Australia: Guidance on CRS circumvention schemes

OECD analysis of residence/citizenship by investment (RBI/CBI) schemes from CRS-committed jurisdictions

OECD analysis of residence/citizenship by investment (RBI/CBI) schemes from CRS-committed

The Australian Taxation Office (ATO) on 25 September 2023 announced the publication of a recent report by the Organisation for Economic Cooperation and Development (OECD) dealing with common reporting standard (CRS) circumvention schemes. Specifically, the OECD analyzed over 100 residence/citizenship by investment (RBI/CBI) schemes from CRS-committed jurisdictions and published its findings. These schemes pose a high risk as they can be used to hide assets offshore and avoid CRS reporting by granting citizenship or residence rights for local investments and flat fees.

The ATO noted that financial institutions may need to take into account the results of the OECD’s analysis of RBI/CBI schemes as part of their due diligence responsibilities. The OECD has issued practical guidance that financial institutions need to incorporate into their CRS due diligence procedures. Specifically, when uncertainty arises about the tax residency of a CBI/RBI program user, the OECD has suggested additional inquiries that financial institutions can pose to the account holder.

Read an October 2023 report [PDF 154 KB] prepared by the KPMG member firm in Australia

 

 

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