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498 Indians named in tax haven scoop: British Virgin Islands, the Cook Islands and Singapore -- ICIJ

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Press Trust of India  |  New Delhi  April 6, 2013 Last Updated at 17:00 IST

Govt has initiated probe against expose made by global org: FM

A worldwide media expose is claimed to have unearthed details of 2.5 lakh individuals and entities from more than 170 countries, including India
Finance Minister P Chidambaram today said an inquiry has been initiated against the individuals whose names appeared in a global report on the monies stashed in tax heaven.

"Yes. We have taken note of the names and inquiries have been put in motion in respect of the names that have been exposed", he said when asked whether the government has taken any action with regard to expose in connection with bank accounts in tax havens.

A worldwide media expose is claimed to have unearthed details of 2.5 lakh individuals and entities from more than 170 countries, including India, that evaded taxes by setting up companies in tax havens.

The International Consortium of Investigative Journalists (), a body of newspersons from across the world, has reportedly found a trove of 2.5 million digital files, detailing "secrets of more than 1,20,000 offshore companies and trusts and nearly 1,30,000 individuals and agents".

On the sting operations carried out by Cobrapost alleging money laundering by some officials of  and HDFC Bank, Chidambaram said the Reserve Bank is seriously looking into the issue and stern action will be taken by the government if any violation of tax law was found.

"RBI is seriously looking into the matter", he said, adding, "my officers have taken a look at ... Sting. They have drawn some conclusions, we are looking into it. If violation is found (with regard to tax laws), stern action will be taken". http://www.business-standard.com/article/economy-policy/govt-has-initiated-probe-against-expose-made-by-global-org-fm-113040600153_1.html

Will tax havens fall apart?

India can gain from joining the West in taking firm action against tax havens
The heading of this article is adapted from Nigerian author 's widely acclaimed novel Achebe passed away a few weeks ago, on March 21, and hence his writings come to mind. He had borrowed this title from W B Yeats' apocalyptic poem "The Second Coming", written in 1919. Yeats was perhaps influenced by the meaningless carnage of the First World War, the fratricidal Russian revolution and foreboding about the future. The following lines from this oft-quoted poem rang true at the time of the financial sector meltdown in 2007-08:

"Things fall apart; the centre cannot hold...
The best lack all conviction, while the worst
Are full of passionate intensity."

Are these words of any relevance with the spotlight again on  and shadow banking? This article takes stock of recent government statements about their determination to fight tax evasion and tax avoidance, and the 's (FSB's) efforts to formulate norms aimed at reducing the incidence of shadow banking (as mandated by the ).

In the first week of April 2013, it was reported that a Washington-based International Consortium of Investigative Journalists () had obtained access to emails and other documents relating to accounts located in offshore financial centres (). It seems that 2.5 million files from 120,000 offshore and trust companies covering almost 30 years of such activity and involving more than 170 countries were examined. It was mentioned that 612 Indians were among those named. In the same week, Jerome Cahuzac, the French budget minister, admitted to having a secret Swiss bank account for 20 years and had to resign.

The prompt reaction at senior government levels calling for action was refreshing. On April 4, 2013, the German finance minister welcomed the ICIJ revelations, saying that it would "increase the pressure" on tax evaders. On April 10, France announced that it was setting up a special prosecutor to investigate and pursue cases involving tax evasion and fraud and that France would work to eliminate tax havens around the world. On April 12, the finance ministers of the six major European countries - Germany, France, UK, Italy, Spain and Poland - agreed to push for greater transparency. The French finance minister was reported to have said: "Nobody can deny that bank secrecy is outdated ... we need an efficient system to tackle [tax] evasion strategies."

Earlier, the 16 February edition of The Economist carried a special report on offshore finance. According to this report, the Boston Consulting Group estimates the total volume of funds in tax havens to be around $8 trillion. McKinsey believes that the amounts invested in tax-free jurisdictions could add up to $21 trillion. This special report suggests there are about 50-60 tax havens around the world that are located in the Caribbean (Bermuda, British Virgin Islands, Cayman Islands), parts of the United States (Delaware state), Europe (, Liechtenstein, Luxembourg, Switzerland) and the Indian and Pacific Oceans (Mauritius, Seychelles, Singapore). The names of internationally recognised banks or companies that warehouse huge volumes of funds in tax havens were not listed in this report.

Tax havens, with their minuscule to zero tax rates and strict confidentiality, enable individual fortunes to be hidden from external financial sector regulators and tax authorities. Accounts are also held in the names of private firms, and it is practically impossible to establish individual ownership by disentangling the complex web of cross-holdings that stretch across several tax havens.

OFCs invariably argue that tax arbitrage is legitimate; and that tax avoidance is legal in their jurisdictions while tax evasion is not. In practice, it is impractical to expect that external tax authorities would be able to provide the information required for OFCs to distinguish whether it is a case of tax avoidance or evasion. Assuming that the protestations of tax havens are valid and that they only facilitate tax avoidance, these OFCs should have no difficulty in sharing information about their clients with external regulatory authorities. Consequently, if G20 countries are serious about reducing tax evasion and the accumulation of ill-gotten gains in tax havens, OFCs could be threatened with economic sanctions if they are not adequately transparent and responsive. In fact, if there is political will, the threat could include potential restrictions in regular air and shipping links.

Tax havens can be centres for shadow banking activities, which cause systemic risks to build up outside regulatory purview. The November 2012 FSB consultative document titled "Strengthening Oversight and Regulation of Shadow Banking" identifies the risks in shadow banking as: (i) use of repos to create short-term, money-like liabilities and facilitation of credit outside the banking system; (ii) securities lending cash collateral reinvestment estimated to stand at over $1 trillion (could lead to systemic risks since it involves maturity and liquidity transformation). The following risks affect both shadow banking and regular banking: (i) tendency of secured lending to be pro-cyclical; (ii) fire sale of collateral securities; (iii) re-hypothecation of unencumbered assets; (iv) interconnectedness stemming from chains of transactions involving reuse of collateral (risk of financial contagion and opacity); (v) inadequate collateral practices (the risk is that regular mark-to-market practices are not followed). A fuller discussion and examination of the technical issues related to shadow banking is outside the purview of this article. Suffice it to say that banking activities in tax havens need to be made more transparent to external regulators.

In India it has been reported that the Cobrapost allegations and ICIJ revelations are to be investigated. It may make future wrongdoing less likely if the results of the investigations were to be placed in the public domain.

The principal difficulty with obtaining fuller disclosure from OFCs is that tax havens are under the administrative supervision of developed countries or are located in independent states. They are in stiff competition with each other to attract funds by keeping taxes at minimal levels. Further, legal structures have been set up in tax havens to disallow any disclosure unless the requesting side provides full details of alleged wrongdoing.

On balance, despite several recent high-level official statements, it would be wishful thinking to expect that tax havens will soon become fully transparent or fall apart. However, the current environment of mounting antipathy in developed countries towards tax evasion and tax avoidance could enable us to restrict clandestine capital outflows from India by working in concert with other G20 members.

j.bhagwati@gmail.com

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UPDATE
The Portcullis TrustNet Group has identified an individual whom it strongly suspects as having been involved in the data theft that has led to information being published in a series of articles coordinated by the International Consortium of Investigative Journalists.  A report has been filed with the Royal Virgin Islands Police Force, and they are investigating the matter.
Based on our review, we have good reason to believe that the data theft ended in early 2010.  Notwithstanding this, we have engaged KPMG to conduct an IT security review and we have reviewed our physical and information security at all levels.













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ICIJ on Indians' bank accounts in British Virgin and Cook Islands 

ICIJ OFFSHORE LEAKS DATABASE


The database contains ownership information about companies created in 10 offshore jurisdictions including the British Virgin Islands, the Cook Islands and Singapore. It covers nearly 30 years until 2010.

Officers & Master Clients: First Global India Holdings Limited

Offshore Entities: 

498 INDIANS NAMED IN TAX HAVEN SCOOP

Sunday, 16 June 2013 | J Gopikrishnan | New Delhi
Nearly 500 Indians and Indian companies have bank accounts in tax havens like British Virgin, Cayman and Cook Islands and Singapore. They are among the 10,000 account holders worldwide whose comprehensive list was released by the US-based International Consortium of Investigative Journalists (ICIJ) on Saturday. Interestingly, the official residential addresses of two senior Government officers also figure in the list.
In the massive worldwide exposé, titled 'Secrecy for Sale', the ICIJ released the names of 498 Indians and several Indian companies having bank accounts in the tax havens.
As per the list, one Ritu Verma's bank account carries the address of the official residence of a senior IAS officer of the UT cadre in Delhi. The address is: D-II-225 Vinay Marg, Chanakyapuri in New Delhi.
Inquiries by The Pioneer have revealed that the UT cadre IAS officer held important posts in the Delhi Government. He was transferred to Goa sometime ago, but now he is back in Delhi and resides at the same address.
According to ICIJ, Ritu Verma is a Director of Windsor Incorporation Inc since August 13, 2007. The company's address is shown as: Portcullis Trust Net Chambers, PO Box 3444, Road Town, Tortola, British Virgin Islands.
The other Government accommodation figuring in the list is: 15 E, CPWD Quarters, Vasant Vihar, New Delhi. This address is shown as that of one Sanjay Wali. The CPWD quarters in Vasant Vihar are allotted to senior Government officials.
According to ICIJ's exposé, Sanjay Wali is a Director of Crest Strategies Limited since September 6, 2006. This company is registered in Dubai and has accounts in tax havens.
A majority of the 498 Indian addresses are from Delhi, Mumbai, Chennai, Kolkata, Hyderabad, Baroda, Ahmedabad and Bangalore. All the posh colonies in these metros figure in the list.
Addresses from Delhi's posh areas include Greater Kailash, Defence Colony and Golf Links Road. Besides, Chennai's Pycrofts Garden Road and Race Course Road also figure in the list of bank account holders in tax havens.
Several Indian businessmen and their family members' names and their associations with trusts and companies are mentioned in the lengthy list produced by ICIJ on their website.
People from areas like Raipur, Bellary, Kurukshetra, Khammam, Ludhiana, Ajmer, Bhopal, Muzaffarpur, Baripada (Odisha), Kochi and Pondicherry also figure in the list.
"The ICIJ publishes today a database that, for the first time in history, will help begin to strip away this secrecy across 10 offshore jurisdictions. The Offshore Leaks Database allows users to search through more than 1,00,000 secret companies, trusts and funds created in offshore locales such as the British Virgin Islands, Cayman Islands, Cook Islands and Singapore. The Offshore Leaks web app, developed by La Nación newspaper in Costa Rica for ICIJ, displays graphic visualisations of offshore entities and the networks around them, including, when possible, the company's true owners," ICIJ, in the introduction of their exposé, said.
"When Bernard Madoff built his $65 billion house of cards; when food distributors passed off horsemeat as beef lasagna in Europe; and when Apple, Google and other American companies set up structures to channel their profits through Ireland - they all used tax havens.
"They bought secrecy, minimal or zero taxes and legal insulation, the distinctive products that tax havens market and that allow companies to operate in a fiscal and regulatory vacuum. Using the offshore economy is akin to acquiring your own island where the rules that most citizens follow don't apply," said ICIJ in the forward note to their biggest exposé, justifying the publication of bank accounts in tax havens across the world. The Journalists' organisation promises more release of bank accounts in the coming days.



Ravi Shankar Prasad  2 hours ago

Finance Minister P Chidambaram lives in Pycrofts Garden in Chennai. Pioneer should do more research on the names of Indians. There should be more politicians. Most of the powerful Indians have accounts in USB's Singapore. There is a company called Sharecorp in British Virgin Islands in the list, where 100s of Indians connected. Pioneer should investigate into former telecom minister A.Raja's accounts in Singapore, Dubai, Malaysia, Indonesia and London.



498 Indians hold offshore A/Cs in tax havens
TNN | Jun 16, 2013, 05.59 AM IST

NEW DELHI: A database of one lakh offshore entities in tax havens owned by, among others, 498 Indians with addresses in upscale enclaves in major cities, generated a huge buzz on Saturday with agencies expected to try and decipher the disclosures.

The last tranche of disclosures came out in April, among them were names of industrialists Vijay Mallya and Ravikant Ruia and Congress MP Vivekanand Gaddam, although nothing incriminating has been found about any of their offshore entities.

The database on secret companies, trusts and funds created in tax havens such as British Virgin Islands, Cayman Islands and Cook Islands — published by The International Consortium of Investigative Journalists (ICIJ) — has been made accessible online.

Given the heated political debate on black money in India, the disclosures are expected to lead to renewed calls for information received from countries such as France, Germany and Japan be made public. So far, the government has said that the nature of international agreements prevents it from doing so.

Among the owners with Indian addresses, 194 are from Mumbai (or Bombay), the highest among all the cities. New Delhi is second in that list with 113 owners of offshore entities. The remaining cities, in the descending order of the number of owners, are Kolkata (39), Bangalore (36), Chennai (31), Hyderabad (13), Gurgaon (9) and Ahmedabad (7).

Responding to the new information from ICIJ about hidden off-shore wealth, Financial Transparency Coalition, a network of international NGOs, said that it confirmed "beyond reasonable doubt that the world's financial system legitimizes industrial-scale tax avoidance, aids criminals and drug cartels and facilitates corruption up to the highest levels of our society".

ICIJ, however, clarified that the people and companies mentioned in the database were not necessarily involved in tax avoidance or evasion. "There are legitimate reasons to use offshore companies and trusts," it said, "ICIJ does not intend to suggest or imply that the people and companies included in the database have broken the law or otherwise acted improperly."

The database is part of a cache of 2.5 million leaked offshore files ICIJ analyzed with 112 journalists in 58 countries. This is not a "data dump", ICIJ said, as "it is a careful release of basic corporate information".

The purpose of the "offshore leaks database" is only to make company ownership information transparent. ICIJ has therefore published the postal addresses of the owners without disclosing other personal data such as records of bank accounts and financial transactions, emails and other correspondence, passports and telephone numbers.

Within days of ICIJ's April release of dozens of stories, French president Francois Hollande called for the "eradication" of tax havens. Europe's largest economic powers - the UK, France, Spain, Italy and Germany - announced that they will start exchanging bank information.
http://timesofindia.indiatimes.com/india/498-Indians-hold-offshore-A/Cs-in-tax-havens/articleshow/20611959.cms

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