杜国栋｜美国+40国拒绝CRS！海外资产追索的盲区？

Core Viewpoint - The Common Reporting Standard (CRS) is a crucial tool for combating cross-border tax evasion and enhancing asset transparency, but the lack of participation from certain countries creates information gaps that hinder asset recovery efforts [1][4]. Group 1: CRS Framework and Functionality - The CRS, introduced by the OECD in 2014, facilitates automatic exchange of financial account information among over 120 countries by 2025, aiding tax authorities in tracking global asset flows [1][4]. - Financial institutions are required to conduct due diligence on non-resident accounts and report account holder information to their domestic tax authorities, which is then exchanged with other participating countries [3][4]. - The CRS mandates the identification of "Controlling Persons" for entities, ensuring that beneficial ownership information is reported to relevant tax authorities [3][4]. Group 2: Impact of Non-Participation - Approximately 40 countries are not participating in the CRS as of 2025, primarily developing nations and small island states, which creates barriers to asset recovery and tax compliance [4][14]. - The absence of CRS participation means that financial institutions in these countries are not obligated to report non-resident account information, complicating cross-border debt recovery efforts [4][14]. - The United States, as a major financial center, utilizes the Foreign Account Tax Compliance Act (FATCA) instead of CRS, leading to a one-way information exchange that further complicates global asset tracing [5][14]. Group 3: Challenges in Asset Recovery - The lack of CRS participation results in significant obstacles for creditors seeking to obtain information on debtors' assets in non-CRS countries, creating a "black hole" of property information [14][15]. - For instance, a Chinese tax resident holding assets in a U.S. bank through a BVI company would not have their information automatically reported to Chinese tax authorities, complicating legal recourse [15]. - China has successfully recovered substantial tax revenues since implementing CRS in 2017, but still faces challenges in accessing information from non-CRS countries, relying on limited bilateral agreements [15].