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Survival of the Richest

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Finland<br />

Ownership transparency<br />

Finland does not currently have a public register <strong>of</strong> <strong>the</strong><br />

beneficial owners <strong>of</strong> companies or similar entities, but a<br />

proposal for transposing <strong>the</strong> 4th Anti-Money Laundering<br />

Directive into national legislation was given in November. 361<br />

A government-led working group has suggested that<br />

<strong>the</strong> registers would be made public in accordance with<br />

data protection legislation. This is due to <strong>the</strong> fact that <strong>the</strong><br />

information would be held as part <strong>of</strong> <strong>the</strong> national trade register<br />

that holds public data. 362 The Finnish legal system does not<br />

recognise trusts, but <strong>the</strong> draft bill requires that <strong>the</strong> Finnish<br />

trustee <strong>of</strong> an express trust registers <strong>the</strong> beneficial owners<br />

in Finland. The draft bill proposes that beneficial ownership<br />

information is included in <strong>the</strong> existing online Business<br />

Information System, which can be accessed free <strong>of</strong> charge. 363<br />

According to <strong>the</strong> 2015 Financial Secrecy Index, Finland<br />

has <strong>the</strong> lowest level <strong>of</strong> financial secrecy out <strong>of</strong> all <strong>the</strong> 18<br />

countries included in this report (ranked at number 90 at <strong>the</strong><br />

global level). 364 In o<strong>the</strong>r words, Finland has very low levels <strong>of</strong><br />

financial secrecy.<br />

Harmful tax practices<br />

According to a study on aggressive tax planning structures,<br />

Finland exhibits 12 indicators <strong>of</strong> structures <strong>of</strong> aggressive tax<br />

planning, which makes it <strong>the</strong> country with <strong>the</strong> eighth highest<br />

number <strong>of</strong> indicators in <strong>the</strong> EU (tied with Croatia). 369 Finland<br />

does not have a patent box and <strong>the</strong>re were no o<strong>the</strong>r active<br />

indicators found. 370<br />

According to data from <strong>the</strong> European Commission, Finland<br />

had 21 advance pricing agreements (or ‘swee<strong>the</strong>art deals’)<br />

in place with multinational corporations by <strong>the</strong> end <strong>of</strong> 2013.<br />

The number dropped to 15 in 2014, but increased to 24 by<br />

<strong>the</strong> end <strong>of</strong> 2015. 371<br />

When <strong>the</strong> European Commission presented its proposal for<br />

an Anti-Tax Avoidance Directive, <strong>the</strong> government’s position<br />

was lukewarm. While stating that it was in support <strong>of</strong><br />

most <strong>of</strong> <strong>the</strong> Commission’s proposal, <strong>the</strong> government also<br />

underlined <strong>the</strong> importance <strong>of</strong> protecting <strong>the</strong> competitiveness<br />

<strong>of</strong> EU corporations, and expressed concerns as to whe<strong>the</strong>r<br />

similar regulation would be imposed on multinational<br />

corporations outside <strong>the</strong> EU. 372<br />

Taxation<br />

Tax treaties<br />

Tax treaties concluded by Finland have articles along <strong>the</strong> lines<br />

<strong>of</strong> <strong>the</strong> OECD model treaty as well as along <strong>the</strong> lines <strong>of</strong> <strong>the</strong> UN<br />

model treaty. All tax treaties are subject to approval by <strong>the</strong><br />

parliament. Finland is not planning to assess <strong>the</strong> spillover<br />

effects <strong>of</strong> its tax treaties with developing countries. 365<br />

Although in <strong>the</strong> past an anti-abuse clause has not been<br />

systemically included in tax treaties, several treaties do in<br />

fact include such a clause, and <strong>the</strong> government is planning<br />

to review its approach. 366<br />

In total, Finland has 36 tax treaties with developing countries,<br />

which is below <strong>the</strong> average (42 treaties) among <strong>the</strong> countries<br />

covered by this report. The average reduction <strong>of</strong> developing<br />

country tax rates within those treaties – 4.8 percentage<br />

points – is, however, significantly above <strong>the</strong> average (3.8<br />

percentage points) among <strong>the</strong> countries covered by this<br />

report. 367 This means that Finland’s treaties have a relatively<br />

high negative impact on <strong>the</strong> tax rates <strong>of</strong> developing countries.<br />

While <strong>the</strong> average reduction <strong>of</strong> tax rates is high, Finland does<br />

not have any tax treaties that stand out as ‘very restrictive’. 368<br />

<strong>Survival</strong> <strong>of</strong> <strong>the</strong> <strong>Richest</strong> • 63

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