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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