A legal loophole that has made Scotland a soft-touch for
international money-launderers and tax evaders, according to critics. The
legislation governing SLPs date from 1907. The English and Scottish Law
Commissions recommended reform as far back as 2003 but no action has been taken
by successive UK governments since.
Scottish limited partnerships (SLPs), The Herald revealed,
are being marketed across Eastern Europe as tax avoidance vehicles. They are
promoted across Eastern Europe as "Scottish zero-per-cent-tax
companies" in the "Scottish offshore zone". This is because -
unlike English partnerships - the Scottish firms do not have to provide
financial reports or register for tax if it conducts its business overseas. Such
firms - often registered in unglamorous housing schemes - were used as part of
an alleged elaborate scam to loot $1bn from Moldovan banks.
The number of SLPs has more than doubled since 2009 on the
back of a booming Scottish cottage industry creating them for foreign
investors, especially from the eastern and south-eastern edges of the European
Union. Capital flight, legal or illegal, is a huge issue in the former Soviet
Union. Nearly $60bn left Russia alone in 2015. And that was a huge improvement
from from than $150bn in 2014.
SLPs are now part of a range of offshore products that law
enforcement experts say can be exploited to funnel money out of some of
Europe's poorest nations. A classic scheme sees an SLP set up with two
shareholders or "members" which are themselves companies based in
Panama and the British Virgin Islands, where corporation tax is zero per cent. The
resulting SLP carries the kudos of a "British" company and can open a
bank account elsewhere, such as Cyprus or Latvia, but has no need to register
for UK tax or provide full financial accounts in Scotland. Such a firm can then
be used to move money from east to west without attracting the attention of
officialdom.
One typical Russian-language advertisement for SLPs offers
partnerships, complete with "nominal" or front-man shareholders and a
Scottish legal address, for just 2000 Euros. The whole process takes just seven
weeks. Another firm, with addresses in England, Cyprus and Russia says it can
provide an off-the-shelf "ready-made" SLP in half an hour. The advert
says SLPs are an "ideal solution for any investor who wants to work with a
company registered in the European Union but at the same time exploit a
tax-free instrument".
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