UPDATED: BVI added to EU tax ‘black list’ for first time; Barbados, Jamaica removed

By MERRICK ANDREWS, Online News Editor

(JTV News) — While Barbados and Jamaica were removed, the British Virgin Islands (BVI) was added on Tuesday to the European Union (EU) list of non-cooperative jurisdictions for tax purposes – the first time the territory was added to this ‘black list’ or ‘list of tax havens’.

The BVI was among four countries added on Valentine’s Day. The others were Costa Rica, the Marshall Islands, and Russia.

“British Virgin Islands are listed because they were found not to be sufficiently in compliance with the OECD standard on exchange of information on request (criterion 1.2). This is the first time this jurisdiction is listed,” the Council of the EU said in a press release on Tuesday, adding that it continues to promote “fair tax competition and address harmful tax practices”.

The BVI government responded Tuesday, stating in a press release that legislative changes — including BVI Business Companies Amendment Act 2022, and BVI Business Amendment Regulations 2022) made in 2022 and which came into force on January 1, 2023 – are evidence that steps have been put in place to meet requirements set out by the Organisation for Economic Co-operation and Development (OECD) Global Forum on Transparency and Exchange of Information for Tax Purposes as part of its Peer Review Process.

“These key legislative developments were not recognised in the most recent OECD Peer Review rating given to the BVI in November 2022, which moved BVI from ‘largely compliant’ to ‘partially compliant’. As a ‘largely compliant’ rating is one of the criteria that determines the “EU List of Non-cooperative Jurisdictions for Tax Purposes” (EU List), the BVI has been added to Annex I as a formality and matter of process.

“As such, the BVI Government has requested that a supplementary review be granted by the OECD Global Forum that will more accurately reflect the BVI’s current legislative status. Following a supplementary review, the BVI is hopeful that a ‘largely compliant’ rating will be reinstated. This should then ensure the BVI is moved back to Annex II of the EU List, reflecting jurisdictions that have committed to implementing reforms,” the release further stated.

Adding the four jurisdictions, has now swelled the list to 16. The other 12 are: American Samoa, Anguilla, Bahamas, Fiji, Guam, Palau, Panama, Samoa, Trinidad and Tobago, Turks and Caicos Islands, US Virgin Islands, and Vanuatu.

“The Council regrets that these jurisdictions are non-cooperative on tax matters and invites them to improve their legal framework in order to resolve the identified issues,” the release said.

Minister for Finance of Sweden, Elisabeth Svantesson, “warmly congratulate” North Macedonia, Barbados, Jamaica and Uruguay as they “successfully fulfilled their commitments” and could be removed from the state of play document, the release stated.

According to the Council, the EU list of non-cooperative jurisdictions for tax purposes was established in December 2017 — 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. 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 October 2023.

“The Council’s decisions are prepared by the Council’s code of conduct group which is also responsible for monitoring tax measures in the EU member states,” the release further stated.