Showing posts with label Knowledge Centre (CA and CS students). Show all posts
Showing posts with label Knowledge Centre (CA and CS students). Show all posts

Friday, October 30, 2009

OFFSHORE—CONCEPTS & TAXABILITY


OFFSHORE—CONCEPTS & TAXABILITY



Going offshore nowadays is the most popular way of starting or managing your business. Offshore companies do not only offer tax exemption. That's surely what made them famous and popular. More important however is the freedom of operations, confidentiality and ease of running your business. There will be no paperwork, no hassle with filings and auditing.

RECENT VODAFONE-HUTCH CASE WAS OF THIS KIND WHICH COMPANY HAS FOUGHT AGAINST INCOME TAX DEPARTMENT-BUT NO PROPER CONSULIONS ARISE.





- Why might an offshore investment be superior to an onshore investment?
- The first answer, is, because it is often more lightly regulated, meaning that the behaviour of the offshore investment provider, whether he be a banker, fund manager, trustee or stock-broker, is freer than it could be in a more regulated environment. Any regulator in a high-tax country will immediately say, oh, of course, if it's unregulated, then it is riskier. Well, they would say that, wouldn't they?

- Who can benefit from offshore investment?
- Anyone can benefit from the greater returns to be derived from offshore investments simply by choosing to invest offshore rather than onshore. But to benefit from the low individual taxation regimes available offshore, one of two things has to be true: either the individual must have residence offshore, or, for a resident in a high-tax area, there must be an offshore structure which (legally) distances offshore gains from the onshore tax net.

- How much money do I need to invest offshore?
- There is no absolute low limit, but the extra costs of taking advice, opening new bank acocunts, phone communication at a distance, etc, etc mean that offshore investment is unlikely to be worthwhile for less than say $25,000. Still, costs are coming down all the time because of the Internet. Offshore banks will take deposits down to $1,000, but for a personalised 'private banking' service, you will need to deposit $100,000 or more.

- Should I use more than one offshore centre?
- Different jurisdictions have different advantages. Depending on your agenda, you may find it useful to use two, three, four, or even five different jurisdictions in your offshore structure. Using two or three jurisdictions in an average offshore structure is very common for substantial offshore investors - one for the corporations, one for the trust, and one for the bank account. This three-level arrangement allows your offshore structure to take advantage of the best laws of each country and provides the maximum level of privacy.

- Is it easy to dissolve an offshore fund structure?
- Most offshore structures can be revoked or dissolved very easily. Either the corporate documents or the offshore jurisdiction's corporate or trust laws should specify the dissolution procedure. Dissolving a trust usually costs no more than a small filing fee or a few hours of a lawyer's time. If it would be costly to dissolve a given structure, you can simply remove all the assets from the structure, so it has zero value. You can then leave the empty structure to be stricken from the jurisdiction's register - a cost-effective way to eliminate it. Obviously it would be wise to check dissolution procedures before entering into any offshore engagements.

- What is a trust?
- A trust works by taking assets out of the ownership of the person establishing ('settling') the trust and putting them into the hands of a trustee. An offshore trust is simply one based in an offshore jurisdiction and its profits are usually not taxable there. The trustee normally follows the wishes of the settlor. Trusts, which are based in 600-year old English common law, have been in common use for offshore asset protection for nearly 100 years. Unfortunately, the high-tax countries have therefore had plenty of time to defend themselves against trusts, and by now their usefulness has been severely compromised for the residents of many high-tax countries.

- What is an asset protection trust?
- A trust designed to accomplish a number of estate planning goals of its settlor, before and after death, including planning for the preservation of the settlor's estate from a variety of risks which would threaten to dissipate the estate if one or more of the risks materialised. An APT is typically established in a jurisdiction other than the settlor's home country.

- Why are investments regulated more than other types of purchase?
- Regulation covers the avoidance of fraud (to protect investors from their own ignorance or cupidity), the avoidance of money-laundering (nothing to do with bona fide investors) and has prudential aspects, ie it tries to prevent investment managers from making risky investments that could lead to loss for investors. Regulators believe that people's savings are so important they must be given special protection.

- What is money-laundering?
- The conversion of 'illegal' money into 'legal' money. Thus, a drug-runner who walks into a Caribbean bank with $1m, opens an account, and the next day transfers the money into a Swiss bank account where he invests it into Nestle shares has 'laundered' the money successfully. Nowadays banks are much more careful about accepting large sums of unaccountable cash.

- Is it legal for me to make offshore investments?
- This depends first on where you live. Many countries, including the US, Canada, the UK, France and some other EU countries, make it illegal for offshore investment providers to advertise their products domestically. Despite this, generally speaking it is not illegal for you to make offshore investments (although the US is particularly restrictive). You must check carefully with local advisers as to your rights. It is illegal in almost all jurisdictions for you not to declare the income or gains from offshore investments to your local tax authorities, and in those very few countries with remaining capital controls, to the monetary authority.

- What is meant by the terms 'domicile' and 'resident'?
- 'Domicile' normally relates to the country or state which an individual regards as their permanent/ultimate home location. A person's domicile is established at birth and this remains until an individual resettles with the firm intention of remaining in that new location.
'Residence' is normally determined by an individual's status at a particular time. The rules vary from country to country, but in many cases presence in a country for more than 183 days in any one year is enough to constitute residence for tax purposes.

- What is withholding tax?
- When a dividend (or royalties or interest) is paid internationally, the country from which the payment is made usually taxes the payment as it leaves, by 'withholding' a proportion of it, usually between 10% and 30%. If there is a double tax treaty between the two countries concerned, it is often possible to reduce the tax, or to reclaim some or all of the money. Some receiving countries allow the withheld tax to be set off against domestic tax liabilities.

- What is a double taxation treaty?
- An agreement between two countries intended to relieve persons who would otherwise be subject to tax in both countries from being taxed twice in respect of the same transactions
or events. By and large, most offshore jurisdictions have traditionally not had double taxation treaties, since they don't have much local taxation. Offshore jurisdictions which do have double tax treaties usually cannot use them to benefit investors receiving complete local tax exemption.


 Shared by Pappu Mishra (CA Final Student)

Posted at www.taxmannindia.blogspot.com
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Sunday, August 9, 2009

Curbs likely on zero-cost derivatives

Corporates will have to change the way they cut currency derivative deals, 
transactions that have rattled India Inc and the government in a way few things have in 
recent years. Almost two years after the exotic derivative deals blew up in the face of companies, the rule makers are considering speed breakers which take the fizz out of this market. 

The Reserve Bank of India is planning to impose severe restrictions, or even a ban, on “zero-cost deals”, the most popular derivative contracts that corporates have entered into. Hundreds of exporters, importers and firms with expensive rupee loans had struck derivative deals to improve earnings and prune cost. 

In the basket of products, zero-cost derivatives turned out to be the hot pick as it allowed companies to get a better exchange rate, far more lucrative than the simple forwards, from banks and sign deals with them at no expense. While the true purpose behind such deals was to hedge the risks that a company faced from fluctuations in foreign exchange rates, the products involved complex packaging and risks that few clients understood. 

The regulator feels that zero-cost structures were responsible for much of the losses that companies suffered when their derivative bets backfired. “These structures are under review. Companies went in for these derivatives because they were not required to pay for the cover, and often the losses increased because of the leverage that was built in,” an official said. 

The way a zero-cost derivative differs from other contracts is that a company simultaneously buys an option as well as sell another option to the bank; the deal is structured in a manner where the premium earned from selling an option is used to pay for buying the other option, making it zero cost for the company. Consider an exporter who is anticipating a payment of $5 million from an overseas buyer six months later. 

In this old-fashioned forward transaction, the exporter has the choice to sell the dollar forward to the bank at 45 a dollar when the present market rate could be, say 43.50. However, if the exporter does a zero-cost deal, the bank offers him a rate as high as 48, something he can’t resist. But here the transaction is more complicated than a simple foward sale of dollar receivable. 

In this case, the exporter buys one put option, which gives him the ‘right’ to sell dollar at 48 to the bank; at the same time he sells one call option, under which he is ‘obliged’ to sell the dollar at 48 to the bank. Now, if the dollar is 46 when he receives the payment from abroad, he exercises the put option to sell dollar at 48, thereby earning Rs 2 more than the market rate.

But what happens when the dollar is 50? Here, it makes no sense for the exporter to exercise the put option under which he will receive only Rs 48 a dollar. However, the banks to whom he is obliged to pay (as per the call option) will not ignore the opportunity. They will buy dollar at 48, causing a loss of Rs 2 a dollar to the exporter. 

“Without such structures, the market could become more transparent... It would prevent deliberate and complex structuring just to make it zero-cost,” said Phani Shankar, head of treasury at ING Vysya Bank. In real life, zero-cost options are more complex. For instance, an exporter may have sold two or three or even five call options to buy one put option. In trade parlance, these are called 1:2, 1:3 or 1:5 options. 

This is where a firm is leveraged and the losses would be higher when the exchange rate moves against the exporter. For instance, in a 1:2 option, the loss to the firm would be Rs 4, and not Rs 2, when dollar is at 50. This is beacuse it has sold two call options. Similarly, the loss would be Rs 6 and Rs 10 per dollar when the greenback is at 50. As the leverage increases — from 1:1 to 1: 3 to even 1:5, the exchange rate offered to the exporter goes up. So, he is tempted to leverage. 

According to banking circles, even if RBI does not go for an outright ban, it will restrict the extent to which such leveraging can be offered by banks. “Many firms, particularly SMEs, who are not aware of the risks would benefit. They would concentrate on their businesses rather than making money out of derivatives,” said KN Dey, director, Basix Forex & Financial Solutions. “However, corporates will find ways to get around this,” said Dey who is an advisor to several firms. 

According to banking circles, RBI will soon announce the proposed changes in the derivatives rules and ask banks for their views on the matter. There is a distinct possibility that RBI may propose option writing (or selling) by corporates. At present, a corporate can only buy an option, and cannot receive the premium out of selling an option. In several markets only financial institutions are allowed to write options, a transaction where the gain is small but downside could be big. 

“Here, the proposal is to allow corporates sell covered options (ie, transactions which are not naked bets but have an underlying like an export or import order). Only big corporates with sophisticated treasuries can take advantage of this. Say, a corporate with a strong view that the dollar will not cross 50 can sell an option and earn a premium. But this can be dangerous if small firms fall for this,” said a senior banker who felt it is unfair to blame zero-cost products since several corporates took a hit after taking pure bets with no underlying. 

“The heartburn vis-a-vis derivative losses is attributable to perhaps unwise, but consciously made decisions. Zero-cost structures are popular because they provide value but they are not free lunches,” said Hoshidar Wadia, partner at law firm Juris Corp. 
For most corporates, a derivatives market without zero-cost structures could mean a big change. If such products are banned, a corporate can go for a simple forward, or a plain vanilla derivative like buying a put option and paying the premimum prevailing in the market. This can be expensive since option pemium has gone up almost four times in just two years.

Published in Economic Times Dated 27.07.2009

Sunday, August 2, 2009

NBO to launch housing index by March '09

Do you know that there is a reality prices index as our stock market index

Extracts from economic times

The Reserve Bank of India (RBI) has asked a government agency that collects statistics on the country’s housing construction activities to launch a housing start-up index by March 2009, to help it assess the impact of fiscal and monetary stimulus offered to revive the sector. 

The index, to be launched by the National Building Organisation (NBO) under the ministry of housing & urban poverty alleviation, will offer reliable data to RBI and other government agencies, facilitating speedy decision making. 

A senior NBO official, who asked not to be named, said the index would be released on a quarterly basis. It will be made available on a monthly basis later. The base year of the index is 2003-04. 

All major economies use similar indices to assess economic activity using demand and supply data on the housing sector. As housing is a sector with high forward and backward linkages, the proposed index will be useful in assessing demand and supply situations in other sectors, such as cement and steel.

sources:Extracts from economic times

Derivatives (Part 1)

Meaning & introduction 

A Derivative is a financial instrument that is derived from some other asset, index, event, value or condition (known as the underlying). Rather than trade or exchange the underlying itself, derivative traders enter into an agreement to exchange cash or assets over time based on the underlying. A simple example is a futures contract: an agreement to exchange the underlying asset at a future date.

Derivatives are often leveraged, such that a small movement in the underlying value can cause a large difference in the value of the derivative.

Derivative products were originally designed to help participants to hedge their price risks (or similar risks which arise due to volatility in instruments quoted in the market place). As the world has progressed, these products are used not only for hedging but also for trading or speculation and arbitrage. Derivative products have assumed huge importance in financial markets and their traded volumes in most cases are more than double the traded volumes in the underlying physical articles or instruments.

Derivatives are usually broadly categorised by:

  • The relationship between the underlying and the derivative (e.g. forward, option, swap)
  • The type of underlying (e.g. Equity derivatives, FX derivatives, credit derivatives)
  • The market in which they trade (e.g. exchange traded or over-the-counter)

What do we mean by credit derivative mean?

Privately held negotiable bilateral contracts that allow users to manage their exposure to credit risk. Credit derivatives are financial assets like forward contracts, swaps, and options for which the price is driven by the credit risk of economic agents (private investors or governments). For example, a bank concerned that one of its customers may not be able to repay a loan can protect itself against loss by transferring the credit risk to another party while keeping the loan on its books.

Derivative products are now available on a variety of underlyings (that on which derivatives are created) including commodities, interest rates, forex, equities and even weather. Financial markets have understood that any article that fluctuates can form a good underlying and that it need not be tangible (like an equity index) or be owned by any person (like weather).

Complexity of derivative products has also increased enormously as evident from the disasters which continue to dog these markets. Multi billion dollar enterprises also suffer huge losses from time to time either due to greed or loose controls or lack of understanding of the products or a combination of these and other factors.

Indian equity derivatives started in June 2000 and have now progressed to a level where derivative volumes are more than twice the underlying equity market on most days. Trading volumes exceed Rs. 8,000 crores on most trading days with a peak of almost Rs. 17,000 crores. Commodity markets have also started recently and generate daily volumes on Futures of more than Rs. 2,000 crores on most trading days. Interest rate and forex derivatives are not traded on exchanges but available to market participants through banks if they have an underlying exposure to these risks largely for hedging purposes. Interest Rate Derivatives though listed have not been popular and are planned to be re-introduced with some changes in the design of the contract.Participants in the equity market are largely individuals, brokers, arbitrageurs and Foreign Institutional Investors. Domestic institutions and mutual funds are relatively less found in these markets except for a rather sudden burst of arbitrage funds in the Mutual Funds industry which are just making a beginning.
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