Offshore
EU Takes The Bahamas Off "Grey List"

The Caribbean jurisdiction is no longer on a list of places deemed not fully co-operative about tax matters. Getting off the list will be a boost as The Bahamas continues to recover from last autumn's devastating hurricane.
Following a series of reforms, the European Union has now removed
The Bahamas from a list of non-cooperative jurisdictions for tax
purposes.
This was effected by the EU’s Economic and Financial Affairs
Council after a meeting in Brussels yesterday, according to a
statement from the Central Communications Unit, Ministry of
Finance in the country.
In March last year the EU put The Bahamas - which operates under
English common law and is an independent state - on the EU’s
Annex II “the grey list”.
While being included on the list is less serious than being on
the “Annex I black list” of the EU list of non-cooperative
jurisdictions for tax purposes, the categorisation still meant
that The Bahamas was being monitored by the EU to see whether it
was putting economic substance requirements into force.
(“Substance” relates to steps that providers of entities such as
trusts and companies must show to prove that they are involved in
actual commercial/economic activity and are not just an empty
shell for tax or other purposes.)
“With today’s move, The Bahamas has addressed all of the concerns
on economic substance, removal of preferential exemptions and
automatic exchange of tax information,” the statement
said.
“This news of our removal from the EU list affirms that The
Bahamas takes its position as a global financial centre very
seriously. Coming off this list was not an easy process. We
engaged many stakeholders and executed a comprehensive strategy
to not only address the EU’s concerns but also to defend the
jurisdiction against recent attacks on the legitimacy of our
financial services business,” said Deputy Prime Minister and
Minister of Finance, Kevin Peter Turnquest.
The statement said that figures from the government’s technical
advisor team met with the EU’s Code of Conduct Group to engage in
discussions on the integrity of The Bahamas’ tax governance
measures. Most of the discussions centred on the introduction of
economic substance requirements for investment funds.
Reaction
The Bahamas Financial Services Board and Association of International Bank and Trust Companies in the Bahamas welcomed the EU’s move.
“This was done in recognition of The Bahamas having implemented all of the necessary reforms to meet the EU criteria on tax governance and tax cooperation. The move by the EU underscores The Bahamas’ commitment to adhere to global regulations and international best practices as a premiere international financial centre. The decision acknowledges that The Bahamas has implemented all the necessary reform to address concerns regarding economic substance, removal of preferential exemptions and automatic exchange of tax information,” the groups said.
The Bahamas was one of 16 jurisdictions that the EU determined had passed legislation to meet EU tax good governance principles, while four new jurisdictions were added to the list of non-cooperative tax jurisdictions, the organisations said.
Getting a clean bill of health from the EU will also be a welcome
move for a jurisdiction still coping with the devastation of last
year's Hurricane Dorian. (The publisher of this news service has
also issued a report in conjunction with The Bahamas about
its financial services offerings.)
Meanwhile, a campaign organisation that continues to condemn tax
evasion and forms of avoidance, the Tax Justice Network, has
awarded the Cayman Islands the dubious honour of being the
world’s most secretive jurisdiction. The Bahamas, a nearby
Caribbean jurisdiction, does not figure in the top ten.