Thursday, October 25, 2018

Mauritius’ residence and citizenship schemes flagged on OECD blacklist


Published in Mtimes 26 October 2018
Mauritius by signing the Multilateral Convention on Mutual Administrative Assistance in Tax Matters was committed to implement tax transparency and effective exchange of information, in particular under the OECD/G20 Common Reporting Standard (CRS).

The CRS requires financial institutions to automatically exchange information regarding their clients to their clients’ local tax authorities.  The Convention is seen to be the “gold standard” measure for implementing the CRS, promoting tax cooperation and key to the fight against global tax evasion and avoidance.  111 countries have now signed up to the convention
The OECD has continued to put pressure on a number of offshore and developing nations to ensure compliance with the CRS, especially countries offering residence and citizenship by investment (CBI/RBI) schemes. The OECD recently examined the structure of over 100 schemes offered by countries worldwide and concluded that “Identity Cards, residence permits and other documentation obtained through CBI/RBI schemes can potentially be abused to misrepresent an individual’s jurisdiction(s) of tax residence and to endanger the proper operation of the CRS due diligence procedures.”
Mauritius’ CBI/RBI schemes were identified as posing a high-risk to the integrity of the CRS, even though the country is considered a CRS-committed jurisdiction. According to the OECD report, potentially high-risk CBI/RBI schemes are those that give access to a low personal tax rate on income from foreign financial assets and do not require an individual to spend a significant amount of time in the jurisdiction offering the scheme. Such schemes are currently operated by Antigua and Barbuda, the Bahamas, Bahrain, Barbados, Colombia, Cyprus, Dominica, Grenada, Malaysia, Malta, Mauritius, Monaco, Montserrat, Panama, Qatar, Saint Kitts and Nevis, Saint Lucia, Seychelles, Turks and Caicos Islands, United Arab Emirates and Vanuatu.

As a result of this tightening of the CRS by the OECD to make it more effective, the consequences for the global business industry in Mauritius will be quite adverse.  Some of our bi-lateral treaties that we chose to implement on a country by country basis rather than the all-encompassing multi-lateral version will equally receive short shrift from the OECD.  Indeed, there are quite some daunting challenges ahead for the financial sector which will be needing more efforts from government than the two-day conferences and other piece-meal approaches. This OECD report should be taken as a wake-up call and we should stop playing our small games and be ready to play by the rules and accelerate the reforms in the financial sector so as to succeed in gradually innovating and transforming the Mauritius’ international financial centre by 2030.