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ARTICLE · 08 JANUARY 2013

Tax Haven Jurisdictions - Haven Or Hell?

Although internationally adopted, the expression "tax haven" has not been used in the Brazilian applicable legislation.

BrazilTax

I. Introduction

Although internationally adopted, the expression "tax haven" has not been used in the Brazilian applicable legislation. Brazilian regulatory authorities do not like offshore jurisdictions, considered as "tax havens", because they believe that these jurisdictions have been misused in general with the specific purpose of  (i) avoiding the payment of local taxes and/or (ii) not disclosing the identity of the true beneficiaries of the assets (which could be Brazilian residents pretending to be foreign investors just to avoid the reporting and other compliance requirements) and many times to facilitate transactions which would be regarded as questionable or illegal in the jurisdiction of domicile of the true beneficiaries. The fact is that the traditional offshore jurisdictions, the so-called "tax haven jurisdictions", have a bad image in many countries and not only in Brazil.

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