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International Agreements


Double Tax Treaties

Since Bermuda does not levy direct taxes, there are no double tax treaties between Bermuda and other nations. There is however a tax treaty with the US which exempts insurance premium payments from US franchise taxes, and grants tax breaks to US companies holding conventions in Bermuda.

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Tax Information Exchange Agreements

In December, 2005, Bermuda's House of Assembly voted to approve new legislation facilitating the exchange of tax information with other nations in a bid to cooperate in the stamping out of international tax evasion.

The International Cooperation (Tax Information Exchange Agreements) Act 2005, was umbrella legislation designed to give effect to Tax Information Exchange Agreements with countries in the OECD and the European Union.

The bill, which was passed in committee and sent to the Senate, came hot on the heels of Bermuda's sealing of a TIEA with Australia, which was signed by Finance Minister Paula Cox and Australian Treasurer Peter Costello in Washington, DC in November of that year.

According to Cox, tax exchange agreements would not only distance Bermuda from its old "tax haven" label, but also boost trade in financial services and improve commercial relations.

"As such it is important to our national economic interest that Bermuda directly negotiates with such countries," she stated.

Ms Cox revealed that Bermuda was negotiating with the UK towards the completion of an updated TIEA and was also in diplomatic contact with Mexico.

According to Ms Cox, the Australian agreement marked the first treaty that Bermuda had entered into following a commitment to ban harmful tax practices five years ago.

The Australian authorities had recently escalated their enforcement activities involving offshore transactions, and had been keen to initiate a tax information exchange deal with Bermuda after it became apparent that a significant proportion of funds flowing in and out of the country were being transmitted through Bermuda.

Talks between the two governments commenced in May 2004, with a second round of discussions taking place in August 2005, before the agreement was officially sealed later that year.

However, since Bermuda does not have an income tax, and therefore does not stand to directly gain from an exchange of tax information, Mrs Cox indicated that the Bermudian government pushed for additional clauses that would result in a "measurable and reciprocal" benefit for the island, such as closer commercial relations between the two countries.

According to Mr Costello, the agreement will not only provide for full exchange of information on criminal and civil matters between Australia and Bermuda, but also boost economic ties between the two.

"These agreements are an essential tool in Australia's efforts to reduce offshore tax evasion," Costello explained in a statement.


 

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