国际税收规则“刷新”“避税天堂”还好使吗

Group 1: Cross-Border Regulatory Upgrades - The Cayman Islands has introduced the Beneficial Ownership Transparency Law effective January 2025, which includes previously exempted funds under the new regulatory framework [2] - The British Virgin Islands (BVI) will implement a new beneficial ownership information reporting system starting January 2025, requiring all BVI companies to comply with enhanced disclosure requirements [2] - The new regulations mandate regular identification of beneficial owners and compliance measures for funds in the Cayman Islands [2] Group 2: China's Tax Administration Evolution - Since 2020, China's tax administration has entered a "data-driven" era, with increasing prevalence of penetrating supervision [3] - Tax authorities in various provinces have identified cases of unreported foreign income, leading to demands for tax payments and penalties [3] - The revised Tax Collection and Administration Law expands the scope of tax audits to include third parties, enhancing the power of tax authorities to investigate hidden beneficial owners [3] Group 3: Penetrating Supervision of Offshore Structures - Multi-layer offshore structures are increasingly subject to penetrating supervision, allowing tax authorities to trace and identify ultimate beneficial owners [4] - All fixed beneficiaries of trusts must be reported, and trustees retaining certain powers may be deemed actual controllers [4] - Starting in 2025, protectors of trusts will also be required to disclose their identities, further exposing hidden beneficiaries [4] Group 4: CRS Reshaping International Tax Order - The Common Reporting Standard (CRS) defines tax residency based on actual residence and economic interests rather than nationality [5] - Individuals with a residence in China or those residing in China for over 183 days in a tax year are classified as tax residents, subject to income tax on global earnings [5] - Financial institutions are required to identify and report actual controllers of passive non-financial entities under CRS [6] Group 5: Legal Compliance Over Geographical Arbitrage - The OECD's CRS facilitates automatic exchange of tax information among participating jurisdictions, enhancing tax compliance [9] - Prior to CRS, countries relied on bilateral agreements for tax information exchange, which were often inefficient and limited in scope [9] - The CRS is seen as a global extension of the U.S. FATCA, promoting a more standardized approach to tax information exchange without punitive measures like withholding taxes [10] Group 6: Historical Context and Future Outlook - The CRS framework was launched in 2014, with China committing to its implementation in 2017, leading to extensive international cooperation on tax information exchange [11] - As of June 2025, over 120 countries and regions are expected to participate in the CRS, with more developing countries likely to join [11] - The evolution of tax compliance reflects a shift from geographical arbitrage to legal adherence, emphasizing transparency and compliance as the new standards for tax safety [12]