Kathmandu : Investigation by Centre for Investigative Journalism-Nepal revealed that a British journalism organisation -- Finance Uncovered -- has found that a handful of Nepali investors have made fortunes by transacting shares of mobile service provider Ncell<\/a>. 调查中心的调查Journalism-Nepal透露,英国新闻机构——金融发现发现,少数尼泊尔投资者财富的移动服务提供商Ncell交易股票。 加德满都:调查中心的调查Journalism-Nepal透露,英国新闻机构——金融发现发现,一些尼泊尔的投资者通过交易股票赚了不少钱的移动服务提供商Ncell。
The joint investigation report made public on Tuesday has a detailed account about use of funds that appear to have flowed covertly to them via tax havens from the Malaysian telecom giant, Axiata<\/a> and Sweden's Telia<\/a>.
\"The primary Nepali beneficiaries from these deals appear to be leading businessman Upendra Mahato, his associate Niraj Govinda Shrestha, and businesswoman Bhavana Singh Shrestha along with her company Sunivera Capital Venture,\" the report released on Tuesday afternoon stated.
The investigation has unveiled that Axiata<\/a> paid USD 90 million to a secretive offshore company with a link to Bhavana Singh Shrestha, months before her company Sunivera bought 20 per cent of Ncell<\/a>'s shares and became Axiata's partner in the telecom company.
Telia<\/a>'s sale of 80 per cent of Ncell's share to Axiata in 2016 has caused great controversy in the Himalayan Nation<\/a>. The latest investigation report claimed that it found Axiata has paid USD 90 million to a secretive offshore company with a link to Bhavana Singh Shrestha, months before her company Sunivera bought 20 per cent of Ncell's shares and became Axiata's partner in the telecom company.
Alongside, the Swedish telecom company Telia lent Niraj Govinda Shrestha USD 230 million through a tax haven in 2012 to buy the Ncell stake from Mahato. The report stated that Shrestha claimed to have only paid Mahato USD 3 million and it is not possible to see what the money from Telia's loan was used for.
\"Our findings suggest overseas telecom giants provided money to Nepali investors to buy shares in Ncell in opaque ways, which appear to test Nepali's foreign investment rules. But Axiata denied to us that it had covertly financed the Ncell share purchase by paying money to an offshore company, called Southern Coast Ventures. Axiata stated it did not know what this company had done with the money after receiving it,\" report stated.
Upendra Mahato, a Nepali business tycoon has been mentioned in the report of replying that the information about the deal was \"proprietary and confidential\" when contacted on July 2020 but later in November of 2020, Mahato replied to CIJ saying, \"As far as the question of wrongdoing in the transaction of 20 per cent share is concerned, if Telia bought the share illegally, it should not be legalised by letting the company pay the taxes. It should be confiscated. An illegal act should not be legalised by taxing it. That's all I have to say.\"
Issue of second-largest telecommunication giant, Ncell, in Nepali market has been a grave concern for taxpayers. Ncell entered Nepali telecommunication market as first privately-owned company where at least 20 per cent of Ncell shares was owned by a local investor.
At start of 2012, the 20 per cent stake was owned by Synergy Nepal, a company chaired by Mahato who was a long-standing investor in Ncell. The other 80 per cent was controlled by Telia of Sweden (then called TeliaSonera<\/a>).
In March 2012 Synergy Nepal sold the 20 per cent Ncell stake to Mahato himself, who promptly sold it to Niraj Govinda Shrestha. Both Mahato and Shrestha have separately declared to courts in Nepal that the value of this sale was about USD 3 million.
Nepal's tax authority believed the true value of the shares was just under USD 42 million and stated that more capital gains tax was owed by Mahato. Mahato has challenged this tax assessment in court and the case is still ongoing.
However, the sums of money involved may have been much larger. Telia lent Shrestha USD 230 million in 2012 to buy the Ncell stake via one of its subsidiaries in the tax haven of the Netherlands. This loan was \"reduced to zero\" by Telia, so never repaid.
\"It is not possible to confirm whether Shrestha actually paid some or all of the USD 230 million to Mahato to buy his Ncell shares, as the available public documents do not give this information and neither would tell us when we asked. The loan was not reported in Telia's group accounts at the time, only in those of one of its Dutch subsidiaries,\" the report stated.
The investigation claimed that Telia lent Shrestha the money to buy a 20 per cent stake in Ncell in the hope that Nepal's law would change in future and enable Telia to own the stake itself.
\"We put it to Telia and Shrestha that this was not a genuine loan at all, but a device for Telia to get around Nepalese law by having Shrestha hold the shares on its behalf. Neither responded to this point,\" the report stated.
The foreign exchange law of Nepal also prevents the owner of shares in a Nepalese company from borrowing against those shares without the permission of the central bank. Nepal's central bank also has been quoted in the report saying \"no record of any such loan being authorised, as the foreign exchange law requires, or brought into the country.\"
The report has stated possibility that USD 230 million may have remained offshore. This would create a risk of tax being avoided in Nepal on any profits from it, contrary to the Income Tax Act.
In April of 2016, Telia decided to sell its controlling stake in Ncell to Axiata after being concerned about the risks of corruption in obtaining official permissions for divestment.
At the same time that Telia sold its stake in Ncell to Axiata, Niraj Govinda Shrestha sold his 20 per cent stake to Sunivera Capital Venture in Nepal. This company was solely owned by Nepali businesswoman Bhavana Singh Shrestha (who is not related to Niraj Govinda Shrestha) and was registered on December 8, 2015, four months before the sale of Ncell.
Niraj Govinda Shrestha declared a profit of US$105 million on the sale and paid tax on it in Nepal. Neither he nor Mahato would explain the investigating organisations how the same Ncell shares could be bought in 2012 for a declared price of only USD 3 million and sold for USD 105 million only four years later.
Nepal's Office of the Auditor General said in April 2017 that Shrestha's sale of his shares to Sunivera had been massively undervalued and he should pay USD 57 million more tax, plus interest and charges.
Shrestha was then required by Nepal's tax authority to pay a slightly smaller amount than that identified by the Auditor General. Shrestha challenged the tax authority, arguing in a statement to the court, that the tax authority was wholly wrong to make its own estimate of the market price of the shares and should, according to him, have accepted for tax purposes the price agreed between the buyer and the seller. The case is still ongoing.
Between 2013 and 2015, Axiata engaged in a series of share transactions with the mysterious Southern Coast Ventures. First, Axiata allowed it to increase its ownership of Glasswool to 15 per cent. Axiata's accounts do not provide any evidence that Southern Coast Ventures paid for these extra Glasswool shares.
Then on December 8, 2015, Axiata paid USD 90 million to Southern Coast Ventures to buy back 10.3 per cent of Glasswool. In other words, USD 90 million flowed from Axiata to Southern Coast Ventures two weeks before Bhavana Singh Shrestha, the owner of Sunivera who is married to Acharya, signed an agreement with Axiata to work together as shareholders of Ncell in Nepal.
Axiata denied any breach of the law in Nepal or other countries, in respect of these transactions and the organisations have found no evidence to suggest otherwise. Sunivera did not respond to the questions of investigative journalists.
But Axiata has not explained its dealings with Southern Coast Ventures in any detail. When the investigating organisations asked about them, the Malaysian telecom company referred us to its corporate filings, which provide next to no information about this company and none at all about its owners.
Axiata also said it has paid more than USD 420 million in capital gains tax in Nepal on its acquisition of Ncell, though this tax payment is in dispute between Axiata and Nepal and is currently going through arbitration.
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调查揭示欺诈性购买,销售在尼泊尔电信巨头Ncell的股份
周二公布的联合调查报告有关于使用的详细账户基金似乎流淌秘密从马来西亚电信巨头通过避税天堂,Axiata和瑞典的特拉华公司所有。
“这些交易主尼泊尔受益者似乎是领先的商人Upendra多个,副Niraj登顶Shrestha,和商人Bhavana辛格Shrestha连同她的公司Sunivera资本风险,”周二下午发布的报告表示。
特拉华公司所有Ncell的出售80%的份额在2016年Axiata中引起了巨大的争论喜玛拉雅国家。最新的调查报告称,发现Axiata支付9000万美元到一个神秘的离岸公司与链接Bhavana辛格Shrestha,前几个月她的公司Sunivera Ncell买了20%的股份,成为Axiata在电信公司的合作伙伴。
同时,瑞典电信公司Telia借给Niraj登顶Shrestha 2.3亿美元2012年通过避税天堂从多个购买Ncell股份。报告指出,Shrestha声称只有多个支付300万美元,不可能明白钱从特拉华公司所有的贷款被用于。
“我们的发现表明海外电信巨头们提供资金来尼泊尔投资者购买股票Ncell在不透明的方面,这似乎测试尼泊尔外国投资的规定。但Axiata否认我们已经秘密资助Ncell分享购买支付钱给一个离岸公司,称为南部海岸投资。Axiata表示,不知道这个公司已经收到钱,”报告表示。
Upendra多个,尼泊尔的商业大亨的回复在报告中提到的有关交易的信息“专有和保密”联系在2020年11月,2020年7月,但后来的多个CIJ说回答说,“至于过错的问题事务的20%的份额,如果Telia购买非法分享,它不应该被合法化,让公司支付税收。它应该被没收。一个违法行为通过征税不应该合法化。这就是我要说的。”
Ncell的第二大电信巨头,尼泊尔市场纳税人的严重关切。Ncell进入尼泊尔电信市场作为第一民营公司,至少Ncell 20%的股份属于当地投资者。
在2012年初,20%的股份属于协同尼泊尔,一个公司主持的多个Ncell的长期投资者。另外的80%是由瑞典Telia(控制TeliaSonera)。
2012年3月协同尼泊尔Ncell的20%的股份卖给多个本人,他立即把它卖给Niraj登顶Shrestha。多个和Shrestha分别宣布法庭在尼泊尔这个销售的价值约为300万美元。
尼泊尔的税务机关认为股票的真实价值不到4200万美元,表明更多的资本利得税是由多个欠的。多个在法庭上挑战这一税收评估,仍在进行中。
然而,涉及到的大笔的钱可能是更大的。Telia借给Shrestha 2.3亿美元在2012年购买通过它的一个子公司Ncell股份在荷兰的避税天堂。这笔贷款被Telia“减为零”,所以不要偿还。
“不可能证实Shrestha是否实际支付的部分或全部2.3亿美元的多个购买他Ncell股票,作为可用的公共文档不给这些信息也会告诉我们当我们问道。贷款不是在特拉华公司所有的组帐户,只有在其荷兰子公司之一,”该报告表示。
调查声称Telia借给Shrestha Ncell的钱购买20%的股份,希望尼泊尔定律将改变未来,使特拉华公司所有股份的本身。
“我们把它Telia和Shrestha,这不是一个真正的贷款,但设备Telia尼泊尔绕过法律通过Shrestha代表其持有的股份。既不回应这一点,”报告表示。
尼泊尔的外汇法律也可以防止股票在尼泊尔公司的老板借款对这些股票没有中央银行的许可。尼泊尔的央行也一直在报告中援引说“没有任何此类贷款的记录被授权,外汇法律要求,或带进这个国家。”
报告表示,2.3亿美元可能一直离岸。这将创建一个在尼泊尔被避免税收风险在任何利润,与所得税法。
2016年4月,Telia决定其Ncell的控股权出售给Axiata后担心腐败的风险获得官方许可撤资。
同时Axiata Telia Ncell出售其股份,Niraj登顶Shrestha卖掉了他在尼泊尔Sunivera资本合资企业20%的股份。本公司是完全由尼泊尔商人Bhavana辛格Shrestha Niraj登顶Shrestha(不相关的),12月8日,注册2015,四个月前Ncell的销售。
Niraj登顶Shrestha宣布1.05亿美元的销售和利润纳税在尼泊尔。无论是他还是多个可以解释调查组织如何购买同一Ncell的股票在2012年宣布的价格只有300万美元,卖1.05亿美元仅四年后。
尼泊尔的审计长办公室2017年4月表示,Shrestha出售他的股票Sunivera被大幅低估,他应该多付5700万美元税收,加上利息和费用。
Shrestha当时尼泊尔的税务机关要求支付略小的数量比确定的审计。Shrestha税务机关提出挑战,认为法院在一份声明中,税务机关是完全错误的使自己的股票的市场价格估计,应该根据他的说法,为税收目的已接受价格同意买方和卖方之间。案件仍在进行中。
在2013年至2015年之间,Axiata从事股票交易的一系列神秘的南部海岸投资。首先,Axiata允许它增加Glasswool 15%的所有权。Axiata账户没有提供任何证据表明,南部海岸企业支付这些额外Glasswool股票。
然后12月8日,2015年,Axiata支付9000万美元南部海岸公司买回Glasswool的10.3%。换句话说,9000万美元从Axiata流入南部海岸投资Bhavana辛格Shrestha前两个星期,老板Sunivera嫁给阿与Axiata共同签署了一项协议,在尼泊尔Ncell的股东。
在尼泊尔Axiata否认有任何违反法律或其他国家,在尊重这些事务和组织已经发现没有证据显示并非如此。Sunivera没有回应调查记者的问题。
但Axiata没有解释其处理南部海岸投资在任何细节。调查组织被问及他们时,马来西亚电信公司提到我们公司申请,提供旁边没有这家公司的信息,根本没有对其主人。
Axiata还表示,支付了超过4.2亿美元的资本利得税在尼泊尔Ncell的收购,虽然这个纳税Axiata和尼泊尔之间的纠纷,目前正在进行仲裁。
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Kathmandu : Investigation by Centre for Investigative Journalism-Nepal revealed that a British journalism organisation -- Finance Uncovered -- has found that a handful of Nepali investors have made fortunes by transacting shares of mobile service provider Ncell<\/a>.
The joint investigation report made public on Tuesday has a detailed account about use of funds that appear to have flowed covertly to them via tax havens from the Malaysian telecom giant, Axiata<\/a> and Sweden's Telia<\/a>.
\"The primary Nepali beneficiaries from these deals appear to be leading businessman Upendra Mahato, his associate Niraj Govinda Shrestha, and businesswoman Bhavana Singh Shrestha along with her company Sunivera Capital Venture,\" the report released on Tuesday afternoon stated.
The investigation has unveiled that Axiata<\/a> paid USD 90 million to a secretive offshore company with a link to Bhavana Singh Shrestha, months before her company Sunivera bought 20 per cent of Ncell<\/a>'s shares and became Axiata's partner in the telecom company.
Telia<\/a>'s sale of 80 per cent of Ncell's share to Axiata in 2016 has caused great controversy in the Himalayan Nation<\/a>. The latest investigation report claimed that it found Axiata has paid USD 90 million to a secretive offshore company with a link to Bhavana Singh Shrestha, months before her company Sunivera bought 20 per cent of Ncell's shares and became Axiata's partner in the telecom company.
Alongside, the Swedish telecom company Telia lent Niraj Govinda Shrestha USD 230 million through a tax haven in 2012 to buy the Ncell stake from Mahato. The report stated that Shrestha claimed to have only paid Mahato USD 3 million and it is not possible to see what the money from Telia's loan was used for.
\"Our findings suggest overseas telecom giants provided money to Nepali investors to buy shares in Ncell in opaque ways, which appear to test Nepali's foreign investment rules. But Axiata denied to us that it had covertly financed the Ncell share purchase by paying money to an offshore company, called Southern Coast Ventures. Axiata stated it did not know what this company had done with the money after receiving it,\" report stated.
Upendra Mahato, a Nepali business tycoon has been mentioned in the report of replying that the information about the deal was \"proprietary and confidential\" when contacted on July 2020 but later in November of 2020, Mahato replied to CIJ saying, \"As far as the question of wrongdoing in the transaction of 20 per cent share is concerned, if Telia bought the share illegally, it should not be legalised by letting the company pay the taxes. It should be confiscated. An illegal act should not be legalised by taxing it. That's all I have to say.\"
Issue of second-largest telecommunication giant, Ncell, in Nepali market has been a grave concern for taxpayers. Ncell entered Nepali telecommunication market as first privately-owned company where at least 20 per cent of Ncell shares was owned by a local investor.
At start of 2012, the 20 per cent stake was owned by Synergy Nepal, a company chaired by Mahato who was a long-standing investor in Ncell. The other 80 per cent was controlled by Telia of Sweden (then called TeliaSonera<\/a>).
In March 2012 Synergy Nepal sold the 20 per cent Ncell stake to Mahato himself, who promptly sold it to Niraj Govinda Shrestha. Both Mahato and Shrestha have separately declared to courts in Nepal that the value of this sale was about USD 3 million.
Nepal's tax authority believed the true value of the shares was just under USD 42 million and stated that more capital gains tax was owed by Mahato. Mahato has challenged this tax assessment in court and the case is still ongoing.
However, the sums of money involved may have been much larger. Telia lent Shrestha USD 230 million in 2012 to buy the Ncell stake via one of its subsidiaries in the tax haven of the Netherlands. This loan was \"reduced to zero\" by Telia, so never repaid.
\"It is not possible to confirm whether Shrestha actually paid some or all of the USD 230 million to Mahato to buy his Ncell shares, as the available public documents do not give this information and neither would tell us when we asked. The loan was not reported in Telia's group accounts at the time, only in those of one of its Dutch subsidiaries,\" the report stated.
The investigation claimed that Telia lent Shrestha the money to buy a 20 per cent stake in Ncell in the hope that Nepal's law would change in future and enable Telia to own the stake itself.
\"We put it to Telia and Shrestha that this was not a genuine loan at all, but a device for Telia to get around Nepalese law by having Shrestha hold the shares on its behalf. Neither responded to this point,\" the report stated.
The foreign exchange law of Nepal also prevents the owner of shares in a Nepalese company from borrowing against those shares without the permission of the central bank. Nepal's central bank also has been quoted in the report saying \"no record of any such loan being authorised, as the foreign exchange law requires, or brought into the country.\"
The report has stated possibility that USD 230 million may have remained offshore. This would create a risk of tax being avoided in Nepal on any profits from it, contrary to the Income Tax Act.
In April of 2016, Telia decided to sell its controlling stake in Ncell to Axiata after being concerned about the risks of corruption in obtaining official permissions for divestment.
At the same time that Telia sold its stake in Ncell to Axiata, Niraj Govinda Shrestha sold his 20 per cent stake to Sunivera Capital Venture in Nepal. This company was solely owned by Nepali businesswoman Bhavana Singh Shrestha (who is not related to Niraj Govinda Shrestha) and was registered on December 8, 2015, four months before the sale of Ncell.
Niraj Govinda Shrestha declared a profit of US$105 million on the sale and paid tax on it in Nepal. Neither he nor Mahato would explain the investigating organisations how the same Ncell shares could be bought in 2012 for a declared price of only USD 3 million and sold for USD 105 million only four years later.
Nepal's Office of the Auditor General said in April 2017 that Shrestha's sale of his shares to Sunivera had been massively undervalued and he should pay USD 57 million more tax, plus interest and charges.
Shrestha was then required by Nepal's tax authority to pay a slightly smaller amount than that identified by the Auditor General. Shrestha challenged the tax authority, arguing in a statement to the court, that the tax authority was wholly wrong to make its own estimate of the market price of the shares and should, according to him, have accepted for tax purposes the price agreed between the buyer and the seller. The case is still ongoing.
Between 2013 and 2015, Axiata engaged in a series of share transactions with the mysterious Southern Coast Ventures. First, Axiata allowed it to increase its ownership of Glasswool to 15 per cent. Axiata's accounts do not provide any evidence that Southern Coast Ventures paid for these extra Glasswool shares.
Then on December 8, 2015, Axiata paid USD 90 million to Southern Coast Ventures to buy back 10.3 per cent of Glasswool. In other words, USD 90 million flowed from Axiata to Southern Coast Ventures two weeks before Bhavana Singh Shrestha, the owner of Sunivera who is married to Acharya, signed an agreement with Axiata to work together as shareholders of Ncell in Nepal.
Axiata denied any breach of the law in Nepal or other countries, in respect of these transactions and the organisations have found no evidence to suggest otherwise. Sunivera did not respond to the questions of investigative journalists.
But Axiata has not explained its dealings with Southern Coast Ventures in any detail. When the investigating organisations asked about them, the Malaysian telecom company referred us to its corporate filings, which provide next to no information about this company and none at all about its owners.
Axiata also said it has paid more than USD 420 million in capital gains tax in Nepal on its acquisition of Ncell, though this tax payment is in dispute between Axiata and Nepal and is currently going through arbitration.
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