Update of ETNC list : Bahamas et Turk & Caicos added

The list of non-cooperative states and territories for tax purposes (ETNC) has just been updated. The Bahamas and Turks and Caicos Islands have been added, and no state or territory has been removed.

The ECOE2301091A decree of February 3, 2023 (JO 5 text no. 5) updates the list of states and territories defined by Article 238-0 A of the CGI as non-cooperative in tax matters and subject to restrictive measures.

These restrictive measures apply to states or territories newly listed on the ETNC from the first day of the third month following the publication of the decree, i.e. from May 1, 2023.

The various applicable restrictive measures depend on the reasons or criteria for listing in the ETNC. We therefore present below the states or territories concerned, distinguishing them according to these criteria.

Criterion for the exchange of tax information This traditional criterion leads to the inclusion on the list of states or territories that do not allow international exchange of tax information (CGI art. 238-0 A, 2).

As such, the British Virgin Islands, Seychelles, Anguilla, and Panama are listed, as before.

However, Anguilla is now also listed on the basis of the criterion for extraterritorial arrangements.

Criterion for extraterritorial arrangements This criterion concerns states and territories listed on the European Union blacklist of December 5, 2017 updated on the grounds that they facilitate the creation of structures or extraterritorial devices designed to attract profits that do not reflect real economic activity there (CGI art. 238-0 A, 2 bis-1o).

Vanuatu is listed on the ETNC under this criterion, as before, but now also listed are the Bahamas, Turks and Caicos Islands, and Anguilla, the latter state also being listed under the criterion for the exchange of tax information.

Other criteria Finally, states and territories listed on the European list for not meeting other criteria (tax transparency, absence of potentially harmful preferential tax measures, implementation of anti-Beps measures) are classified as ETNC (CGI art. 238-0 A, 2 bis-2o).

Fiji, Guam, the US Virgin Islands, Palau, American Samoa, Samoa, Trinidad and Tobago, and Panama remain listed under this criterion, the latter state also being listed under the criterion for the exchange of tax information.