On 20 December 2023, Germany issued the Ordinance, amending the Tax Haven Defense Ordinance, as published in the Official Gazette. The Tax Haven Defense Ordinance plays a critical role in identifying jurisdictions considered non-cooperative under the Tax Haven Defense Law, aimed at preventing tax avoidance and unfair tax competition.
The amendments were prompted by the EU Economic and Financial Affairs Council’s decision on 17 October 2023 to make changes to the list of non-cooperative jurisdictions. Antigua and Barbuda, Belize, and the Seychelles were added, while the British Virgin Islands, Costa Rica, and the Marshall Islands were removed. Additionally, Russia, previously identified as non-cooperative earlier in the year, was included.
the additional non-cooperative jurisdictions will be subject to the measures outlined in the Tax Haven Defense Law. The updated decree now encompasses a total of 16 jurisdictions, including American Samoa, Anguilla, Antigua and Barbuda, Bahamas, Belize, Fiji, Guam, Palau, Panama, Russia, Samoa, Seychelles, Trinidad and Tobago, Turks and Caicos Islands, U.S. Virgin Islands, and Vanuatu. Germany’s proactive stance reinforces its commitment to combating international tax evasion and ensuring fair tax practices. The revised decree became effective on 21 December 2023.
