Seychelles added to EU list of non-cooperative jurisdictions for tax purposes |18 October 2023
Seychelles has been added to the European Union list of non-cooperative jurisdictions for tax purposes, according to a press communique released yesterday by the Council of the European Union.
Seychelles was joined by American Samoa, Antigua and Barbuda and Belize to bring to 16 the number of countries on the European Union (EU) list of non-cooperative jurisdictions for tax purposes. The other countries are American Samoa, Anguilla Bahamas, Fiji, Guam, Palau, Panama, Russia, Samoa, Trinidad and Tobago, Turks and Caicos Islands, US Virgin Islands and Vanuatu.
According to the council, these jurisdictions are not yet cooperative on tax matters and it invited them to improve their legal framework in order to resolve the identified issues.
Meanwhile, three jurisdictions were removed from the list: British Virgin Islands, Costa Rica and Marshall Islands.
This EU list of non-cooperative tax jurisdictions includes countries that either have not engaged in a constructive dialogue with the EU on tax governance or have failed to deliver on their commitments to implement the necessary reforms. Those reforms should aim to comply with a set of objective tax good governance criteria, which include tax transparency, fair taxation and implementation of international standards designed to prevent tax base erosion and profit shifting.
The code of conduct group (business taxation), the council body which prepares the updates of the list, is cooperating closely with international bodies such as the OECD Forum on Harmful Tax Practices (FHTP) to promote tax good governance worldwide.
In this round of the EU list update, the council added three jurisdictions – Seychelles, Antigua and Barbuda, and Belize – to the list after they were all found to be lacking with regard to the exchange of tax information on request.
British Virgin Islands was removed from the list as it has amended its framework on exchange of information on request and will be reassessed in accordance with the OECD standard. Costa Rica was delisted because it has amended the harmful aspects of its foreign source income exemption regime. Marshall Islands was delisted as it has made significant progress in enforcement of economic substance requirements.
In addition to the list of non-cooperative tax jurisdictions, the council approved the usual state of play document which reflects the ongoing EU cooperation with its international partners and the commitments of these countries to reform their legislation to adhere to agreed tax good governance standards. Its purpose is to recognise ongoing constructive work in the field of taxation, and to encourage the positive approach taken by cooperative jurisdictions to implement tax good governance principles.
Four jurisdictions were removed from the state of play document. Jordan and Qatar fulfilled their commitments by amending a harmful tax regime. Montserrat and Thailand fulfilled all their pending commitments related to country-by-country reporting of taxes paid.
The EU list of non-cooperative jurisdictions for tax purposes was established in December 2017. It is part of the EU’s external strategy on taxation and aims to contribute to ongoing efforts to promote tax good governance worldwide.
Jurisdictions are assessed on the basis of a set of criteria laid down by the council. These criteria cover tax transparency, fair taxation and implementation of international standards designed to prevent tax base erosion and profit shifting. The chair of the code of conduct group conducts political and procedural dialogues with relevant international organisations and jurisdictions, where necessary.
Work on the list is a dynamic process. Since 2020, the council updates the list twice a year. The next revision of the list is scheduled for February 2024.
Compiled by Gerard Govinden