IRS allows deducting expenses for conventions held in Panama

Part I

Section 274.—Disallowance of Certain Entertainment, Etc., Expenses

26 CFR 1.274-1: Disallowance of Certain Entertainment, Etc., Expenses

Rev. Rul. 2011-26

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Rev. Rul. 2007-28, 2007-1 C.B. 1039, identified each of the following jurisdictions as a beneficiary country for which there was in effect an agreement with the United States as described in section 274(h)(6)(C)(i) and for which there was not in effect a finding by the Secretary of the Treasury that the tax laws of the beneficiary country discriminate against conventions held in the United States: Antigua and Barbuda, Aruba, Bahamas, Barbados, Bermuda, Costa Rica, Dominica, Dominican Republic, Grenada, Guyana, Honduras, Jamaica, Netherlands Antilles, and Trinidad and Tobago.

Since publication of Rev. Rul. 2007-28, the “Agreement Between the Government of the United States of America and the Republic of Panama for Tax Cooperation and the Exchange of Information with Respect to Taxes” entered into force on April 18, 2011. See Treas. News Release at http://www.treasury.gov/presscenter/press-releases/Pages/tg1144.aspx (April 18, 2011). This new agreement qualifies as an agreement described in section 274(h)(6)(C)(i). Panama is a beneficiary country, and no finding is in effect by the Secretary of the Treasury that the tax laws of Panama discriminate against conventions held in the United States. Therefore, Panama is included within the North American area under section 274(h)(6) as of April 18, 2011.

Three other beneficiary countries -- the Cayman Islands, the British Virgin Islands, and Saint Lucia -- have entered into tax information exchange agreements with the United States that are not of the type described in section 274(h)(6)(C)(i) because of certain limitations in the scope or implementation of those agreements. Accordingly, these three beneficiary countries are not included as part of the North American area under section 274(h)(6). In the case of Saint Lucia, certain transition relief has been provided, as reflected in the Holding below.

HOLDING

For purposes of determining whether deductions are allowed for expenses incurred in connection with a convention, the following areas are included in the North American area as of the effective date of section 274(h) except as otherwise indicated:

Panama April 18, 2011

Full text in http://www.irs.gov/pub/irs-drop/rr-11-26.pdf

Forex companies are now subject to special licenses

The law which overhauls securities legislation has closed the loophole which allowed forex companies oto set up shop in Panama. Effective March 1, 2012, all forex companies - whether they operate inside or outside of Panama - are required to apply for a brokerage house ("casa de valores") license granted by the new Superintendent of Securities.

The abuse by several forex operators was brought to the attention of the authorities which reformed Law Decree 1 of 1999. While forex futures and options could only be traded by licensed companies, spot and cash operations were exempt from licenses. Fines for engaging in forex operations without a license are now of at least US$1,000,000.

Article 44 of the reform defines Forex activity as the operation of buying and selling coins and currency at a price or exchange rate (Foreign Exchange Market) on a recurring basis, and authorizes the Superintendent to develop procedures and special requirements and technology that the brokerage houses should maintain for the exercise of this activity. Some exceptions from the compulsory licensing are granted to government transactions.

Agreement 2 of 2004 has the requirements for the brokerage house and now the forex license. Applicants must have a paid-in capital of US$150,000, as well as:
1. Be exclusively dedicated to activities related to the broker-dealer house business.
2. Articles of Incorporation which have a corporate purpose adequate to the activities related to the broker-dealer house business and social capital of at least US$150,000 in registered shares.
3. A Board of Directors or its equivalent composed by at least three individuals (no corporate directors), all of them individuals of "proven business and professional integrity. At least one third of the members of the Board of Directors shall also possess knowledge and experience in subjects related to the stock markets or the financial sector in general.
It shall be understood that individuals with a record of respect for the commercial laws and other laws regulating the economic and business activities, as well as good business and financial practices, possess commercial and professional honorability. In any case, it shall be understood that individuals lack such honorability, when the individual is under one of the causes of incompetence to hold offices, pursuant this Agreement. Only individuals who have performed duties as principal executives or other similar responsibilities in other public and private entities for a period of at least 2 years, are deemed to have appropriate knowledge and experience.
4. Have the number of principal executives that the broker-dealer house business volume requires, who must have the corresponding licenses issued by the Commission. Every broker-dealer house must at least appoint one person as Principal executive.

The 2001 Supreme Court Schedule sets attorney fees for this type of license application of at least US$5,000. Registration fees for a brokerage house are of US$5,000. On a yearly basis a supervision fee must be paid to the Superintendent equivalent to 0.0025% of yearly trades (min $5,000.00 max. $100,000.00).

See http://mypanamalawyer.blogspot.com/2008/12/making-your-panama-investment-safer.html

Hilton Hotels announces return to Panama

Hilton Hotels Corporation announces return to Panama with four properties
May 18, 09 1:54 am
Hilton Hotels Corporation announces its return to Panama with the signing of four multi-year agreements in Panama City, Panama: two management agreements for a brand-new Hilton and new build Embassy Suites by Hilton hotel, one franchise agreement for a Doubletree by HiltonTM conversion and one franchise agreement for a newly built Hilton Garden Inn. Each hotel will represent the first in the country for each brand.
"We are truly excited about these developments in Panama City and being back in such a great city," commented Daniel Hughes, senior vice president of operations, Caribbean, Mexico, and Latin America, for Hilton Hotels Corporation. "These newest additions reinforce our commitment to add a number of properties to our Central America portfolio and to have a presence in one of the region's fastest growing destinations. We're looking forward to being part of a thriving city that continues to offer some of the best tourist attractions in the region."
The 351-room Hilton Panama will be a first class property developed by Star Bay Group, Inc., and Hilton Hotels Corporation will operate the hotel under the terms of a multi-year management agreement. Led by F&F Properties and its president Saul Faskha, construction of the Hilton Panama has begun and completion is scheduled for 2011. Located in Panama City's financial district, the hotel marks the Hilton brand's return to the capital. Just 13 miles from Tocumen International Airport and five miles from the Panama Canal, the Hilton Panama will boast an array of recreational facilities including an 8,200 square-foot fitness center, a 10,750 square-foot world-class spa, outdoor terrace swimming pool, and a Las Vegas-style casino. The property will have more than 22,000 square feet of meeting space, including a 7,500 square-foot ballroom. Dining options will include an upscale specialty restaurant, a three-meal restaurant with outdoor terrace and ocean views, and lobby bar. The 27-floor hotel will form part of a 68-floor mixed-use complex with 650,000 square feet of office space.
The Embassy Suites by Hilton Panama City will be developed by Sabadell Investment Inc. and Hilton Hotels Corporation will operate the hotel under the terms of a multi-year management agreement. Construction of the 306-room upscale, all-suite full service Embassy Suites by Hilton Panama City is scheduled to begin in 2009 with an estimated completion date of October 2011. Located in the prime financial district of Panama City, the hotel is approximately 12 miles from Tocumen International Airport and will feature a number of recreational facilities including fitness center, spa, outdoor swimming pool, gift shops, and casino. The property will offer a business center and more than 15,500 square feet of meeting space, including a 12,750 square-foot ballroom. Dining options will include a signature restaurant, a lounge bar, complimentary breakfast and evening reception area, and Flying Spoons outlet. The 21-floor hotel will be part of 71-story building with premier office space.
The Doubletree by Hilton Panama City will be developed and operated by Blue Star Hospitality, S.A., under a franchise agreement with Hilton Hotels Corporation. The 213-room property is undergoing an extensive renovation to re-brand as a Doubletree by Hilton hotel in Spring 2010. The eight-story hotel is strategically located at one of the city's most important intersections in the business district - Via España and Avenida Federico Boyd - across from the architecturally striking Iglesia del Carmen. The Doubletree by Hilton Panama City will offer a rooftop fitness center, pool and spa, retail outlets, 2,000 square feet of meetings space, and a full-service restaurant.
Developed by Metropolitan Hotels SA, the Hilton Garden Inn Panama will feature 163 spacious guestrooms and seven suites offering the Garden Sleep System® bed; ergonomic Mirra® chair by Herman Miller; complimentary wired and Wi-Fi high speed Internet access; high definition flat screen television; MP3 capable clock radio. The hotel also features a complimentary 24-hour business center; a comfortable lounge area to enjoy a cup of coffee in the morning or unwind at the end of the day with a refreshing beverage; and a total of 160 square meters of flexible meeting space -- ideal for business meetings, social events and wedding receptions. For dining options, the hotel will feature the Great American Grill® restaurant offering freshly prepared breakfast and dinner; evening room service and the 24-hour Pavilion Pantry® convenience mart with a selection of beverages, snacks, and sundries. Recreational facilities at the hotel will include an outdoor rooftop heated whirlpool; complimentary fitness center featuring Precor® cardio and strength equipment; and Stay Fit Kits® that can be checked out from the hotel front desk and enable guests to do yoga, Pilates and core workouts in the privacy of their guestroom or in the workout facility.
All properties will participate in Hilton HHonors®, the only guest rewards program that allows members to earn Points & Miles® for the same stay and redeem points for free nights with No Blackout Dates.
Ted Middleton, senior vice president, development, the Americas, for Hilton Hotels Corporation commented, "Hilton's expansion in Panama City is part of our overall plan to grow our portfolio of properties in the Caribbean and Latin America. Owners and developers understand the value of our brands and we are very optimistic about our growth opportunities in the region."
Panama City is the political and cultural center of Panama, and the financial center of Central America. Located at the Pacific entrance of the Panama Canal, the city is well known as the home of some of the tallest skyscrapers in Latin America. Tourists can explore a variety of attractions including the famous Bridge of the Americas spanning over the Panama Canal, tropical forests, and the city's old quarter featuring a waterfront promenade, theaters, museums, restaurants, and the presidential palace.
Full text in http://ehotelier.com/hospitality-news/item.php?id=A16245_0_11_0_M

London, the citadel of the offshore world

Why bother with black lists and immobilization of bearer bonds in BVI and other countries? You can get bearer shares from United Kingdom Limited Liability entities and be welcome by tax authorities and banks in most countries which have black lists copied verbatim from the France-based OECD.

The final irony is that Panama and the United Kingdom will start negotiations for a double-taxation agreement http://www.prensa.com/uhora/economia/panama-negocia-mas-acuerdos-para-dejar-de-ser-considerado-un-paraiso-fiscal/40666

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LONDON, THE CITADEL OF THE OFFSHORE WORLD

The modern offshore company, which began its all-conquering journey in the islands which once formed the British Empire in the 1970s and 80s, can justifiably be described as an English invention. At that time, it was also possible to incorporate so-called "non-resident" companies in England, which, if managed from outside of the United Kingdom, were not subject to taxation in England, although even then London could never have been described as a classic offshore zone.

This possibility ended in the early 90s, but, England, and in particular, London remained an extremely popular place for the incorporation of companies, for both English and foreign businesses alike. Numerous businessmen chose to incorporate in London; Companies House now boasts a register with over three million companies, ranging from small business to multinational companies. So what makes people want to incorporate in London?

The tax advantages related to English companies

The above shows quite clearly that English companies cannot be categorized as traditional tax-free companies, and in fact they are quite the opposite. How, therefore, can English companies be used advantageously in international business transactions? The following section shows just two of the possible uses.

Trading company for nominee purposes.


Blacklists have meant problems for a large number of offshore companies, particularly those providing services. One very efficient way of overcoming this problem is by using an English company, which concludes a special contract with the offshore company, which may be incorporated in a traditional offshore zone such as The Bahamas, BVI or Belize. According to the terms of the contract, the English company concludes contracts with foreign partners on behalf of the offshore company, prepares invoices for the total amount of the services provided, and receives full payment into its bank account, although the offshore company actually provides the services. Periodically (as defined in the contract between the English and offshore companies), the English company is entitled to an agency fee of between 5 & 10 % of the value of the contracts concluded. The English company must declare this income and pay tax accordingly, whereas, the remaining 90-95 %, is transferred to the account of the offshore company, as set down in the contract. An offshore company is subject to tax in England on income with an English source. Although the offshore company operates through an English resident company, the actual source of the income is not England, but the foreign partner. At the same time, it is an important condition that the offshore company should be managed from outside England, and that the directors, shareholders and bank account signatories of the offshore and English companies should not be the same people.

Dual resident companies

An English company must be classified as resident in England if it was incorporated in England and/or the majority of the directors are resident in England and manage the company from England. However, according to the agreements made by England for the avoidance of double taxation (DDTs) it is possible for a company to be resident in two or more places, if, for example, it is managed from a different company. Such companies are known as "dual resident companies". As long as the company is managed from a country which is protected by a DDT, then the company can apply to the English tax authorities to be taxed in that country rather than in England. And if that country has more favorable rates of taxation, then it is worth operating the company as a dual resident company. Currently, the most attractive jurisdiction with which England has signed a DDT is Cyprus. According to Cypriot law, if a company, or a branch of that company, operates outside Cyprus, then that branch is subject to the 4.25% profit tax of the worldwide income. The English company becomes resident in Cyprus by establishing an offshore branch there. The majority of the directors of the English company must be Cypriots and all the decisions relating to the running of the company must also be managed from outside England, preferably from Cyprus. Similarly, the company must not receive income from English sources. This is all the more problematic as activities carried out in England are subject to VAT. Dual resident companies must file annual returns in both Cyprus and England, but can also take advantage of the DDTs signed by Cyprus.

This information is not intended and should not be construed as concrete tax advice. Should you wish to make use of one or any of the structures mentioned, we recommend that you consult your personal tax adviser, as well as experts on the legal systems of all the countries involved.

Source: LAVECO brochure. Extract posted with thanks to N. Remé (Humboldt-Universität zu Berlin, EJP).
Photo: UK Inland Revenue offices

Former strongman returns to Panama "largely irrelevant"

PANAMA CITY, Panama - More than two decades after the U.S. forced him from power, Manuel Noriega returned to Panama on Sunday as a prisoner and, to many of those he once ruled with impunity, an irrelevant man.

Some Panamanians feel hatred for the former strongman and rejected American ally; a few others nostalgia. But as he returned to his native country for the first time since his ouster, it seemed like few people had any strong feelings at all.

Full text in http://www.newsday.com/news/nation/noriega-returns-to-panama-a-largely-irrelevant-man-1.3381838

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Noriega was convicted in absentia in three homicide cases involving 11 murders, including the 1985 beheading of Hugo Spadafora, a physician who threatened to reveal Noriega's drug ties, and the 1989 execution-style slaying of nine officers who staged a failed coup.

Sentenced to 20 years in each case, he will serve the terms concurrently. Official photographs of the facility prepared for him at the El Renacer prison showed a spartan, beige-painted cell with a bathroom, table and small bed.

Noriega will also face charges over the 1970 murder of Heliodoro Portugal, an opponent of Panama's military leaders.

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Panamanian media showed images confirming the imprisonment of the former strongman, while pointing out at the cameras.

Las Uvas: The town that only exists in paper

WHO LIVES IN THE 54 HECTARES TITLED BY ANATI?

The desolate lands in coveted Juan Hombrón
R. M. KOSTER
periodistas @laestrella.com.pa


Before the coastal peninsula became a public issue, 'La Estrella' visited it twice in three years and found no traces of human life in the place

12.07.2011 Title resolutions issued by the Ministry of Finance for the twelve corporations listed 45 people. The vast majority alleged land holders, the others, witnesses, 'who have declared under oath that they are residents and residents of the community in Juan Hombrón Las Uvas, district of the chiru, a district of Antón, Cocle province '.

In almost all cases the residence period exceeds 20 years. In no case is less than five.

I tried to visit the community of Las Uvas three years ago, on November 13, 2008 to be exact. A few miles west of Rio Hato is a stone path that runs from the Panamerican highway to the sea, where the five or six houses of Juan Hombrón are.

If the tide is low, the peninsula can be reached on foot or by car.

I drove along its length. A group of investors were attempting to obtain title land which rights of possession they had bought from some fishermen, and I researched for La Estrella.

I found a strip of sand, half covered on the lagoon side of the scattered scrub. Aside from insects, crabs and birds, it was empty of animal life, and the only trace of human life were a couple of decaying ranches, rotting from rust.

I could not visit the community because there was none! although 45 people have said, 'under oath', who resided in it when I visited the peninsula.

In January this year, the 28th, two journalists from La Estrella went there. Cortez Zelideth reporter and photographer Luis Garcia.

They found the same as me, except that now there are three ranches. Apart from the two and their guides, no one was there.

What would have happened to the 45 residents? Could it be that, on both occasions, they were all on vacation.

Residents often have residences. What has happened to them? Neither I nor Luis Zelideth not see nothing worthy of appeal. Perhaps the residents, such as snails, had brought, or penalty of perjury may not weigh much in the Las Uvas, as elsewhere.

Zelideth and Luis spoke with some of the persons mentioned in the land title resolutions.

They live near Anton, several miles from Las Uvas. They said that sometimes, when fishing, they spend the night in Las Uvas.

It may be true, although it would have been necessary to bring drinking water, for on the peninsula there is not a drop. You may tell the truth, but spending a night in a place from time to time is something different from what the alleged inhabitants of Las Uvas declared "under penalty of perjury ', and gives no possessory rights over anything.

Some of the people mentioned in the resolutions have the same names and identification numbers that they sold their alleged possession rights to the group of investors that I researched in 2008. I do not blame them at all. There are wealthy bums who make their land scams, it is fair that poor people take something, and the most they got was a few thousand dollars.

A funny thing happened when the group tried three years ago to obtain title in Las Uvas. A real estate broker named Jimenez sent an e-mail to Mr. Steve Guthrie, Denver, United States, secretary-treasurer of Grand Panama International, offering lots at bargain prices. 'He wanted to sell land that we had bought from Mr. Lucom and for which we had paid half a million dollars!' said Guthrie.

"That lagoon is where we thought of putting the marina, and without those miles Santa Monica beach is unfit for the project."

RANCHES. In Juan Hombrón (Las Uvas), the houses look more like ruins. Photo: Luis Garcia | La Estrella

http://laestrella.com.pa/online/impreso/2011/12/07/las_desoladas_y_codiciadas_tierras_de_juan_hombron.asp

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54 hectares of Juan Hombron (in Spanish)
New suit alleges RICO conspiracy
Las Uvas: Fever in the coast
Latin America's First "Branded City" Planned for Panama Gold Coast


View Larger Map


August 6, 2011, decision by Justice Oyden Ortega
September 30, 2011, clarification by Justice Oyden Ortega
Grand Panama International et al vs. Hacienda Santa Monica, S.A,, ... Interplus Inversiones Internacionales S.A.; Interplus Panama, S.A., complaint by company Lucom promised to sell his property to.

French minister causes suspension of contract

Panama's government has suspended a contract with French credit insurance giant Compagnie Francaise DAssurance Pour le Comerce Extérieur (Coface) to finance part of a project to build the first line of its subway, after French Minister Valérie Pécresse persisted in including Panama in France's list of tax havens, despite the signing of a double-taxation agreement by both countries.

The actions by the Minister prove that the entire "tax transparency" campaign by European countries is a scam that will only end until Caribbean financial centers are reduced to banana and sugar cane exporters as in the 18th century. No matter how many tax agreements are signed, or laws changed, there will always be some new "black list" that international financial centers (except those in Europe) are deemed to be included in.

The Comunique of the Panama Ministry of Foreign Relations states in its draft translation:

Posted on Sunday, November 27, 2011 in Information
COMUNIQUE

Panama has made notable and recognized efforts to update the rules governing our financial sector, including the signing of 12 Double Taxation Treaties that have allowed us out of the OECD's gray list.

Statements French Minister of Budget and Public Accounts, Valérie Pécresse, just days after the interview between the President of the Republic, Ricardo Martinelli and French President Nicolas Sarkozy contradict what was agreed between the two Presidents.

We call on France to ratify promptly the Double Taxation Agreement signed with Panama last June 30 which was ratified by Panama in October.

We are confident that when France ratifies this treaty, as promised by President Sarkozy to President Martinelli French animosity against Panama on this issue will disappear.

Panama's sovereign decision to refuse services COFACE the French company, is a measure backed by Panamanian Law 58 of 2002 adopting retaliatory measures in case of foreign discriminatory restrictions against the Republic of Panama.

We had already warned would take action against repeated verbal attacks on our financial system in international forums by countries whose companies, in parallel, seek to participate in the huge public investments in our country forward.
http://www.mire.gob.pa/noticias/2011/11/27/comunicado

Earlier this month, Panama's Foreign Minister Roberto Henriquez had called the G20 hypocrites after including Panama again in their list of tax havens, despite having signed the 12 Double Taxation Agreements required by the OECD. http://www.telemetro.com/noticias/2011/11/07/84789/panama-califica-actitud-hipocrita-posicion-g20

According to La Estrella, Minister Pecresse made a Sunday call to the Panamanian Treasury Minister De Lima sayins that an emissary would fly into Panama to clarify matters. http://www.laestrella.com.pa/online/noticias/2011/11/28/francia_se_retracta_luego_de_acciones_de_panama_contra_coface.asp

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COFACE Risque pays et études économiques > Panama
http://www.coface.fr/CofacePortal/FR_fr_FR/pages/home/os/risks_home/risques_pays/fiche/Panama?extraUid=571911

COFACE dans le monde
http://www.coface.com/CofacePortal/ShowBinary/BEA%20Repository/AR/es_ES/pages/home/wwa/gt/memoria/_docs/coface_es.pdf

Terms of the Panama-US Trade Promotion Agreement

The ratification by the US Congress of the Panama-US Trade Promotion Agreement ends a long 8-year negotiation process with several ups and downs. La Prensa provides a summary of the terms and history of the Agreement.


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