Market

Colombia: A Primer For Those Doing Business With or In The Local Market

Colombia is a beautiful country, known for its unique biodiversity, natural landscapes, and cultural richness. It is the fourth largest economy in Latin America, and frequently serves as a regional operations platform for South America, Central America, and the Caribbean. However, tax rules in the country can be problematic. Foreign entrepreneurs providing consulting, technical, management, or administration services to local residents or businesses are subject to withholding tax at rates between 20% and 33%. Foreign providers of streaming services, online ads, data management, and digital goods may be subject to a gross tax based on sales that is triggered by reason of having a significant economic presence in the country. Other foreign companies may trip into worldwide tax exposure if Colombia is viewed to be the effective place of management of the company. The threshold for this risk is low as the risk potentially exists from short-term presence in Colombia by executives or employees. Finally, the standard under which an individual is viewed to be tax resident is not straightforward. In his article, Eric Thompson, a partner of attorneys Cañón Thompson, Bogota, identifies the various areas of risk and cautions that companies trading with Colombia or individuals who move to Colombia require careful advance planning.

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The Evolution of Tax Enforcement in Switzerland

The Evolution of Tax Enforcement in Switzerland

As in the rest of Europe, Swiss tax authorities have ramped up examinations of cross border transactions of Swiss residents and cooperation with tax authorities in other countries. Examinations of Swiss residents focus on the abuse of offshore structures and increases in the number of tax examinations and aggressiveness of tax authorities. Regarding Swiss holding companies owned by nonresidents, Switzerland now has an active exchange of information program that provides administrative assistance within the framework of the more than 100 double tax treaties. Thierry Boitelle, the Founding Member of Boitelle Tax Sàrl, in Geneva, and his colleagues Sarah Meriguet and Marine Antunes, Senior Associates at the firm, explain all.

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India – Guidelines Issued for Determining Place of Effective Management

India – Guidelines Issued for Determining Place of Effective Management

In Circular No. 6/2017, dated January 24, 2017, the Central Board of Direct Taxes issued final guidelines regarding the factors that will be looked to under Indian income tax treaties when determining the place of effective management (“P.O.E.M.”) of a foreign company that is part of an Indian-based group.  Almost as important as the substantive rules, the Circular establishes the procedure that must be followed before a tax officer may determine that the P.O.E.M. of a foreign company is in India.  There are winners and there are losers in the Circular.  Ashutosh Dixit, Parul Jain, and Kaushik Saranjame of BMR & Associates L.L.P. explain the new rules.

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India Announces Ambitious Budget for 2015-16

The Indian Finance Minister presented the Budget for 2015-16 and the Finance Bill, 2015 in Parliament on February 28, 2015. The budget statement is indicative that the Indian Government is making a sincere attempt to establish a non-adversarial, stable, certain, and simplified tax regime, conducive to encouraging investment, including foreign investment. Guest contributor Jairaj Purandare of JPM Avisors Pvt Ltd, in Mumbai, India, provides a comprehensive assessment of the provisions, including policy announcements and proposed amendments to the tax law.

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