Syed Rahman outlines the latest development in the long-running share-selling tax controversy
Dutch prosecutors have charged Morgan Stanley with tax evasion in relation to its alleged involvement in Cum-Ex.
Authorities in the Netherlands have accused the US bank’s Amsterdam-based subsidiary of engaging in the now banned practice of shares being traded in a way that disguised the identity of their owner so that more than one party could claim rebates on capital gains tax. Cum-Ex led to massive amounts being paid out by treasuries in numerous countries
The Dutch Public Prosecution Service (OM) has alleged that Morgan Stanley offset €124 million in dividend taxes on Dutch shares between 2009 and 2013, in violation of local tax laws. OM has said it will also prosecute the European parent company of Morgan Stanley’s Dutch subsidiary and an employee of the bank over tax evasion in relation to €825 million in dividends that were paid out on Dutch-listed shares.
Referring to Cum-Ex as a “complex, decade-old matter’’, Morgan Stanley stated that it rejects the Dutch prosecutor’s claims and will contest them “vigorously”.
In a statement, the bank added: “Despite our full cooperation and the lack of clarity in the relevant tax legislation, the Prosecutor is basing this decision on an incomplete investigation and record, in violation of established process.”
It is four years since OM first confirmed that it was investigating Morgan Stanley. It had requested documents from the bank relating to lawsuits brought by the Dutch tax agency over Morgan Stanley’s tax returns and accounts from the period 2007-12. The tax proceedings led to Morgan Stanley being fined €39 million in 2020 for improperly reclaiming tax dividends on share transactions. The bank appealed this but was unsuccessful.
The charges brought by the Netherlands against Morgan Stanley were announced on the same day that OM said it had fined Dutch bank ABN Amro €14 million. The fine was an out-of-court settlement regarding ABN Amro’s involvement in helping a “foreign’’ bank evade €124 million in dividend taxes. OM’s investigation of ABN Amro became public knowledge four years ago, due to its alleged involvement in Morgan Stanley transactions that resulted in the US bank’s €39 million tax fine.
Once again, Cum-Ex shows it is still causing ripples around Europe and the global financial markets. For now, there is no sign of that abating.
