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Mauritius authority quizzes investment managers over fees

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Mauritius, which is often preferred by many international investors for its friendly laws and low expenses, is taking a closer look at the investment managers (IMs) who advise funds on the stocks to buy and sell in markets like India.

The Mauritius Revenue Authority (MRA), the apex tax body, is understood to be enquiring about the fees earned by the IMs and how a large part of it is transferred to entities in other countries.

At least seven managers, domiciled in Mauritius and managing both private and public equities, have received emails and notices from the MRA, questioning details about their fee earnings from the funds and companies incorporated in Mauritius to trade in other markets.

IMs are skeletal entities with a few locals and professionals in the board, with the main decision makers in the manager entity stationed in places like Dubai, Singapore or India. The IMs in Mauritius pass on the lion’s share of their income earned from funds to their overseas advisors. The Mauritius managers while retaining a small slice of what they earn serve as basic outfits.

“The MRA is asking some of the IMs to substantiate the significantly large payments to other entities outside of Mauritius under a sub-advisory pact where such a sub-advisor offers investment advisory services to the investment manager,” said Anand Singh, founder, Elios Financial Services, an advisory firm.

‘A subjective decision’
“The MRA is seen asking details of advisory services and methodology for calculation of fee payable,” he said.Now, like many other jurisdictions, Mauritius too is trying to figure out whether IMs set up in the tax haven have a ‘substance’.

Mauritius probably wants to find out whether IMs have enough resources and qualified people – setups that would ensure that the bulk of the IMs’ income remains in the country as opposed to being paid out by way of sub-advisory fees.

“While there is nothing wrong on MRA’s part to ask for details, it could be counter-productive to discourage such investment advisors from offering their services. Paying a large fee to these advisors is a subjective decision of the IMs and is based on the value addition they bring to the table,” said Singh who is a member of the capital market task force of the Financial Services Commission, Mauritius.

“Moreover, such a large pool of talent may not be readily available in Mauritius due to which fund managers tend to appoint advisors who are located elsewhere,” said Singh.

Since the meltdown of 2008, when sovereigns searched for new sources of revenues, countries tweaked their own laws as well as came together to make it tougher for international investors to set up paper companies in financial centres to take advantage of lower tax. Tax offices of various jurisdictions looked for substance in investment various structures as well as questioned the place of effective management of an entity incorporated in tax havens.

According to Prakhar Dua, who leads the financial services and regulatory practice at the law firm Nishith Desai Associates, “Establishment of substance in Mauritius is not just essential from a Mauritian law perspective, but also to avail the benefits of India-Mauritius DTAA. While entering into arrangements, such as a self- managed fund having an advisory agreement with a non-Mauritius investment advisor or a fund managed by a Mauritian investment manager in turn having a sub-advisory arrangement with a non-Mauritius advisor, it is important to ensure that Mauritian substance requirements do not get diluted, in letter and spirit.”

Most investment entities have IMs based in Mauritius as self-managed funds require the presence of a strong local board which may not always be possible.

Pointing out at the relation between an IM and a non-Mauritius entity advising the IM, the MRA, in some of the cases, has observed that there is “no basis for computation of the consultancy fees… and no reference has been made to the methodology in determining it.” The arm of the government has asked IMs to justify as to why a significant portion of the income is paid out as fees to the advisor and “how the whole fees satisfy the deductibility test” under the country’s Income tax law. Since the IMs booked the amount of fees paid out as an expense, the tax department is questioning the basis of such deduction that lowers the taxable income of entities in Mauritius (i.e, the IMs). The IMs were asked to respond by March.

 

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S&P/TSX gains almost 100 points, U.S. markets also higher ahead of rate decision

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TORONTO – Strength in the base metal and technology sectors helped Canada’s main stock index gain almost 100 points on Friday, while U.S. stock markets climbed to their best week of the year.

“It’s been almost a complete opposite or retracement of what we saw last week,” said Philip Petursson, chief investment strategist at IG Wealth Management.

In New York, the Dow Jones industrial average was up 297.01 points at 41,393.78. The S&P 500 index was up 30.26 points at 5,626.02, while the Nasdaq composite was up 114.30 points at 17,683.98.

The S&P/TSX composite index closed up 93.51 points at 23,568.65.

While last week saw a “healthy” pullback on weaker economic data, this week investors appeared to be buying the dip and hoping the central bank “comes to the rescue,” said Petursson.

Next week, the U.S. Federal Reserve is widely expected to cut its key interest rate for the first time in several years after it significantly hiked it to fight inflation.

But the magnitude of that first cut has been the subject of debate, and the market appears split on whether the cut will be a quarter of a percentage point or a larger half-point reduction.

Petursson thinks it’s clear the smaller cut is coming. Economic data recently hasn’t been great, but it hasn’t been that bad either, he said — and inflation may have come down significantly, but it’s not defeated just yet.

“I think they’re going to be very steady,” he said, with one small cut at each of their three decisions scheduled for the rest of 2024, and more into 2025.

“I don’t think there’s a sense of urgency on the part of the Fed that they have to do something immediately.

A larger cut could also send the wrong message to the markets, added Petursson: that the Fed made a mistake in waiting this long to cut, or that it’s seeing concerning signs in the economy.

It would also be “counter to what they’ve signaled,” he said.

More important than the cut — other than the new tone it sets — will be what Fed chair Jerome Powell has to say, according to Petursson.

“That’s going to be more important than the size of the cut itself,” he said.

In Canada, where the central bank has already cut three times, Petursson expects two more before the year is through.

“Here, the labour situation is worse than what we see in the United States,” he said.

The Canadian dollar traded for 73.61 cents US compared with 73.58 cents US on Thursday.

The October crude oil contract was down 32 cents at US$68.65 per barrel and the October natural gas contract was down five cents at US$2.31 per mmBTU.

The December gold contract was up US$30.10 at US$2,610.70 an ounce and the December copper contract was up four cents US$4.24 a pound.

— With files from The Associated Press

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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Economy

S&P/TSX composite down more than 200 points, U.S. stock markets also fall

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TORONTO – Canada’s main stock index was down more than 200 points in late-morning trading, weighed down by losses in the technology, base metal and energy sectors, while U.S. stock markets also fell.

The S&P/TSX composite index was down 239.24 points at 22,749.04.

In New York, the Dow Jones industrial average was down 312.36 points at 40,443.39. The S&P 500 index was down 80.94 points at 5,422.47, while the Nasdaq composite was down 380.17 points at 16,747.49.

The Canadian dollar traded for 73.80 cents US compared with 74.00 cents US on Thursday.

The October crude oil contract was down US$1.07 at US$68.08 per barrel and the October natural gas contract was up less than a penny at US$2.26 per mmBTU.

The December gold contract was down US$2.10 at US$2,541.00 an ounce and the December copper contract was down four cents at US$4.10 a pound.

This report by The Canadian Press was first published Sept. 6, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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S&P/TSX composite up more than 150 points, U.S. stock markets also higher

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TORONTO – Canada’s main stock index was up more than 150 points in late-morning trading, helped by strength in technology, financial and energy stocks, while U.S. stock markets also pushed higher.

The S&P/TSX composite index was up 171.41 points at 23,298.39.

In New York, the Dow Jones industrial average was up 278.37 points at 41,369.79. The S&P 500 index was up 38.17 points at 5,630.35, while the Nasdaq composite was up 177.15 points at 17,733.18.

The Canadian dollar traded for 74.19 cents US compared with 74.23 cents US on Wednesday.

The October crude oil contract was up US$1.75 at US$76.27 per barrel and the October natural gas contract was up less than a penny at US$2.10 per mmBTU.

The December gold contract was up US$18.70 at US$2,556.50 an ounce and the December copper contract was down less than a penny at US$4.22 a pound.

This report by The Canadian Press was first published Aug. 29, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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