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Cayman has signed a double tax treaty with the UK

June 15, 2009

By Richard Murphy

Richard Murphy is a founder of the Tax Justice Network and director of Tax Research LLP. An expert on tax policy, he writes a daily blog which provides regular news on his activities and opinions at www.taxresearch.org.uk/Blog/

Signed today – and slipped out on HMRC’s web site without a press release (I wonder why?) is a double tax agreement (yes, I mean that – a DTA, not a Tax Information Exchange Agreement) with the Cayman islands.

It’s available here.

It’s not, I hasten to add a full blown DTA.

But then, it’s not a full blown TIEA either.

In fact the extraordinary thing is that the information exchange clause is far less onerous than a TIEA. So, for example, there is no reference to the need for the parties to be able to prove beneficial ownership of trusts, companies and other arrangements in their territories, which i TIEA should require.

For all practical purposes this renders the thing (let’s call it a ‘thing’ because there appears no proper name as yet for such a botch) pretty close to useless, and certainly of less use than the already near useless TIEAs.

The real question is – who asked for the downgrade on this point – the UK or Cayman? The former will have at least as many problems as the latter in complying.

Either way this is a massive embarrassment to the UK – and no way for Gordon brown to pursue his campaign on tax havens.

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Disclaimer: Unless specifically stated to be the views of the Task Force, the opinions expressed on this blog are solely the opinions of the individual blogger and are not necessarily those of the Task Force on Financial Integrity & Economic Development.

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