Essential Annual Intelligence and Insight from the World's Leading International Finance Centres
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IFCWorld 2016 ESSENTIAL ANNUAL INTELLIGENCE AND INSIGHT FROM THE WORLD'S LEADING INTERNATIONAL FINANCE CENTRES in association with NEWS RESEARCH EVENTS WEALTH AWARDS CAREERS WEALTHBRIEFING - ALWAYS AT THE CENTRE OF YOUR 360° VIEW ON THE WEALTH MANAGEMENT LANDSCAPE With 60,000 global subscribers, WealthBriefing is the world’s largest subscription news and thought-leadership network for the wealth management sector Register for a free trial www.wealthbriefing.com ESSENTIAL ANNUAL INTELLIGENCE AND INSIGHT FROM THE WORLD’S LEADING INTERNATIONAL FINANCE CENTRES Welcome to IFC World 2016. We are very proud to publish this first edition of our yearbook of the offshore world which looks at the place that international financial centres occupy in relation to one another, the ways in which they relate to, and are coping with, the latest important trends and the prospects that they have for survival and prosperity, both singly and together. In this comprehensive annual, we draw on the expertise of some of the foremost authorities on the offshore world and also on our suite of publications: WealthBriefing, WealthBriefingAsia, Family Wealth Report, Compliance Matters and Offshore Red. The earlier sections of this edition contain insights from the leaders in the field, while the latter part contains a directory of the world of international financial centres. We hope that you will find the result informative and of lasting value. Stephen Harris Chief Executive Officer ClearView Financial Media PUBLISHED BY: ClearView Financial Media Ltd Heathman’s House 19 Heathman’s Road London, SW6 4TJ United Kingdom Tel: +44(0) 207 148 0188 www.clearviewpublishing.com © 2016 ClearView Financial Media Ltd publishers of WealthBriefing, WealthBriefingAsia, Family Wealth Report, Compliance Matters and Offshore Red. All rights reserved. No part of this publication may be reproduced in any form or by any means, electronic, photocopy, information retrieval system, or otherwise, without written permission from the publishers. CONTENTS INTERNATIONAL VIEW 7 VIEWS FROM THE JURISDICTIONS Bahamas 25 Barbados 29 Cyprus 31 Dubai 35 Gibraltar 39 Guernsey 45 Isle of Man 51 Jersey 55 Malta 59 Portugal 69 Seychelles 73 Singapore 75 United Kingdom 77 Vanuatu 79 JURISDICTIONS IN PROFILE 83 INTERNATIONAL VIEW: KEYNOTE ARTICLES THE CHANGING WORLD OF OFFSHORE CENTRES * by Philip Marcovici The world is quickly moving towards transparency, wealth-owners who maintain companies, trusts corporate service-providers and others, distracted particularly in the area of taxation. The common and other structures and relationships there? by easy revenues in the present, also failed to take reporting standards and automatic information the lead. exchange, the US Foreign Account Tax Compliance It seems evident that not all offshore centres will Act, corporate reporting under the Organisation for survive, and this is probably a good thing. Others, “The need for a level playing-field” was one of sev- Economic Co-operation and Development’s base however, will not only survive but thrive. What will eral mantras: “we will change when others change erosion and profit shifting project (BEPS), benefi- it take for an offshore centre to do well under the as well – the US has limited liability companies cial ownership registers and much more are quickly new world order? And what is a mid-shore financial and little information exchange – let them change falling into place. The road towards transparen- centre? first.” As it is now clear, there is no level playing cy is far from a smooth one but the direction is field, and never will be. This was always obvious clear and the future of many offshore centres is in THE FAILINGS OF OFFSHORE CENTRES AND and anyone who thought otherwise was simply serious jeopardy. OF THE WEALTH MANAGEMENT INDUSTRY misguided. Offshore centres had a chance to lead the world towards tax transparency and other Some might say that it is not very constructive to forms of transparency – to develop strategies and apportion blame for the problems that offshore fi- base them on knowledge and training, and to focus nancial centres are facing but there is nonetheless on negotiating arrangements with other countries The file drawers of blame to apportion, if only because one has to iden- proactively, giving the onshore countries more than tify the mistakes that have led us to this point if they were asking for at a time when those offshore advisors will be wide those mistakes are not to continue. People who gov- centres still had some collateral with which to ern offshore centres have to stop making decisions negotiate. Today, they have none. open to the scrutiny according to what the financial industry says. A suc- cessful government listens to the financial services of tax authorities industry and its views and takes these views into account when forming its strategy, but it is simply wrong for it to allow well-established and perhaps Not all offshore declining special interests, with their focus on short What do we mean by ‘transparency’? In broad term profits, to dictate strategy. Again and again, centres will survive, terms, the word describes a world in which it is over and over, offshore centres have allowed the not enough for multinational businesses to pay financial services industry to determine their fate. and this is probably advisors to analyse tax laws and decide what those businesses ought to disclose to various tax Years of abuse of bank secrecy and other privacy a good thing authorities. Instead, reforms that are underway regimes by the offshore corporate services industry, at the moment are designed to place far more in- banks, trust companies and others have now led to formation in the hands of governments than they a regime change, and one that is being dictated by need for the narrow purpose of enforcing their tax the onshore governments whose tax and legal sys- OFFSHORE VS MID-SHORE – CAN THE laws. These reforms, and the ones to come after tems have been shown to have been compromised OFFSHORE WORLD SURVIVE? them, will afford governments a very clear view of on an industrial scale. Had the offshore world taken structures and strategies that they can only, at the charge of the global problem of undeclared money ‘Mid-shore’ financial centres are those whose tax moment, uncover through complex investigations. and of the other regulatory failings of the industry, laws make them attractive as places in which to In the near future, the file drawers of advisors will we would be in a very different situation. Instead, establish corporate structures, trusts, and other ve- be wide open to the scrutiny of tax authorities and the leaders of those offshore centres not only lis- hicles while also offering the advantages of being other government agencies. They will receive the tened to legacy players and the other venerable in onshore locations. An effective mid-shore juris- information automatically. special interests, but allowed them to fashion their diction has infrastructure and human resources in a strategies for the future – and in most cases, these broad range of areas and benefits from having long Will all existing offshore centres survive? Is there have proven to be ineffective. embraced information exchange and effective tax room for new offshore centres to establish them- treaties that reduce or eliminate withholding taxes. selves in the market or to diversify and offer new On their own, or together with other financial Mid-shore jurisdictions are part of our world, not products and services that have brought past suc- centres, or as part of a wealth management indus- outside of it, and offer their users bi-lateral and cess to their competitors? Or is being an offshore try-wide initiative, offshore centres had, over the multi-lateral investment protection agreements centre a dying business, with onshore centres and, last years, many opportunities to lead the world and more. perhaps, jurisdictions that are evolving into useful in tackling problems that should have been obvi- ‘mid-shore’ centres becoming more relevant in the ous to them. How can privacy be maintained as a Places like Singapore and Hong Kong are good ex- new, transparent world that is taking shape? human right while ensuring that the people who amples of mid-shore centres. They have a top-rate use offshore centres are not misusing them to infrastructure that can support the kind of struc- An article in the Guardian in December 2015 was break the laws of their home countries (or of other tures that suit a transparent world. Their tax rates entitled The Fall of Jersey: How a Tax Haven Goes countries) through tax evasion and in other ways? are reasonable and in some cases do not apply Bust – are we going to see more articles like these Instead of leading the world on these issues, off- at all (such as the tax-free treatment of non-lo- as the budgets of offshore jurisdictions come un- shore financial centres took the line of least re- cally-sourced income in those two jurisdictions). der pressure? If a well-run and reputable finan- sistance – they left it to others to take the lead They have a wide network of tax and investment cial centre like Jersey is suffering, what of more on strategy, doing nothing to change their clearly protection agreements and more. Luxembourg has marginal players, and of the risks that the failure unsustainable business practices. The users of off- long been strategic in developing products and of an offshore centre bring to the businesses and shore financial centres – trust companies, banks, services for specific elements of the investment IFC WORLD 2016 8 industry, all through good collaboration between its Offshore centres have much to learn here. One Compliance people can help offshore centres ne- government and the private sector.