Home News Eswatini flagged in tax transparency shortcoming
News

Eswatini flagged in tax transparency shortcoming

Share
Attendees in one of the recent meetings of the Global Forum on Transparency and Exchange of Information for Tax Purposes. (Pic: Global Forum)
Share

Eswatini has been flagged as a country that needs to improve its legal framework to better align with global standards on tax transparency and information sharing.

This is according to an analysis done by the Global Forum on Transparency and Exchange of Information for Tax Purposes.

The Global Forum is a multilateral framework within which over 170 jurisdictions participate on an equal footing. It monitors and peer reviews the implementation of the international standards on transparency and exchange of information on request (EOIR) and on automatic exchange of information.

It also said that the country needs to improve availability of accounting and banking information.

The kingdom is one of three countries that were outlined as having gaps in tax transparency. The other two are Vietnam and Jordan.

The peer review organisation released its 2025 report on August 10, stating that Eswatini currently relies solely on its anti-money laundering (AML) framework, which does not cover all relevant legal entities and arrangements.

 “Eswatini relies on only the anti-money laundering framework for the availability of beneficial ownership information; however, not all companies, partnerships and relevant co-operatives are covered by customer due diligence under the AML framework since they are not obliged to engage and have a continuing business relationship with an AML-obliged person.”

One of the dangers of this, the report states is that beneficial ownership information may not be available for all relevant legal entities and arrangements.

“Moreover, there is no guidance for some relevant non-financial businesses and professions subject to AML obligations to rely on for proper identification of beneficial owners of their clients. Therefore, the beneficial ownership information available may not be appropriate.”

In addition, the report found that there is no specified frequency in the AML framework for updating the customer due diligence information (including beneficial ownership information) by all AML-obliged persons, therefore, beneficial ownership information of all companies, partnerships and relevant co-operatives kept by AML obliged persons may not always be up to date.

The report further states that Eswatini’s exchange of information (EOI) instruments contain confidentiality rules requiring information exchanged to be kept secret and only be disclosed in accordance with the agreements which are in line with the standard.

“Moreover, the provisions of Eswatini’s domestic legislation on confidentiality, which apply in particular to tax officials, also provide for the confidentiality of exchanged information. However, the domestic legal and regulatory framework in Eswatini is not consistent with the standard as information received may be disclosed to persons not authorised by the EOI agreements.”

The report recommended that Eswatini must address this gap as currently, Eswatini’s legal framework cannot ensure the confidentiality of treaty information received by Eswatini, especially where such information is disclosed to other agencies, other than the Eswatini Revenue Service.

Moreover, the report states that there is no clear hierarchy between exchange of information agreements and domestic law to resolve the potential conflict between Eswatini’s domestic disclosure provisions and the provisions contained in treaties relating to the disclosure and use of exchanged information for tax purposes.

*Full article available in our publication

Share

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Don't Miss

Chinese nationals challenge re-arrest

MBABANE - The 25 foreign nationals from the People’s Republic of China are challenging their re-arrest and detention at Mafutseni Police Station. The...

Customary marriages declared in community of property

MBABANE – The High Court has declared the long-standing practice of treating marriages under Eswatini Law and Custom as being out of community...

Inyatsi Construction building foundations of First World future

For more than four decades, Eswatini has witnessed one of the most significant periods of infrastructure development in its history. Under the leadership...

No more USA Visa processing in Eswatini

MBABANE – In a move that will significantly alter travel logistics for Eswatini nationals, the United States Embassy in Mbabane will cease accepting...

King moves to save Ncangosini residents from eviction

KONTSHINGILA – Hundreds of residents living on a privately owned farm at Ncangosini, Kontshingila, are set to be spared from eviction after an...

Related Articles

I don’t have money to compensate them – Polycarp

MONENI – Moneni overseer Prince Polycarp says he does not have the...

New regulations to crack whip on online media

MBABANE - For sometime, government has struggled with creating a fair, ethical...

Chinese nationals seek hotel accommodation pending deportation

MBABANE – Eleven Chinese nationals have approached the High Court seeking an...

PM reaffirms Eswatini – Taiwan partnership upon arrival in Taiwan

MBABANE-Prime Minister (PM), Russell Mmiso Dlamini, has reaffirmed Eswatini’s enduring partnership with...