The Tax Justice Network’s French podcast: Le digital peut être au service de la Justice fiscale, mais des défis demeurent, Edition 29

Pour cette 29ème édition du podcast francophone édition de votre podcast en français Impôts et Justice Sociale avec Idriss Linge, nous revenons sur la fiscalité minimum des multinationales en rapport aux services du digital. 130 pays dans le monde ont finalement trouvé un accord pour un seuil minimum d’imposition de grandes entreprises, mais de nombreux défis demeurent. Du digital, il en a aussi été question lors des rencontres annuelles de la Banque Africaine de Développement, comme un levier pour l’amélioration des ressources domestiques. Toujours sur ce sujet, les mairies de la francophonie souhaitent tirer profit des activités commerciales digitales en les taxant, et on mené une réflexion y relative à Yaoundé au Cameroun. Enfin, le Cameroun est restauré dans le processus ITIE, mais les questions de propriétés réelles et de Publication de contrats sont encore de grosses préoccupations.

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Le digital peut être au service de la Justice fiscale, mais des défis demeurent #29

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What does Brexit mean for tax havens and the City of London?

By Nicholas Shaxson

It is Mansion House time again. Every year Britain’s Chancellor (finance minister) makes a speech at Mansion House, a spiritual home of Britain’s financial sector and the official residence of the Lord Mayor of London, where he (the Chancellor is always a ‘he’) declares his love and support for the country’s oversized financial sector, promises to tread lightly on tax and regulation, and urges it on to greater glories.

The latest speech just given by the current Chancellor, Rishi Sunak, was no exception, praising ‘ground breaking’ new financial services deals with the tax havens of Singapore and Switerland, defending “the global norms of open markets,” and “sharpening our competitive advantage in financial services.”

The words ‘competitive advantage,’ or ‘competitiveness’ when applied to a financial sector, are clear warning signals for those of us who look closely at these things. To be precise, they are signals of a dangerous ideology, one that prioritises the interests of mobile financial capital over those of broad populations and democracies. And since Britain formally exited from the European Union last December 31st, these signals have been coming thick and fast.

In January, for instance, Greenpeace UK launched a petition containing this:

“Bee-killing neonicotinoids have been banned across Europe since 2013, but the UK government has just approved these deadly chemicals.”

A few hours later, the Financial Times published this:

“UK workers’ rights at risk in plans to rip up EU labour market rules.”

Soon afterwards, Big Four accounting firms appeared to be delighted about plans to opt out of certain EU transparency rules about abusive tax arrangements. There has been talk of loosening stock market listing regulations. We hear that the UK is relaxing regulations on ‘dark pools’ – profitable trading platforms for investors, away from scrutiny, and potentially cutting back on various other finance-related rules and regulations. The government has announced plans for “freeports” (or “sleazeports,” hat tip) which have a record around the world for hothousing criminality and abuse and failing to boost even local economic growth. The UK is stepping outside an EU ban on exports of potentially toxic plastic waste to lower-income countries. Fears are rising that the UK may position itself as a “data haven” of lax standards, to attract predatory data-hungry businesses. The Penrose Report, an official review of UK competition policy released in mid-February, looks like another deregulatory push in a “power to the people” packaging. Forces are now pushing hard for a new super-regulator to ensure that UK finance regulators are more “supportive” of the City of London.

Inside the ruling Conservative Party there has been a clamour for a wider “bonfire” of regulations and tax cuts, even as they continue to pursue broad austerity for the majority of the population. As one wag put it on twitter:

“We have a rather crap car in this race, so we can make it ‘competitive’ by removing the roll cage, fire extinguisher, mirrors, brake lights etc.”

It’s a strategy to win a supposed race, that carries, shall we say, risks.

Power struggle

The deregulators don’t have it all their own way. Many remember the carnage of the last global financial crisis, spurred in large measure by “competitive” deregulation of this kind, much of it happening in London under a Labour government. (There are voices among the ruling Conservatives urging caution too.)

Even Chancellor Sunak seems divided, up to a point. He has joined the arsonists in advocating a “Big Bang 2.0” for the City of London – a reference to Margaret Thatcher’s explosive deregulation of finance in the late 1980s, which helped lay the conditions for the global financial crisis and the rise of finance into a near-invincible position of power in the UK. On the other hand, the same Chancellor Sunak recently hiked headline corporate tax rates significantly and admitted – shockingly to many Conservatives – that:

“Over the last few years haven’t seen that step change in the level of capital investment that businesses are doing as a result of those corporation tax reductions.”

UK Chancellor Rishi Sunak

Many bosses of big businesses and even finance companies are saying they don’t want to slide further along this slope either. More striking still, even the tax directors of major multinationals are saying that tax cuts hardly influence investment decisions, and that they largely support higher taxes on multinationals as part of wanting to “do the right thing.” This line of thinking is the opposite of the race-to-the-bottom “competitive” mentality, and there are extremely welcome signs coming from the United States now, where the Biden Administration has made some profound philosophical shifts in this area, as we’ll see below.

But in the UK, the deregulators have the upper hand

Yet in terms of public policy, the overall direction seems to be downwards, into a post-Brexit race to the bottom, as we have warned before.

Britain is walking further along the tax haven road – a strategy of degrading taxes, rules and enforcement in the hope of luring money from the oceans of mobile capital that roams the world hunting for kid-glove treatment, secrecy and handouts. Brexit, according to this model, ‘frees Britain to compete’ without burdensome EU regulations to hold it back. This would, as the Tax Justice Network’s John Christensen said in a speech to the European Parliament in 2019, “give the fox full access to the henhouse.”

The EU is taking a dim view of this broad direction, with almost no current prospects for the City of London to be granted “equivalence” status which would recognise the UK’s regulatory regime to be good enough to allow UK-based financial firms to sell services seamlessly across the EU. In the absence of equivalence, significant financial activity has already migrated to Europe.

This article will explore four big questions. Where does this “competitive” model come from? Was Brexit “caused” by tax haven actors and the City of London financial centre? Who will win, and who will lose, specifically, if this bonfire of financial regulations goes ahead? And how could Britain channel this momentous rupture in better, healthier directions?

Along the way, this article will expose the great ‘national competitiveness’ hoax and show why a strategy of pursuing this rootless global capital does not just hurt other nations: it harms Britain too.

Once we understand this we can see how Britain can act unilaterally in its own interest, doing exactly the opposite of what a supposedly “competitive” strategy would entail, and without needing to be part of a collaborative international project like the EU. A clear alternative path would re-invigorate British democracy and boost prosperity at the same time. This path lies in actively seeking to shrink the financial sector back to its useful core, and to implement “smart capital controls” in particular ways to exclude harmful financial activity from the UK.

How did we get here? Empire 2.0

Was the City of London financial centre and the “offshore interest” in Britain behind Brexit?

Not exactly. Many if not most people and institutions in the City of London actively opposed Brexit. Most of Britain’s large banks, law firms and insurance businesses had long grown used to the rules of the EU Single Market, which granted them “passporting rights” allowing them to establish branches in and do business across the zone with minimal cross-border kerfuffle, while being regulated and supervised in their home country. British tax havens like Jersey and Guernsey were mostly not cheerleading the Brexiteers: although they were previously locked out of the Single Market for financial services, suggesting that Brexit may not be such a rupture for them – it will be hard, because without Britain to lobby for them in Brussels, they are now more vulnerable to things like EU blacklists.

No, the British rupture with Europe has many fathers: Europhobic media barons; genuine anger at distant and élite EU technocrats (and at a mostly pro-EU British élite establishment that helped deliver the global financial crisis and other marvels); billionaires buying influence or mis-direct public anger about inequality and deprivation towards “wokeness” and other cultural memes; or dark-money funding for Brexit politicians who then lied about the benefits of Brexit, and more.

But finance, and especially offshore finance, certainly played a big role. To grasp this, it is necessary first to understand how finance gained such a grip on British politics, society and even culture – and how the “offshore interest” became so powerful within the financial establishment.

City of London skyline
The City of London skyline

The City of London, (or “The City,” the colloquial term for the UK’s financial services sector,) was the “governor of the imperial engine,” as the historians Cain & Hopkins put it in their seminal title British Imperialism: it was the big global turntable for loans and finance across the colonies and beyond. The City grew rich and powerful, and became the dominant political force in Britain, particularly since the 19th Century.

After the finance-induced Depression of the 1930s, the world began to appreciate more keenly the dangers of letting finance become too dominant, or flow freely across borders. After the Second World War governments implemented progressive economic policies: eye-wateringly high taxes on rich people; nationalisations, powerful antimonopoly stances – and stringent controls over finance, including very tight curbs on cross-border financial flows.

This financial ‘repression’ and progressive policy-making lasted for a quarter-century after the War. The City and Wall Street loathed it – but it fostered what is now called the “Golden Age of Capitalism”: economic growth was higher, and more broad-based, than in any period of world history, before or since. (For more on all this, read this or watch this.)

As prosperity spread widely, however, powerful forces were already massing against the controls.

The first happened around the time of the Suez crisis of 1956, when Britain and France lost control over the Suez canal in a humiliating defeat. Colonies saw how weak the war-shattered imperial powers now were, and a wave of decolonisation followed. Britain’s dominant élites were doubly horrified because of their double sense of entitlement: first, that Britain should “rule the waves”, and second, that a certain class of finance-focused, overseas-looking ‘gentlemen’ should rule Britain. These people began looking for a grand new post-imperial role – and they found it in a new offshore model.

A new strain of finance emerged in London in 1956, the year of the Suez crisis. Essentially, banks began doing international business in London that wasn’t denominated in the Pound Sterling currency and was thus not plugged into the British economy. This wasn’t allowed under the international “Bretton Woods” rules to curb cross-border financial speculation, but the Bank of England decided to treat the activity as if it were happening “elsewhere” (which meant, in effect, nowhere) and opted not to regulate it.

Foreign banks, especially American banks, noticed fast: operating in this libertarian “offshore” zone was far more profitable than under the tight “onshore” controls, and this so-called “Eurodollar” market grew explosively. Meanwhile, a string of British “Overseas Territories” and “Crown Dependencies,” the residue of Empire, still substantially under British control, began to carve out niches as tax havens, offering secrecy and an almost complete absence of rules. Bankers in these territories – including Bermuda, Cayman, the British Virgin Islands and Jersey – began gleefully hoovering up drugs money and the proceeds of all sorts of other nefarious activity. This “Spiderweb” of British tax havens got plugged into the London-based Eurodollar market, while other non-UK tax havens joined in, from Switzerland to Panama, creating a rather seamless offshore zone where money could flit across borders at the click of an accountant’s pen (and, later, at the click of a computer mouse.) This system for escaping the Bretton Woods controls became the silent, hard battering ram of global finance, which from the 1970s onwards began punching ever bigger holes in the leaking international controls that had underpinned the Golden Age of global prosperity and stability.

Along with this battering ram came a story, a complementary ideology: a globalised version of what gets called neoliberalism. Neoliberalism is the idea that anything that isn’t nailed down should be sold off to the private sector and thus shoveled into the price mechanism and the rigours of “the market,” which would constantly sort everything into winners and losers and thus deliver the best and most efficient possible world. A wave of think tanks and academics, often based in Chicago, began to wield clever models full of mathematics, to push the idea that universities, hospitals, train networks – even the office buildings under the feet of Her Majesty’s tax inspectors – should be sold off, to be sorted by the hyper-efficient sorting machine of the market.

But it wasn’t just people and things and public life that needed to be judged by “the market”. Under a vision first formally theorised by the US academic Charles Tiebout – who first offered his theory up as a joke – it was whole countries too, which could “compete” heroically in a Panglossian market-based global sorting machine. Each nation would offer bundles of tax rates and regulation, together with packages of infrastructure and educated and healthy workforces, for the delectation of rootless capital. Investors would flit from one jurisdiction to the next in great shoals, ripping their kids out of schools and uprooting their factories, at the drop of a tax inspector’s hat.

In this formulation, society was absent and financial capital, picking and choosing from this global smorgasbord, was firmly in the driver’s seat. Countries had no choice but to be “competitive”: low taxes, loose regulations, an absence of “red tape,” and no ‘snooping’ on the activities of clever people by clod-hopping government bureaucrats. Financial secrecy was all the rage.

The Competitiveness Agenda

British Prime Ministers, from Margaret Thatcher to Tony Blair to Boris Johnson, fell under the sway of this “Competitiveness Agenda.”

To foreign audiences, as the historian Matthew Watson put it, Blair spoke of the opportunities from globalisation and from investing in Britain, managing expectations upwards; while to domestic audiences, he managed expectations downwards, couching globalisation as more of a threat: that business interests needed to win out over workers, taxpayers, and the general public (p103).

This wasn’t just a British agenda: a raft of “Third Way” politicians around the world had similar views that rootless global capital must be pandered to. Witness US President Bill Clinton’s belief in kow-towing to finance for “competitiveness’” sake, or Germany’s Harz reforms to underpay German workers in order to promote German exports, for example. What set the British model apart from many others was the focus on finance: the most dangerous of all the sectors to play around with.

In 2005, just ahead of the global financial crisis, Blair urged that we “roll back the tide of regulation,” decried “over-zealous enforcement,” and advocated that “those doing well get a light touch approach.” He attacked financial regulators for being “hugely inhibiting of efficient business by perfectly respectable companies that have never defrauded anyone.”

UK Prime Minister Tony Blair and US President Bill Clinton in September 1998

The global financial crisis that erupted soon afterwards, and the public anger that followed, should have consigned this Competitiveness Agenda to the dustbin of history. After all, it merely gave substance to what every sane economist has always known, that this kind of “competitiveness” is, as the economist Jonathan Portes put it, “meaningless fluff. . . a distraction from what is really going on” (p106). We will explore this, further down.

The zombie agenda lives again

Such was the idea’s potency, however, and its deep grip on Britain’s politics and culture, not to mention its convenience to the finance-heavy ruling classes, that it survived – softened after the crisis somewhat, but still very much alive today.

Before the global financial crisis, UK financial laws referred to the “desirability” of maintaining Britain’s competitiveness in financial regulation. The word was expunged from the lexicon after the crisis, and in particular from the 2012 Financial Services Act, amid a widespread recognition that it was a ‘competitive’ race on laxity between New York and London in particular that caused so much of the damage. Yet although the c-word was mostly expunged from public discourse after the crisis brutally exposed its bankruptcy, it was merely driven below the surface, waiting, hoping, to return.

Like mushrooms that are merely the surface fruitings of giant underground fungal organisms, a host of dog-whistle phrases signified the survival of the Competitiveness Agenda: “open for business;” “global, free-trading Britain;” “freedom to compete;” “top-ranked financial centre;” “proportionate financial regulation.” and still, at times, despite everything that happened in the crisis, a “competitive” tax system or financial sector” (e.g. Section 2.44) Some talk of a “Singapore on Thames” model, with the Asian tax haven as being something to aspire to, without thinking too hard about the parallels.

The concept is now, post Brexit, rallying for a comeback. A new Financial Services Bill, now being processed, has snuck worrying clauses back in, with a proposed duty for regulators to “have regard” for the attractiveness of the UK as a place for “internationally active investment firms to be based or to carry on activities.” That is the competitiveness agenda, by stealth, right there. More openly, a new report from a Task Force for Innovation, Growth and Regulatory Reform calls repeatedly for using regulatory laxity, and shows that people are becoming bolder about using the c-word again, with sentences like: “UK regulation can be a significant driver of our international competitiveness.” (Watch a data privacy expert skewer the report, here.)

Brexit, in this view, has been a chance to let Britain stride forth in the world, unburdened by Brussels’ red tape, and to “compete” again with the greatest, putting British businesses on their toes, spurring them to ever greater feats of dynamism and innovation.

This Competitiveness Agenda dovetails with another alluring idea, again broadly supported by the general public because it sounds reasonable and most people haven’t thought too hard about it. This is the idea that Britain’s route to national prosperity is through growing the City of London financial services sector. As in, ‘More finance makes us rich: and too much tax and regulation here will make the City ‘uncompetitive’ so we’ll hurt the country. So we must swallow our envy and just let those clever rich people do their thing and generate the wealth and the jobs and take the tax revenues where we can.’

The leading proponent of this Big-City ideology is TheCityUK, a peculiar public-private lobbying force, “directed, organized, co-ordinated and encouraged by a state agency as a matter of strategic national importance,” whose speciality is to publish glowing but utterly twisted assessments of the “contribution” of the finance centre to the UK economy – reports that are often regurgitated by busy (or craven) finance journalists.

The essence of this idea – that the financial sector is Britain’s goose that lays the golden eggs, and must be treated deferentially –well, who questions it? Former Bank of England governor Mark Carney pursued it, gushing in 2017 about the prospects of a City twice its size if Brexit goes well. The link between this idea and the Competitiveness Agenda is simple: if a bigger City makes Britain more prosperous, and mobile finance can flee elsewhere if it doesn’t get what it wants, shrinking the City, then Britain has to pursue ‘competitiveness’ in financial services, to make financial services bigger, in the national self-interest.  

We will soon explore why the very foundations of this vision rest on elementary fallacies and intellectual quicksand. But first, it is worth briefly side-tracking into a darker, crystallised version of this vision: a mini-ideology held by a small but powerful vested interest, with its own élite sub-culture and its own outsized impact on Brexit.

The offshore vested interest

Britain’s government, and to a degree its political system, media and even society, has come significantly under the thrall of a loose, rather libertarian alliance (or “solar system”) of influential people plugged into offshore tax havens. The players in this ‘offshore’ interest nursed a mix of reasons, personal, political and ideological, behind their support for Brexit. Some, like tax haven financier Arron Banks, funded key Brexiteer lobby groups, with money from often murky sources, with connections from people linked to the disastrous corruption-fueled mass privatisations after the collapse of the Soviet Union, including Boris Johnson’s former “Rasputin,” Dominic Cummings. This loose offshore interest group also includes Jacob Rees-Mogg, an upper-class pro-Brexit politician who has been co-owner of a major offshore investment firm; Richard Tice, leader of the Brexit Party whose family has deep offshore links, and a few others.

These people, and the often mysterious money behind them, were a significant factor behind Brexit: it is quite easy to argue, given the narrowness of the vote, that their influence flipped the vote from Remain to Leave.

If there is an ideology for these hardliners, it was perhaps first espoused by Rees-Mogg’s father William, author of a book called The Sovereign Individual, a favourite of Silicon Valley libertarian times. The book foretold ever greater difficulties financing welfare states as mobile capital increasingly escaped the grubby bonds of the democratic state. Subscribing to the fictional Littlefinger’s “Chaos is a Ladder” theory of getting rich, the book urged the talented, privileged “sovereign individual” to thrive by embracing the offshore mystic, by cheerleading chaos, and by advancing the offshore project itself.

William Rees-Mogg, Baron Rees-Mogg
© National Portrait Gallery, London

Many adherents of the offshore world view are, like the Rees-Moggs, associated with the ruling Conservative Party. The essential idea is that Britain, broken free from the tiresome “shackles” of Europe would be “free” to deregulate, cut taxes, facilitate financial secrecy, and generally become more of a tax haven than it already is. One could argue that theirs is the freedom of the fox in the henhouse: for the “sovereign man” to better exploit the rest.  

Does this “competitive” approach work? It certainly does for them. But for the country as a whole, it is a different – and widely misunderstood – story.

Upgrade for productivity, downgrade for “competitiveness”

“Competitiveness” – as in a ‘competitive’ country, or tax system, or financial regulatory system – sounds great. But it is a fools’ (or a knaves’) errand.

A couple of examples illustrate the fallacies that lie at the heart of this Competitiveness Agenda.

First, consider the near-impossibility of prosecuting crimes and abuses by major financial actors in London. In the words of Liberal Democrat peer Baroness Kramer last February:

“One of the most damning descriptions I ever heard of UK regulators … is that when a US regulator comes to an institution, that institution is in fear; when a UK regulator comes to an institution, people go and make tea.”

Baroness Kramer
© Roger Harris

Make no mistake: this is the “competitiveness agenda.” Give mobile capital an easy ride, by weakening and removing laws and rules, then not enforcing them. Kramer’s is just one in a long line of warnings about this. If you want more detail on this laxity, perhaps look at this litany of British crime-friendly laxity, or read this 2019 research report comparing US and UK enforcement of financial crimes and misdemeanours, which concluded that “The UK is effectively outsourcing its corporate financial crime enforcement to the US.”

These British failures aren’t a weakness or aberrations of a system designed by benevolent government to deter bad actors: they reflect a deliberate strategy to entice – and consequently to encourage – abusive, and even criminal actors to operate in (or via) Britain’s financial system, often via its tax havens. Once you start looking for this Competitiveness Agenda, you’ll find it everywhere.

Tax authorities have been quietly, steadily defanged: so have financial regulators, competition authorities, and others.

On tax, recent history illustrates again why this competitive strategy does not work. Britain’s policymakers long boasted of seeking “the most competitive tax system in the G20” and slashed its headline corporate tax rate, from 30 percent for most of the 2000s, to 19 percent. On the government’s own figures, each percentage point cut in the headine rate cost an estimated £3.4 billion in lost corporate taxes, equivalent to the annual salaries of over 100,000 teachers.

Is this trade-off good? Does shifting £3.4 billion (or over £37 billion, given the 11 percentage point cut) to multinationals each year somehow make Britain more ‘competitive,’ given the losses elsewhere? With that much money, you could run 20 Oxford Universities, or send a million British children to the elite Eton College, at least if you could fit them all in. And that’s not to mention other damage from these cuts: higher inequality, greater monopolisation as highly profitable giants thrive at smaller businesses’ expense, and more.

Those are quite some costs to the UK. What are the benefits to the UK? Well, all the non-partisan evidence shows that the direct benefits of these cuts generally flow to shareholders. In addition, around 55 percent of UK quoted shares are owned by non-residents, so those tax cuts aren’t just shuffling money about inside the UK from poorer to richer sections of the population: most of the benefits leak overseas.

In terms of the indirect benefits, well, this tax-cutting is supposed to attract foreign “investment” to counteract the costs. We have explained on several occasions why these tax-cut lures just don’t work. Chancellor Rishi Sunak, as a reminder, admitted that these swinging UK corporate tax cuts didn’t attract useful investment; those tax directors we mentioned just admitted the same; and survey after survey of business leaders shows that their top priorities are good infrastructure, the rule of law, healthy and educated workforces, and access to vibrant local markets – most of which require good tax revenues. In these surveys, tax cuts and lax regulations are a low priority.

So a “competitive” tax strategy has delivered a raft of costs to the wide UK population and economy, and any benefits have flowed to a far small section of people, including accountants who do very well out of the system themselves and yet are allowed to advise the government on policies. Tom Bergin’s excellent new book Free Lunch Thinking explores the cost-benefit imbalances in great detail.

So what does it mean for a country to be “competitive”?

Policies on investment and national development can take different approaches. One is “upgrading” – for example, strong public investment to improve education or infrastructure, or strong public interest regulation to shepherd and select for businesses acting in the public interest. If Germany successfully upgrades its education, that may well make Britons better off, as richer Germans buy more UK goods. Similarly, if Britain regulates to improve its own financial stability, Germans will be less likely to be impacted by financial crises. Upgrading improves one’s own long term productivity and has nothing to do with “competitiveness” relative to other countries. Everyone wins. Indeed, in a seminal 1994 article “Competitiveness: a dangerous obsession” – the US economist Paul Krugman described competitiveness as just “a funny way to say ‘productivity’.”

A second, “competitiveness” approach, involves “downgrading”. Financial capital flows freely across borders, and countries dangle incentives or subsidies to attract it. Examples include relaxing capital requirements for banks; reducing enforcement of criminal behaviour by financial actors, creating tax loopholes for billionaires or multinational corporations, eliminating minimum wages or crushing trade unions, relaxing environmental laws, or having weak competition policies that let dominant firms exploit British consumers, workers and taxpayers more easily.

A man delivers an Amazon package
A delivery worker delivering an Amazon package

These ‘competitive’ policies are always harmful in the long run. Worse, if Britain downgrades to stay internationally “competitive,” tax havens and other jurisdictions will respond in turn, provoking a race to the bottom. UK taxpayers must continually fork out ever greater subsidies to those capital owners, just to stay in the race. Downgrading regulation selects for the worst firms, most willing to exploit. Inequality and public anger inevitably rise. So does corruption, as firms jostle and lobby to access and expand the growing train of “competitive” subsidies.

The winners in this “competitive” race are – always –large monopolising multinationals and wealthy individuals, while the losers are small businesses, local communities and the general public.

One of the most significant statements on ‘upgrading’ versus ‘downgrading’ comes from the Biden administration, which has made very clear which side of the divide it stands on, in a statement on April 7 announcing a new tax package.

And this world view seems to be reflected across many policy areas. Here’s Katherine Tai, U.S. Trade Representative:

“This inequality isn’t fair or sustainable. It didn’t happen overnight. It is the result of a long pursuit of tax, trade, labor, and other policies that encouraged a race to the bottom.”

The way forward in international tax negotiations spurred by a recent meeting of G7 leaders will be messy and full of pitfalls, but this is a profound philosophical shift. Crucially, these approaches are popular. Majorities vote heavily against the ‘downgrade for competitiveness’ version because they are fundamentally anti-democratic.

In short, this ‘competitive’ race harms the countries that engage in it, and it is unpopular too. So it is worrying that in post-Brexit, Britain, as explained above, and in the words of this excellent analysis of UK financial services by Chaminda Jayanetti, “Competitiveness is making a comeback.”

And this brings us to the finance curse.

Brexit and the Finance Curse

Britain’s public, media and political classes have long been gripped by an idea that the City of London financial centre is the goose that lays our golden eggs. Organisations like TheCityUK put out streams of reports, often repeated by journalists without serious question, apparently showing the scale of the City of London’s “contribution” to the UK economy, showering jobs, investment and tax revenues on the rest of the country.

This pervasive idea has a dangerous subtext: that if this is our Golden Goose, then we need to feed it and pamper it. That is, feed it with “competitiveness” – tax cuts, deregulation, lax antitrust policies, and all that downgrading, effectively shifting wealth from ordinary people in the UK to owners of mobile financial capital, in pursuit of “competitiveness.”

This narrative is, once again, founded on elementary economic confusions.

The first fallacy is those supposed “contributions” in terms of jobs and tax revenues are gross benefits, with the costs stripped out. Once you add in the costs, a very different picture emerges. This can be illustrated with two images, which we’ve used before.

The picture on the left is uncontroversial: it shows how any financial sector contains useful parts, which support the economy of the country that hosts it, and harmful predatory parts, which extract wealth from it. Clearly, there are large grey areas that are a mix of both.

The IMF graph on the right, complementing this, reflects the findings of a growing strand of the academic literature, known as “Too Much Finance.”

Countries with underdeveloped financial sectors can usefully expand them to support their economy. But there is an optimal point, where a financial sector provides the useful services the underlying economy needs: and if it expands beyond this optimal size this reduces economic growth in the country that hosts it. Data suggests that the UK’s financial sector passed its optimal size some time in the 1980s, and just kept growing – inflicting terrible damage on the UK.

Again, we stress, excess finance does not just redistribute the pie unfairly: it shrinks the overall pie too. (There are other reasons for the apparent paradox that “too much finance makes you poorer” beyond predatory rent-seeking: see our first co-authored academic paper on this, from 2016.)

This leads to a simple proposal or slogan: that for countries past the optimal point, like the United Kingdom, we should “shrink finance, for national prosperity.” Shrink the harmful parts, in red in the left hand image, and keep hold of the good parts.

None of this should even be controversial: the only real argument is about the relative size of each part. As explained above, the “competitive” policies to attract mobile capital to the UK are harmful, because they are of the ‘downgrading’ kind (and anything that might get called “competitiveness” which is beneficial is “upgrading” – so it isn’t “competitiveness.”

Putting all this together, we can rephrase this slogan as “oppose competitiveness, for prosperity.” (We have said this all before, on tax: this is the finance version.)

This broad analysis has profound and optimistic implications for democracy, because it opens up a world of political possibilities for tackling some of the great problems of our age.

Currently, voters and politicians are hamstrung by the Competitiveness Agenda: they may want higher taxes on rich people or on big banks, or stronger regulations to curb financial scandals and abuses – that is, upgrading — but they fear that these people and organisations will disinvest and run away to Geneva, Singapore or Panama, where regulation is lighter. Businesses wield this threat all the time. So nothing gets done, and standards slip.

Boots tax protest, Oxford Street, London, March 2011 © Chris Beckett

The race, to many people, looks like a collective action problem, where it is everyone’s shared interests to collaborate, but in the interests of each individual player to cheat. The classic solution to a collective action problem is to co-ordinate and co-operate. Governments get together to agree common thresholds, beyond which they won’t sink, or downgrade. This can work: the OECD programs such as BEPS (to tackle multinationals cheating on their taxes via the international system) or the Common Reporting Standard (CRS) where countries agree to share information on the wealth holdings of rich folk, to improve transparency.

But international collective action is weak medicine. Countries feel the incentive to cheat, it’s also hard to mobilise powerful domestic coalitions to support complex international collaborations – and try getting China or Russia or Luxembourg or Ireland on board in any case.

The finance curse analysis provides a clear and powerful route out of the collective action problem. If we should “shrink finance, for prosperity” – then we can step unilaterally out of the race. We need not wait for international collaborations, in the meantime downgrading our tax laws and financial regulations to stay in the race. The finance curse tells us to do exactly the opposite. Upgrade, chase away the bad actors, and even though the financial sector as a whole will be smaller, the wider economy will be more prosperous.

We can just upgrade, in our own domestic self-interest. This is a far more potent political proposition that can mobilise powerful domestic coalitions behind it.

Has Brexit helped, by shrinking the City of London?

Brexit certainly isn’t the way we would have shrunk the City of London, to boost Britain’s prosperity. But amid all the dark clouds of Brexit, this could be an unintended positive outcome, depending on how this all shakes out. From the EU’s perspective, Brexit also removes a powerful lobbyist that has done much to create harmful regulation in the EU. Europe, too, should take on board the finance curse analysis, as we argued in the Financial Times in2018, and strenuously avoid trying to lure financial activity away from London using ‘competitive’ lures.

Post-Brexit Britain: a global builder or berserking destroyer? The latter currently looks likely. But it is not inevitable.

Much will depend on which faction in the British ruling establishment gets the upper hand, in the years to come.

How to stop #LuxLetters and the abuse of tax rulings

Written by Leyla Ates, Andres Knobel, and Markus Meinzer.

One of the most powerful tactics a multinational corporation can use to abuse tax is to secure a tax ruling in one country that gives the corporation written permission to exercise an abusive interpretation of the country’s tax law in a way that ultimately enables the multinational corporation to underpay tax in other countries where it operates. While in recent years countries have started privately exchanging or publishing some information on the tax rulings they issue to multinational corporations, these partial disclosures are not enough to stop the use of tax rulings for corporate tax abuse. Even if the full text of tax rulings were disclosed, it can still be impossible to understand how much corporate tax is being underpaid.

We propose here a number of measures to address this. In summary, each ruling should:

1. Be published online
2. Identify the legal person(s) involved and their tax advisers
3. Include the multinational’ country by country reporting data
4. Include a description of the full tax scheme, including any other rulings or schemes involved
5. Include an assessment of the tax impact

States should also commit to: 

6. Protect and reward whistleblowers who reveal undisclosed tax rulings
7. Allow anyone to challenge the validity of a ruling

Tax rulings as tools for tax abuse 

In essence, tax rulings are resolutions by a tax administration that give some level of certainty to taxpayers about how the tax administration interprets a specific regulation or transaction. Usually, a tax ruling on its own isn’t enough to enable tax abuse, but it can be a crucial part of a larger tax abuse scheme. When used constructively, tax rulings may help taxpayers understand and properly apply an ambiguous regulation, saving both taxpayers and the tax administration time and resources. However, over past decades tax rulings have increasingly been used as powerful tools for tax abuse. This is especially the case with “unilateral cross-border tax rulings”, where the tax administration of one country “unilaterally” issues a tax ruling that will have effects on the tax obligations of a taxpayer, such as a multinational corporation, in many countries. Due to the international or “cross-border” nature either of the taxpayer (eg a multinational corporation operating in several countries) or the transactions (eg interest payments on a loan a multinational corporation lent itself from a subsidiary in one country to a subsidiary in another country), a unilateral cross-border tax ruling can give a multinational corporation legal cover in one country to undermine the rule of law in other countries.

Abusive tax rulings can sometimes be unintentional consequences of a lack of capacity in a tax administration to understand the effects of a ruling, or of recklessness and corruption in a tax administration. At other times, abusive tax rulings can be part of a tax haven’s wider, deliberate efforts to attract multinational corporations by enabling them to reduce their tax liabilities in other countries.

In these latter cases, abusive tax rulings are utilised alongside other abusive mechanisms with the misguided intention of generating service fees and local spending from accountants and other professionals involved in the facilitation of global tax abuse. In reality, this strategy has been repeatedly seen to fail to generate sustainable, local economic development. Where more economically successful, it tends instead to impose a “finance curse”, a well-documented phenomenon where an oversized financial sector begins to extract wealth from other sectors of the economy, driving inequalities and ultimately shrinking the country’s overall economy. Aside from the economic consequences, hosting global tax abuse and an oversized financial sector can also be detrimental to democratic processes, public services and safeguards against corruption. Politically, the responsibility for the ruling practice lies in most cases with Ministries of Finance and their elected politicians overseeing the tax administration.

A bit of history 

It’s likely that most people had never heard of tax rulings before the LuxLeaks scandal in 2014, which exposed secretive tax rulings issued by Luxembourg to ‘big four’ accounting firms in favour of some of the world’s most famous multinational corporations. In some cases, tax rulings in Luxembourg resulted in multinational corporations reducing their tax liabilities to less than 1 per cent of their (actual) corporate income instead of paying the statutory corporate income tax rate of then 26 per cent.

 Even then, many people would still have found it difficult to fully understand what tax rulings are or what they are used for. Tax rulings come in different forms, shapes and names: unilateral cross-border tax ruling , informal tax ruling, information letter, unilateral advance pricing arrangements, advance pricing agreements (APA), capital ruling, etc.

In some cases, the ruling is legally binding, so once the tax administration issues or confirms it, the tax administration has to abide by it and can be sued over it. In other cases, the ruling isn’t formally binding but it may provide enough assurance that the tax administration will not challenge a tax return or assessment which complies with the non-binding ruling or with the information letter that has been discussed and shared.

Nonetheless, the damaging effects of abusive tax rulings are clear to see, which raises the question of how tax rulings are still justified today. The answer is that countries and international organisations such as the OECD, a club of rich countries and the world’s leading rule-setter on international tax, promote tax rulings because they bring so-called “tax certainty”.

Is there a need for “tax certainty”? 

Tax certainty has become one of the key buzzwords in international tax in recent years that the OECD has made popular. Certainty is better than uncertainty, and surely tax is something you want to be certain about, so tax certainty must be a good thing, right? Tax certainty refers to the capacity to make an accurate assessment of the tax and compliance costs associated with an investment or transaction in a country. In other words, having tax certainty means if you’re setting up a company with a specific set of traits in a certain country, you can readily and confidently know how those traits will impact your tax obligations in that country.  

On the surface, tax certainty can sound beneficial, if not essential. The OECD and the private sector speak of tax certainty as an ideal scenario that would make life easier for taxpayers and usher in prosperity for society as a whole. More certainty would lead to more investments, more jobs and more economic growth.

The problem, however, is that when the OECD and private sector are talking about tax certainty, they’re primarily talking about bringing clarity to a specific, loaded question: what is the lowest possible effective tax rate? When you seek to clarify what the lowest possible rate can be instead of what the actual statutory tax rate is, the uncertainty you face does not necessarily come from the letter of the law itself, as is often implied. Rather, the uncertainty stems from the convoluted, sometimes secretive interpretations pushed by tax professionals that distort the law beyond its originally intended – at times very obvious – meaning. This uncertainty is manufactured and sold as a service by accountants and tax advisors to multinational corporations and the super-rich seeking to underpay tax. Moreover, schemes deployed by accountants and tax advisors routinely cross the fine line towards illegality. In 2013, the UK’s Public Accounts Committee, a government watchdog, heard testimony from a senior official at a Big Four accountancy firm who asserted that his firm would sell a tax scheme to a client even if they reckoned there was only a 25 per cent chance the scheme would survive a court challenge.

What this means is that tax certainty is often about getting clarity not so much on what one’s tax obligations are, but on which loopholes one can exploit without getting into trouble for tax evasion. 

Although tax certainty is often framed as a matter of making cumbersome state bureaucracy more streamlined and business-friendly, in reality it’s the industry of accountants and tax advisers, and the multinational corporations hiring them, that have made it incredibly difficult for tax authorities, legislatures and courts to keep up with and patch the loopholes manufactured to muddy states’ tax laws.

While tax laws tend to be overly complicated so that a lay person may indeed not understand much of it or what should happen in a specific case, multinationals and high net worth individuals usually hire big accounting firms and law firms who understand the law very well. In many cases, those big accounting firms and law firms may have been involved in writing some tax laws, whether through lobbying, as contractors paid by the state itself, or as part of a public consultation. In whichever case, there may well arise opportunities to understand or to insert loopholes in a country’s tax system, which paying clients can then be offered to exploit. 

In contrast, the “uncertainty” usually starts in a (tax abusive) process called “risk mining”. Here, tax advisers deliberately have multinationals pay low taxes counting on the (low) probability of challenge from the tax administration.  This may be due to the tax administration lacking the capacity to challenge all tax payments, or the political will to go to court without greater certainty of winning the case.  To have a sense of how bad a company’s risk mining, or tax abuse in general may be, company directors could easily check how far removed their effective tax rates are from the statutory rates of the country (over a period of time, and taking into account the investment cycle etc). And the public may soon be able to do the same once public country by country reporting has been enacted. All countries publish their nominal tax rates. With the exception of some openly zero-rate jurisdictions, the nominal rates are usually high – even for some of the obvious corporate tax havens such as Luxembourg and the Netherlands. However, multinationals know that they are able to achieve much lower tax rates. That’s why the Corporate Tax Haven Index  assesses the lowest available corporate income tax rate or LACIT  faced by multinationals. 

Low tax rate or secretive tax ruling? 

Given that most countermeasures against tax havens focus on the statutory tax rate, countries may be unwilling to reduce much their statutory rates to prevent becoming an obvious tax haven. As Luxleaks showed, that is precisely what Luxembourg did, where the statutory corporate tax rate of 26 per cent was very far from the less than 1 per cent effective tax rate actually paid by some multinationals. (More happily, this is also why current proposals for a global minimum corporate tax rate focus on the putting a floor under the effective rate paid in each jurisdiction.)

 Up until recently, tax rulings were confidential, so issuing abusive rulings was rather easy. Following the OECD Base Erosion and Profit Shifting (BEPS) Action Points and the amendment to the EU Directive on Administrative Cooperation (known as DAC 3), countries are now supposed to exchange information on cross-border tax rulings with the countries where the rulings may have an impact.

As assessed by the Tax Justice Network’s Financial Secrecy Index and Corporate Tax Haven Index, most countries publish very little information on rulings. This information usually consists of just a summary of the ruling, which may be three pages long or just one sentence, without delving into detail. In most cases, published rulings are anonymised, so it’s impossible to know which multinational corporations or other legal entities are utilising the ruling to underpay tax.

However, lack of public access isn’t the only problem. Even countries’ tax authorities have trouble obtaining and understanding information exchanged with them on tax rulings. As reported by the European Court of Auditors:

“according to the visited Member States and to the Commission’s evaluation of the DAC [Directive on Administrative Cooperation], the summary of uploaded rulings sometimes lacked sufficient detail for a proper understanding of the underlying information; it was difficult for Member States to know when to request further information and, if they did so, to demonstrate that it was needed for purposes of tax assessment.” 

Our indexes consider that tax rulings should be published online for free, should show the full text of the ruling and should name the legal person that requested it. But, is even this level of transparency enough to address the tax abuse risks posed by tax rulings? 

If you can’t hide or run, you can confuse them 

 In a world where tax rulings (including informal ones) are supposed to be exchanged between countries, multinationals cannot rely on financial secrecy alone to hide their financial affairs. And given that almost 140 jurisdictions have committed to the BEPS Action Points and so are exercising some level of public tax transparency and exchanging information, running to a different country is hardly an option for multinational corporations seeking to keep their financial affairs beyond the reach of the law.

That leaves multinational corporations and their tax advisory firms with one last strategy: confuse authorities and the public about the meaning and consequences of tax rulings. One way to do this it for multinational corporations to secure tax rulings that are unintelligible to anybody without first-hand knowledge of the ruling’s origin and purpose. Another, even better, way is to secure tax rulings that look irrelevant or inoffensive so as not to raise any alarms to outsiders.

To understand how legal terms in a tax ruling may be completely misleading to outsiders, let’s use an example with a much more common legal instrument: a contract. Think of how lawyers write. If you ever purchased something online or hired a professional service, the contract you agreed to may have said something like, “Each Party will use its best efforts to take all actions and…”. Reading that might make you feel reassured. The seller is making a commitment to work hard and put in their best effort, that sounds great! Wrong! That’s just their way out. As long as the party proves that they did “their best”, based on some business practice or standard, then they are off the hook and don’t need to deliver. 

This is precisely what happened between the EU and AstraZeneca when the company failed to deliver Covid-19 vaccines to the EU. As reported by Reuters, AstraZeneca chief executive Pascal Soriot “told newspapers on Tuesday the EU contract was based on a best-effort clause and did not commit the company to a specific timetable for deliveries”. Helpfully, these clauses work only when needed. This doesn’t mean that every time a “best effort” clause is included, the contractor will fail to deliver their services, but only that they could use this escape if needed. 

What this all means is that the language of “best effort” in practice actually produces an outcome that is almost contradictory to the meaning of the language at face value. Rather than requiring the party to make an additional “extra” effort, the language of “best effort” allows the party to fail to deliver on its obligations without repercussion (based on having complied with some basic business standard). In this same way, the provisions of a tax ruling can produce an outcome wildly different from the meaning of their text at face value. Reading the full text of a tax ruling made public or exchanged with another country’s tax administration is one thing. Understanding the actual outcome of the tax ruling is something entirely different.  

For instance, Luxleaks disclosed several secret tax rulings. Unfortunately, rulings don’t simply say, “let’s agree that you will pay 0.1 per cent in taxes”. In best cases, a tax ruling may say something like “therefore entity A, B and C (out of many entities mentioned in the scheme) will not be subject to withholding tax, and their interest expense will be deductible” or “pursuant to the hidden capital contribution treatment, interest waived to entity X will not be characterised as income but rather as capital increase and thus not subject to corporate income tax”. Although one could understand the meaning of each of these words and the sentences they form, it is almost impossible to understand how much tax the companies applying these provisions will end up paying or underpaying.

Tax rulings can also be much more complicated. Aside from determining which tax rates a legal entity can apply or be exempt from, tax rulings can also determine how much of its income is to be considered taxable – this is referred to as a legal entity’s tax base. For example, if a multinational corporation has a profit of $100, a tax ruling may determine that $80 of that profit is not part of the tax base – not subject to tax – due to some exemption. So even if the multinational corporation still pays a statutory corporate income tax rate of 35 per cent like everybody else, it will only pay $7 in corporate tax as only $20 of its profit are considered taxable at the tax rate of 35 per cent. That’s a far cry from the $35 the multinational would have paid if not for the tax ruling. In many cases, a tax ruling can both lower the tax rate and shrink the tax base, meaning tax could be underpaid even further.

The figure below shows how the same reduction in taxation can be achieved in two different countries where one country’s tax ruling manipulates just the tax rate and the other just the tax base. 

Chart 1:  The relationship between tax rate and tax base

Source: page 24, in: http://cthi.taxjustice.net/cthi2021/methodology.pdf   

A need to zoom out 

One of the key difficulties with understanding the impact of tax rulings is that often a tax ruling can serve as just one piece in a much wider tax abuse puzzle. While the impact of the tax ruling may not appear significant in the country where it was issued, it can enable damaging tax abuse in another country when it is used in combination with loopholes, tax treaties or other tax rulings in other countries. Even if a tax ruling is fully transparent, it may just refer to the tax liability of a specific transaction or the treatment of a specific type of income as either business income, dividend, interest or royalty. 

Consider the following illustrative example (oversimplified, no, honestly, for the sake of clarity). A multinational obtains a tax ruling that classifies a payment as a royalty. This classification is then used to exploit a double tax treaty between two countries that exempts royalty payments from withholding taxes. Finally, the royalty payment received tax-free (no withholding taxes had applied) is not subject to corporate income tax either, based on the abuse of tax residency rules between two other countries.

Chart 2 illustrates the example without any tax ruling or tax abuse scheme. A multinational with economic presence in countries A and B would have to pay withholding taxes to country A’s coffers on interest paid by its operating subsidiary in country A to a holding company in country B. In addition, the holding company in country B would pay corporate income tax for its interest income to the coffers of country B.  

Chart 2: Taxation without abusive tax ruling  

 Chart 3 illustrates how the multinational company could use an abusive tax ruling to avoid the withholding tax of 30% in country A. First the multinational company and its advisers would analyse the tax treaty between country A and B. Let’s assume that this treaty exempts royalty payments of withholding tax in contrast to interest which is subject to 30% withholding tax. The tax advisers of the company could then attempt to reclassify the payments as royalties by entering into a tax ruling to that effect with country’s tax administration. The effect of such a ruling would be to eliminate 30% withholding taxes on the payment from country A to country B.

Chart 3: Eliminating the withholding tax in country A through a ruling 

Second, the multinational would structure Country B’s operations to ensure it isn’t subject to tax (see chart 4). For instance, either through a tax ruling or directly by applying the local tax residency laws, it could incorporate the holding company in country B but have it managed in country C. Because Country B’s tax residence is based on place of management, while Country C’s tax residence is based on place of incorporation, the holding company would be considered non-resident for tax purposes both in countries B and C. In other words, it won’t be subject to tax anywhere.

Chart 4: Eliminating taxation at the level of the holding company 

In other words, instead of the multinational company paying withholding taxes on the interest payment paid in country A plus corporate income tax rate in country B on the interest payment received, the multinational company would manage not to pay any taxes at all. 

However, to understand the full scheme, it would be necessary to first become aware of the tax ruling, its details and to know which taxpayer it refers to. But as explained above, the ruling may also be convoluted. It may specify that this type of income, based on facts X and Y is to be subject to Article 10.3.b) of Z law. This will require an external party to understand what that article refers to. Moreover, even if the tax ruling will conclude in plain English that the payment is to be considered a royalty, that won’t say much to any other external party, eg a foreign authority. For that, they will need to know that a double tax treaty exists between the two countries, and that royalties aren’t subject to withholding taxes. Finally, the ruling, while crucial to make the whole scheme work, wouldn’t reveal the last part, where the interest/royalty income remains untaxed in Countries B and C based on the abuse of tax residency rules.

To make matters worse, instead of a formal tax ruling, the same effect may be achieved by an informal tax ruling such as an information letter where there is a non-binding document or an oral or tacit agreement whereby the tax administration commits in advance that it won’t challenge the fact that the multinational will treat the (purple) payment as a royalty.  

Informal non-binding rulings could be structured in the very same way as a binding ruling, and could be agreed upon in the very same process as formal and binding rulings are agreed upon, involving closely held discussions between tax administration officials and senior staff tax advisers. The only difference could be that instead of calling it a “ruling”, another word is used, and that the binding signature is replaced by a more hidden and informal practice – such as an orally discussed and agreed approval process, that does not leave a paper trail to the administration, or remains in writing ambiguous as to the final position of the tax administration with additional oral assurances given.

Sounds like mafia to you? Spot on! Some of the Tax Justice Network’s senior advisers have long drawn parallels between global tax adviser firms and the mafia and have published about the pin-stripe mafia in law- and accounting firms. That is another reason why we propose a policy to address these risks, including by protecting and enticing whistleblowers from within these firms – a technique drawn from anti-mafia efforts.

Proposal 

Cross-border tax rulings can be powerful and incredibly elusive tools for tax abuse. Even full public access to the text of tax rulings is not enough on its own to understand the role each tax ruling plays in global tax abuse and the scale of tax abuse it enables. For this reason, if countries are to continue issuing cross-border tax rulings, we propose that they must provide much more information alongside each cross-border tax ruling in order to make it easy to understand the effects of the tax ruling. We list the information that should accompany each cross-border tax ruling further below.

Given that no multinational is required by any country to obtain a tax ruling, but rather they seek them of their own accord or on advice by accounting or law firms in order to underpay tax with some level of safety from legal repercussion, a quid pro quo of transparency is entirely reasonable. Any cross-border tax ruling (either unilateral or bilateral, informal or formal, binding or non-binding) should be centrally deposited with an independent international body, such as a UN global tax body or a Centre for Monitoring Tax Rights, as was recently proposed by UN’s FACTI panel. This would make it possible for tax authorities as well as for journalists and civil society organisations around the world to check all the tax rulings a multinational corporation may be utilising and the countries issuing the most tax rulings.

 We propose that every tax ruling should meet the following conditions. The information required by these conditions should be made available by the independent international body in a centralised database once it is established. Until then, this information should be made available by every country issuing a tax ruling. Each ruling (including ‘”information letters”, etc) should:

1) Be published online and for free in full text, within two weeks after approval or filing (no summary or redacted version).  

2) Include the name and require a legal entity identifier of the legal person(s) addressed by the tax ruling, and of the accounting or law firm and any other tax professionals  that advised on the ruling. 

 3) Include a full public country by country report for the multinational corporation(s) addressed by the tax ruling, ideally abiding by the GRI standard for country by country reporting.

4) Include a description of the full tax scheme utilised by the multinational corporation addressed by the tax ruling and into which the tax ruling fits. This can include all other tax rulings obtained by the multinational corporation in any country, and how the tax ruling interacts with tax treaties, residence rules and tax base calculation in other countries.

5) Include an economic and fiscal impact study, estimating the tax ruling’s impact on the tax base and tax rate applied to the multinational corporation. This would help exposes cases where the language of the tax ruling and the actual outcome of the tax ruling are contradictory.

In addition, governments including the authorities responsible for the tax ruling should: 

6) Protect and reward whistleblowers who provide the media and public with evidence about any parallel system of practices that lead to bypassing official disclosure rules on tax rulings. In essence, whistleblowers who disclose information about abusive tax practices to either a local or foreign authority or to the public should not be subject to prosecution or criminal or economic sanctions. Instead, whistleblowers should be encouraged by rewarding them with a percentage of the tax revenues collected as a consequence of their disclosure, similar to what is practiced in the US. 

7) Allow any user (civil society organisation or tax authority) to challenge the validity of the ruling, for instance if there is a supposition that the ruling isn’t as “inoffensive” as described by the multinational. (This is similar to Slovakia’s beneficial ownership register of entities engaging in public procurement, where any user may challenge the accuracy of the registered beneficial owner, and the burden of proof is shifted to the company). Alternatively, after the UN global tax body or Centre for Monitoring Tax Rights is established, the new body could be in charge of approving cross-border tax rulings if deemed non-abusive. In such case, the burden of proof would be on any user to prove that the ruling is indeed abusive.

It is worth noting that requirements 4 and 5 are far from radical. After all, the EU already obliges countries to require the disclosure of tax schemes by taxpayers and tax planners, and the OECD also published Mandatory Disclosure Rules on schemes that seek to avoid the common reporting standard for automatic exchange of information or to hide beneficial ownership.  

A likely response to this proposal from multinational corporations is that tax rulings and the information required to meet the above conditions may be commercially sensitive information and so should not be disclosed. In principle, nothing enlisted above should be considered confidential, especially the name of the legal person addressed by the tax rulings. However, countries could establish a standard for determining whether information is too sensitive to disclose, similar to that used by some countries’ beneficial ownership registers. Just as public disclosure of beneficial owners may be limited in extraordinary circumstances where an authority confirms the danger in a specific case, an external authority could have the ability to redact commercially sensitive segments in extraordinary circumstances but not the name of the taxpayer or other details. Arguably, however, given that no multinational corporation is obliged to get a tax ruling, if a multinational corporation prefers not to disclose any of the above information, it should avoid obtaining tax rulings.

Conclusion 

If tax rulings are to be issued, they should contain sufficient information to allow other countries’ tax authorities as well as any member of the public to easily and readily understand the implications of the tax ruling. It should not depend on understanding specific tax provisions or require an (often futile) investigation of other tax schemes exploited by the multinational. Seeing how multinational corporations, accounting firms and law firms have often been all too ready to abuse tax obligations and reporting rules, the protection and rewarding of whistleblowers on tax matters should become an international standard (as proposed recently by the UN’s FACTI panel in recommendation 7). This is vital to defend democracies and the rule of law worldwide.

Tax Justice Network Portuguese podcast #26: VACINAR O MUNDO TODO É POSSÍVEL

Welcome to our monthly podcast in Portuguese, É da sua conta (it’s your business) produced by Grazielle DavidDaniela Stefano and Luciano Máximo. All our podcasts are unique productions in five different languages – EnglishSpanishArabicFrenchPortuguese. They’re all available here.

A principal política econômica hoje é a política de vacinas. E é possível vacinar 80% da população mundial num espaço curto de tempo, por um fim à pandemia e, assim , retomar melhor a economia, mostra o episódio #26 do É da sua conta.

Entretanto, muitos países estão ficando para trás. “Mais de 70% das vacinas disponíveis estão apenas nos países mais ricos e nos países mais pobres estão menos de 0,3% das vacinas”, afirma Felipe Carvalho. É necessário por um fim ao apartheid de vacinas através do compartilhamento do conhecimento e o fim da propriedade intelectual. E isso é possível! Ouça:

Participam desta edição:

VACINAR O MUNDO TODO É POSSÍVEL #26

Se o ritmo atual continuar vai demorar mais de 50 anos pra que estes países vacinem toda a sua população.”

~ Felipe Carvalho, Médico Sem Fronteiras Brasil

O mundo deveria investir em pólos de produção regionais para que possamos mais rapidamente escalar a produção da vacina e a defesa para as próximas pandemias, de modo que o mundo tenha mais capacidade para vacinar as populações em geral. O ideal é que a tecnologia envolvida nestas instalações seja amplamente compartilhada.”

~ Peter Maybarduk, Public Citizen

Mais informações:

Download podcast em MP3

É da sua conta é o podcast mensal em português da Tax Justice Network. Produção de Daniela StefanoGrazielle David e Luciano Máximo. Coordenação: Naomi Fowler.

The Tax Justice Network June 2021 Spanish language podcast, Justicia ImPositiva: Impuesto mínimo global a las corporaciones #60

Welcome to our Spanish language podcast and radio programme Justicia ImPositiva with Marcelo Justo and Marta Nuñez, free to download and broadcast on radio networks across Latin America and Spain. ¡Bienvenidos y bienvenidas a nuestro podcast y programa radiofónico! Escuche por su app de podcast favorita.

En este programa:

Invitados:

Impuesto mínimo global a las corporaciones #60

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[Imagen: “Skyscrapers” by Takashi(aes256) is licensed under CC BY-SA 2.0 CopyGO TO IMAGE’S WEBSITE]

Is today a turning point against corporate tax abuse?

This is an extended version of the op-ed recently published in the Guardian.

The G7 countries have the chance to strike the biggest blow in a century against the tax abuse of multinational companies. Top line agreement this today would allow the OECD to deliver a full deal over the coming months on a global minimum corporate tax rate, setting a permanent floor under the damaging race to the bottom – and delivering hundreds of billions of dollars in tax revenues to supercharge the pandemic response and recovery. But the current proposals would deliver those revenues in such a manifestly unfair way, that they may also sound the death knell for the rich countries’ continuing privilege in setting rules for the world.

How we got here

To understand the significance of the moment, consider the historical context. In the 1920s and 1930s, the League of Nations choose a path for the taxation of multinationals which has persisted to the present day. But multinationals themselves have exploded in number and complexity since then, and tax abuse has in recent decades become a central part of their approach.

Where once multinationals were a more efficient organisational form for cross-border economic activity, now much of their advantages stem from being able to pay lower tax than domestic competitors. This is achieved by exploiting the archaic basis of tax rules in order to shift their profits away from the places they make their money, and into jurisdictions like the Netherlands or Cayman which offer effective tax rates at or near zero. 

Only 5% of the global profits of US multinationals were shifted like this in the early 1990s. But over the next twenty years, that exploded to 30% and kept rising, with an estimated $1.4 trillion of profit shifted by the largest multinationals in the most recent high-quality data available (shamefully, this is OECD data for 2016). That’s nearly 2% of world GDP that year, and not far off sub-Saharan Africa’s total GDP.

The UK with its dependent territories is the biggest single actor, responsible for nearly a third of corporate tax abuse worldwide. Quite the qualification to be G7 chair at this crucial moment – but an opportunity for some redemption also.

TUMI: The corporate tax justice agenda

Since the Tax Justice Network was established in 2003, we have advocated for four key elements of corporate tax justice: transparency, unitary taxation, a minimum tax rate, and a globally inclusive body to set the rules fairly. We might give this the acronym TUMI (transparency, unitary, minimum, inclusion) – a term translating as ‘knife’ in the Quechua language of the Andean region.

Transparency in this case means public country by country reportingNOTEPublic country by country reporting is an accounting practice designed to expose multinational corporations that are shifting profit into tax havens for the purpose of paying less tax than they should. Learn more here. by multinationals, to reveal the extent of profit shifting. Our approach was adopted by the OECD in 2015, at the behest of the G20 group of countries, but only for private information to tax authorities. The limited data that is made publicly available, in aggregate form and heavily delayed, are nonetheless a breakthrough in the transparency of these multinational corporations, the world’s biggest economic actors. The EU is now agreeing to make data public at the company level, a huge step forward. While lobbying has led to major weaknesses in the EU approach, others can and will now go further – the taboo has been broken.  

Unitary taxationNOTEUnitary taxation is a way of taxing multinational corporations based on where they do real work – ie, employ staff, operate factories, sell goods and services – instead of where they formally declare their profits – ie, tax havens. Learn more here. is based on the recognition that multinationals maximise profits at the global level, not in any one subsidiary – so they should be taxed on that global profit. This works by apportioning the profit to the countries where the real activity takes place (employment and sales), so that all get a fair share. This was an option in the current reform process, back in early 2019, but sadly will only apply for now to a very small element of the profits of a small number of multinationals. If delivered fully, unitary taxation with formulary apportionment makes profit shifting largely impossible.

Minimum effect tax rates, meanwhile, make profit shifting unattractive. If tax advisers know that the effective tax rate will be topped up to the minimum, regardless of whether they can shift their profits into a low or no tax jurisdiction, the incentive for abuse is largely removed. For these jurisdictions too, the point of offering low rates is also gone – since this just means that some other country will collect the revenue they give up.

Inclusion, finally, means that the rule-setting body itself matters. The League of Nations was the forerunner to the United Nations, allowing a forum for negotiation between countries. But in practice the League was the club of the imperial powers, and in that sense its genuine successor is the Organisation for Economic Cooperation and Development. The OECD, the club of rich countries, gradually took over the setting of international tax rules from the 1960s, as the United Nations saw a period of lower income countries seeking to discipline multinational companies from operating extractively and with impunity in their territories – a process that gave rise to early demands for a what came to be known as country by country reporting.

The UN is intended to provide a broadly democratic and transparent forum for all countries of the world, at whatever level of per capita income, to negotiate and be heard. And despite the active resistance of OECD countries, the vastly underfunded UN tax committee has beaten the OECD to the punch with a technically robust treaty article offering a new approach to taxing digital companies.

Meanwhile, last year saw the intergovernmental discussions under the UN Secretary-General’s initiative on financing for development during the pandemic give rise to a recommendation for a UN tax convention, which would provide the basis for negotiating tax rules under UN auspices rather than the OECD. And in February this year, the high-level FACTI panel made that a central recommendation of its final report.

The FACTI Panel report, recently highlighted in a report from the World Economic Forum, provides a near-comprehensive platform of corporate tax justice and wider reforms – including each element of TUMI. The Secretary-General António Guterres may well recommend negotiations begin on a UN tax convention to pursue this agenda at the start of the new General Assembly cycle in September – perhaps when bringing forward his planned policy brief on illicit financial flows, at the High-Level Policy Forum.  

The G7 decision

Within the current OECD process, dominated by the G7, the greatest potential for progress lies with the proposal for a minimum tax rate. While profit shifting would remain possible, undertaxed profits would have the tax “topped up” to the minimum rate. If set at 21%, as the Biden administration proposed earlier this year, we estimate that the additional revenues worldwide would exceed $500 billion. Even at 15%, as now seems the likely starting point for agreement, the gains are substantial.

But the distribution of those additional revenues is crucial. The OECD proposal privileges the headquarters countries of multinationals, which are typically the richest countries. The G7 countries – Canada, France, Germany, Italy, Japan, the UK and US – make up 45% of global GDP, although just 10% of the world’s population. Under the OECD proposal, they stand to gain more than 60% of the additional revenues. Lower income countries lose a higher share of their tax revenues to corporate tax abuse but would gain disproportionately little from a minimum tax enacted on this basis.

Our alternative proposal is the METR, or Minimum Effective Tax Rate. This would take the same undertaxed profit but apportion it simply to the countries where the multinationals’ real economic activity takes place – with no discrimination between headquarters and host countries. Allowing that profit to be taxed at the statutory rates in place would see higher additional revenues overall, and the distribution would be much fairer globally.

With a 21% rate, the METR would raise some $640 billion, compared to $540 billion in the OECD approach. With a 15% rate, the METR would raise around $460 billion, versus $275 billion in the OECD approach.

The differences are dramatic, and especially so at the lower 15% rate. India could gain $4bn under the OECD proposal; but more than three times that amount, nearly $13bn, from the METR. China could gain $32bn under the OECD proposal; but more than twice that, $72bn from the METR. For Brazil, the difference is $10 billion versus $3 billion. For South Africa, $3.5 billion versus $1.5 billion…  The G7 countries themselves would each do substantially better under the METR at 15%, with an overall increase in revenues of $250 billion rather than $170 billion.

The sheer size of the potential revenue gains reflects the extent to which the largest multinationals have been able – and aggressively willing – to exploit the archaic nature of the OECD’s current tax rules. The monopoly power of Amazon and others owes a great deal to the unlevel playing field faced by smaller, tax-compliant competitors. 

But the scale of revenues also offers the opportunity for a transformational shift in responses to the pandemic. The UK has cut its aid budget at the time of greatest global need, crying poverty. The G7 are still arguing over whether or how much to fund international vaccination efforts. Delivering the minimum tax rate in a fairer way would more than cover the costs of COVAX, and more importantly in the long term would also provide a major boost to lower income countries’ sovereign ability to fund their own public health systems.

It should never again be in the power of these few rich countries to decide whether the rest of the world is able to claw back revenues from the biggest tax abusers. In September, the UN Secretary-General Antonio Guterres can signal the start of negotiations on a UN tax convention which would create a globally inclusive, intergovernmental body to set tax rules in future. For now, the G7 should use their unequal power to deliver the fairest possible outcome. We’ll all be better off if they do. 

The Tax Justice Network’s French podcast: Colleter les ressources et les redistribuer: De enjeux nouveaux pour la justice fiscale #28

Pour cette 28ème édition de votre podcast en français sur la Justice Sociale et fiscale en Afrique et dans le Monde, nous parlerons du Cameroun. Le pays est riche en ressources du sous-sol, et pourtant, ses populations ne perçoivent pas toujours le bénéfice de cette richesse. La question du partage des revenus miniers est discutée avec Michel Bissou, un des coauteurs du rapport. Nous parlerons aussi des discussions internationales sur une imposition minimale des sociétés multinationales. Lucas Millan chercheur à Tax Justice Network ouvre les premiers argumentaires. Nous abordons enfin la question des flux financier illicites en Afrique.

Interviennent dans ce programme

Colleter les ressources et les redistribuer: De enjeux nouveaux pour la justice fiscale #28

Vous pouvez suivre le Podcast sur:

Tax Justice Network Arabic podcast, edition #42: الجباية ببساطة #42 : هل يمكن فرض ضريبة على الشركات العالمية للمحتوى الرقمي في العالم العربي

Welcome to the 42nd edition of our Arabic podcast/radio show Taxes Simply الجباية ببساطة contributing to tax justice public debate around the world. It’s produced and presented by Walid Ben Rhouma and is available for listeners to download. Any radio station is welcome to broadcast it for free and websites are also welcome to share it. You can join the programme on Facebook and on Twitter.

مرحبا بكم في العدد 42 من الجباية ببساطة. نبدأ حلقتنا بتغطية آخر الأخبار المتعلقة بقضايا العدالة المالية في المنطقة العربية والعالم. في الجزء الثاني من البرنامج يحاور وليد بن رحومة، الباحثة في الشأن الضريبي نورهان شريف، حول مناقشة الدول العربية لفرض ضريبة رقمية على المعاملات الإلكترونية. تضمن الحوار الجهود التي تبذلها منظمة التعاون الاقتصادي والتنمية للتوصل إلى اتفاق توافقي بين مختلف الأطراف المعنية حول كيفية تصميم ضريبة رقمية عادلة.

الجباية ببساطة #42 : هل يمكن فرض ضريبة على الشركات العالمية للمحتوى الرقمي في العالم العربي

تابعونا على صفحتنا على الفايسبوك وتويتر https://www.facebook.com/ TaxesSimply Tweets by taxes_simply

We want your feedback on our Financial Secrecy Index

In February last year, we published the 2021 edition of our Financial Secrecy Index, a global ranking of countries most complicit in helping individuals hide their finances from the rule of law. The index grades each country’s legal and financial system with a secrecy score out of 100 where a zero out of 100 is full transparency and a 100 out of 100 is full secrecy. The country’s secrecy score is then combined with the volume of financial activity conducted in the country by non-residents to calculate how much financial secrecy is supplied to the world by the country. A higher rank does not necessarily mean a country is more secretive, but that the country’s laws and its position in the global economy combine to create a greater risk of money laundering, tax evasion and huge offshore concentrations of untaxed wealth. 

Ultimately, the aim of the Financial Secrecy Index is to highlight the laws and policies that policymakers can amend to reduce their jurisdiction’s enabling of financial secrecy. 

The Financial Secrecy Index was launched in 2009, and has been published on a biennial basis since then. The index is complemented by our Corporate Tax Haven Index, a ranking of countries most complicit in helping multinational corporations underpay tax. The Corporate Tax Haven Index was first launched in 2019 and is also published every other year. Together, the two indexes give a full picture of the two faces of global tax abuse: private tax evasions by wealthy individuals and cross-border corporate tax abuse by multinational corporations. 

Since its inception, the Financial Secrecy Index has undergone several methodological changes in order to adapt to the various international regulatory developments in the field of financial secrecy. The most significant changes were made following an in-depth review process conducted in 2016 with various stakeholder groups. These included experts, users, officials of ranked jurisdictions, the European Commission’s Joint Research Centre and the Composite Indicators Research Group of the Econometrics and Applied Statistics Unit at Ispra, Italy. The results of the review were published in this detailed report

In this current survey, we are seeking specific feedback on particular indicators with a focus on practicality, technical appropriateness and consistency. The survey has two sections. The first addresses the presentation and availability of the index. The second lays out the specific areas of potential methodological updating.  

The deadline for answering the survey is 5:00pm CEST 15 June 2021. 

We are grateful for your time and expertise, and value any additional feedback. 

Live blog: Global minimum tax rate at G7

The single biggest change in a century to international tax rules will be discussed this weekend at an annual meeting of the G7 – a club of the world’s seven largest economies: Canada, France, Germany, Italy, Japan, the UK and the US.

The G7 will seek an agreement on implementing a global minimum corporate tax rate on multinational corporations. The proposal, which recently went from the fringes of tax justice advocacy to the top of the G7’s agenda in the span of just two months, has the potential to recover hundreds of billions in underpaid corporate tax and put an end to the “race to the bottom”NOTEThe idea that countries can “compete” like companies in a market is a deeply incorrect analogy that has been used to sugar-coat harmful tax cuts and deregulations, and to spur countries into a “race to the bottom”. Learn more here.

The Tax Justice Network will be publishing below responses and updates on key developments throughout the week.

🔴 – Live updates


This blog is now closed.


Tuesday 8 June 2021


11:08 am GMT Tuesday 8 June 2021 – Round up of media coverage

The G7’s deal on a global minimum tax rate has received wide coverage since Saturday. Here is a short round up of some the coverage:

And some broadcast highlights:

Channel 4: Multinational giants Amazon, Facebook and Google to face G7 tax bill

ABC News: Tax Justice campaigners say G7 tax deal doesn’t go far enough

Euronews: G7 global tax deal

DW: G7 finance ministers reach deal on global taxes


Saturday 5 June 2021


13:55pm GMT Saturday 5 June 2021- G7 and OECD approach is deeply unfair

Here’s the first live response to the G7’s announcement on the global minimum corporate tax rate from Alex Cobham, chief executive at the Tax Justice Network, speaking with DW:


12:25pm GMT Saturday 5 June 2021- G7 take big step to recover tax but just for themselves

Responding to the G7’s announcement on the global minimum corporate tax rate, Alex Cobham, chief executive at the Tax Justice Network, said:

“The G7 has decided to finally move the international tax system into the 21st century but only enough to shamelessly benefit just themselves, leaving the rest of the world behind. The world’s eyes were on the G7, hoping that in the face of this global pandemic they would throw their weight behind a new tax system that would bring back home to all countries the billions in corporate tax they were robbed of and urgently need to rebuild and recover. Instead, the G7 finance ministers are proposing to follow OECD proposals that would ensure the G7 themselves take the lion’s share of any new tax revenues – which will in any case be limited by their lack of ambition.

“The G7 made it clear that they know the race to the bottom has been damaging economies and people’s lives for decades. By settling for anything less than a 25% tax rate, the G7 is telling their citizens and the world that they’re willing to keep the race to the to bottom alive and kicking. Rarely does the opportunity to better the lives of billions of people in a single stroke come by but when history came knocking today, the leaders of the richest countries in the world turned their back on it.

“Our modelling1 shows that a 25% minimum effective tax rate could raise $780bn in additional revenues worldwide – and still leave multinationals with three quarters of their gross profits. Countries outside the G7 could receive $355 billion under the fairer approach we’ve proposed. If the G7 pushes ahead with a 15% minimum rate under the deeply unequal OECD approach, they will leave barely more than $100 billion for other countries – while taking $170 billion just for themselves.

“This cannot stand. The rest of the world must object absolutely. The G20 group, and the Inclusive Framework, may rightly feel entirely disenfranchised but they can take back the power by challenging this openly, pushing for a higher rate and insisting on a balanced distribution of recovered tax, like that offered by the METRproposal.

“Even the G7 and OECD recognise that the international tax rules are unfit for purpose. The disproportionate power exercised by these rich countries’ clubs today shows that the way international tax rules are determined, too, is unfit for purpose. It is now well past time for international tax rules to be set democratically at the UN, starting with a UN tax convention.”

-ENDS-

Contact the press team: media [@] taxjustice [.] net

Notes to editor

  1. Our analysis of how much each country can recover in underpaid corporate tax under a global minimum corporate tax applied under the OECD and METR proposals. You can view the country figures in this table here. Provided below is a table presenting these country figures grouped into two categories: G7 countries and non-G7 countries.

2.    An explanation of the METR (Minimum Effective Tax Rate) proposal by Sol Picciotto, Coordinator of the BEPS Monitoring Group, emeritus professor of law at the University of Lancaster in the UK and Tax Justice Network senior adviser, is available here.


Friday 4 June 2021


1pm GMT Friday 4 June 2021 – Our CEO speaks with CNBC International

Here’s the clip of our CEO Alex Cobham speaking with CNBC International earlier this morning about today’s G7 discussions on a global minimum corporate tax rate.


6:30am GMT Friday 4 June 2021 – Is today a turning point against corporate tax abuse?

With the G7 meeting today in London due to start, we’ve published an extended version of our chief executive Alex Cobham’s op-ed in the Guardian.

Read the extended blog here.


Thursday 3 June 2021


2:28pm GMT Thursday 3 June 2021 – Tax Justice Network CEO op-ed in the Guardian on global minimum corporate tax rate

Our CEO Alex Cobham has written an op-ed for the Guardian making the case that a corporate tax reset by the G7 will only work if it delivers for poorer nations too.

“After decades of evidence that the international tax rules are unfit for purpose, the Biden administration has finally injected genuine ambition into efforts to prevent the super-profits of the world’s largest multinationals disappearing into tax havens. It’s a deal could deliver hundreds of billions of dollars in tax revenues to boost the pandemic response and recovery. But there is also a downside: the current OECD proposals would distribute those revenues in a manifestly unfair way. That would surely eradicate any remaining legitimacy the richest nations could claim for their privileged position of setting rules for the rest of the world.”

Read the full article.

In addition to the op-ed, the Guardian’s Richard Partington has written a helpful explainer on the global minimum corporate tax rate and the key issues in G7 negotiations.


12:50pm GMT Thursday 3 June 2021 – Microsoft subsidiary paid no corporate tax on $315bn in profit last year

The revelations just published today ahead of this weekend’s G7 meeting are extraordinary “even for tax justice experts”.


10:50am GMT Thursday 3 June 2021 – Eight tech companies in the UK avoided an estimated £1.5bn in 2019

A new report by Tax Watch reveals that Amazon, eBay, Adobe, Google, Cisco, Facebook, Microsoft, and Apple made an estimated £9.6bn in profit from sales to UK customers in 2019, a new analysis by TaxWatch shows. ​But by moving money out of the UK, these companies ended up declaring a fraction of these profits in the accounts of their UK subsidiaries, radically reducing their tax liabilities.

The eight large tech companies faced UK corporation tax liabilities of £297 million in 2019. That puts the total amount of tax avoided by the companies in the UK at an estimated £1.5bn in 2019, the latest year where figures exist.

Commenting on the report, Alex Cobham, chief executive said:

“These corporate tax abuses makes it clear how self-sabotaging the UK’s position is on putting a digital tax on some multinationals before a a global minimum tax on all multinationals. The UK’s current digital tax would raise less than half a billion pounds a year, while TaxWatch show this handful of tech companies have short-changed British taxpayers out of three times that amount in tax in 2019 alone. A global corporate tax rate on the other hand can add £14.5 billion in annual tax revenues.”

The report is available here.


Wednesday 2 June 2021


5:31pm GMT Wednesday 2 June 2021WEF latest to join tax justice consensus; points to OECD alternative for global tax rate

The World Economic Forum (WEF) has published a white paper identifying the global minimum corporate tax rate and a UN tax convention as key policy pathways for ambitious economic recoveries post-pandemic. Reacting to the white paper, which references the Tax Justice Network’s research, Alex Cobham, chief executive at the Tax Justice Network said:

“We’re delighted to see WEF join the growing consensus around the recommendations of the high-level UN FACTI panel on how to replace failing global tax rules set by the OECD. The WEF hasn’t just identified a global minimum tax rate as a crucial tool for economies’ recovery post-pandemic, but has specifically drawn attention to the importance of implementing a global tax rate under the more balanced METR proposal instead of the OECD proposal.

“The METR (Minimum Effective Tax Rate)1 proposal recovers more underpaid tax from multinational corporations and spreads it more fairly among countries. Economically, morally, logistically, the METR proposal is the superior way to implement a global minimum corporate tax rate.2 The fact that the less effective, more complicated and grossly unfair proposal put forward by the OECD is even being considered in face of a far better alternative only goes to show how inappropriate it is for our global tax rules to be set by the club of rich countries and tax havens at the OECD.

“WEF is right to support the call for a UN tax convention to inclusively and meaningfully bring an end to the race to the bottom. Under the OECD proposal, the G7 countries – which account for 10% of the world’s population – would capture more than 60% of the additional revenues. The G7 meeting this weekend could set the course for an ambitious minimum tax rate with a fair share of revenues for all – or they could confirm that they are only looking out for their own narrow interests, even during a worldwide pandemic. That would underscore how right the World Economic Forum is to join the calls for a globally inclusive process at the UN, to ensure that global corporate tax rules are genuinely democratic and principled on our human rights.”


Tuesday 1 June 2021


8:22 GMT Tuesday 1 June 2021 – EU shot at tax transparency rattles multinationals’ woodwork but fails to score

An EU trialogue agreement was reached today on country by country reporting after months of negotiations. Responding to the agreement, Alex Cobham chief executive at the Tax Justice Network said:

“The EU trialogue’s shot at tax transparency has rattled multinationals’ woodwork but failed to score the goal the world urgently needs right now. It’s a step forward because the EU has formalised its commitment to make at least some of the largest multinational corporations publish at least some of their country by country reporting data. While this may not go far enough to finally lift the lid off of hundreds of billions in global corporate tax abuse, the EU has broken the taboo over requiring any publication of this data. The EU just showed everyone even a corporate giant can disclose.”

Read the full statement from the Tax Justice Network here.


6:18pm GMT Tuesday 1 June 2021 – New report reveals US Company ViacomCBS underpaid at least $4bn in corporate tax in the US

The Centre for Research on Multinational Corporations (SOMO) has just published a report showing that for almost two decades, ViacomCBS has been using the Netherlands to avoid paying at least US$4 billion in corporate income tax in the United States. From 2002 onwards, the media conglomerate has been sublicensing its television rights to third parties and consumers outside the North American market via the Netherlands. In total, at least US$32.5 billion in revenues have been collected by the company’s Dutch subsidiaries during the period 2002-2019.

The report is extensively covered in a New York Times article titled “SpongeBob and ‘Transformers’ Cost U.S. Taxpayers $4 Billion, Study Says“, which draws attention to how US President Biden’s proposed tax overhaul could prevent ViacomCBS and other large corporations from abusing tax.


5:30pm GMT Tuesday 1 June 2021 – Renowned economist Joseph Stiglitz pens FT piece calling on European economies to support the global rate

Ahead of the G7 meeting this weekend, Joseph Stiglitz, a recipient of the Nobel Memorial Prize in Economics and commissioner on the Independent Commission for Reform of Corporate Taxation, has calling in an article for the FT on European economies to step up and support a global minimum corporate tax rate.

Stiglitz writes: “The leaders of the G7 can either be a force for change or they can reinforce the status quo. The US has made the right move. Now it is Europe’s turn to take its responsibilities seriously and ensure the winners from globalisation contribute to the wellbeing of future generations.”

Read the article here.


5:15pm GMT Tuesday 1 June 2021 – WEF summit session on global minimum tax held today

The global minimum corporate tax rate is the subject of a session at the World Economic Form’s The Jobs Reset Summit today, where Tax Justice Network CEO Alex Cobham is speaking, along with Alicia Bárcena Ibarra, Executive Secretary, United Nations Economic Commission for Latin America and the Caribbean (ECLAC), and Stephen Carroll, Senior Business Editor at France 24.

Echoing the growing consensus in support of a global minimum corporate tax rate, the session summary reads:

After decades of a ‘race to the bottom’, major economies are now backing a global minimum tax estimated to bring in $100 billion in new revenue annually. How can international tax reform contribute to a more sustainable, equitable economic recovery?

Here’s a clip from the session featuring Alex Cobham:

The session is running now from 6pm to 6:30pm CEST can be watched live here.


2:30pm Tuesday 1 June 2021 – Draft G7 agreement shown to Reuters

A draft G7 communique shared with Reuters shows the intention to delay meaningful decisions on the global minimum corporate tax rate to July this year, when the G20 will meet.

Alex Cobham, chief executive at the Tax Justice Network, said:

“The draft G7 statement tabled by the UK would kick all the details of the global minimum corporate tax rate to a G20 meeting in July. It’s unclear at this stage whether other G7 members will support this, or insist the UK stop holding up urgently needed global progress.”


10:00am GMT Tuesday 1 June 2021 Background information

Ahead of this weekends G7 meeting, here are a few points on why this weekend’s G7 meeting is so significant:

  • Regardless where G7 members land on the rate for the global minimum tax, this marks an important steps towards cementing a global consensus in support of tax justice policy platform. A global minimum tax rate is the latest in a series of tax justice policies that were initially dismissed when first proposed by tax justice campaigners only to become international norm in recent years. This includes automatic exchange of information, beneficial ownership registration and country by country reporting.
  • US President Biden’s push for a global minimum corporate tax rate, and the support it has so far received from most G7 members, has effectively called time on the sacred narrative of “tax competition” – a deeply incorrect analogy that has been used for decades to sugar-coat harmful tax cuts and deregulations, and to spur countries into a “race to the bottom”.
  • Anywhere between $200bn to $400bn of additional tax revenues is on the table. While a global minimum corporate tax rate set at 21% implemented under the METR proposalNOTEThe METR proposal is a simplified and balanced implementation of the global minimum tax rate proposed by a group of leading tax experts. The proposal can more fairly distribute recovered tax among countries than the OECD proposal for a global rate can, while recovering an extra $103 billion in comparison to the OECD proposal at a rate of 21%. The METR proposal offers a rare win-win situation where both lower income countries and almost all higher income can recover more tax by simplifying and balancing the global minimum tax rate. up to $640bn in underpaid corporate tax from multinational corporations, compromise among the G7 members is expected to reduce the potential benefit of the global rate. Nonetheless, a total of $200bn to $400bn in additional revenue per year for countries can dramatically change the lives of billions of people.

However, there are some areas of concern the Tax Justice Network will be monitoring.

  • The US has already signalled a willingness to consider the low rate of 15% for the global tax instead of the 21% the US initially proposed. The low rate not only leaves hundreds of billions of unpaid corporate tax on the table but risks leaving the race to the bottom alive and kicking.
  • If the G7 go ahead with a global rate on the basis of the OECD blueprint, they will take a disproportionate amount (more than 60%) of the revenues for themselves – despite the fact that it is lower income countries that lose out most heavily in terms of the share of tax revenues lost to corporate tax abuse.
  • The METR proposal delivers a much fairer distribution of recovered tax, providing lower income countries with double the amount of tax revenue they would recover under the OECD blueprint. Implementing the METR proposal for the global minimum rate would recover the equivalent to 36 per cent of the combined public health budgets of lower income countries.
  • There are concerns about other more specific limitations and exceptions, like patent boxes, expected to be discussed at the G7 meeting that could unfairly limit lower income countries’ industrial strategies while failing to deter tax abuse mechanisms.
  • All these above concerns only compound to confirm that having international tax rules set by a small club of rich country is entirely inappropriate and unjust. OECD countries are responsible for over two-thirds of global corporate tax abuses documented by the Corporate Tax Haven Index 2021. At the same time, the OECD blueprint from the global minimum corporate tax will see OECD countries collect a disproportionally larger share of recovered corporate taxes – which they enable multinational corporations to underpay. It’s not a shocker to see a club of rich, tax abuse enabling countries put forward a plan to end the race to the bottom that excessively rewards themselves, the worst perpetrators of the race to the bottom. Tax sovereignty requires globally inclusive setting of tax rules, through an intergovernmental tax body under UN auspices.

Here’s is some helpful reading material to get up to speed.

  • Our analysis of how much each country can recover in underpaid corporate tax under a global minimum corporate tax applied under the OECD and METR proposals. You can view the country figures in this table here.
  • The IMF joined growing consensus for tax justice last week in a report in published calling for both the global minimum corporate tax rate and public country by country reporting to be implemented hand in hand. Our Director of Human Rights and Tax Justice Liz Nelson, who was invited to speak on the report at an event hosted by the European Parliament Subcommittee on Tax Matters issued a statement here.
  • An explanation of the METR (Minimum Effective Tax Rate) proposal by Sol Picciotto, Coordinator of the BEPS Monitoring Group, emeritus professor of law at the University of Lancaster in the UK and Tax Justice Network senior adviser, is available here.

The Real American Dream – in Scandinavia: the Tax Justice Network podcast, May 2021

Welcome to the latest episode of the Tax Justice Network’s monthly podcast, the Taxcast. You can subscribe either by emailing naomi [at] taxjustice.net or find us on your podcast app. In this episode:

Taxcast host Naomi Fowler talks to millionaire and wealth tax campaigner Djaffar Shalchi of Millionaires for Humanity about his experience of moving from Iran at an early age to grow up in Denmark. He shares how highly he values the high tax Scandinavian society, as an entrepreneur, and as a human being. He also talks about his campaign for a 1% wealth tax on the world’s top 1%.

The transcript is available here: https://taxjustice.net/wp-content/uploads/2021/05/The-Taxcast-Transcript-112.pdf

The Real American Dream – in Scandinavia #112

Download here to listen offline.

The beautiful thing about Denmark, or Scandinavia, is that you have this beautiful welfare system where everybody get the same opportunities. Denmark gave me an education, a good healthcare system, and all the benefits that many in Denmark have worked for to give to their children. So for me, it was obvious that when I got successful, I never, never said that it was only because I was good. I said the society of course is a big part of it. And that’s why I have to protect the welfare system and put as much as I can back inside the system.”

~ Djaffar Shalchi, Millionaires for Humanity

De-growth must be focused on reducing the hugely polluting lifestyles of the richest people on the planet, let’s say the top 10%, at the same time allowing for growth of health and education services, all the other services that can rapidly improve the wellbeing of the remaining 90% of the people. This should be an agenda for redistributing wealth and power. In a world of finite resources, we can only live in peace if we share resources more fairly, and don’t perpetuate an economic system which distributes resources upwards into the pockets of a very tiny minority who mainly extract wealth rather than create wealth.”

~ John Christensen, Tax Justice Network

Our tax collectors are the forgotten key workers, right up there with healthcare staff and all the key workers, that we should be celebrating most highly.”

~ Taxcast host Naomi Fowler

Image: “Copenhagen Cycling” by @markheybo is licensed under CC BY 2.0

Tax Justice Network Portuguese podcast #25: Plano Biden reacende debate de um imposto global

Welcome to our monthly podcast in Portuguese, É da sua conta (it’s your business) produced by Grazielle David, Daniela Stefano and Luciano Máximo. All our podcasts are unique productions in five different languages – EnglishSpanishArabicFrenchPortuguese. They’re all available here.

Plano Biden reacende debate de um imposto global #25

O governo Joe Biden planeja o imposto mínimo global corporativo para gerar empregos e reativar a economia estadunidense com investimento em infraestrutura sustentável. Essa proposta pode mudar os rumos do debate dentro da OCDE, onde a ideia já vinha sendo discutida há anos.

Mas a proposta estadunidense ou a discutida na OCDE para a implementação do imposto mínimo global corporativo beneficiaria todos os países? Ou só  aumentaria as receitas dos países ricos? No episódio #25 de É da Sua Conta, especialistas apontam o caminho para que essa medida não aumente ainda mais a desigualdade entre as nações. Conheça também a proposta dos movimentos globais por justiça fiscal de imposto com alíquota mínima efetiva, o que há de melhor elaborado nesse sentido.

Participantes desta edição:

#25 Plano Biden reacende debate de um imposto global

Mais informações:

https://www.catj.org.uk/uploads/1/1/8/6/118613197/a_global_tax_plan_for_a_global_pandemic_-_small_corrected.pdf

Conecte-se com a gente!

É da sua conta é o podcast mensal em português da Tax Justice Network. Apresentação e Produção: Daniela Stefano e Grazielle David. Redes Sociais: Luciano Máximo. Coordenação: Naomi Fowler.

Download gratuito. Reprodução livre para rádios.

Africa and the corrosive international tax system

By Chenai Mukumba (Tax Justice Network Africa) and Rachel Etter-Phoya (Tax Justice Network)

Illicit financial flows punch holes in the public purse across the African continent. Over the past five decades Africa has lost in excess of US$ 1 trillion in illicit financial flows. This amount dwarfed Africa’s receipts of overseas development assistance during this period and also exceeded foreign direct investment into Africa.

Two-thirds of corporate tax abuse, which forms a substantial part of illicit financial flows, is enabled by member countries of the Organisation for Economic Co-operation and Development (OECD), which is the leading rule-maker on international tax. This was revealed in the biennial Corporate Tax Haven Index 2021 published by the Tax Justice Network. The index exposes how this club of rich countries has created a system that allows multinational companies to pay less taxes in the countries where they should with direct effects on developing countries’ tax revenues.

According to Lyla Latif, Managing Director of the University of Nairobi’s Journal on Financing for Development and Director of the African Centre for Tax and Governance, “African countries inherited a tax system put in place by some of the old powers assembled today as the Organisation for Economic Cooperation and Development (OECD)”. She explains that:

“This system, which is at play today, based its entire tax philosophy around mobilisation of taxable income, regardless of where it was sourced from resident countries. This, by design, embedded inequality within the international tax regime in which African states have become vulnerable and open to the scramble for tax. Such vulnerability expressed in the form of base erosion and profit shifting, is largely responsible for the removal of the provision of social services and welfare from the centre of the post-colonial African government’s fiscal obligation to its taxpayers.”

Transforming the current international tax system will go a long way to ensuring African governments can protect the rights of citizens and fill half of the financing gap to achieve the Sustainable Development Goals.

Rich countries responsible for the bulk of corporate tax abuse

A club of rich countries setting global rules on corporate tax are responsible for over two-thirds of global tax abuse. That tax abuse costs the world eight times the European Union’s Coronavirus Global Response Fund and three times the combined health budget of African countries

Among the biggest enablers of global corporate tax abuse are four British Overseas Territories and Crown Dependencies (#1 British Virgin Islands, #2 Cayman Islands, #3 Bermuda, and #8 Jersey). The islands are followed closely by the Netherlands (#4), Switzerland (#5) and Luxembourg (#6). These countries claim to be developing equitable global tax rules, yet are responsible for the lion’s share of illicit financial flows.

Britain seeks through its Foreign, Commonwealth and Development Office to “reduce poverty and tackle global challenges”. Yet the UK and its spider web of Crown Dependencies and Overseas Territories are collectively responsible for 31 per cent of the world’s corporate tax abuse risks. US$ 160 billion of public money is lost every year as a result. In these Crown Dependencies and Overseas Territories, the UK has full powers to implement or veto law-making and the British Crown has the power to appoint key government officials.

The Netherlands enables 5.5 per cent of global corporate tax risks, yet the Dutch government also claims it wants to “reduce poverty and social inequality [… and] prevent conflicts and instability”. Switzerland states that in its “development cooperation with the South” it is “fighting poverty and ensuring no one is left behind” and Luxembourg claims in its “ethos of sustainable development […that] man, woman and child tak[e] centre stage”, while they respectively enable 5.1 and 4.1 per cent of global corporate tax risks.

The UN High Level Panel on International Financial Accountability, Transparency and Integrity (FACTI) makes clear in its recently launched report, that illicit financial flows “worsen inequalities, fuel instability, undermine governance, and damage public trust. Ultimately, they contribute to States not being able to fulfil their human rights obligations.”

These European countries and their dependencies are therefore key in the design and propping up of a system that is an antithesis to development. As Léonce Ndikumana, Distinguished Professor at the University of Massachusetts Amherst, writes in the Black Lives Shattered edition of the Tax Justice Focus, donor countries “could increase the effectiveness of their aid to the continent by helping to plug the leakage of Africa’s wealth by denying a home to illicit flows from the continent”. 

Africa and the Corporate Tax Haven Index

The Corporate Tax Haven Index shows once again that most African countries pose a minimal risk to other countries in terms of enabling profiting shifting by multinational companies. Nine countries are assessed BotswanaGambiaGhanaKenyaLiberiaMauritiusSeychellesSouth Africa and Tanzania.

Based on meticulous research of national laws, policies and practice, each of the 70 countries included in the Corporate Tax Haven Index are given a score. Unlike the European Union’s blacklist which only assesses and includes non-EU countries and their tax policies, the index assesses how much a country’s tax system enables corporate tax abuse and then combines that score with the amount of corporate activity taking place in the country in order to determine how much corporate activity is being put at risk of tax abuse. To measure how much of the financial activity conducted by multinational corporations around the world is hosted by the jurisdiction, the International Monetary Fund’s data on foreign direct investment is used. The greater the share of the world’s corporate activity jeopardised by the country’s tax system, the higher the country ranks on the index. 

Countries on the European Union’s tax haven blacklist enable 2 per cent of global corporate tax abuse. The Netherlands, Switzerland & Luxembourg enable 15 per cent but are exempt by default.

Mauritius continues to play a corrosive role in Africa with its “authorised company regime”, raft of tax exemptions and almost non-existent transparency requirements for corporate reporting. The State of Tax Justice 2020 reports that each year Mauritius costs other countries at least US$ 961 million in lost tax by enabling cross-border corporate tax abuse. Mauritius also costs other countries $432 million in lost tax by enabling private tax evasion, bring the total of tax countries lose due to Mauritius to $1,392 million every year.

Mauritius
  • Corporate Tax Haven Index Ranking: 15
  • Financial Secrecy Index Ranking: 55
  • Tax Loss Each Year To Tax Havens: $ 312,156,686
  • Tax Loss Inflicted On Other Countries: $ 699,975,120
See country profile ↘

Other countries on the continent have taken steps to protect themselves and also contribute less to corporate tax havenry. Kenya, for example, abolished the exemption on withholding tax for dividends paid by special economic zone enterprises, developers or operators to non-residents. It also increased the withholding tax rate for dividends paid to a non-resident person from 10 to 15 per cent. This will help Kenya counter corporate tax avoidance strategies and protect its own tax base. For example, subsidiaries of multinationals operating may reduce their taxable income and therefore corporate income taxes paid by deducting payments made to other companies in other countries within the same corporate group. Therefore, withholding taxes on any payments, such as dividends in Kenya’s case, have the potential to compensate for losses. Kenya could improve its tax collection further if it were to limit deductions on other payments subsidiaries make – royalties, interest and service payments.

In 2020, Botswana abolished the Botswana Investment and Trade Centre company regime, which operated in similar ways to patent box regimes found in other jurisdictions. Patent box regimes provide preferential tax treatment for intellectual property rights and thus enable cross-border profit shifting into these tax regimes, undermining the tax bases of jurisdictions elsewhere. This important change made by Botswana therefore protects the tax base of other countries, and the Seychelles should now follow in abolishing patent box regimes in their jurisdiction. Mauritius also abolished its patent box regime, although unfortunately it continues to exempt foreign royalties from the tax base. The Seychelles has also abolished the special licence regime for companies.

As Tax Justice Network and Tax Justice Network Africa have found in the past, African countries contribute much less to the problem of tax abuse than European Union and OECD member states and their dependencies. Yet transparency and anti-avoidance measures are still less robust than in OECD countries. There is a need for policy improvements in African countries to curb and protect against corporate tax abuse.

Improving corporate filing requirements is a low cost step for African administrations to improve transparency to tackle base erosion and profit shifting. Unfortunately none of the nine African countries assessed in the Corporate Tax Haven Index require all companies to keep accounting records, to file accounts annually with a government agency, and for a government agency to publish these online at low or no cost.

To identify profit shifting risks, such as through transfer mispricing, African tax authorities should oblige multinational companies to provide information on where they carry out their activities, where they declare their profits and where they pay their taxes. This means that a step African countries must take is to oblige multinationals headquartered within their jurisdictions to publish public country by country reports and subsidiaries of foreign multinationals to file country by country reports locally.

A positive development is that the disclosure of payments to government at the mining project level has already started on a voluntary basis in the extractives sector for African countries participating in the Extractive Industries Transparency Initiative. This shows what is possible. Ghana and Liberia have made progress on contract disclosure in the extractives sector, and while it is no panacea, contract transparency should improve government enforcement and incentivise fair contracts.

The Panama Papers and subsequent leaks have revealed the role of intermediaries, such as tax advisors in tax planning schemes. As a result, governments across the world have been spurred on to require taxpayers and tax advisors to report tax abuse schemes that are being used or marketed and promoted. Of the African countries examined by the Corporate Tax Haven Index, only South Africa has implemented this rule. Other African countries could follow suit. Mandatory reporting requirements also act as a deterrent against using tax abuse schemes and flag areas of uncertainty in the tax law that need clarifying or improving. These domestic actions and others supported by the Tax Justice Network Africa, Tax Justice Network and partners will go some way to Stop The Bleeding, in the words of a campaign Tax Justice Network Africa spearheads. Yet fundamental change will come only by reprogramming the international system of tax rules

Collective action is needed by African countries and others to shift the power from the club of rich countries at the OECD to the United Nations, reinforcing their work with a UN Tax Convention. Only then will we get closer to international tax rules that are designed in a genuinely representative way, reflecting the needs of all countries, and not just those in the exclusive OECD club.

The Tax Justice Network May 2021 Spanish language podcast, Justicia ImPositiva: Histórica huelga en Colombia, mínima tasa global #59

Welcome to our Spanish language podcast and radio programme Justicia ImPositiva with Marcelo Justo and Marta Nuñez, free to download and broadcast on radio networks across Latin America and Spain. ¡Bienvenidos y bienvenidas a nuestro podcast y programa radiofónico! Escuche por su app de podcast favorita.

En este programa:

Invitados:

Histórica huelga en Colombia, mínima tasa global #59

MÁS INFORMACIÓN:

Enlace de descarga para las emisoras: https://traffic.libsyn.com/secure/j-impositiva/JI_mayo_21.mp3

Subscribase a nuestro RSS feed: http://j_impositiva.libsyn.com/rss

O envien un correo electronico a Naomi [@] taxjustice.net para ser incorporado a nuestra lista de suscriptores.

Sigannos por twitter en http://www.twitter.com/J_ImPositiva

Estamos tambien en facebook: https://www.facebook.com/Justicia-ImPositiva-1464800660510982/

New free book: Combating Fiscal Fraud and Empowering Regulators

A new book titled Combating Fiscal Fraud and Empowering Regulators: Bringing tax money back into the COFFERS was published by Oxford University Press in February this year. The book is freely available for download and provides an account of some of the most seminal findings and applications of state of the art tax research that have emerged in recent years. It’s the outcome of a three-year-long EU Horizon 2020 project with the same title. The project, led by Prof. Brigitte Unger, ran from November 2016 until December 2019, and was composed of a multidisciplinary group of researchers from diverse disciplines (economics, accounting, law, sociology, psychology, political science, etc.) working together to assess new international tax policy measures and what they imply for the EU and in many aspects for the world altogether.

The book analyses the impact of new international regulations on the scope and scale of tax abuse and money laundering and to present some of the unintended consequences and loopholes that can arise. Clear Policy recommendations on how to improve the international tax regulatory regime are included on two pages (326-327).

Chapter 6 (written by Leyla Ates, Alex Cobham, Moran Harari, Petr Janský, Markus Meinzer, Lucas Millán and Miroslav Palanský) sets out a new approach to mapping the geography of profit shifting, based on a range of objectively verifiable criteria, utilised in our Corporate Tax Haven Index 2019. It discusses the index’s political implications for the immediate process of international tax reform, and for the longer- term prospects for global governance in this area.

In this chapter, the authors argue the OECD’s Base Erosion and Profit Shifting (BEPS) initiative has failed in reducing the misalignment between the location of multinationals’ real economic activity and where they declare their resulting profits for tax purposes. The authors also focus on three key observations from the new geography of profit shifting, as characterised by the first edition of our Corporate Tax Haven Index:

Chapter 8 (written by Petr Janský, Andres Knobel, Markus Meinzer, Tereza Palanská and Miroslav Palanský) explores the patterns of the large amounts of financial secrecy supplied to the EU. The chapter assesses the progress of two EU policy efforts to tackle financial secrecy: automatic exchange of country by country reporting data by multinationals and black and grey list of non-cooperative jurisdictions. The analysis and policy recommendations build on the Tax Justice Network’s Financial Secrecy Index, which ranks each jurisdiction’s contribution to global financial secrecy, and its bilateral extension, the Bilateral Secrecy Financial Index to estimate which jurisdictions supply most secrecy to the EU Member States.

The authors found that approximately 79 per cent of the financial secrecy faced by the EU is covered by active automatic country by country reporting information exchange relationships. Furthermore, there is considerable heterogeneity in the share of secrecy that is covered by those active relationships across the individual EU Member States. This finding indicates on the potential benefit for policy makers in identifying the most important secrecy jurisdictions for individual countries.

The authors also found that 34 per cent of the financial secrecy the EU is facing is supplied by other EU Member States. The fact that EU member states are by default excluded from the EU list of non-cooperative jurisdictions thus reveals its fundamental flaw. A further 13 per cent comes from the Member States’ overseas countries and territories, mainly from the UK’s Cayman Islands, Bermuda, and Guernsey. More than 75 per cent of financial secrecy faced by the EU comes from high-income countries, and only 6 per cent comes from low and lower-middle-income countries.

The chapter provides two concrete policy recommendations: First, country by country reporting data should be made publicly available by all jurisdictions to enable effective tracking of economic activity of multinational corporations by all tax authorities, as well as by researchers, and the public who would then be able to hold both multinationals and authorities to account. The authors explain that the publication of the data is likely to replace the system of automatic exchange of country by country reporting, as there will be no need to exchange information thus freeing many resources and reducing costs for tax authorities.

Second, until country by country reporting data is made publicly available by multinationals, countries are encouraged to require local subsidiaries of multinational corporations to file country by country reporting data directly with local authorities in case the data is not yet public or if local authorities cannot obtain it via automatic exchanges regardless of the reason.

The book Combating fiscal fraud and empowering regulators: Bringing tax money back into the COFFERS is available online for free.

Tax Justice Network Arabic podcast, edition #41: الجباية ببساطة #41 – الضريبة على الأرباح الرأسمالية وتوزيعات الأرباح تثير جدلا في مصر

Welcome to the 41st edition of our Arabic podcast/radio show Taxes Simply الجباية ببساطة contributing to tax justice public debate around the world. It’s produced and presented by Walid Ben Rhouma and is available for listeners to download. Any radio station is welcome to broadcast it for free and websites are also welcome to share it. You can join the programme on Facebook and on Twitter.

في هذا العدد من الجباية ببساطة سلطنا الضوء على الأخبار الضريبية في المنطقة العربية والعالم قبل أن نتناول موضوع تعديل بعض أحكام قانون الضريبة على الدخل في مصر حيث حاور وليد بن رحومة، المحامي المتابع للشأن الضريبي الدكتور مصطفى الفار، للحديث عن التعديلات المنشورة بالقانون والتي تهم الضريبة على الأرباح الرأسمالية وضريبة توزيعات الأرباح والجدوى المتوقعة منهما على الميزانية، وتاثيرهما على المستثمرين والبورصة المصرية.

الجباية ببساطة #41 – الضريبة على الأرباح الرأسمالية وتوزيعات الأرباح تثير جدلا في مصر

تابعونا على صفحتنا على الفايسبوك وتويتر https://www.facebook.com/ TaxesSimply Tweets by taxes_simply

The Tax Justice Network’s French podcast: 63% des dépenses budgétaires contre la Covid-19 ont bénéficié à de riches entreprises #27

Pour cette 27ème édition du podcast francophone édition de votre podcast en français Impôts et Justice Sociale avec Idriss Linge: que vous propose Tax Justice Network, nous revenons sur rapport publié par le Financial Transparency Coalition, avec le concours de plusieurs ONG internationales, dont Tax Justice Network Africa. Le document renseigne de ce qu’une part importante des ressources dépensées par les pays du sud en vue répondre à la Covid-19 a plus bénéficié à des entreprises déjà riches, qu’à des objectifs de protection Sociale.

Nous abordons aussi la question de la justice sociale et fiscale au Burundi avec le journaliste et activiste Burundais Julien Barinzingo. Enfin nous revenons sur la voix de l’Afrique dans le débat fiscal international. Les avancées sont bonnes selon la société civile de la région, mais un aspect important des pertes financières africaines, le commerce, n’est pas suffisamment pris en compte.

Interviennent dans ce podcast:

63% des dépenses budgétaires contre la Covid-19 ont bénéficié à de riches entreprises #27

Vous pouvez suivre le Podcast sur:

Tax Justice Network Portuguese podcast #24: Menos abuso fiscal = menos fome

Welcome to our monthly podcast in Portuguese, É da sua conta (it’s your business). All our podcasts are unique productions in five different languages – EnglishSpanishArabicFrenchPortuguese. They’re all available here.

Menos abuso fiscal = menos fome #24

Mais de 270 milhões de pessoas estão em alto risco ou já em situação de fome, segundo a Organização das Nações Unidas (ONU). E o abuso fiscal de multinacionais reduz a capacidade dos Estados de garantir direitos e acabar com a fome. Assim sendo, enfrentar o abuso fiscal é também uma maneira de reduzir a fome no mundo. Uma ferramenta importante nessa luta é o  Índice de Paraíso Fiscal Corporativo 2021 da Tax Justice Network, que mostra quais são os países que mais facilitam esse abuso, além de trazer recomendações para acabar com ele.  

As grandes multinacionais precisam contribuir com tributos nos países onde geram seus lucros. Por isso, é essencial acabar com os mecanismos de envio do lucro para paraísos fiscais. Com esse recurso, os Estados poderiam agir para acabar com a fome, ampliar as ações de enfrentamento da pandemia e acabar com outros problemas que o mundo em crise enfrenta.

Como o fim do abuso fiscal pode reduzir a fome? Ouça no episódio #24 do É da sua conta.

Participantes desta edição:

Menos abuso fiscal = menos fome #24

Mais informações:

Conecte-se com a gente!

www.edasuaconta.com

Twitter

Facebook

Plataformas de áudio: Spotify, iTunes, Stitcher, Deezer

Inscreva-se: [email protected]

Download do podcast em MP3

Podcast: Hong Kong raises its stock transfer tax as Wall St escapes (for now…)

In this Taxcast Extra Naomi Fowler speaks to Jim Henry, economist, lawyer, investigative journalist and Tax Justice Network senior adviser about the campaign to persuade New York State (which is broke) to reinstate its (tiny) Stock Transfer Tax. It would have created an important precedent for the world but for now, Wall Street has escaped. At the same time, in Hong Kong they have raised their Stock Transfer Tax in an example of “tax competition in reverse,“ or a “race to the top.”

The transcript of this podcast is available here (some is automated and may not be 100% accurate) 

Taxcast Extra: Hong Kong raises its stock transfer tax as Wall St escapes

Further reading/listening:

Image: “Wall Street” by Michael Aston is licensed under CC BY-NC 2.0

From an un-caring economy to a caring economy: the Tax Justice Network podcast, April 2021

Welcome to the latest episode of the Tax Justice Network’s monthly podcast, the Taxcast. You can subscribe either by emailing naomi [at] taxjustice.net or find us on your podcast app.

A transcript is available here. (Some is automated and may not be 100% accurate)

Featuring:

From an uncaring to a caring economy #111

Really, we have to begin by rethinking the meaning of life, the meaning of life isn’t about increasing the wealth of the super wealthy, it’s about people and how we interact and how we’re able to care for each other.”

~ Lynne Segal, the Care Collective

When it comes to markets, there are already alternatives that can help us reimagine forms of economic exchange that are far more equitable and far more caring.”

~ Andreas Chatzidakis, the Care Collective

What it seems to me President Biden is saying is he wants to reset the programming of the global rules, that’s the rules of globalisation so that they work to the advantage of the working and middle classes. it’s historic actually. But there are some grounds for quibbling…”

~ John Christensen on the US adminstration’s global minimum tax proposals

Further reading:

Image: “black hand | white hand” by mbeo is licensed under CC BY-NC-ND 2.0

Poor pushed aside as corporates pocket pandemic funds in developing countries

Large corporations, rather than ordinary people, have been the main beneficiaries of Covid bailout funds in many lower-income countries. Despite the rhetoric of “building back better” that has surrounded responses to the economic fallout of the pandemic, a new report from the Financial Transparency Coalition shows that the majority of Covid-19 recovery funds in developing countries have gone to big corporations instead of toward social protections, small and medium sized business enterprises, or those working in the informal sector.

Towards a People’s Recovery: Tracking Fiscal and Social Protection Responses to COVID-19 in the Global South is the first major analysis of public bailout funds disbursed in the Global South during the pandemic. It analyses data from a total of nine countries: Kenya, South Africa, Sierra Leone, Bangladesh, India, Nepal, Honduras, Guatemala, and El Salvador.

In terms of the total amount of funds allocated, a staggering 63 percent of pandemic-related funds went on average to big corporates in eight of the nine surveyed countries, while only a quarter of the funds went to social protection. (This excludes India, where support for different sectors was more evenly balanced, but where the government changed the definition of “small businesses” during the pandemic.) However, the total corporate stimulus is likely to be even larger, as these numbers don’t include expected revenue shortfalls from tax cuts, especially in Bangladesh and India, or the cost of tax amnesty programmes, as in Bangladesh and Honduras.

“By the end of 2021, 150 million people are expected to fall into extreme poverty due to the pandemic. But in most countries the main bailout funds are going to big corporations, while those most impacted by this crisis in the Global South – the poor, informal workers, and smaller businesses – are being left out. This threatens to further widen the gap between rich and poor, and increase countries’ mounting debt, all while undermining countries’ healthcare and social protections systems.”

Matti Kohonen, director of the Financial Transparency Coalition

In addition, the report also found:

Additionally, much of the money allocated to small and medium sized business enterprises never reached these companies. In Bangladesh, for instance, only a third of funds allocated for smaller businesses had been disbursed by the time of the Financial Transparency Coalition’s survey. Similarly, in Guatemala much of the money allocated to small and medium sized business enterprises was diverted to other projects.

The new report also warns about a lack of transparency of the recovery funds, including emergency funds provided by organizations like the World Bank and the International Monetary Fund (IMF). In Kenya, for instance, the World Bank provided $50 million in immediate funding to support the country’s emergency response – funds that are now unaccounted for. This is partly due to most international monitoring systems looking at initial funding announcements, rather than tracking the actual disbursement of funds.

To address the dangerous imbalance in existing Covid bailout funds, the Financial Transparency Coalition recommends the following:

See a collection of the Tax Justice Network’s work on Coronavirus and tax justice here.

About the Financial Transparency Coalition

The Financial Transparency Coalition is a global civil society network, operating as a collaborative coalition of eleven civil society organisations based in every region of the world. It works to curtail illicit financial flows through the promotion of a transparent, accountable and sustainable financial system that works for everyone. The members of the Financial Transparency Coalition are the Asian Peoples Movement on Debt and Development, Centre for Budget and Governance Accountability, Christian Aid, the European Network on Debt and Development, Fundación-SES, Global Financial Integrity, the Latin American Network on Debt, Development and Rights, the Pan-African Lawyers Union, Tax Justice Network, Tax Justice Network Africa, and Transparency International.

The METR, a Minimum Effective Tax Rate for multinationals

This is a guest post from Sol Picciotto, Coordinator of the BEPS Monitoring Group, emeritus professor of law at the University of Lancaster in the UK, and one of the Tax Justice Network’s senior advisers. Sol is also a global leader in international tax law, and his work has for decades informed the push for reforms to ensure a more effective and progressive treatment of multinational companies. Here, he presents our new proposal, the METR, which cuts through the complexity and uncertainty of the OECD proposal for a global minimum tax and would deliver a clear end to the race to the bottom.

There is an unprecedented opportunity in the next few weeks to reach international agreement on measures that could end the race to the bottom in corporate taxation. The new US administration has put its weight behind efforts to agree a strong and effective minimum tax on multinational enterprises (MNEs). The Biden administration’s own Tax Plan would transform the measures already introduced by Trump in 2017, giving them real teeth, and this should spur on other states. But, as always, devils lie in the details.

The aim is to bring MNEs’ profits and the taxes they pay in line with where they have real activities, as mandated by the Tax Declaration issued by the G20 leaders back in 2013. Unfortunately, negotiations since then through the project on base erosion and profit shifting (BEPS) hosted by the Organisation for Economic Cooperation and Development (OECD) have resulted only in a patch up of existing rules. The main gain was the creation of a system of country-by-country reporting (called for since 2003 by tax justice campaigners), but this has been limited to only the largest MNEs, and the reports are not made public. However, the aggregate data that have been published show that there has been little decline in profit-shifting, and suggest annual global losses from corporate tax avoidance at around $200 billion.

Enormous pressure from public opinion has pushed the OECD into continuing efforts, but they have focused mainly on highly digitalised MNEs. US opposition to targeting these mainly US-based companies has resulted in a slight widening of the scope, to include some brand-name consumer products firms. The latest proposals at last do envisage a new approach, allocating at least a small part of the global profits of MNEs in accordance with their economic reality as unitary firms by applying a formulaic method. However, this will apply to only a handful, perhaps as few as a couple of hundred, of the largest MNEs. It would leave untouched the current dysfunctional rules that treat affiliates of MNEs as separate entities and spur them to book paper profits in low-tax countries.

More hopeful is the proposal for a global minimum tax. This would not require global agreement, indeed the US has shown that even unilateral measures are possible, so it could be introduced by a group of willing countries. Such a coalition could side-step resistance and sabotage by countries that have been captured by the tax avoidance industry, and break the vicious cycle of beggar-thy-neighbour tax competition.

The Biden proposals point the way forward by greatly strengthening two central defensive walls against profit shifting. First, the GILTI (global intangible low-taxed income) tax, which applies to low-taxed foreign profits of US-based MNEs, would apply on a per country basis, and the rate would double from 10.5% to 21%. Secondly, the complementary measure that applies to profits shifted out of the US by foreign based MNEs, the BEAT (base erosion anti-abuse tax) will be replaced by the SHIELD (Stopping Harmful Inversions and Ending Low-tax Developments) tax. The two measures would operate in tandem, using the same methodology to specify the low effective tax rate, and aim to be coordinated with other countries if possible.

Most of the building blocks for an international agreement have been provided in the blueprint published October 2020 by the OECD, but the overall design has significant flaws. Like the US measures, the OECD’s proposed GLOBE (global anti-base-erosion) tax has two components, one for the MNE home country to target low-taxed foreign profits, and the other for host countries to block shifting of profits to low-tax jurisdictions. However, it proposes to give priority to MNE home countries to tax these undertaxed profits. Host country measures would only be a fall-back, even though they are the source of these undertaxed profits. The blueprint recognises that this would be grossly unfair, particularly to smaller and poorer countries that are mainly or only hosts to MNEs. So, a third measure is proposed, but this would require changes to tax treaties, effectively handing a veto to countries that have designed their treaties and other measures to enable sheltering of low-taxed income.

To provide a fairer and more effective solution, a revised version of the GLOBE has been put forward by a group of researchers variously affiliated to Tax Justice Network, the BEPS Monitoring Group, the Independent Commission for the Reform of International Corporate Taxation (ICRICT) and Charles University’s CORPTAX research group: a minimum effective tax rate (METR) for multinationals. This would combine the two elements of the GLOBE into a single formulary apportionment rule (FAR), that could be applied by all countries to both inward and outward investment alike.

Dispensing with the need for priority rules would ensure fairness between countries, and non-discrimination between home-based and foreign-based MNEs, as well as greatly simplifying administration of the measure. The METR would allocate profits that have been taxed below the agreed minimum effective tax rate among countries, using factors reflecting the MNE’s real presence in each country (employees, physical assets and sales to customers). Each such country could apply its own tax rate to these apportioned undertaxed profits, whether it is above or below the agreed minimum rate.

This would of course not provide a complete solution. Although the METR could go ahead without the need for a treaty, some important changes should be made to treaties as soon as possible to facilitate its application. Countries could still compete to attract investment by offering low tax rates, but it would be to attract real activities and not paper profits. The METR’s formulary global minimum tax should point the way forward to a more comprehensive reform of international tax rules based on unitary taxation of MNEs and formulary apportionment.

The METR’s reallocation of undertaxed profits should be widely welcomed, as our estimates suggest that almost all countries would benefit (for the full data see here). As the table shows, compared to the GLOBE the METR would bring greater revenues to countries with a per capita GDP below US$40,000. This results from both its fair apportionment method, and from allowing each country to apply its standard tax rate to its apportioned undertaxed profits.

This would level the playing field between MNEs and domestic companies, and create an incentive for countries with low rates to increase them. Hence, it is important to set a suitable minimum rate. This should be no lower than the US proposal of 21%, and preferably 25% or higher as proposed by the ICRICT. The METR should also apply to all MNEs, subject only to a low threshold of perhaps €50m to exclude small and medium enterprises.

Tax revenue gains by country groups from the METR and the GLOBE (at a 25% minimum rate)

GDP per capita (USD)Number of countriesMETR (USD billion)GLOBE (USD billion)% difference (METR vs GLOBE)
<1,000110.60.460.1%
1,000-3,0001831.019.657.7%
3,000-10,00037187.2143.430.5%
10,000-40,00039205.2190.08.0%
>40,00031360.0429.4-16.2%
Totals136784.0782.8

NB. This table was initially posted with erroneous data in the METR and GLOBE columns. This correction is posted at 1615 BST, 16.4.21, with thanks to Tommaso Faccio for spotting the error.

For further details see:

Cobham A, Faccio T, Garcia-Bernardo J, et al. (2021) A Practical Proposal to End Corporate Tax Abuse: METR, a Minimum Effective Tax Rate for Multinationals. IES Working Papers 8/2021.

Picciotto S, Kadet JM, Cobham A, et al. (2021) For a Better GLOBE: A Minimum Effective Tax Rate For Multinationals. Tax Notes International 101(7): 863-867.