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New regulations will help track down US tax evaders

Finance Minister Dr. Grant Gibbons told the House that when Bermuda received beneficial treatment under the Bermuda Tax Convention, the other part of the deal was that it would help the Americans when they requested information on tax evaders.

Bermuda were passed yesterday.

Finance Minister Dr. Grant Gibbons told the House that when Bermuda received beneficial treatment under the Bermuda Tax Convention, the other part of the deal was that it would help the Americans when they requested information on tax evaders.

Although the legislation for the tax treaty was passed in 1986, there had only been 21 requests for information from the US Government to date, Dr. Gibbons said.

And only recently was it felt necessary to pass regulations to formally provide for how that information could be obtained.

The act was very specific about who could request information, and it allowed the Finance Minister to determine whether the information sought was "relevant and necessary for the determination of US tax liability,'' Dr.

Gibbons said.

This was important, because Government did not want the Americans engaging in "fishing expeditions.'' The regulations would provide for information to be obtained in two ways: by examination of witnesses, and by documents or affidavits, he said.

The Minister is empowered to appoint an examiner. The regulations also provide for legal representation for the person being examined, the right to object to certain questions, and the right to have a court determine whether the objection is justified.

Fees are allowed, but all of them fall on the US Government, not Bermuda, Dr.

Gibbons said.

The examiner reports to the Finance Minister, who then passes the information on to the Americans, if he determines it is relevant.

Shadow Finance Minister Mr. Eugene Cox noted that Dr. Gibbons was new in his portfolio and asked that in future he give explanatory information in advance of bringing forward such bills.

With the act passed in 1986, the regulations were "long overdue,'' Mr. Cox said.

He wondered whether the regulations would play any part in detecting money laundering.

Minister of Information and Technology Mr. John Barritt said the regulations were "vitally important for our reputation,'' and "also give people the comfort that they will be treated fairly. Now, "they will know what the rules are,'' he said.

In response, Dr. Gibbons said "the essence of these regulations really is to provide a means whereby the US Government...would be allowed to follow up on its individuals and US taxpayers who may have been suspected of either criminal tax liability or tax liability which they had not fulfilled.

"Some of these individuals might by coincidence be involved in money laundering, but the act and regulations are not targeted at that.'' Bermuda had other laws in place and in the works to address money laundering, he said.

The regulations were passed without objection.