United States of America
ARTICLES
Offshore Financial Centres: The Super Set
  Of the various forces that have buffeted offshore financial services in recent years, regulation and emerging demand bases are probably the most significant. (01/02/2017)
US Tax Enforcers React to The Panama Papers
  Scott D Michel and Arielle M Borsos examine how US tax enforcers have reacted to the Panama Papers leak. (01/09/2016)
FATCA: The Horse May Have Bolted, But…
  Dr Angelo Venardos examines the controversial US FATCA legislation and considers issues regarding its constitutionality and whether there is any chance of repeal. (01/10/2015)
FATCA – Enforcement Win or Expatriate Generator?
  Dianne Mehany and Mark Matthews examine if FATCA has succeeded in its aim to enforce US tax policy globally or whether it has become an expatriate generator. (01/07/2015)
New Zealand: Regulation & Trust Reform
  John Hart examines recent reform to New Zealand's Regulatory and Trust regimes. (16/06/2015)
A Corporate Governance Give-Away to Tax Inverters?
  Eric Talley examines the recent controversy surrounding Tax Inversions and examines how tax, securities regulation, and corporate law unwittingly conspire to push US firms abroad. (01/06/2015)
New Challenge to Tax Planning: Morality and Politics Are Now In Play
  Scott Michel & Sae Jin Yoon examine how morality and politics are providing a new challenge to the international tax planning arena. (01/06/2015)
Global Tax Transparency Goes Live in 2016
  As countries around the globe begin to apply laws allowing for the automatic exchange of information, Eric Boes examines the preparatory steps that must be taken. (01/04/2015)
Financial Ethics: Preventing the ‘Stupid Stuff’
  John Boatright examines the increased concern of the US Federal Reserve with regard to ethics in the financial services industry. (01/04/2015)
Rules of Engagement - Cayman on the Front Foot
  Robert Searle and Norman Chan examine how FATCA has changed the international financial landscape and how Cayman has managed to deal with this regulatory hurdle. (01/02/2015)
Due Diligence on USA’s Recognition of Cuba and the Impact on CARICOM
  Burke Files examines the implications following the US recognition of Cuba after years of embargo and the impact this landmark policy change will have on due diligence. (01/01/2015)
Bermuda and the Push Towards Automatic Exchange of Information
  Charles Thresh and David Harper consider the implications of the OECD's Automatic Exchange of Information Drive for Bermuda's financial services sector. (01/01/2015)
The Impact of FATCA on Bermuda’s (Re)Insurance Sector
  David Doyle examines the potential impact of FATCA on one of Bermuda's flagship sectors, Reinsurance. (01/01/2015)
The Offshore Stimulus for Onshore Activity
  Robert Briant and Joshua Mangeot consider the mutually beneficial symbiotic relationship between the BVI and other IFCs and their onshore counterparts. (01/11/2014)
In the Chair with the US Treasury
  With numerous compliance issues among other problems facing the industry stemming from FATCA, we speak directly to the source of the FATCA legislation, the US Treasury to address the issues raised by FATCA objectors. (01/11/2014)
Are International Bureaucrats Winning the War Against Low-Tax Jurisdictions and Fiscal Competition?
  With the global financial industry under pressure from international regulatory initiatives, Dan Mitchell and Brian Garst examine if this regulatory zeal has gone too far. (01/11/2014)
IRS Provides Potential Amnesty for Certain US Taxpayers with Offshore Income and Assets
  With the net closing in regarding compliance with FATCA, David Neufeld examines the latest instructions from the IRS regarding a potential amnesty for some US taxpayers. (01/11/2014)
FATCA – Why the Isle of Man is a Magnet for International Pension Plans
  With FATCA affecting every aspect of the financial services industry, Mark Kiernan examines the impact the far reaching legislation on the Isle of Man's international pensions industry. (01/11/2014)
FATCA is Here - Now What?
  Denis Kleinfeld examines the erosion of financial secrecy, started by the US FATCA legislation and discusses the impact compliance will have on the international financial services industry. (01/11/2014)
The Future of Offshore – The Industry in 2020
  Following the release of OIL's Offshore 2020, Jonathon Clifton considers the future of the Offshore Financial Industry. (01/10/2014)
The Global Citizen – The Wealth Management Opportunity
  Dominik Zunkovic considers the options available for HNWIs looking to take advantage of economic citizenship programmes. (01/10/2014)
Q&A with Pascal Saint-Amans, OECD Director for Tax Policy
  With the first seven deliverables of the OECD/G20 BEPS Project now delivered to Finance Ministers of the G20, IFC Review speaks to Pascal Saint Amans about the future of the project. (01/10/2014)
Due Diligence - Insider Trading
  In his latest column, Burke Files highlights a selection of common tactics to be wary of that are used by those attempting to gain an upper hand through insider trading on the stock market. (01/09/2014)
FATCA and the Cyprus - US Connection
  With FATCA now in force, Emily Yiolitis and Aki Corsoni-Husain highlight how Cyprus complies with the US regulations through the signing of a Model 1 IGA. (01/08/2014)
The Trust Protector in the US: Welcome Immigrant or Persona Non Grata?
  With US courts finally beginning to formally recognise the trust protector, Alexander Bove considers the implications of this developments and provides a background to the decision. (01/06/2014)
FATCA Offspring
  With FATCA proving to be a watershed moment for information exchange, Louise Gonçalves and Eran Shay discuss what this means for those caught within its grasp. (01/05/2014)
Protection Ratchets Up: Long Finance and Offshore Centres
  Michael Mainelli examines the potential for IFCs to market themselves as leaders in the fight for tax transparency as they are often acknowledged as ahead of the regulatory curve when compared to their rivals. (01/05/2014)
Here Comes FATCA…What To Expect In 2014
  With FATCA looming on the horizon, Scott Michel examines what 2014 holds for those caught in its web. (01/04/2014)
Tax Cooperation, Past, Present & Future
  Professor Allison Christian considers the legality of the US IGAs stemming from FATCA with the proposition that they are indeed treaty overrides. (01/03/2014)
Barbados Case Study: Dual Compliant Life Insurance for Americans Living in Canada
  Charles Gagnon highlights Barbados as an attractive jurisdiction for Dual Compliant Life Insurance for Americans living in Canada in this insightful case study. (01/02/2014)
The Art Market - It's a Rigged Bet
  Burke Files discusses the art market, an engineered and artificial market, covering topics such as price engineering and money laundering along with the market’s lack of transparency. (01/01/2014)
Due Diligence - Social Media
  Burke Files discusses due diligence in the digital realm of social media, its increasing use as a tool to check up on job and college applicants and asks what could people share online to make them more or less desirable. (01/12/2013)
Global Tax Reporting: US and UK FATCA
  Debbie Payne discusses the global exchange of tax information, which has been the subject of increasing media coverage over the past year as governments seek to increase tax revenues in the face of the financial crisis. (01/10/2013)
Due Diligence Fails
  Burke Files discusses the problem of due diligence in government and why the best due diligence systems provide an open and authentic exchange of information. (01/10/2013)
FATCA - Predictions of Implementation Failure Proving True
  Denis Kleinfeld examines the impact FATCA has had on the global financial industry, and why predictions that FATCA could not be implemented are proving true. (01/10/2013)
A Moral Crusade with a Hollow Core
  Martin Crawford discusses double taxation treaties (DTTs); created by governments to facilitate cross-border trade, and why going after the offshore financial centres that underpin this system may not work. (01/09/2013)
De-Centralised Due Diligence
  L Burke Files discusses the idea of centralisation in relation to due diligence, which was central to a publication by the Basel Committee on Banking Supervision - October 2001 on Customer Due Diligence for Banks. (01/09/2013)
IFCs – Keeping the Wolf from the Door
  Professor Philip Booth and Dr Richard Wellings discuss the importance of IFCs to economic development and why policymakers must resist calls to introduce measures that reduce competition in tax and regulation. (01/09/2013)
G8 Summit: What Happened, and What are the Implications?
  Richard J Hay discusses the high profile meeting of the G8 world leaders in June, where tax, trade and transparency were the key talking points. (01/08/2013)
Organise or Die: The Future of International Financial Centres
  Professor Gilbert NMO Morris considers the necessary and collaborative steps international finance centres must take to secure their future. (01/08/2013)
Where is Your Data and Why it Matters
  In light of the recent media storm surrounding NSA whistleblowers and data privacy, Richard Douglas discusses the importance of making sure your data is secure, with the world relying on staying connected. (01/07/2013)
Information Protection: It’s Your Data Dummy
  L Burke Files discusses the hot topic of information protection, and why it is vital that we take real steps to protect our information from being accessed or stolen online. (01/07/2013)
US Scandals Reinforce Warning Signs of FATCA’s Dangers
  With FATCA imminent, Denis Kleinfeld discusses the dangers of the legislation for the global financial industry, the danger signs reinforced by the rapid unfolding of governmental scandals in the United States. (01/07/2013)
FATCA: Be Careful What You Wish For
  Nick Matthews examines the potential pitfalls facing individuals and firms complying with FATCA. (01/06/2013)
Regulatory Competition: OFCs’ Vital Role in the World Economy
  Andrew P Morriss, D Paul Jones, Jr & Charlene A Jones examine OFCs, where the drive to innovate is stronger than their onshore competitors because of the importance of the revenue they derive from encouraging businesses to use their services. (01/06/2013)
Hedge Funds Feel the Regulatory Pressure
  Paul Farrell, Gayle Bowen and Catherine Fitzsimons examine the changing hedge fund landscape, with increased costs, transparency, liquidity and consolidations expected to shape the next few years. (01/06/2013)
FATCA: Implications for Trusts and Trustees
  Jay Krause and Theodore Ahlgren examine the implications of FATCA regulations, which will affect virtually all non-US trust companies and many family trusts and investment vehicles. (01/05/2013)
Now Welcoming Debtors - The US as an Asset Protection Jurisdiction
  As more and more US States are adopting asset protection trust legislation, Alexander Bove examines the reasons behind this switch after 100 years of settled law. (01/04/2013)
US Regulation: What a Tangled Web We Weave
  Denis Kleinfeld examines the hard questions facing the industry in terms of compliance following the release of the final regulations on FATCA. (01/04/2013)
Swiss Fiscal Conformity – Moving With The Times
  Anton Rinderer discusses the growing issue of fiscal conformity in Switzerland, a financial jurisdiction that prides itself on its high-end brand of safety, security and efficiency. (01/02/2013)
British Offshore Financial Centres: Prospects in a Changing World
  Richard Hay examines prospects for OFCs in the face of pressure from NGOs and regulatory initatives such as FATCA. (01/12/2012)
Global Shell Games: A Mystery Shopping Experiment in Know Your Customer Standards
  Michael G Findley, Daniel L Nielson and Jason Sharman provide an in depth look at their recent research into Shell Companies and KYC standards highlighting flaws in compliance in some surprising jusisdictions. (01/12/2012)
FATCA’s impact on Caribbean Financial Businesses on the Eve of the Final Regulations
  With FATCA looming on the horizon, David Conen, KPMG examines why Caribbean IFCs can no longer simply bury their heads and must start preparing sooner rather than later. (01/11/2012)
How FATCA will Effect IFCs
  Denis Kleinfeld offers an invaluable insight into the controversy surrounding the introduction of the US FACTA and highlights what jurisdictions should watch out for. (01/09/2012)
The Impact of Obamacare on the United States
  Denis Kleinfeld comments on the potential pitfalls facing the US in light of the recent supreme court ruling on Obamacare and suggests the shockwaves may be felt elsewhere around the globe (01/08/2012)
European Union and the Hunt for the Tax Cheat – Part II
  Leo Neve examines the EU good governance package in areas such as tax transparency and aggressive tax planning. (01/07/2012)
Pigs have sprouted wings! Republic Bank & Trust Company plaintiff, v. Bear Sterns & Company, Inc. etal. Defendant - Appellees US Court of Appears, 6th Circuit 10-5510.
  Burke Files examines the recent judgement on Republic Bank & Trust which stresses the need for a thorough Due Diligence process (01/07/2012)
Should The OECD Finally Be Dissolved?
  Denis Kleinfeld goes straight for the heart in this stinging critique of the OECD and raises the question should the OECD finally be dissolved? (01/07/2012)
The Wealth Report 2012: Key Findings on the Movement of Wealth Globally
  Liam Bailey, KnightFrank, highlights the key findings from the Wealth Report 2012 and examines recent trends such as wealth moving East to Asia. (01/06/2012)
Mr Morgenthau and the Cayman Islands
  Anthony Travers, Cayman Islands Stock Exchange, responds to recent misinterpretations of the Cayman Islands tax system by former New York District Attorney, Robert Morgenthau. (01/06/2012)
FACTA Economic Perils Becoming Apparent
  Denis Kleinfeld considers the potential pitfalls countries may face complying with the US FACTA legislation. (01/04/2012)
Mr Romney and the Cayman Islands
  Anthony Travers examines the percieved bias regarding media coverage of US Republican presidential candidate Mitt Romney's Cayman Islands investments. (01/03/2012)
IRS Offers New Offshore Amnesty Program Amid Controversy
  Denis Kleinfeld examines the recent extension of the IRS voluntary disclosure program and examines its use as a revenue stream for the US Government. (01/02/2012)
US Real Estate Investment By Foreigners: Ownership Options
  With the US Real Estate Market still in a state of flux, Paula Jones examines the potential opportunities in the market and structures available for Non-Domiciled foreign investors. (01/02/2012)
International Financial Centres and the US Government
  ‘The US government has for many years taken a deep interest in IFCs, viewing them with stringent concern’ – Richard Horowitz assesses the repercussion of the US government ‘interest’ in IFCs. (01/01/2012)
Solving the Mystery of the Trust Protector
  There has been much confusion and misuse of the term trust protector, Alexander Bove examines the issues regarding the difficulty in defining the exact position and function of a trust protector. (01/12/2011)
Trusts in the context of US and UK Clients
  Elyse Kirschner and Claire Murray examine the use of trusts for wealth and estate planning on both sides of the Atlantic and how families with members in the US and the UK can avoid potential obstacles and pitfalls. (01/09/2011)
What’s going on with America today?
  Denis Kleinfeld, in his own inimitable style, assesses what went wrong in the US to result in the loss of AAA status and charts American influence on global finance. (01/09/2011)
Tax Minimisation Options for High Flyers
  Adriaan Struijk examines the interesting tax minimisation structures that can be utilised by internationally mobile airline and shipping crew. (01/08/2011)
Wealth Management – The Global Trends
  Michael Olesnicky takes a bird’s eye view of the wealth management industry and assesses the global trends and major shifts taking place within the industry (01/07/2011)
The Long Arm of the US Taxman – Foreign Trustees Take Note
  Michael Betley considers the changes in store for foreign trustees under the recently introduced Foreign Account Tax Compliance Act in the US (01/06/2011)
US Expatriation Planning: Income, Estate and Gift Tax Consequences
  Paula Jones examines the provisions governing gifts and bequests to US beneficiaries of those subject to the US HEART legislation (01/06/2011)
US Citizens Living in Canada – Cross-Border Tax Considerations
  The US income tax, estate tax, and anti-deferral regimes all pose difficulties for US citizens living abroad, Paul LeBreux and Nicholas Dancey examine the planning opportunities for US citizens living in Canada (01/05/2011)
Tax planning for US Customers: Compliance, Compliance, Compliance
  Denis Kleinfeld and Howard Fisher comment on the battle between the US government and holders of undisclosed offshore accounts and examine the details of the second voluntary disclosure program (01/04/2011)
In Search of HIRE ground: FATCA Provisions of the HIRE Act Create Extensive Compliance Burden
  Jay Krause and Chris McLemore of Withers examine how non-US investors and institutions will need to comply with the HIRE Act or consider limiting involvement with US customers and markets (01/01/2011)
Ill-Founded Criticism and the Future of the Offshore Centre
  Anthony Travers of Cayman Finance provides a forthright commentary on what he describes as the ‘misconceived’ regulatory response to the financial crisis by the US and EU. (01/12/2010)
Philanthropy – Disinheriting Children or Building Dynasties
  Blake Bromley of Benefic Lawyers considers the Gates/Buffet ‘Giving Pledge’ and examines how philanthropy and dynastic wealth planning can converge for the benefit of all concerned. (01/12/2010)
The US Virgin Islands' Economic Development Program
  Marjorie Rawls Roberts examines the US Virgin Islands’ Economic Development Program and the tax incentives it contains to attract business to the territory (01/10/2010)
Jersey: Building strong links in Greater China
  Chief executive of Jersey Finance, Geoff Cook looks at the opportunities for the island state in the new super economic powers – China and India (01/10/2010)
Death to parking ‘gray’ and ‘black’ money offshore
  Howard Fisher, Denis Kleinfeld and Alexander Fisher examine the history and consider the future of 'offshore' (03/09/2010)
The Future for Offshore Financial Centres
  L Burke Files looks at how OFCs can differentiate themselves to ensure they have the competitive edge (01/09/2010)
Bank secrecy - going, going, gone
  Alexander Bove asks is banking secrecy a thing of the past? (03/08/2010)
Scarlett letters: Investing for US clients in a post-HIRE Act world
  Jay Krause and Chris McLemore of Withers LLP examine the far reaching implications of the US HIRE Act. (02/08/2010)
Why are Americans Expatriating?
  Denis Kleinfeld considers the growing concern in the US over American expatriation. (06/07/2010)
The Complexities of Cross Border Estate Planning
  Graeme Privett of Rawlinson & Hunter looks at the complex structures involved in multi-jurisdictional estate planning (05/07/2010)
FATCA and the Taxation of Foreign Trusts and Nonresident Aliens by the US
  Henry Christensen III and Claire Murray scrutinise the implications of the latest amendments to the Obama administration's HIRE Act 2010. (07/04/2010)
GFCI 7: IFCs Rated and Ranked by IFCs
  Mark Yeandle analyses the most recent data-set published in the Global Financial Centre Index (07/04/2010)
Popping Across the Pond: Pre-Immigration Planning in the US
  Paula M Jones, Esq, on the benefits of planning ahead for a move to the US. (03/03/2010)
Practical Guide to Domestic and Foreign-Based Asset Protection Techniques
  Howard Fisher and William Norman provide a comprehensive array of foreign-based asset protection techniques, as well as the counter-techniques that estate planners and wealth managers should be aware of. (02/03/2010)
GFCI 7 Tables
  (12/02/2010)
Congressional Tax Proposals May Significantly Impact the Global Financial System
  John C Taylor and L Wayne Pressgrove on the new, Obama-backed ‘Fat Cat Provisions’ and their potential for international controversy. (03/02/2010)
Asset Protection in the United States: Financial Security in Tumultuous Times
  Prof Denis Kleinfeld on asset protection and the myth of secrecy. (03/02/2010)
A New Dawn for Alternative Assets
  Ravi Bulchandani of Barclay’s Wealth reveals why he sees plenty of scope for optimism in the alternative investment industry in this in-depth review. (12/01/2010)
International Financial Centres: Good for the Global Economy?
  Richard Hay mounts a vigorous defence of the role of IFCs in the global economy and makes clear their importance to onshore centres and regulators who would seek to dilute their effectiveness. (07/12/2009)
Topics from the Tropics
  In his inimitable style, Derek Sambrook reminds us all that civility should be a non-negotiable in business, as in life. (01/11/2009)
Rating and Ranking Global Financial Centres
  Mark Yeandle crunches the numbers on the latest set of ratings and rankings from GCFI 6, as compiled by the Z/Yen Group Limited. (01/11/2009)
The United States as an offshore asset protection jurisdiction – the world’s best kept secret
  Alexander A. Bove, Jr, Esq. highlights the considerable benefits and protections available to estate planners who settle their asset protection trust in the United States. (04/09/2009)
Tax-efficient International Philanthropy - the problem of ‘territoriality’ and some solutions
  Clive Cutbill, Partner at Withers International examines tax liability and charities (08/07/2009)
The US as a treaty partner is called into question
  US Attorney Denis Kleinfeld reveals how 52,000 Americans are suspected of hiding US$14.8 billion of wealth (08/07/2009)
Taxing times for anti-money laundering
  Marcus Killick casts an eye over a recent US senate report that, amongst other things, calls for the introduction of the Stop Tax Haven Abuse Act. (01/06/2009)
Contempt – Where the tyre meets the road in asset protection
  Denis Kleinfeld outlines why advisors need to have a full understanding of the law of contempt. (14/01/2009)
The origins of asset protection and contractual techniques.
  Howard Fisher, Denis Kleinfeld and William Norman review the origins of asset protection and considers non-entity-based techniques to protect assets. (10/01/2008)
Treaty shopping
  Binne Vries argues that it’s advantageous for practitioners to keep themselves aware of the tools available to tax authorities in targeting treaty shopping (08/01/2008)
Hedge fund regulation and the SEC
  Peter O’Dwyer assesses the SEC’s attempts to regulate hedge funds in the US (22/01/2007)
United States asset protection in the 21st century
  Howard Fisher, Dennis Kleinfeld and Alexander Fisher assess the development of asset protection strategies in the USA (16/01/2007)
Offshore trusts and estate planning – the overlooked essentials
  Alexander Bove outlines the more important considerations when designing an implementing an offshore trust (09/01/2007)