A former client of the accounting giant KPMG says a tax dodge that involved wealthy people gifting their money to an offshore jurisdiction was a "facade" designed to hide money from the taxman.
The client, who spoke to CBC's the fifth estate and Radio-Canada's Enqute on the condition of anonymity, says KPMG made him sign a confidentiality agreement that prevents him from speaking publicly about the tax dodge.
In an exclusive interview to be aired Friday on the fifth estate documentary "The Untouchables," the former client says KPMG insisted on secrecy when it was promoting the tax avoidance scheme to wealthy Canadians as far back as 1999.
Documents obtained by the fifth estate and Enqute show 21 "high net worth" Canadian families signed up for the massive tax dodge from 1999 until 2012 when it was first detected by CRA auditors a scheme that deprived the federal treasury of tens of millions.
The KPMG tax dodge stirred controversy last spring when it was revealed the Canada Revenue Agency offered a secret amnesty to the accounting firm's clients who had been caught using the scheme.
The amnesty offer, leaked to CBC News in a brown envelope, granted KPMG clients "no penalties" as long as they paid back taxes and modest interest.
As a condition of the May 2015 amnesty offer, the CRA itself demanded that KPMG clients not talk about it in public.
Until now, no KPMG client has spoken out about their role in the scheme.
The client says the tax dodge was based on a simple if fictitious idea that "high net worth" clients give away their fortunes to an Isle of Man shell company. The money would be invested offshore and would be returned back to Canada, again untaxed, also as a so-called gift.
"So basically, I escaped the entire tax circle," the ex-client said.
Today, the client, who paid KPMG $100,000 to set up the Isle of Man tax dodge, says the "gift" was pure "fiction" and that, in reality, he never gave anything away.
"I still have absolute control over my money," he said. "The rest was just a facade... Everything else, every bit of piece of paper, everything is window dressing to create the appearance of 'I don't have control over this,' but in fact I do."
He says KPMG told those involved to keep quiet about their involvement.
"They're just going to keep their lips shut tight," he said. "How's Canada Revenue Agency going to detect it?"
In a written statement to the fifth estate, KPMG says it "emphatically" disputes the ex-client's claim.
KPMG says its offshore structure complied with "all laws" in Canada and was carefully reviewed by senior executives at the firm before it went ahead.
"Clients were explicitly told that they were giving up control of the assets," KPMG said. "To our knowledge, no member of KPMG would or did provide any advice or instruction to the contrary."
As a condition of the May 2015 amnesty offer, the Canada Revenue Agency demanded that KPMG clients not talk about it in public. (Sean Kilpatrick/Canadian Press)
Still, the former client insists that's exactly what he was told, in private.
"Nobody gives away $20 million to an Isle of Man company and says: 'Hey, I busted my ass for 20 years to make it, but you know what, I'm feeling generous today so you can have it all, no strings attached.' I don't think so, not for a 100 grand cheque that you just wrote to KPMG."
In court documents, the Canada Revenue Agency has also alleged that the KPMG scheme was a "sham" that "intended to deceive" the federal treasury.
the fifth estate/Enqute investigation also looks at how much money KPMG made from its tax scheme.
The accounting giant is coming under scrutiny for its testimony before the House of Commons finance committee last spring.
The committee, which had begun a probe into why the CRA offered amnesty to those wealthy clients, called KPMG's former global head of tax, Gregory Wiebe, as its first witness.
Gregory Wiebe, former global head of tax for KPMG, testified at the House of Commons finance committee there were 16 'implementations' of the scheme. (Parliament of Canada)
MPs wanted to know exactly how much money KPMG itself made from running the offshore tax dodge.
Wiebe testified that the "total revenue" that KPMG received from the tax scheme was a $100,000 start up fee for each client.
"It was a fixed fee per implementation, it was not a contingent fee or whatever," Wiebe told MPs.
In other words, the firm did not earn fees based on the taxes dodged by their clients.
However, new records in a Vancouver court action appear to show KPMG made far more money off the scheme than they told the House of Commons committee.
Documents filed in the Tax Court of Canada in January show that one wealthy family stated they paid a yearly fee to KPMG "based on" their "annual tax savings."
In that one case alone,KPMGearned additional annual payments that totalled $300,000 over several years,according to the documents.
In a statement to CBC News, KPMG says those court documents filed in the Vancouver tax court case contain unproven court allegations.
"[KPMG] provided accurate information to the finance committee on this point and on all other points in his testimony."
KPMG may also have understated the number of offshore companies it set up for Canadian multimillionaires and billionaires, according to the fifth estate/Enqute investigation.
Wiebe testified at the finance committee there were 16 "implementations" of the scheme.
However, using search techniques the fifth estate and Enqute developed using the Isle of Man's public registry, journalists found five additional structures set up for wealthy Canadian families.
KPMG now says it did create those five structures, but didn't mention those numbers to the finance committee because those clients "aborted" their involvement in the scheme before they dodged any taxes.
Sherbrooke University tax Prof. MarwahRizqy says KPMG should have included those additional Canadian families in its totals to the finance committee and to the Canada Revenue Agency.
"It's very important to disclose that type of information," Rizqy said. "Here we're talking about a tax structure, about the intention to evade tax. The CRA can go and investigate these families and see if they actually did something else."
Marwah Rizqy, a tax professor at Sherbrooke University, says KPMG should have disclosed the five additional tax structures to authorities. (CBC)
Rizqy says KPMG's testimony before the committee is concerning.
"There's a lack of credibility here," Rizqy said. "They misled the Parliament, they also misled Canadians."
The inquiry was abruptly halted last June after KPMG lawyers sent a letter to MPs on the finance committee.
Lawyers for the accounting firm complained that it would be "fundamentally unfair and improper" for the inquiry to hear from tax experts critical of the offshore scheme amid ongoing court cases.
Critics pointed out that KPMG only sent the letter to the finance committee after its former head of global tax, Wiebe, had already given his side of the story.
Rizqy, who has reviewed internal KPMG and other court documents in the Isle of Man scheme, questions why the federal government continues to do business with KPMG in light of the revelations.
The firm was brought in to audit the F-35 fighter jet spending, as well as Senate travel expenses, for example.
In 2016, the federal government gave KPMG at least $9 million in contracts, according to Public Services and Procurement Canada. During the previousgovernment, KPMG was given more than $80 million in government contracts.
"It doesn't make any sense," Rizqy said. "I mean if on one hand we know that you're promoting tax shelters, you should be banned to be part of any public contract. I think it's the time to ask KPMG to step aside from every public contract."
Rizqy who is in the running to be a candidate for the Liberal Party in an upcoming federal byelection in Quebec does not shy away from criticizing Ottawa's handling of the KPMG affair.
She is recommending the Liberal government call a full-scale inquiry into the KPMG revelations, including the secret amnesty deal it negotiated with the CRA for its wealthy clients.
"I think this is the time to conduct a real investigation about KPMG, about the deal, about the tax structure."
Link:
KPMG offshore tax dodge a 'facade' designed to hide money, ex-client says - CBC.ca
- Home | Discover Oil & Gas | Rigzone - December 8th, 2016 [December 8th, 2016]
- Offshore - Wikipedia - December 8th, 2016 [December 8th, 2016]
- EscapeArtist - Live, Work, Travel, Retire & Invest Overseas - December 15th, 2016 [December 15th, 2016]
- Offshore installation manager - Wikipedia - December 30th, 2016 [December 30th, 2016]
- Offshore Energy 17 - January 12th, 2017 [January 12th, 2017]
- Offshore Drilling and Exploration - The New York Times - February 2nd, 2017 [February 2nd, 2017]
- Offshore - novenco-marine.com.php56serv2.webhosting.dk - February 5th, 2017 [February 5th, 2017]
- Further decline in North Sea offshore supply work - BBC News - February 7th, 2017 [February 7th, 2017]
- Japan ignores protests, begins offshore construction work on ... - RT - February 7th, 2017 [February 7th, 2017]
- Offshore Drillers Are Still Seeking Recovery Enjoyed by Shale - Bloomberg - February 7th, 2017 [February 7th, 2017]
- Offshore Profits and US Exports - Council on Foreign Relations (blog) - February 8th, 2017 [February 8th, 2017]
- Diamond Offshore Surprises Everyone With a Fourth Quarter Earnings Gain - Madison.com - February 8th, 2017 [February 8th, 2017]
- Dems: Don't repeal offshore tax rules - The Hill - February 8th, 2017 [February 8th, 2017]
- Offshore Wind Moves Into Energy's Mainstream - New York Times - February 8th, 2017 [February 8th, 2017]
- Trump's Plan to Tap Offshore Profit for Infrastructure Gains an Ally - Bloomberg - February 8th, 2017 [February 8th, 2017]
- China Regulator Urges Insurers to Avoid 'Reckless' Offshore ... - Insurance Journal - February 9th, 2017 [February 9th, 2017]
- Perriello comes out against pipeline and, in a shift, says he is skeptical of offshore drilling - Washington Post - February 9th, 2017 [February 9th, 2017]
- AGL to head offshore amid limited growth options locally - The Sydney Morning Herald - February 9th, 2017 [February 9th, 2017]
- Should Diamond Offshore (DO) Stock Be in Your Portfolio? - Zacks.com - February 9th, 2017 [February 9th, 2017]
- Wind Overtakes Coal Power in Europe as Turbines Head Offshore - Bloomberg - February 9th, 2017 [February 9th, 2017]
- Cuba Eager to Develop Offshore Oil Reserves | OilPrice.com - OilPrice.com - February 10th, 2017 [February 10th, 2017]
- Eni starts production of East Hub Development Project, offshore Angola - Offshore Technology - February 10th, 2017 [February 10th, 2017]
- 'Fifty Shades Darker' Unmasks $22M In Offshore Foreplay International Box Office - Deadline - February 10th, 2017 [February 10th, 2017]
- Statoil looks to Newfoundland offshore after selling off all oilsands assets - Globalnews.ca - February 10th, 2017 [February 10th, 2017]
- Coalition urged to charge 10% royalty on offshore oil and gas projects - The Guardian - February 10th, 2017 [February 10th, 2017]
- Israel Puts Off License Award In First Offshore Oil, Gas Bid Round - OilPrice.com - February 10th, 2017 [February 10th, 2017]
- Cost Impact of Immigration and Visa Reform to US Customers Using Offshore Services - Forbes - February 10th, 2017 [February 10th, 2017]
- These Offshore Drilling Stocks Are Up Big as Earnings Season Starts - Fox Business - February 10th, 2017 [February 10th, 2017]
- Offshore projects help raise profile of wind power in US, Europe - WorkBoat (blog) - February 11th, 2017 [February 11th, 2017]
- Shares of Seadrill Went in the Exact Opposite Direction of Other Offshore Drillers in January - Motley Fool - February 11th, 2017 [February 11th, 2017]
- After selling off all oilsands assets, Statoil looks to Newfoundland offshore - Calgary Herald - February 11th, 2017 [February 11th, 2017]
- Oil and Gas Stock Roundup: The Outlook for Offshore Drilling Continues to Dim - Fox Business - February 11th, 2017 [February 11th, 2017]
- Diamond Offshore Surprises Everyone With a Fourth Quarter ... - Motley Fool - February 12th, 2017 [February 12th, 2017]
- Diamond Offshore Is A Hold - Seeking Alpha - February 12th, 2017 [February 12th, 2017]
- Trudeau: Arctic offshore drilling too dangerous - The Independent Barents Observer - February 12th, 2017 [February 12th, 2017]
- Don't Overlook This Cost-Effective Alternative To Offshore Services - Forbes - February 14th, 2017 [February 14th, 2017]
- Legislation could mean an economic boost in New Bedford offshore wind projects - SouthCoastToday.com - February 14th, 2017 [February 14th, 2017]
- Ontario signals extension on offshore wind project moratorium - BNN - February 14th, 2017 [February 14th, 2017]
- Oil Majors' Plans - No Relief For Offshore Drillers - Seeking Alpha - February 14th, 2017 [February 14th, 2017]
- Director hits back at offshore worker blacklisting claims - BBC News - February 14th, 2017 [February 14th, 2017]
- OPEC Report: Pressure On Offshore Drilling Remains - Seeking Alpha - February 15th, 2017 [February 15th, 2017]
- UK Offshore Wind Construction Had Bumper Year In 2016, Barbour ABI - CleanTechnica - February 16th, 2017 [February 16th, 2017]
- Trump urged to back offshore - Offshore Wind | reNEWS ... - reNews - February 16th, 2017 [February 16th, 2017]
- Russian Spy Ship Spotted Offshore From Connecticut; Congressman Says Goal Is To Test US - CBS Local - February 16th, 2017 [February 16th, 2017]
- Australia Accused Of Committing Crimes Against Humanity In Offshore Detention Centres - BuzzFeed News - February 16th, 2017 [February 16th, 2017]
- US Wind Secures Cabling Partner For MD Offshore Project - North American Windpower - February 16th, 2017 [February 16th, 2017]
- Professional Diversity Network: Offshore Investment Fund, Dropping ... - Seeking Alpha - February 16th, 2017 [February 16th, 2017]
- Vineyard Power vying for offshore wind farm - News - capecodtimes ... - Cape Cod Times (subscription) - February 16th, 2017 [February 16th, 2017]
- Liquidity Warnings Send Hornbeck Offshore Services, Inc.'s Stock Plunging - Motley Fool - February 16th, 2017 [February 16th, 2017]
- Will Offshore Stymie Oil States? - Seeking Alpha - February 16th, 2017 [February 16th, 2017]
- Enbridge Partners with EnBW on 497-MW German Offshore Wind Project - Marketwired (press release) - February 17th, 2017 [February 17th, 2017]
- JDR lands US offshore bounty - reNews - February 17th, 2017 [February 17th, 2017]
- Natural gas leaks from offshore pipeline in Alaska - Press Herald - February 17th, 2017 [February 17th, 2017]
- Halliburton's GRIP delivers rapid response to offshore source-control incidents - WorldOil (subscription) - February 18th, 2017 [February 18th, 2017]
- Model advances analysis of offshore BOP closure during extreme conditions - WorldOil (subscription) - February 18th, 2017 [February 18th, 2017]
- IRS Cracks Down on Offshore Tax Cheats - CPAPracticeAdvisor.com - February 18th, 2017 [February 18th, 2017]
- Vineyard Power vying for offshore wind farm - Cape Cod Times (subscription) - February 18th, 2017 [February 18th, 2017]
- Offshore Yuan Exposed to Onshore Risks as Spread Narrows - DailyFX - February 18th, 2017 [February 18th, 2017]
- Offshore Somalia: East Africa's Oil Frontier - Midnimo Information Center - February 20th, 2017 [February 20th, 2017]
- Emas Offshore refinancing deal delayed - Splash 247 - Splash 247 - February 20th, 2017 [February 20th, 2017]
- The Offshore Markets: 2016 In Review - Hellenic Shipping News Worldwide - February 20th, 2017 [February 20th, 2017]
- Court Declines to Halt Long Island Offshore Wind Lease - RTO Insider - February 20th, 2017 [February 20th, 2017]
- Fuel the American economy with offshore energy - The Detroit News - February 20th, 2017 [February 20th, 2017]
- Congress says won't renew liquor licenses of offshore casinos in Goa - Times of India - February 20th, 2017 [February 20th, 2017]
- An offshore deal for Indigenous people? - Policy Options (registration) - February 20th, 2017 [February 20th, 2017]
- Exclusive: Petronas considers $1 billion stake sale in offshore gas project - sources - Reuters - February 20th, 2017 [February 20th, 2017]
- JDR wins US offshore wind farm work - OE Digital - February 20th, 2017 [February 20th, 2017]
- Offshore Drilling - 2 Floaters Needed In The Verbier Field And In The Partridge Prospect In UK North Sea - Seeking Alpha - February 20th, 2017 [February 20th, 2017]
- Rystad Energy Believes That Offshore Projects Are Becoming Competitive Again - Seeking Alpha - February 20th, 2017 [February 20th, 2017]
- EnBW Hohe See 500 MW Offshore Wind Farm To Proceed With Siemens & Enbridge - CleanTechnica - February 20th, 2017 [February 20th, 2017]
- Offshore catering staff reject offer after phone ballot - BBC News - February 21st, 2017 [February 21st, 2017]
- Child abuse inquiry to hold limited public hearings into offshore ... - The Guardian - February 21st, 2017 [February 21st, 2017]
- Iberdrola Completes Installation Of First Turbine At 350 Megawatt ... - CleanTechnica - February 22nd, 2017 [February 22nd, 2017]
- Offshore drilling opponents re-gear for new round of battles | News ... - Charleston Post Courier - February 22nd, 2017 [February 22nd, 2017]
- Hornbeck Offshore Services: Too Many Problems Will Drag The Stock Further Down - Seeking Alpha - February 22nd, 2017 [February 22nd, 2017]
- US grid can handle more offshore wind power, cutting pollution and power costs - Science Daily - February 22nd, 2017 [February 22nd, 2017]
- Fugro to conduct natural leakage survey in offshore Kenya ... - Offshore Technology - February 23rd, 2017 [February 23rd, 2017]
- Russia inks second Turkish Stream pipe offshore construction contract - New Europe - February 23rd, 2017 [February 23rd, 2017]
- Trump to seek jobs advice from firms that offshore US work - Reuters - February 23rd, 2017 [February 23rd, 2017]
- W&T Offshore Expected to Reduce Net Losses in 4Q16 - Market Realist - February 24th, 2017 [February 24th, 2017]