ICRICT’s study of asset ownership information available in the UK: a stepping stone towards a Global Asset Registry

This blog was originally published by ICRICT on 19 December 2019. ICRICT is inviting comments on its new study. If you would like to send your comments, please do so no later than Thursday 31 January 2020 to [email protected].

Wealth inequality poses serious risks to economies, to societies more broadly, and to the functioning of democracies. And yet the actual magnitude of wealth inequality is unknown because of the deep financial secrecy that surrounds it. It also allows individuals and entities to hide proceeds of corruption, engage in money laundering and the financing of terrorism, or to evade taxes.

This financial secrecy means that authorities have no comprehensive knowledge about who owns what, whether they obtained it through legal means and funds, and whether applicable taxes have been paid. Moreover, local and international authorities that do have access to information, usually work in silos, without cooperating or sharing information with each other.

A crucial tool to tackle all these issues would be to have a national or interconnected register of assets, to allow information to be complete, verified, and used by the right authorities or people.

ICRICT has been working on the concept of a Global Asset Registry since 2018. It held a conference in New York in September of 2018 to discuss a roadmap to a Global Asset Registry, as described in this declaration. A workshop to develop further the concept of a Global Asset Registry  took place at the Paris School of Economics on 1-2 July 2019 as described by this brief.

As part of the roadmap towards the development of a Global Asset Registry, ICRICT is undertaking a first research pilot on the UK to understand the possibilities and requirements to set up local interconnected asset registries within each country. These could eventually evolve into a Global Asset Registry.

ICRICT has released its first scoping study of asset ownership information available in the UK, which could be the stepping stone for a national asset register and eventually towards the Global Asset Registry.              

This scoping study analyses current collection and publication of information in the UK for several types of tangible and intangible assets including: land and property, rural land, cars, yachts, private jets, gold and precious metals, arts and antiques, jewellery, cash, racehorses, livestock, bank accounts, non-listed stock, listed securities, crypto-assets (e.g. bitcoins), intellectual property and extractive licences. It also describes the level of details available for each type of asset (legal or beneficial ownership, price or value information and whether it is publicly accessible or not), the number of registers of each category, loopholes affecting their scope, and available statistics for each type of asset.

Finally, the study includes ten general proposals on how asset ownership information could be improved, including the publication of statistics on information considered confidential.

This scoping study is published as a working paper inviting comments from the general public on its findings and proposals, including questions on the scope of assets that should be subject to registration, their level of details, who should have access to that information, who should hold it, potential uses and how the data could be verified. The comments provided will assist ICRICT in the development of a final proposal in 2020. Interested parties are invited to send their comments no later than Thursday, 31 January 2020 to [email protected].

Please find “Pilot study for a UK Asset Registry–Phase 1” here and “Roadmap on Global Asset Registry” here.

Key figures

Quotes of ICRICT commissioners

José Antonio Ocampo, Chair of ICRICT, said:  

“An important part of the wealth kept in tax havens is concentrated in dummy corporations, which clearly aim to keep their final beneficiaries unidentifiable. A global financial registry of the real and final individual beneficiaries of these companies, bank accounts and properties would be a crucial measure to deal with this. It would allow limiting tax evasion, money laundering and even the financing of terrorism”.

“If all countries had access to information about the final beneficiaries, it would make this strategy of covering funds up through chains of legal vehicles obsolete. In fact, it would make it impossible for multinationals to fraudulently assign profits that were generated in countries where they should be taxed, to tax havens”.

Thomas Piketty,  ICRICT Commissioner and Professor at EHESS and at the Paris School of Economic

“On private assets held in tax havens, the greatest opacity is still in force. The number of world’s wealthiest people has continued to grow since 2008 at a much faster rate than the size of the economy, partly because they pay less tax than others. We continue to live in the illusion that we will solve the problem on a voluntary basis, by politely asking tax havens to stop behaving badly.

“There is an urgent need to speed up the process and put in place strong trade and financial sanctions against countries that do not comply with strict rules. At the same time, a unified global asset registry must be set up”.

Gabriel Zucman, ICRICT commissioner and Professor of Economics at the University of California at Berkeley said:

“Tax havens are a key driver of global inequality, because the main beneficiaries are the shareholders of the companies that use them to dodge taxes. On top of helping multinationals dodge taxes, offshore centres enable a number of ultra-wealthy individuals to hide their riches”.

“The notion that a register of financial wealth would be a radical departure from earlier practices concerning privacy is wrong. It would deal a fatal blow to financial secrecy. In my view, a world financial registry would thus be the most effective weapon for creating global financial transparency”.

Edition 11 of the Tax Justice Network’s Francophone podcast/radio show: édition #11 de radio/podcast Francophone par Tax Justice Network

We’re pleased to share the eleventh edition of the Tax Justice Network’s monthly podcast/radio show for francophone Africa by finance journalist Idriss Linge in Cameroon. Nous sommes fiers de partager cette nouvelle émission de radio / podcast du Réseau Tax Justice, Tax Justice Network produite en Afrique francophone par le journaliste financier Idriss Linge au Cameroun.

Dans cette édition « Spécial 2019 » du programme Impôts et Justice Sociale:

Nous revenons sur les grands sujets de la bataille mondiale pour une meilleure justice sociale et fiscale, qui ont marqué l’année 2019. L’occasion de revenir sur les commentaires et avis que nous ont fournis nos experts et invités

Avec eux nous revenons sur des sujets comme

Vous pouvez suivre le Podcast sur :

The Competitiveness Files: Martin Wolf

In 2015 we set up a new website called Fools’ Gold, dedicated to investigating (and skewering) the woolly concept of “national competitiveness,” which is so widely (mis)used by many politicians, and so derided by many economists.

We are closing the Fools’ Gold site now, for operational reasons, but we’ll use it as an opportunity to re-publish some of the core elements from the site, notably a series of interviews or summarise reflecting the ideas of leading thinkers. The first comes from Martin Wolf, the chief economics commentator of the Financial Times and one of the world’s most influential economists. Wolf published a book in 2004, before the global financial crisis, called Why Globalization Works: the case for the global market economy. A forceful, heavily researched and uncompromising work, it became for a while a bit of a bible for those pushing for freer trade and further liberalisation of the global economy.

While we don’t agree with all parts of the book, we think that the chapter dealing with the idea of “national competitiveness” head on, is extremely good. Wolf told us in 2015, via email, that he has “changed his mind on finance” but stands by this particular chapter, entitled “Sad About the State,” which is the subject of today’s blog.

Optimistic about the state: Martin Wolf’s searing attack on the Competitiveness Agenda

By Nicholas Shaxson (originally published in 2015)

Few people who cited Why Globalization Works in defence of endless liberalisation and globalisation seem to have realised that this chapter, Sad About the State, contains a damning and clear-thinking critique of what is probably their most politically potent set of arguments for steamrollering opposition to liberalisation – what we like to call the ‘Competitiveness Agenda’.

This agenda is constantly pushed by lobbyists and hyperventilating politicians who yell that we are in a #globalrace (that is, for the non-twitterati, a ‘global race’) on things like tax and labour and environmental standards, and that our countries have no choice but to ‘compete’ by gratefully showering goodies and privileges on the owners of mobile capital, in terror that if we don’t feed them we become ‘uncompetitive’ and they will all skitter away to Geneva or Singapore.

Wolf asks what the word ‘competitive’ might mean for a country – and we haven’t seen evidence that he has changed his mind significantly about any of what follows here.

Introduction: the problem with ‘competitiveness’

Wolf’s arguments, exploring what it might mean for a country to be ‘competitive’, can be summed up briefly.

In short, he supports our own optimistic view that you needn’t bow down to the competitiveness agenda. “Competitiveness”, he explains, is Fools’ Gold – and in pretty much the same way that we argue it is. The chapter contains a related argument, which Wolf summarises: “The notion of the competitiveness of countries, on the model of the competitiveness of companies, is nonsense.”

“The notion of the competitiveness of countries, on the model of the competitiveness of companies, is nonsense.”

He points out, as we often have, that what so often lies behind all the woolly thinking out there is the ‘fallacy of composition’ (or, in his geeky formulation, the application of “‘partial equilibrium’ reasoning to a ‘general equilibrium’ question.”) In other words, what’s good for one company or sector isn’t necessarily good for the whole economy.

Wolf covers ground we’ve already explored recently via Paul Krugman and Robert Reich – but he gives it a much more comprehensive treatment than either of them, exploring a greater range of ways that one might talk about competitiveness.

All of the possible tests for ‘competitiveness’ crumble to dust in his hands – as they should.

Part of our raison dêtre here at Fools’ Gold is to expose and debunk exactly these commonly held arguments, and Wolf has done a lot of heavy lifting for us here.

Must social democratic states bow before omnipotent markets?

The chapter “Sad about the State” begins by quoting the English philosopher John Gray, who argued that “the chief result of this new competition is to make the social market economies of the post-war period unviable.” Similarly, Thomas Friedman famously said that the world is ‘flat’: every country in the world would have to become like the US or die.

Wolf points out that this is a view held on both the right (beneficient markets force evil governments not to fleece their people) and on the left (beneficient governments can’t shield their people from nasty global forces). He summarises: “Policies matter to the extent that they adversely affect performance. The notion of competitiveness is irrelevant.”

“Both agree that impotent politicians must now bow before omnipotent markets. This has become one of the clichés of the age. But it is (almost) total nonsense.”

And this is, if you think about it, a very optimistic view.

We like to put it this way: politicians think they are in a global race (and thus feel obliged to slash taxes on capital, weaken labour rights and so on) – but they are labouring under false consciousness. A country can tax mobile corporations and protect workers – and suffer no overall economic penalty for doing so. International co-ordination on these things is useful, for sure, but another way is possible: countries can unilaterally opt out of the race.

To engage can be to indulge in self-harm.

It is all about trade-offs. For example, a more ‘competitive’ (devalued) exchange rate may benefit exporters, but it will hurt consumers buying dearer imported goods. Is this an overall benefit? Perhaps; perhaps not. Corporate tax cuts benefit corporations, but the lost revenues hurt taxpayers elsewhere and consumers of public services.  To call these moves a priori ‘competitive’ is silly. But people do it all the time. For example, the pre-eminent Oxford-based think tank advising the UK government on corporate tax policy, was apparently set up to give the UK a more “competitive” tax system. Wolf looks briefly at corporation tax, noting in passing that countries show a huge range of corporation tax as a share of GDP (then between 1.8 percent in Germany to 6.5 percent in Australia in 2000; today the range is 1.2 percent in Slovenia to 8.5 percent in Norway), without any obvious effect on growth despite this enormous sevenfold range.

As a first general source of reassurance about unstoppable global forces, Wolf notes that there are large swathes of the economy sheltered from global forces: immovable domestic services, healthcare and education, for instance. (This seems to correspond to what the Manchester Capitalism project formerly known as CRESC calls the ‘Foundational Economy’.) And the sheltered parts of the economy are huge: in most high-income countries, Wolf says, relatively non-tradable services like this amount to two thirds of GDP or more. No need to get ‘competitive’ here.

But not all of the economy is thus sheltered, so at least in theory, there might still be something to talk about. In which case, how might one measure ‘competitiveness’?

Possible measures of ‘competitiveness’

Wolf looks at a number of possibilities. His basic test candidates in Why Globalization Works are highly taxed and regulated European countries, versus lower-tax and more laissez-peers like the U.S. and the U.K.

“Are there any signs that the higher-tax countries are, in some sense, uncompetitive?”“Competitiveness would turn out to be a funny way of talking about productivity.”
– Paul Krugman

And what could ‘uncompetitive’ actually mean?

Wolf’s first test looks at the work of Belgian economist Paul de Grauwe, who studies “competitiveness rankings” from the World Competitiveness Report from the IMD in Lausanne, and relates these to ratios of social security spending in GDP. Wolf summarises:

“He finds a modest positive correlation: the higher the social security spending, the more competitive the country. It is not difficult to understand why this positive correlation might exist: a generous social security system increases people’s sense of security and so may make them more willing to embrace change.”

This clearly isn’t in line with the urgings of the Competitiveness Agenda.  But still, the objection to these rankings, Wolf says, is that they are arbitrary. “Can we obtain more direct indicators of competitiveness? Yes.”

So, second, he cites possible weak trade performance (or trade deficits) as another possible meaning of ‘uncompetitive.’ But the ‘competitive’ UK and US economies, he noted, were running trade deficits, while the highly taxed countries ran surpluses (and this overall picture hasn’t changed decisively for the Eurozone, the UK or the US since then.)

So trade performance isn’t where ‘competitiveness’ is at, either.

Third, could it be all about export growth, relative to the local markets?

Well, exports from all the highly taxed economies grew faster than their markets from 1993-2002, while low-tax Japan and the US performed badly. (Latest data suggests that the UK and low-tax Japan have performed relatively poorly here; France and Germany have done rather better, and the US has done quite well – which isn’t so surprising for a faster-growing population.) This is a mixed bag: still no obvious overall pattern.

Fourth, could it be ‘the share of exports in the world economy’ that we’re after? He looks at the numbers (we haven’t yet found an updated data set for this,) and finds that all the main OECD countries saw a modestly declining share, presumably because other exporters like China are growing fast. He concludes “there is no sign of an exceptional deterioration in the trade performance of the highly taxed and regulated continental European countries.”

So it’s not that either. “Tax revenue does not go up in smoke. It is spent on things.”

He then summarises that“a slightly less economically illiterate way of assessing ‘competitiveness’ is in terms of flows of capital and labour. “A high-tax economy might bleed capital, for example, particularly corporate capital.”

This could possibly be measured, fifth, through examining the current account, he says. A country bleeding capital will have a capital account deficit, (which by definition is the same as a current account surplus.) He finds a motley assortment of performances in the highly taxed and regulated European area and an overall tiny current account surplus there (which doesn’t seem to have changed much since, except in the last couple of woeful Euro-years, overshadowed by Grexit fears). No obvious smoking gun here either.

Sixth, a related point, what about a more pointed measure: net capital outflows as a proportion of savings? In other words, what proportion of national savings was exported abroad in a given year? Euro countries tend to save more than the US or UK, he notes, so are more likely to be able supply the capital cravings of their Anglo-Saxon peers by investing some of their savings over there. But even after some exports of capital there, he found that the European countries invested domestically as much, if not more than, the US, as a share of GDP:

“There is, in other words, no sign of de-capitalization or capital flight from highly taxed continental European countries.”

Seventh: capital flows are a blunt instrument anyway: what about a more pointed measure, namely large net outflows of foreign direct investment (FDI), pointing to an ‘uncompetitive’ economy? Again, he finds a mixed bag in the Eurozone, with one outlier as the worst performer on this measure: the United Kingdom, with a very large net stock of FDI abroad of nearly 33 percent. Wolf’s comment:

“What is striking is the variety of national positions. There is no sign that highly taxed countries, in general, suffer from a huge, unrequited outflow of corporate capital.”

Latest UNCTAD data, p209 shows this:

$trn, 2013 Inward FDI stock Outward FDI stock Net % of GDP
USA 4.9 6.4 1.5 9.0
UK 1.6 1.9 0.3 11.5
EU 8.6 10.6 2.0 10.8

Still no obvious pattern that could suggest a loss of ‘competitiveness’ for highly-taxed European nations.

Having been through these seven possibilities, all of which fell to pieces under cross-examination, he concludes:

“Lack of competitiveness is nowhere to be found in these highly taxed countries. Particularly important is the finding that they are not suffering a haemorrhage of capital or skilled people. Being rich and stable, with superb social services, they are net importers of people”

And, despite all the shrieking and anecdotes about high taxes and regulations driving clever people away, the more recent evidence seems to bear Wolf out, as numerous studies have found. Sure, the Eurozone’s had problems of late, but these things go in cycles, and the US and UK haven’t recently been looking so clever. “How is this possible? How can some countries have much higher tax and regulatory burdens than others and yet show none of the signs of a lack of international competitiveness?.”

Some better measures?

The story doesn’t end there, though. Wolf offers what he sees as more defensible models for ‘competitiveness’.

“The question, then, is whether the notion of competitiveness of countries, under globalization, has any relevance. The answer is that it does, but in very different ways from those popularly supposed. Two legitimate meanings can be identified: changes in the terms of trade – the relation between the prices of exports and imports; and overall economic performance. Neither is what those worried about competitiveness mean.”

So he examines these two meanings.

First, terms of trade.

An improvement in the terms of trade means that a country’s exports are becoming more valuable: in short, the country can buy more imports with the same level of exports. But if an improvement in the terms of trade means imports are becoming relatively cheaper, then people will cry: “we are being flooded with cheap imports! We are becoming uncompetitive!”  Wolf summarises:

“The paradox of the popular debate is that improvements in competitiveness, thus defined, are generally seen as a deterioration instead. The availability of cheaper imports, which improves the terms of trade, is seen as a reduction in competitiveness.”

This is a tricky argument to make, of course: French workers thrown on the dole by cheap Chinese imports won’t be mollified by cheap trinkets for them to put in their kids’ Christmas stockings. But Wolf’s overall point here is not invalidated by that, and it returns us to the fallacy of composition: the performance of the export sector isn’t the same as the performance of the whole economy.

Second, overall economic performance. Here, his point is quite simple.

“Many of those who think of competitiveness mean overall economic performance: productivity, employment and growth. These are perfectly legitimate objectives of policy. There is no question that the level of taxation and regulations, as well as the quality of public services, have an impact on economic performance. But this impact does not come via anything that might be called ‘competitiveness.’ ”

(Remember Krugman’s point about ‘competitiveness’ simply being ‘a funny way of talking about productivity.’) And here the laissez-faire UK currently looks particularly problematic: Britain’s “Open for Business” government, obsessed with winning the “global race” with “competitive” policies, has presided over the weakest productivity record of any government since the Second World War. (The U.S. has a less disappointing, but still lacklustre, record.)

Would it be cheeky of us to point out that, as the FT noted in March, French productivity, in terms of GDP per hour worked, was a whopping 27 percent higher than in the UK? See this chart from that FT story:

UK-France productivity 1

We’ll restrain ourselves, of course, from saying that the French economy is much more competitive than Britain’s – France’s unemployment rate is currently quite a bit higher – but still.

David Ricardo: it’s the trade offs, stupid

Wolf’s discussion of ‘competitiveness’ ranges still further.

He makes an extended foray into David Ricardo’s theory of comparative advantage, a concept that is also clearly relevant for connoisseurs of national ‘competitiveness’. “The notion that countries compete directly with one another, as companies do, is nonsense. It is nonsense because the most important source of both wealth and comparative advantage, namely people, is highly immobile.”

In short, Ricardo said that gains from trade outweigh losses, regardless of whether the trading partner is more or less economically advanced, as each nation shifts its production to where it has a comparative advantage. There are plenty of problems with Ricardo’s battered old theory, of course, but it’s not irrelevant. Let’s bear with Wolf here:

“A country cannot lose its comparative advantage. Its comparative advantage can change. It is even possible that this change is, in some sense, undesirable. But a country has to have a comparative advantage in something.”

All that is needed, he argues, is that the relative prices of different goods and services differ from their relative prices in world trade. These differences, he adds, are greater than they ever were in world history. What is more, the logic of comparative advantage

“would apply even if a given factor of production (such as capital) were perfectly mobile, provided the distribution of some other factors of production (natural resources, social and human capital or knowledge) varied across countries and so generated sources of comparative advantage.”

The big difference between countries, in this respect, comes in the form of social and human capital: well-educated workers, for instance.  And people generally don’t move:

“Not only is the human population anchored; so, notwithstanding all the hyperbole about globalization, is the vast bulk of its capital. People who live in stable, propserous countries believe their investments are safest at home.
. . . .

[financial]

capital, the most mobile of all factors of production, will flee from a jurisdiction so under-taxed that it fails to provide decent and reliable justice.
. . . .
Capital will also be attracted by a jurisdiction with a highly educated labour force or any other complementary asset.
. . .
Because resources, particularly people, are immobile, patterns of comparative advantage are also deeply rooted.”

He could have noted more explicitly, as the Tax Justice Network has done, that genuine productive capital that is embedded in the local economy creating jobs and supply chains – the useful stuff, in other words – isn’t generally tax-sensitive: investors are generally most interested in other factors like education and infrastructure and the rule of law. And if it is tax-sensitive (which a fair amount of capital admittedly is) then by definition it’s flighty, and therefore not embedded, so it’s almost certainly the least useful stuff: profit-shifting and other nonsense. Tax may affect the real stuff, but only at the margin.

To illustrate this better, take the case where industries are most locally rooted: mineral-rich countries, where the resources are physically anchored underground. As OPEC learned in the 1970s, host countries can apply exceedingly high tax rates and strong regulations, and the investors will still come. They have to, because that’s where the oil is. Tax cuts for Big Oil won’t increase ‘competitiveness’ in any meaningful way.

Yet natural resources aren’t a special case either, as Wolf explains.

“It is also true of activities that take advantage of human skill, or cultural assets: German or Swiss engineering is an obvious example.”

Even in finance, one of the most weightless of all sectors, clustering effects can be particularly strong, anchoring activity to big financial centres. And Wolf notes: “It is perfectly possible for countries to have high taxes and regulatory standards, but no loss of international competitiveness.”

“because these foundations are location-specific, they can, within reason, be taxed.”

Even Ireland, supposedly a poster child for ‘competitive’ policies on corporate tax, supports Wolf’s, rather than the ‘competitive’ tax-cutters’ case, as we have shown.

Overall, then much of the analysis here seems to make perfect sense. Countries don’t behave like companies. And showering goodies on one sector of the economy, paid for by other sectors, doesn’t seem like an obvious route towards anything one might sensibly call ‘competitiveness.’

Some quibbles

There is, of course, plenty in this otherwise fascinating chapter that one might disagree with.

Wolf makes a number of statements that he may well have changed his mind about since the crisis, such as “minimum wages normally reduce employment” which doesn’t seem borne out by recent evidence. He also makes an ill-advised brief foray into the hilarious world of Charles Tiebout, and opines that open capital flows may provide useful ‘discipline’ for corrupt governments: something that seems strange in light of the record of élites in poor countries using ever freer global finance to loot their nations and stash their wealth offshore and out of sight.

Wolf also understates the difficulties of taxing companies in the digital economy. This is important, because he conveys a sense that the battle is, if not won, not so hard to win.  Yet even then he avoids the ‘tax competitiveness’ nonsense that has gripped so many nations like the UK. His response to the thorny problem of tax avoidance isn’t to recommend corporate tax cuts but instead to try and tax corporations more effectively — he even advocates something at the cutting edge of tax advocacy these days, called formula apportionment (a component of unitary taxation. (The Tax Justice Network prefers the term ‘tax wars‘ instead of ‘tax competition” and in an email exchange last year with today’s blogger, Wolf said “I don’t object to your rephrasing.”) He also takes a deft and hefty swing (not in this book, but more recently in the FT) at Britain’s ridiculous tax ‘domicile’ rules: it’s an attack that is firmly in line with his ‘competitiveness’ views from 2004. This one is particularly timely as Britain goes to the polls where the domicile rule has been a point of contention.

A last word

In short, this was (and still is) a devastating attack on those who argue in terms of a need for countries to be ‘competitive’. So it is an attack on one of the most politically resonants arguments used in defence of the whole liberalising, tax-cutting project.

But at the end of the day, Wolf didn’t quite say it like this. Instead, he puts it like this:

“Politicians insist they have no choice: globalization makes slashing taxes, cutting spending, reducing regulations and so on inescapable. But this is a dishonest excuse for pursuing the right policies. Worse, it is a dangerous one.”

If has since changed his mind on some of the reasons why he thought the policies were right, then his searing critique of politicians doing these things for the wrong reasons is all the more powerful now.

But we would frame this all a slightly different way.

1. The Competitiveness Agenda is a nonsense: and thus potentially a house of cards.

2. Even so, this nonsense has politicians the world over in its thrall. (Once you know where to look for it, you’ll find the Agenda everywhere, larded into all sorts of rankings and phrases such as “Open for Business” or “a Competitive Tax System,” or “healthy business climate” and other weasel terms.)

3. The solution to false consciousness is to expose it. If it is a house of cards, then it should be possible in the long run to defenestrate it and turn its fevered advocates into laughing stock.

And that is, in short, why we have set up this site.

The basic arguments needed to demolish this cracking edifice are already out there and have been for years, in the works of people like Wolf, Krugman and others. But they are not getting through where it matters.

What we think is needed now to combine expertise with activism: pushing these woolly-minded arguments directly back in the faces of those who wield them, and challenging them in public to stand up and defend the indefensible.

We haven’t yet really got around to the activist phase yet: we’re building up our materials for now. But watch this space.

From Martin Wolf, “Why Globalization Works,”Yale Nota Bene 2005; particularly its chapter “Sad about the State.

Edition 24 of the Tax Justice Network Arabic monthly podcast 24# الجباية ببساطة

Welcome to the twenty-fourth edition of our monthly Arabic podcast/radio show Taxes Simply الجباية ببساطة contributing to tax justice public debate around the world. This latest episode marks two years since we started this podcast. Taxes Simply الجباية ببساطة is produced and presented by Walid Ben Rhouma and Osama Diab of the Egyptian Initiative for Personal Rights, also an investigative journalist. The programme is available for listeners to download and it’s also available for free to any radio stations who’d like to broadcast it or websites who’d like to post it. You can also join the programme on Facebook and on Twitter.

Taxes Simply #24 – Two years of Taxes Simply الجباية ببساطة, plus an interview about the book “Taxes: in whose Interest?”

Welcome to the last edition of Taxes Simply which marks our second year since the programme began in January 2018. In this issue, we interview the Egyptian economics journalist Mohamed Gad about a recently published book in Egypt entitled “Taxes: in whose Interest?”

In the second part of the programme we remind you of all the most important 2019 tax news in the Arab region and the world with a collection of key excerpts from our interviews over the past two years.

الجباية ببساطة #٢٤ – عامان من الجباية ببساطة، وحوار حول كتاب ” الضرائب.. مصلحة من؟”

أهلا بكم في عدد الجباية ببساطة الأخير في سنة ٢٠١٩، والعدد الختامي للسنة الثانية منذ ظهور برنامجنا إلى النور في يناير/كانون الثاني ٢٠١٨. في هذا العدد نبدأ بحوار مع الصحفي الاقتصادي المصري محمد جاد حول كتاب صادر حديثًا في مصر بعنوان “الضرائب.. مصلحة من؟”، والذي شارك جاد في تحريره وكتابته. أما الجزء الثاني فيشهد ملخص لأهم أخبار الضرائب في المنطقة والعالم على مدار عام ٢٠١٩، بالإضافة إلى مجموعة من المقتطفات من حوارات الجباية ببساطة على مدار العامين السابقين

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

Tax Justice December 2019 Portuguese podcast #8: A maldição da financeirização

Welcome to our eighth monthly tax justice podcast/radio show in Portuguese. Bem vindas e bem vindos ao É da sua conta, nosso podcast em português, o podcast mensal da Tax Justice Network, Rede de Justiça Fiscal.

É da sua conta é o podcast mensal em português da Tax Justice Network, com produção de Daniela Stefano, Grazielle David e Luciano Máximo e coordenação de Naomi Fowler. O download do programa é gratuito e a reprodução é livre para rádios.

A maldição da financeirização, #8:

A financeirização da economia é um fenômeno caracterizado pelo aumento do setor financeiro em relação a todos os outros setores econômicos. 

O capital financeiro está mudando o jeito de “fazer dinheiro” para investidores, acionistas, especuladores. Esse capital sai de uma posição de credor das empresas para a de proprietário, criando processos que permitem que possam tirar lucro para si, não importa se isso prejudique  a economia dos países, altere o setor produtivo e o funcionamento das empresas e até resulte em aumento de preço de serviços públicos essenciais e redução de direitos.

É o que o nosso colunista, o jornalista da Tax Justice Network, Nick Shaxson, chama de “a maldição das finanças”

No É da sua conta #8 você ouve…

Participantes desta edição:

Luiz Gonzaga BelluzzoUnicamp

Nick ShaxsonTax Justice Network

Graciela Rodriguez – Instituto Equit

Lucas Bressan – UFRJ

Beatriz Rufino – FAU-USP

Diogo Maia – economista ambientalDebora Nunes – podcast Outra Economia

Links para assuntos citados no podcast

Caso de Moçambique:

https://www.dw.com/pt-002/mo%C3%A7ambique-mant%C3%AAm-se-as-irregularidades-no-reassentamento-em-palma/a-42989995

Artigo de Nick Shaxon: 

https://www.undp.org/content/undp/en/home/news-centre/news/2019/To_answer_global_protests_tackle_new_inequalities_2019_Human_Development_Report.html

Estudo de Beatriz Rufino:

http://www.fau.usp.br/arquivos/disciplinas/au/aup0278/2015/aula%20beatriz%20rufino/Produ%C3%A7%C3%A3o%20Imobili%C3%A1ria_278_FINAL_2015.pdf

Estudo de Lucas Bressan:

https://sep.org.br/anais/2019/Sessoes-Ordinarias/Sessao4.Mesas31_40/Mesa37/372.pdf

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É da sua conta (www.edasuaconta.com) é o podcast mensal em português da Tax Justice Network (https://taxjustice.net/), com produção de Daniela Stefano (https://twitter.com/batateira), Grazielle David (https://twitter.com/GrazielleDavid) e Luciano Máximo (https://twitter.com/lucianomaximo) e coordenação de Naomi Fowler (https://twitter.com/Naomi_Fowler).O download do programa é gratuito e a reprodução é livre para rádios.

Getting the short end of the stick again and again

Guest blog author: Cassandra Vet, Teaching Assistant and PhD Candidate, Global Governance and Inclusive Development, Institute of Development Policy, University of Antwerp

Now the reform to curb corporate tax avoidance gets up to speed with the outdated principles of corporate taxation, it seems that developing countries are left with a disproportionately small share of these recaptured taxes. Previously, Martin Hearson warned tax avoidance scholars about the uneven distribution of benefits of institutionalized tax avoidance solutions.[1] Unequal power relations between capital-importing and capital-exporting countries shaped international tax institutions in the past and will do so in the present. And indeed, while the global project on Base Erosion and Profit Shifting (BEPS) publishes some of its most comprehensive work to change the tax regime, tax justice advocates point out that developing countries only benefit marginally from these fixes.[2]

Policy reforms are an inevitable tug-of-war between interests, settled within uneven power relations. One of these uneven power resources are the ideas and paradigms policymakers use to give meaning to their actions. For instance, market-based norms guided the reform of how corporations and revenue authorities should calculate the amount of profit transnational corporations make within a specific country. As a result, these policymakers copied uneven power in the world economy to the international tax regime.[3]

Let me clarify, transfer pricing is the technique used by corporations to separate their global activities in different tax jurisdictions. Transfer pricing literally divides international corporate wealth into national tax baskets by pricing crossborder interactions within a transnational corporations. And while tax advisors prefer to maintain their discretion in coming up with these prices, states also struggle amongst themselves over the governance of these prices as each state has an interest to book as much profits as possible within their tax jurisdiction.[4]

The OECD transfer pricing guidelines are the norms that describe how to decide on an appropriate method to calculate a transfer price. In general, these norms follow the arm’s length principle that introduces market prices as a benchmark to price non-market interactions between related parties. This approach kept residual profits outside of tax administrations’ reach.[5] So, when the G20 endorsed the OECD to fix the loopholes in the tax regime, an update of the transfer pricing guidelines was inevitable.

One of these reforms is the extended use of the transactional profit split method. In contrast to most methods, the transactional profit split method does account for residual profits. Therefore, this reform held two distributive conflicts, one between private and public authority over the recognition of residual profits, and another over the division of these residual profits along the global value chain.

The public-private struggle was settled in favor of public authority. Private authority argued that as non-related parties rarely use this method to set a price on their transaction, neither should affiliated parties within a transnational corporations.[6] Otherwise, this would not be at arm’s length. Nonetheless, the policy-makers explicitly rejected this discourse and loosened the analogy between intra-group planning and market relations.[7]

Yet, this analogy remained in place when private and public authority decided on the value chain contributions that share in the residual profits. They agreed that the division is “economically valid” when it resembles the division of synergy profits within non-integrated value chains.[8] The application of the transactional profit split method is then appropriate among parties that carry risks, make strategic decisions and unique, valuable contributions. They located the residual profits at the company’s headquarters and higher value chain functions, but not at the manufacturing hubs or mining sites – the branches that make simple, and routine value chain contributions.  

Under this logic, developing countries only receive a marginal share of the residual profits. The stakeholders legitimised this division in comparison with price-setting logics in the real world economy. Namely, the marginal share resembles the amount of synergy profits that lead firms share with non-related manufacturing hubs or mining sites in developing countries. But is this legitimate? And what does this say about the underlying theory of value creation?

Dominant discourses feel natural, structure our thoughts and remain implicit along with the power relations they support. The dominant discourse of value creation within BEPS circles frames value creation as price determined money flows.[9] An alternative is a horizontal theory of value creation that starts from the “raw materials to the point of consumption, with ‘value added’ arising at each node along the chain”.[10] However, all participants neglected this interpretation despite its potential to support a more equitable distribution of the global tax base.

Instead, the discussions supported the view of value creation as global patterns of extracting surplus value through chains of capital ownership. Thus, the discourse of market comparability, or the arm’s length doctrine, supports a division of transnational corporations’ profits over different tax jurisdictions that reflect the uneven market power within the world economy. The inappropriateness of sharing residual profits with those making simple and routine contributions should then be read in relation to the limited bargaining power of such branches in the world economy. But is it legitimate to share a transnational corporation’s tax base unevenly between countries just because the market place also does so?  Questions on the distribution of wealth, or recaptured wealth, in international taxation deserve a political debate. But as long as the underlying theory of value creation remains hidden and uncontested, chances are developing countries will keep getting the short end of the stick.

Download the original working paper here.

The Tax Justice Network recently held a virtual conference bringing together experts from around the world and speakers from the OECD, G24, IMF, World Bank and ICRICT to share analyses of current proposals on reforming the international tax system. You can re-watch the conference and view all slides and shared papers here.



[1] M. Hearson, ‘The Challenges for Developing Countries in International Tax Justice’, Journal of Development Studies, vol. 54, no. 10, 54(10), 2018, p. 1936.

[2] V. Grondona, ‘The Dangers if the Residual Profit Split’, Tax Justice Network [weblog], 3 October 2019, https://taxjustice.net/2019/10/03/the-dangers-of-the-residual-profit-split, (accessed 4 October 2019). A., Cobham, T. Faccio, and V. FitzGerals, ‘Global Inequalities in Taxing Rights: An Early Evaluation of the OECD Tax Reform Proposals’, SoCarXiv, 2019, https://osf.io/preprints/socarxiv/j3p48/, (accessed 7 November 2019). T. Ryding, ‘Eurodad response to OECD consultation on international tax rules’, EURODAD [Weblog], 14 November 2019, https://eurodad.org/Entries/view/1547102/2019/11/14/Eurodad-response-to-OECD-consultation-on-international-tax-rules, (accessed 19 November 2019).

[3] C. Quentin and L. Campling, ‘Global inequality chains: integrating mechanisms of value distribution into analyses of global production’, Global Networks-A Journal of Transnational Affairs, vol. 18, 2018, p. 51.

[4] L. Lips, ‘Great powers in global tax governance: a comparison of the US role in the CRS and BEPS’, Globalizations, vol. 16, no. 1, 2019, 16(1), p. 106.

[5] M. Ylonen and T. Teivainen, ‘Politics of Intra-firm Trade: Corporate Price Planning and the Double Role of the Arm’s Length Principle’, New Political Economy, vol. 23, no. 4, 2018, p. 442-446.

[6] OECD, ‘Public Consultation: Revised Guidance on Profit Splits – First Session ‘, Working Party 6, 10 October 2016, https://oecdtv.webtv-solution.com/3200/or/WP6-Public-consultation-Revised-Guidance-on-Profit-Splits.html (accessed 5 August 2019). OECD, ‘Public Consultation: Revised Guidance on Profit Splits – Second Session ‘, Working Party 6, 10 October 2016, https://oecdtv.webtv-solution.com/3202/or/WP6-Public-consultation-Revised-Guidance-on-Profit-Splits.html (accessed 5 August 2019). OECD, ‘Public Consultation: Revised Guidance on Profit Splits – First Session ‘, Working Party 6, 6 November 2017, https://oecdtv.webtv-solution.com/4264/or/public_consultation_revised_guidance_on_profit_splits.html (accessed 5 August 2019). OECD, ‘Public Consultation: Revised Guidance on Profit Splits – Second Session ‘, Working Party 6, 6 November 2017, https://oecdtv.webtv-solution.com/4265/or/Public-Consultation-Revised-Guidance-on-Profit-Splits.html (accessed 5 August 2019).

[7] OECD, ‘Revised Guidance on the Application of the Transactional Profit Split Method: Inclusive Framework on BEPS: Action 10’, OECD, www.oecd.org/tax/beps/revised-guidance-on-the-application-of-the-transactional-profit-split-method-beps-action-10.pdf (accessed 5 August 2019).

[8] OECD, ‘Public Consultation’, 2016, 2017.

[9] Quentin and Campling, ‘Global inequality chains’, p. 50-51.

[10] Quentin and Campling, ‘Global inequality chains’, p. 47.

The financialisation of child and elderly care: the Tax Justice Network December 2019 podcast

This month we ask – what’s going on with our pre-school childcare and elderly care home services? We take a long hard look at the financialisation of our services and what we can do about it.

Plus: the Conservative party in the UK has won a major victory in the general elections. With major challenges for tax justice, what are the next steps for trade deal negotiations? Will Britain now become a fully fledged Singapore-on-Thames?

It’s not good for essentially public infrastructure…to have public infrastructure at the whims of companies that we can’t even contact is extremely precarious and unsustainable… that’s why there’s a strong case to be made for politicians and people of all political persuasions to be interested in the sustainability of this industry. Because it needs to be fair and it needs to be sustainable because of the people involved, the people who will be affected.”

~ Vivek Kotecha, Centre for Health and the Public Interest, author of Plugging the leaks in the UK care home industry – Strategies for resolving the financial crisis in the residential and nursing home sector

The European Union is a colossal export for the City of London and one which the large banks and the major law firms do not want to be locked out from… all sorts of pundits have been flagging up growth opportunities in far East Asia, but with Hong Kong and Singapore already well established as offshore financial centres and the Chinese are now talking about expanding offshore financial services through Macau, the growth opportunities in Southeast Asia are unlikely to compensate in any way for the market share losses which arise from a hard Brexit from Europe.”

~ John Christensen, Tax Justice Network

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Further reading:

Making our conference virtual saved a year’s worth of 60 households’ energy emissions

Last week, the Tax Justice Network held its first virtual conference, bringing together over 150 people from around the world, from Portland to Sydney. Offices, living rooms and libraries on different continents were connected into one virtual space where speakers from the OECD, G24, IMF, World Bank and ICRICT discussed leading proposals to reform the international tax system.

Immediately after the conference, we published a blog on why the virtual conference came at a critical point for the OECD’s reform process and how it helped highlight an unexpectedly strong, international consensus. The discussions generated media coverage and the enthusiasm from the speakers and participants made the conference a success. But there’s a second success story that emerged behind the curtains of the conference and it has to do with the Tax Justice Network’s own reform process for how we run conferences.

Three challenges to hosting an internationally-focused conference

The Tax Justice Network held its first annual conference in London over a decade ago, which has since grown into a multi-day event bringing in hundreds of people from around the world every year. Aiming to strike a balance between making our internationally-focused conference globally accessible and keeping the conference feasible to organise and run for our small team, we alternate the location of our conference from year to year, holding the conference in London every other year and in another country, usually in the global south, in the years in between.

There are three challenges that come up when hosting an international conference. First, inviting speakers and delegates from around the world produces a large carbon footprint, especially when traveling by road or train as an alternative to flying is not an option. Second, while alternating the location of the conference helps make the conference much more accessible, the conference can remain inaccessible for many people due to the cost of travel, visa restrictions and other factors. Lastly, as conference organisers, we have a responsibility to provide an inclusive format for participating in talks and sessions at the conference. Hosting a virtual conference gave us an opportunity to address these challenges in a new way.

Reduced carbon footprint

Addressing the first challenge – reducing our conference’s carbon footprint – is the most obvious benefit of hosting a virtual conference. Nobody had to take a flight to participate in our conference. But just how much carbon did we save by meeting online instead of in person? Assuming the conference would have been held in London and all participants outside of the UK travelled by plane, our participants would have taken an estimated 114 flights to London, producing a carbon-footprint of 154 tonnes. According to the Environmental Protection Agency in the US, that’s the equivalent to the carbon footprint produced over a full year by the energy consumption (electric and fuel) of over 60 US homes. Then factor in local transportation emissions, the electricity consumption and air conditioning needed to host at a large venue for two days, food waste and all the hotel towels and bedsheets that will get washed after a single use. The numbers begin to add up. Not only did nobody have to fly to participate in our conference, but most participants most likely did not have to spend any significant extra electricity or fuel on heating or air conditioning at home or the office to attend, they likely did not make themselves three different meals for lunch to accommodate various dietary requirements and, as exciting as the conference was, they probably did not have to change their bedsheets just because our conference came to town.

Increased global access

Of course, the carbon footprint saved in our thought experiment above is overstated because had participants had to fly, the conference would have likely had fewer participants from more distant locations. And that exactly is the point. Ultimately, lack of access to in-person, internationally-focused conferences tends to disproportionately be experienced by would-be speakers and would-be delegates from the global south. The Tax Justice Network does aim to assist speakers and delegates from the global south with accessing our annual conference through reduced ticket prices, support with travel costs and visa advice where possible, but this is not a perfect solution. Hosting a conference virtually eliminates many travel-related obstacles to participating in a conference.

Participants to our virtual conference last week joined from 38 different countries. The wide reach of the conference meant that some participants on the east coast of Australia stayed up late to 2:30am local time to join in, while those on the west coast of the US got up early to join in at 7:30am local time. Here’s a map of where conference participants were based.

Map of virtual conference participants' locations

Virtual conferences do, however, raise different obstacles to access, which may still be disproportionally experienced by participants from the global south, such as availability of affordable, fast and reliable internet access. Going forward, we’ll be exploring solutions to the unique challenges raised by hosting virtual conferences. We may find that assisting with broadband costs may be more feasible than assisting with travel costs, which in turn means we can support more people to participate.

More inclusive participation

Aside from the challenges of helping people get to our conference and reducing the impact on the planet in the process, there remains the challenge of making sure everybody has the opportunity to participate constructively, be heard and respected in talks and sessions. At our 2019 annual conference, we introduced the use of Slido at the conference which delegates could use to ask and upvote questions to speakers. The tool had a number of benefits such as eliminating the fear and pressure of public speaking, especially in a room full of experts, that can keep delegates from raising questions. Raising questions through the app helps, to some extent, reduce unconscious biases towards gender and race. It helps organise questions and democratise the process of selecting questions to raise to speakers. Plus, it has the added benefit of making sure the questions raised are actually questions, and not so much more-of-a-comment type questions.

While we did not use Slido during our virtual conference, the Crowdcast platform we used to host the conference online provided similar question-asking and voting features to participants. Not only did this mean we can enjoy the benefits of a question raising tool, but the online nature and format of the virtual conference made the practice of using the online tool feel like a more natural way of communicating, helping reduce the friction that delegates may have experienced in getting set up on the Slido app at our annual conference.

All in all, we were very happy with the performance and outcome of our first virtual conference. This was very much a learning process for our team and we’ll continue to experiment with different ways of improving both our virtual and in-person conferences. As one participant put it, physical conferences like our annual conference still have a place and an important role to play. Building our offering of virtual conferences in the future can help take the debate even further.

Depending on how the OECD reform process develops, we might likely host a follow-up conference on the issue. In the meantime, you can view all the slides, shared papers and replay videos from last week’s conference here.

Austrian parliament seizes opportunity for public country-by-country reporting

Just two weeks ago, a resolution on country-by-country reporting at the EU Competitiveness Council missed the qualified majority needed by just one vote. Among those who voted against the resolution was Austria’s Minister of Economic Affairs, Elisabeth Udolf-Strobl. But only a few days later the Austrian Parliament committed to ending its long-standing opposition and promised “to prevent further delay” in moving proposals forward in the EU.

The move was made possible by the fact that Austria’s interim government does not have a stable majority in Parliament.  After the so-called Ibiza affair scandal hit the right-wing Freedom Party, and instability subsequently engulfed the conservative government, there is now a free play of competing forces in parliament with the Peoples Party and Greens scrambling to form a new government. The Social Democrats have taken advantage of this to advance public country-by-country reporting by using the votes of the Greens and the Freedom Party to push through a motion obliging the current and future governments to vote for tax transparency at the European level. This should clear the way for final negotiations between governments, the European Commission and the EU Parliament.

The resolution comes after a vigorous and sustained advocacy campaign by Attac, the Vienna Institute for International Dialogue and Cooperation, KOO and others. It marks a sea change from the pattern of recent years, which saw civil society demands consistently rejected by finance ministers from the People’s Party in favour of corporate interests.

Meaningful European leadership on the issue of public country-by-country reporting has the potential to deliver a dramatic blow to the current environment of secrecy and abuse in the tax practices of multinational corporations. Effective and transparent country-by-country reporting would oblige companies to publish how much profit they declare in each country and how much tax they pay on it. It is well-documented that such public reporting is essential to curbing tax avoidance by multinational corporations, which is in turn critical to stem the hemorrhage of revenue from developing countries.

The triumph in Austria is just the latest development in the battle for full and meaningful public country-by-country reporting, which has been running for some time. The EU Commission presented a proposal on the issue back in 2016, but this is limited to corporations’ subsidiaries in EU states and to blacklisted ‘tax havens’. It also excludes a number of important accounting elements from country-by-country reporting reports, such as sales and purchases, asset values, stated capital, public subsidies, and the full listing of subsidiaries.

Following scrutiny of the Commission proposal, the European Council delivered a legal opinion calling for a change in its legal basis that would make it a tax file rather than an accounting file. This would in turn diminish the participation of the European Parliament, which is in favour of more rigorous standards, to a consulting role only. While the Legal Affairs Committee of the European Parliament has argued for keeping the current legal basis, the Parliament has since weakened its position by introducing a loophole which would allow corporations to keep information secret if they believe it to be ‘commercially sensitive’. It has stuck to its guns in demanding that multinationals report on their activities in all countries, however.

While the legal wrangling between the European Commission and the more democratic Parliament is sure to continue, this victory in the Austrian Parliament should translate into an important shift in the balance of powers at those negotiations in the months ahead. Public country-by-country reporting, at the EU level at least, is now within our grasp.

Global taxing rights: ‘The genie is out of the bottle’

The OECD process to reform the international tax rules for multinationals is at a critical point. The secretariat’s proposals have drawn widespread criticism, not least for sidelining the perspectives of non-OECD countries; and the US has blown up the agreement with France that underpinned the secretariat’s approach, threatening instead to impose trade sanctions. But the dramatic policy shift to taxing multinationals on their global profits, rather than treating each subsidiary separately, now seems to be entrenched. The question is, where will things go from here?

Yesterday the Tax Justice Network held a virtual conference, ‘Where next for global taxing rights? Technical and political analyses of the OECD tax reform’. The keynote speeches, presentations and discussions focused on assessments of the revenue redistribution between countries that various proposals could generate, and on the political prospects for the process as a whole. We were delighted to have high-level contributions from key international organisations, including the OECD secretariat. And while the debate was sharp, the degree of consensus was unexpectedly strong.

Four points of broad consensus

First, there was clear consensus that the global distribution of taxing rights is unjust, and deeply so. Far too much profit ends up in low- or no-tax jurisdictions rather than where the real economic activity takes place, and the revenue implications of this are very substantial.

Second, it was also clear that we do not yet have a combination of data and methodology to generate comprehensive results on the redistribution of taxing rights that different proposals would lead to. The quality and confidentiality of OECD country-by-country reporting data are major obstacles.

The 2020 review of the OECD country-by-country reporting standard provides a very well-timed opportunity to sort out the technical basis – and the just-published GRI standard provides a technically robust alternative, to which the OECD standard should converge. The potential EU decision to make their OECD standard data public would overcome the issue of secrecy of this data. While the conference was in session, we heard the news that the Austrian parliament has now backed publication, which could shift the decisive vote among member states (many congratulations to Attac Austria, VIDC and KOO!).

The third point of consensus was that the Inclusive Framework has definitely been a real step forward; but that the distribution of political rights over international tax reform is perhaps even more unjust than the distribution of taxing rights. It remains an open question whether the OECD process can evolve to give non-members a genuinely ‘equal say’. If not, an explosion of unilateral measures seems likely; unless a consensus were to emerge on a UN forum…

Finally, the last panel came to a very clear conclusion, starting with the World Bank and IMF speakers, and confirmed by the OECD’s Ben Dickinson: there is ‘no turning back’ on either the shift to a unitary approach, or on the political imperative of addressing global taxing rights. ‘The genie is’, well and truly, ‘out of the bottle.’

International tax rules: ‘a colonial pattern, refined for the 21st century’

Prof Jayati Ghosh of Jawaharlal Nehru University, and the Independent Commission for the Reform of International Corporate Taxation (ICRICT), gave the opening keynote speech. In it, she laid out the key injustices of the current tax rules as they form part of our current, imbalanced globalisation – ‘a colonial pattern, refined for the 21st century’; and then detailed the technical and political flaws in the current proposals and process. In particular, Prof Ghosh highlighted the arbitrary and illogical nature of imposing a distinction between residual and routine profit; the value of treating all global profits equally, apportioning them between countries according to the location of multinationals’ real economic activity; and the importance of including employment and not (only) sales as a measure of that activity.

The second keynote was delivered by Dr Marilou Uy, director of the secretariat of the Intergovernmental Group of Twenty-Four. Dr Uy presented the G24’s view of the OECD process. On the one hand, she highlighted the value of the opportunity to contribute more fully than had previously been allowed. But on the other hand, Dr Uy identified a series of obstacles in the process. These include the short timeline of the process, making it difficult to bring together the resources to provide a full response reflecting member countries’ concerns and wishes; and the damaging lack of information available to assess the options. Dr Uy closed with a quote from the IMF in respect of the process for setting international tax rules – namely, that ‘ an approach more universal in its full inclusion of countries and its coverage of fundamental policy issues is needed’ (p.46).

Data, methods and transparency

The first panel featured six speakers, offering a combination of technical insights on the reform proposals, and perspectives on the technical aspects of the process. David Bradbury, who leads the OECD team charged with carrying out the economic assessment of the proposals, laid out the broad strokes of their findings so far – namely, small but positive revenue redistribution from the secretariat’s pillar one proposals, with larger but uncertain wins possible from the less well-defined pillar two proposals. Mr Bradbury also highlighted the difficulties of data, and the weaknesses of the reporting provided by multinationals under the OECD’s country-by-country reporting standard. The secretariat has provided each Inclusive Framework country separately, and confidentially, with the basis for estimates of the revenue impact of the secretariat proposal.

Ruud de Mooij of the IMF’s Fiscal Affairs Department presented a summary of key findings, highlighting as Jayati Ghosh had done, two key points: the much larger redistribution associated with a full unitary approach (compared to the residual profit approach); and the importance, for lower-income countries above all, of including employment in any formula.

Prof Valpy FitzGerald of Oxford University and ICRICT presented the findings of a paper co-authored by Tommaso Faccio and me. Using aggregate OECD country-by-country reporting for US multinationals (the only such data currently public), the paper confirms the much greater revenue redistribution away from corporate tax havens that would be delivered by a full unitary approach (e.g. the G24 proposal, as compared to the OECD secretariat’s proposal). The paper also confirms the importance of employment as a factor, for all country groups except the US (although that pattern might well be different for non-US multinationals).

Prof Kim Clausing of Reed College provided an overview of critiques of the available data, and from forthcoming work a rigorous assessment of the value of profits shifted by US multinationals, drawing on different data sources and subject to varying assumptions.

Abdul Muheet Chowdhary of the South Centre drew on the South Centre’s own conference from earlier in the week. He was particularly critical of the lack of detail, either of methodology or actual findings, of the OECD’s economic assessment. Questions from the floor also raised the question of why governments had been told they could not share the OECD’s assessment for their country alone, with media or civil society.

Finally, Lauri Finer, a special adviser in the Finnish ministry of finance, provided a view from an individual high-income country. Finland has not yet developed its own estimates of overall revenue impacts, but from some estimates for individual countries they are expecting very small changes indeed: perhaps 0.1% of tax revenue, or 1% of corporate tax revenues, and uncertainty over even whether this would ultimately be a gain or a loss.

Politics and process: ‘We don’t want to lose the opportunity’

The second panel focused on more political aspects. Stephanie Soong Johnston of Tax Notes facilitated a discussion featuring Marilou Uy and also Ben Dickinson, the OECD’s Head of Global Relations and Development; Marijn Verhoeven, head of the World Bank’s global tax team; Vicki Perry, Assistant Director of the IMF’s Fiscal Affairs Department; and Prof Sol Picciotto, coordinator of the BEPS Monitoring Group, emeritus professor at Lancaster University, and one of the Tax Justice Network’s senior advisers.

Ben Dickinson identified three ‘quite radical departures from the past’. First, that multinationals will be treated as single entities, and so global profits will be assessed. Secondly, a formula will be applied to divide up that profit globally; and third, the idea of a fixed return for routine distribution functions. He closed with the view that ‘we are on track, heading for what we hope is the beginning of a political agreement in early 2020.’

Marijn Verhoeven argued that the level of detail available early next year may be key in determining the extent to which individual countries are able to apply what is agreed. Expecting that little detail would in fact be available, he speculated on a possible role for the Platform for Collaboration on Tax. Particular issues need to be addressed for lower-income countries to benefit, such as their right to require direct access to country-by-country reporting from multinationals. An important, open question is whether any agreement will be sufficient to see countries pull back from unilateral measures such as digital services taxes.

Vicki Perry noted the extent of agreement on (some) formulary apportionment under pillar one, and (some) minimum tax arrangements under pillar two; but highlighted just how much distance there is from those generalities to meaningful agreement on the hard specifics. The absence of solid, quantitative analysis on the revenue impacts, including for lower-income countries, is a major issue. At the same time, minimum tax arrangements – especially for inbound foreign direct investment – are key, but may be under pressure in the potential agreement. At a broad level, there are clear political risks to the process; but the potential gains are great, and it is heartening that there is a forum now for lower-income countries to engage in. Impact on the latter must remain the focus.

Sol Picciotto began his remarks by noting that ‘finally, we are now having the right conversation’. With country-by-country reporting data, we are able to begin a proper discussion of unitary taxation and formulary apportionment. The issues under discussion would potentially require coordinated revision of all tax treaties around the world, which may simply not be realistic; but in fact those treaties have been misapplied, in respect of transfer pricing approaches, and so the applicability of formulaic approaches without treaty revision can be reconsidered.

In the subsequent discussion, Ben Dickinson revealed that the Inclusive Framework Steering Group was at that moment in discussions, trying to understand the US position, which breaks sharply with both the overall work programme and the secretariat’s own unified proposal – and that the US had been clear that it is not withdrawing from negotiations.

Marilou Uy highlighted the need to make sure that the opportunity for change is not lost, and Vicki Perry confirmed this: ‘We don’t want to lose the opportunity to make some important changes that would bring the tax system more into line with reality than the one that was developed a hundred years ago.’ Sol Picciotto saw the US position as not unreasonable, however, because the secretariat’s proposal is not workable – and so a broader, principle-based approach is needed.

Overall consensus broke out again, with agreement that the major shifts in play are not now irreversible. The policy debate is now on formulaic approaches to multinationals’ global profits; and to be analysed in terms of the distribution of taxing rights between countries. Panellists agreed effusively that ‘there is no going back’, now that ‘the genie is out of the bottle’.

Thanks…

We’re enormously grateful to all the speakers and participants who made the conference such a success, and to the team here who ensured the entire thing ran smoothly. We’ll be blogging next week with a review of the exercise, including a round-up of media coverage and a rough calculation of the climate benefits of the virtual approach, and how we may use it in future.

In the meantime, you can find all the slides and video on the conference home page, which we’ll continue to update with links to relevant new research on the economic assessment of the reforms. And perhaps news of a follow-up conference…

The Tax Justice Network’s December 2019 Spanish language podcast: Justicia ImPositiva, nuestro podcast, diciembre 2019

Welcome to this month’s latest podcast and radio programme in Spanish 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 radiofónica!

En este programa:

INVITADOS:

MÁS INFORMACIÓN:

Enlace de descarga para las emisoras: http://traffic.libsyn.com/j-impositiva/JI_dic_19.mp3

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También tenemos ‘extra’ este mes: queremos compartir este video sobre las guaridas fiscales, una colaboración entre Justicia ImPositiva y Pagina 12 basado en nuestro mini-serie ‘la breve historia de los paraísos fiscales:’

VIDEO: The “Race to the Bottom” and how it makes us all poorer

As we enter the final week of Britain’s 2019 general election, tax justice has become a top election battleground subject. Tax justice is, as we’ve always said, a vote winner, and it’s continuing to climb up the political agenda. We’ve made a video with Reel News looking at the economically and socially damaging race to the bottom between nations on tax and regulations, something which will be highly significant in a post-Brexit scenario, if it happens. We’re sharing that video with you here with some ideas on how governments everywhere should be governing in the public interest.

Will the OECD tax reforms collapse? Three scenarios

The OECD’s process for reform of international tax rules has just been torpedoed by the United States. As the US announced 100% tariffs on a range of goods, in response to the French digital services tax, finance minister Bruno Le Maire said on Monday that, “having demanded an international solution from the OECD, it [Washington] now isn’t sure it wants one”. Here we explore three scenarios that could emerge.

Where do things stand?

What’s the current position of the ‘BEPS 2.0’ process, after this extraordinary development? In brief, it’s pretty bad.

The OECD secretariat appeared to have gambled the success of the process, and much of its own credibility, on pushing through a deal based on a US-French agreement. The idea was that an international solution would obviate the need for the French digital services tax (DST), and therefore also avoid any US countermeasures. Now the US has announced those countermeasures anyway, and apparently signalled its intent to quit the international process.

As the Tax Justice Network and a good many others wrote in our submission to the OECD consultation on pillar one of the reforms, the ‘unified’ proposal being pushed by the OECD secretariat involved riding roughshod over the work programme agreed by the Inclusive Framework group of 134 countries, despite the claims that G24 and other countries would be given an ‘equal say’, in order to deliver a very limited reform with revenue benefits concentrated in the hands of a few OECD member countries.

Three scenarios

Two weeks ago, we reviewed the submissions to the OECD consultation and laid out three scenarios:

  1. Limited reform. In this scenario, intended to meet US demands, the secretariat would deliver a reform that would redistribute little profit from tax havens, with some revenue benefit for major OECD countries and little for anyone else.
  2. Process collapses due to lack of trust. In this scenario, the refusal to allow G24 countries or others the ‘equal say’ promised to the Inclusive Framework would be met by a rejection of the secretariat, and ultimately a collapse of the process.
  3. Reset. Here, the threat of collapse would see the secretariat forced to make concessions to the Inclusive Framework. This would necessarily include a longer timeline, recognising that 2020 is simply too short for such a major overhaul of the rules, and an agreement to evaluate fully the three proposals that the Inclusive Framework had agreed to consider, including that of the G24.

These remain relevant today – but the likelihood of each has changed.

Attaching probabilities…

With the US moving to sanction France, and Bruno Le Maire indicating that US withdrawal is likely, option 1 seems increasingly improbable. Even if it is a Trump negotiating ploy, to get a ‘better’ (even more limited?) reform for US multinationals, the chances of success are poor. Nonetheless, the imbalance of power means that it remains possible that some, very weak deal will be signed off in 2020.

With the OECD secretariat’s ‘unified’ proposal having proved so divisive, option 2 (the collapse of the process) seems more likely now. Placating the US will likely lead to an even less appealing outcome for Inclusive Framework members, whose faith in the process is already stretched. But the threat of confrontation with, ultimately, the US under its current volatile leadership, may prevent outright rejection of the process.

Option 3 may provide the secretariat with a path forward: to reset the process, and seek to bring the Inclusive Framework members back into the fold. While the US seems likely to take a hostile position, even assuming that it remains within the process, the advantage for the OECD secretariat is that a longer timeline extends the process beyond the next US presidential election.

In addition, a reset of the process could allow the OECD secretariat a chance to restore trust of Inclusive Framework members, and a genuinely more realistic schedule to do the homework on analysing probable revenue redistributions for the major reforms in prospect.

But it also faces real issues: the US may simply not accept the goalposts moving, and might impose harsh sanctions on individual countries, and/or withdraw financial support for the OECD. Other OECD members, too, may be unwilling to give a genuine voice to Inclusive Framework members.

Even if the secretariat has the space to try, it may not prove possible to regain the trust of G24 countries and others in the Inclusive Framework. It will take bravery for the secretariat even to try. But the other options look unlikely, or unpalatable.

Overall, the prospects of an eventual shift to a UN forum, and away from the OECD, have become more likely this week. This could happen more quickly, following a collapse of the BEPS 2.0 process, or more slowly as an attempt to deliver limited reforms drags on into 2020. Or perhaps there is another twist in the tail, from this unpredictable and often illogical US administration…

To explore the technical and political questions at this pivotal moment for the reform of international tax rules, we are bringing together speakers from the OECD secretariat, the G24, IMF, World Bank, South Centre, BEPS Monitoring Group and other leading experts at our virtual conference on 11 December.

You can sign up by clicking the button below, and join the pre-discussions immediately on our private Slack channel.

Edition 23 of the Tax Justice Network Arabic monthly podcast 23# الجباية ببساطة

Welcome to the twenty-third edition of our monthly Arabic podcast/radio show Taxes Simply الجباية ببساطة contributing to tax justice public debate around the world. (In Arabic below) Taxes Simply الجباية ببساطة is produced and presented by Walid Ben Rhouma and Osama Diab of the Egyptian Initiative for Personal Rights, also an investigative journalist. The programme is available for listeners to download and it’s also available for free to any radio stations who’d like to broadcast it or websites who’d like to post it. You can also join the programme on Facebook and on Twitter.

In Taxes Simply #23 – Understanding the Iraqi crisis:

We interview business consultant Hassanein Mohieddin about the underlying economic causes of the ongoing uprising in Iraq.

Plus: the most important tax news from the region and around the world:

الجباية ببساطة ٢٣ -كيف يمكن للعراق الخروج من المأزق؟

أهلا وسهلا بكم في العدد الثالث والعشرين من الجباية ببساطة حيث نبدأ الحلقة بحوار مع الاستشاري في قطاع الأعمال حسنين محي الدين حول الدوافع الاقتصادية للانتفاضة المستمرة في العراق، وننهي الحلقة في الجزء الثاني بملخص لأهم أخبار الضرائب في المنطقة وحول العالم وتشمل أخبارنا المتفرقة: ١) مصر تبدأ إجراءات فرض ضريبة على مبيعات منصات التواصل الاجتماعي؛ ٢) معركة ضريبية بين فيديكس ونيويورك تايمز؛ ٣) الباحث الاقتصادي طوما بيكيتي يقول أن المليارديرات يضرون بالنمو الاقتصادي.

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

Edition 10 of the Tax Justice Network’s Francophone podcast/radio show: édition #10 de radio/podcast Francophone par Tax Justice Network

We’re pleased to share the tenth edition of the Tax Justice Network’s monthly podcast/radio show for francophone Africa by finance journalist Idriss Linge in Cameroon. The podcast is called Impôts et Justice Sociale, ‘tax and social justice.’

Nous sommes heureux de partager avec vous cette dixième  émission radio/podcast du Réseau Tax Justice, Tax Justice Network produite en Afrique francophone par le journaliste financier Idriss Linge basé au Cameroun. Le podcast s’appelle Impôts et Justice Sociale.

Dans cette neuvième édition nous revenons sur le premier pilier des propositions de l’OCDE en vue d’une taxation unitaire des multinationales au niveau mondial

Nous avons l’occasion de partager des avis de deux économistes de renom, qui sont aussi des membres de l’ICRICT, une Commission indépendante qui mène des travaux pour la formulation d’une taxation unitaire et équitable des entreprises multinationales dans le monde

Il s’agit notamment de:

Ricardo Martner, un économiste indépendant avec 30 ans d’expérience dans le secteur des Nations Unies

Thomas Piketty, Economiste lui aussi et Professeur à l’Ecole des Hautes Etudes en Sciences Sociales de Paris en France. Il est surtout reconnu pour la qualité de ses travaux sur les inégalités économiques dans le Monde

Pour écouter directement en ligne, cliquer sur notre lien Youtube, ou l’application Stitcher.

Vous pouvez aussi suivre nos activités et interagir avec nous sur nos pages Twitter, et Facebook.

Enfin vous pouvez nous écrire à notre adresse [email protected]

Virtual conference: Where next for global taxing rights?

Technical and political analyses of the OECD tax reform

Hosted by the Tax Justice Network on 11 December 2019

Read Alex Cobham’s blog post summarising the day’s discussions | Read our blog post about the conference format

As urgent reshaping of the international tax system has risen up the geopolitical agenda, the OECD’s tax reforms announced in January 2019 are proceeding at a rapid pace. The proposals set out to go “beyond the arm’s length principle”, introducing elements of unitary taxation and formulary apportionment, with the aim of redistributing taxing rights to the countries where real economic activity takes place.

To date, however, there has been little public analysis of the likely effects of these reforms and questions have been raised as to whether the current proposals are comprehensive enough to provide the drastic changes the international tax system needs to keep up with the changing landscape of multinational companies.

This one-day virtual conference hosted by the Tax Justice Network brought together international experts including speakers from the International Monetary Fund (IMF), the Intergovernmental Group of Twenty-Four (G24), the Organisation for Economic Cooperation and Development (OECD), the World Bank (WB) and the Independent Commission for the Reform of International Corporate Taxation (ICRICT) to provide technical analyses of the current proposals and consider the following questions:

View the conference programme

Download conference slides

Keynote I: ‘The maldistribution of global taxing rights, and how to fix it’ and Q&A


Panel I: ‘The revenue impacts of redistributing taxing rights’ and Q&A


Keynote II: ‘The G24 proposal, and the challenges of the Inclusive Framework’

Watch the conference in full

Welcome and Keynote I: ‘The maldistribution of global taxing rights, and how to fix it’ and Q&A


Panel I: ‘The revenue impacts of redistributing taxing rights’ and Q&A


Keynote II: ‘The G24 proposal, and the challenges of the Inclusive Framework’ and Panel II: ‘Which way now for the reform and redistribution of global taxing rights?’ and Q&A

Shared papers and resources

Independent Commission for the Reform of International Corporate Taxation and Tax Justice Network

https://osf.io/preprints/socarxiv/j3p48/


International Centre for Tax and Development (ICTD)

https://www.ictd.ac/theme/taxing-the-digitalising-economy/


International Monetary Fund (IMF)

https://www.imf.org/~/media/Files/Publications/WP/2019/wpiea2019213-print-pdf.ashx

https://www.imf.org/~/media/Files/Publications/PP/2019/PPEA2019007.ashx


Organisation for Economic Co-operation and Development (OECD)

https://www.oecd.org/tax/beps/programme-of-work-to-develop-a-consensus-solution-to-the-tax-challenges-arising-from-the-digitalisation-of-the-economy.pdf

https://www.oecd.org/tax/beps/public-consultation-document-secretariat-proposal-unified-approach-pillar-one.pdf

https://www.oecd.org/tax/beps/public-consultation-document-global-anti-base-erosion-proposal-pillar-two.pdf.pdf


South Centre

https://us5.campaign-archive.com/?u=fa9cf38799136b5660f367ba6&id=a76ef527b7

https://us5.campaign-archive.com/?u=fa9cf38799136b5660f367ba6&id=000234a6c6


World Bank

Materials on international tax

http://documents.worldbank.org/curated/en/735001569857911590/International-Tax-Reform-Digitalization-and-Developing-Economies

http://documents.worldbank.org/curated/en/325021540479671671/The-Cost-and-Benefits-of-Tax-Treaties-with-Investment-Hubs-Findings-from-Sub-Saharan-Africa

http://documents.worldbank.org/curated/en/168211552400964868/Low-Tax-Jurisdictions-and-Preferential-Regimes-Policy-Gaps-in-Developing-Economies

World Development Report 2020 (particularly chapters 3 and 10)

https://openknowledge.worldbank.org/bitstream/handle/10986/32437/9781464814570_Ch03.pdf

https://openknowledge.worldbank.org/bitstream/handle/10986/32437/9781464814570_Ch10.pdf

https://www.worldbank.org/en/events/2019/10/04/strengthening-tax-systems-in-a-digitalizing-world#1

Tax Justice November 2019 Portuguese podcast: Penalidade máxima: a sonegação no futebol #7

Welcome to our seventh monthly tax justice podcast/radio show in Portuguese. Bem vindas e bem vindos ao É da sua conta, nosso podcast em português, o podcast mensal da Tax Justice Network, Rede de Justiça Fiscal.

É da sua conta é o podcast mensal em português da Tax Justice Network, com produção de Daniela Stefano, Grazielle David e Luciano Máximo e coordenação de Naomi Fowler. O download do programa é gratuito e a reprodução é livre para rádios.

Penalidade máxima: a sonegação no futebol:Ouça no podcast #7:

No futebol nem tudo é jogada bonita e bola na rede. Para muitos, o aspecto financeiro e o peso do dinheiro podem manchar a beleza do esporte mais popular do mundo.

A sétima edição do É da sua conta fala sobre a falta de transparência em transações milionárias, negócios suspeitos, paraísos fiscais e como funciona a indústria de sonegação de impostos no mundo do futebol.

Participantes desta edição:

Alexandre de Oliveira, intermediário da Comissão Brasileira de Futebol (CBF)

Almir Somoggi, sócio-diretor da Sports Value

Ana Gomes,  diplomata, ativista contra a corrupção e por justiça fiscal em Portugal

Breiller Pires, repórter do El País Brasil e comentarista da ESPN Brasil

Fernando Martins, jornalista e boleiro

Francisco Teixeira da Mota, advogado de Rui Pinto

Marcelo Lettieri, diretor técnico do Instituto de Justiça Fiscal (IJF)

Nick Shaxson, jornalista da Tax Justice Network

Veronica Grondona, pesquisadora da Tax Justice Network

Wilson Farina, DJ e boleiro

Links para assuntos citados no podcast:

Por que os clubes de futebol se endividam tanto no Brasil – El País Brasil

Conecte-se com a gente!

Download do podcast

Nosso canal no Youtube

Inscreva-se: [email protected]

Twitter

Facebook

Plataformas de áudio: Spotify, Stitcher, Castbox, Deezer, iTunes.

Unitary taxation for multinational companies: what it is and why it matters

We blogged recently that the UK’s main opposition party has committed to introducing unitary taxation by the end of the next parliamentary term. As we’ve said, it represents an important further normalisation of unitary taxation, and a potentially important step to ending the great damage done by corporate tax abuse internationally. In addition to our infographic here explaining unitary taxation, we think it’s useful to share an article for Open Democracy by one of our senior advisors, emeritus professor of law at Lancaster University, Professor Sol Picciotto. He was co-author of an important report whose recommendations have been adopted by the UK Labour Party.

In this article Professor Sol Picciotto addresses two important questions: could a UK government implement unitary taxation, and what would be the benefits? As he writes in his article:

adoption by a country such as the UK of a policy of moving towards unitary taxation with formula apportionment could accelerate the growing momentum for a more effective and comprehensive international solution. Indeed, earlier this year the Indian government put forward proposals to adopt fractional apportionment unilaterally, explaining how it could be compatible with its tax treaties. Even if not all countries follow, governments bold enough to lead the way could create a new consensus for reform of the rules to make them fit for the 21st century.”


In his view, unitary taxation is

a bold, visionary plan for taxing multinationals from the Labour Party – but it is also workable and necessary.”

You can read his full article here on the Open Democracy website.

FATF beneficial ownership report reveals cutting-edge verification processes, hesitates to endorse public registries

Coauthors: Andres Knobel, Markus Meinzer and Moran Harari

The Financial Action Task Force (FATF) which evaluates countries on their compliance with its anti-money laundering recommendations recently published a report on best practices of beneficial ownership for legal persons, leaving trusts aside. The report contains interesting examples of countries doing exactly what our paper on beneficial ownership verification proposed, but misses the point on the issue of beneficial ownership registries, let alone public ones. While the paper proposes many measures that we agree are useful and necessary, it fails to endorse the most critical of measures: public beneficial ownership registries.

Recommendation 24 (not 10)

While many FATF recommendations refer to beneficial ownership information such as Recommendation 10 on customer due diligence by financial institutions, this new FATF paper on best practices (as well as most of our papers on beneficial ownership) focuses on FATF Recommendation 24. This recommendation is about making sure authorities’ have access to accurate beneficial ownership information. If you want to see how the measures proposed here relate to Recommendation 10, scroll down to the bottom of the blog post.*

The multi-pronged approach

The FATF Recommendation 24 and the OECD’s Global Forum allow countries to choose at least one of the three following approaches to ensure timely access to accurate beneficial ownership information: the registry approach (eg a beneficial ownership register), the company approach (the legal person collects beneficial ownership and makes it available to authorities on request), and the existing information approach (use any beneficial ownership information available with banks, corporate service providers, tax authorities, land registries, etc).

Figure 1: three approaches

The FATF paper on best practices describes the challenges faced when implementing each of the approaches without endorsing any specific one as the best one. To us, this is like if a teacher gave two students the same grade on a test because they both answered the same number of questions, regardless of whether they answered the questions correctly. 

In reality, the three approaches were never on equal footing because the company approach is a pre-requisite for the other two.

Figure 2: Company as pre-requisite approach

The company should always be required to identify its own beneficial owners and only then it can report this data to a registry (registry approach) or to a bank or corporate service provider (existing information approach) – or keep it to itself (just company approach).

To illustrate, let’s play out a scenario where a company would not be required to identify its own beneficial owners:

Company A walks into a bank to open an account.

Bank teller: “Hello Company A, please tell me who your beneficial owners are.”

Company A: “I don’t know (and I don’t need to know).”

Bank teller: “Oh, sorry to bother you.” Then, asking in every direction: “People of the world, are any of you the beneficial owners of Company A? In such case, please identify yourself.”

While this imaginary dialogue would never take place, Germany implicitly requires this by waiving the company’s obligation to identify its beneficial owners, when a German company is owned by at least two layers of foreign entities.

The new FATF paper now proposes the “multi-pronged approach” to ensure beneficial ownership transparency. In other words, it suggests implementing more than one approach out of the three possible ones because this has proven to be more effective compared to choosing just one of the three. We discuss the pros and cons of each approach below. However, from our perspective choosing a combination of any two out of three approaches is not good enough. We believe the company approach and registry approach must always be implemented together as a first step. This would constitute the bare minimum requirement. The existing information approach should only ever be implemented as a second step to cross-check, complement and verify the information retrieved by the first step.

The company approach

We consider the company approach to be a pre-requisite for any of the other approaches because the company is in the best position to identify its own beneficial owners, and maybe the only actor capable of doing so. However, relying on the company itself as the only source for authorities to access accurate and timely beneficial ownership information is risky, to say the least. A company investigated for money laundering may never reveal the beneficial ownership data when requested by authorities (especially if they have no presence in the country nor local natural persons who are liable for not complying with the law). In addition, even if we assumed all companies to be honest, ensuring access to beneficial ownership information on any company would mean supervising every local company at their office and checking that they do have beneficial ownership data. This could include millions of companies. The alternatives, sample audits or harsh sanctions for non-compliance, can only get so far. While these alternatives may encourage companies to comply, authorities wouldn’t be able to know for sure that they are complying, unless they checked each and every one of them.

The existing information approach

The existing information approach seems comprehensive, because it may cover anything: banks, lawyers, tax authorities, real estate registries, commercial databases – anyone who may have beneficial ownership information on a company. But, and this is a big but, it relies on information actually existing.

Local banks may be required to obtain beneficial ownership information from companies, but first a company must have engaged with a bank, eg opened a bank account. Otherwise, the bank will have no beneficial ownership information on that company.

Tax authorities may be required to obtain beneficial ownership information from companies, but first a company must be considered tax resident in the country (depending on local tax laws) and actually filing the necessary returns with tax authorities Otherwise, tax authorities will have no beneficial ownership information.

In other words, the existing information approach is like a country trying to identify its citizens solely on circumstantial identities: a credit card, a driver’s license, a library card, a student id, etc. The country would be able to confidently identify a person who has all those documents, but what if the person does not have a credit card or driver’s license, and is not a student at any school? There would be no data on the person at all for the country to identify them by.

Even if every company did engage with either a local bank, notary, tax authority, land registry or any entity required to collect beneficial ownership information, a second problem remains: enforcement would still require checking hundreds to thousands of banks, lawyers, notaries or registries that may or may not have beneficial ownership information. Sample audits or sanctions would again create incentives, but they would not rule out the possibility of non-compliance.

Lastly, private actors that hold beneficial ownership information could tip off their clients about authorities asking for their information, which could affect investigations.

The registry approach

The registry approach is the only way to ensure that beneficial ownership information has been collected (and registered). The registry would hold information on all companies that were incorporated in the country, and could simply check whether they filed beneficial ownership information or not. For a well-functioning beneficial ownership registry, sample tests may not be necessary: the registry, especially if it has digital records, would be able to look at every local company (even if there are millions of them) and check if they have filed beneficial ownership information or not. There would be only one place to go instead of hundreds to millions and if information is digitalised it would take a few seconds to bulk check if any company is missing their beneficial ownership form.

From our perspective, the registry approach doesn’t necessarily require the commercial registry to be the body that holds beneficial ownership information. Any authority would do: tax authorities, central bank, etc, as long as each and every company has to file beneficial ownership information with that registering authority. In other words, the registry approach assumes that an authority holds information on all companies. Instead, if filing beneficial ownership with an authority were optional, conditional or circumstantial, we wouldn’t consider a country to be implementing the registry approach. At best, it would be implementing the existing information approach. What differentiates both approaches is not only whether an authority or a private party holds the information, but also making sure that information on all entities is available with the authority – not just on those companies that circumstantially had to file information. You could think of the registry approach as the ‘leave no one behind’ approach.

Nevertheless, if beneficial ownership information is held by the commercial registry, it is much more likely that the information could be made publicly accessible than if it were held by tax authorities or the central bank.

On a separate note, verification of information is of course not ensured by just having a registry, although once verification procedures are implemented by the registry, it is much easier to check if they actually took place. In contrast, if banks, companies or other data holders are required to not only collect but also verify beneficial ownership information, authorities would still have to do checks to ensure that both the collection and verification took place.

The ideal approach

While the FATF paper identifies the structural problems of each approach (eg companies’ lack of incentives to identify their beneficial owners), it still allows countries to choose any approach. In our view, the ideal solution   is the FATF establishing the three approaches as successive building blocks to ensuring authorities’ access to beneficial ownership information.

Figure 3: approaches as building blocks

In essence, the most fundamental component (in bold in the figure above) is the registry approach, with the company approach (the company identifying its beneficial owners) as a pre-requisite. If all beneficial ownership information is contained in one central registry, it’s possible to easily access it whenever needed, and to verify compliance and the accuracy of registered information, even before the information is needed (before it’s too late). This also helps foreign authorities access and verify information, who would otherwise have to spend time in justifying a request for information and wait until it is received, if ever at all.

The existing information approach definitely adds value, but it should only be the cherry on top. Banks, corporate service providers, notaries and even other authorities dealing directly with the company should be able to obtain information from the beneficial ownership registry while having the obligation to report any discrepancy (eg “John doesn’t appear as the beneficial owner in the Registry but he is the one who manages the bank account and withdraws money, so he should be included”).

The law could also require engaging with a bank, notary or a corporate service provider in order to incorporate a company (the dotted arrow in the figure above) to add an extra layer of verification and control of beneficial ownership information. However, a country choosing only the “company + existing information approach” as a way to ensure authorities’ access to beneficial ownership information (without the registry approach) would be missing out. First, it would depend on the company actually engaging with a local bank, notary or service provider for these to hold beneficial ownership information. Otherwise, no one in the country would know who the beneficial owners are. Second, it makes enforcement much more difficult and costlier: supervisors would have to check every single notary, bank or corporate service provider to make sure that they are doing their job right.

The registry approach should thus be promoted as the best approach (considering the company approach as a pre-requisite). The FATF already requires countries to have registries providing basic company information (company name, address, etc). Upgrading the registries to also collect beneficial ownership information is much more cost-efficient in the long-run than having to supervise the hundreds to thousands of banks, notaries, lawyers and corporate service providers.

Public registries

The FATF – in our view – fails to endorse public beneficial ownership registries as the best strategy to ensure beneficial ownership transparency, and it even seems to undermine them:

For example, an openly and publicly accessible central registry does not necessarily mean that the information is accurate and up-to-date. (page 22)

This statement is true, but also misleading. Establishing an under-resourced registry that is unable to run any checks or verification and rather acts as a repository of information could end up being of little value. But the same applies to any measure that a government could implement. If you do something wrong, or only half-way, of course it will not be effective. The point is which approach (or combination of approaches) is better, if done properly. For example, we published a checklist for any country willing to implement a beneficial ownership registry. More fundamentally perhaps, the FATF fails to take into account the pressures arising from public scrutiny of the data. The use (or abuse) of low level staff (natural persons) as “premium” nominee shareholders and directors whose identities are effectively stolen or hijacked by superiors in hierarchical law firms (as happened in case of the Panama Papers), could be detected more easily if public scrutiny allowed questioning the veracity of a person – not least from within the firms, but also from any business partner and journalist.

On the bright side, the FATF acknowledge a positive trend towards public beneficial ownership registries, which also helps foreign investigations:

The trend of openly accessible information on beneficial ownership is on the rise among countries. (page 74),

…it is also understood that countries have encountered difficulties in getting information on beneficial ownership that is not publicly available. (page 70)

Highlights

The FATF paper does have some interesting pieces of information as described below.

Switzerland applying the “every shareholder is a beneficial owner” (no threshold approach) to domiciliary entities

The FATF paper describes that financial intermediaries in Switzerland are required to obtain information from all individuals without applying the 25% threshold of capital or voting rights when dealing with domiciliary entities (companies as entities such as legal entities, trusts or foundations, that do not have any operational activity):

A written declaration will be required from the domiciliary concerning its beneficial owners. (Art. 4 para. 2 of the Federal Act on Combating Money Laundering Act and Terrorist Financing). The threshold of 25% of the capital or voting rights in the legal entity does not apply to such type of entities. This means that all beneficial owners must be identified, regardless of the amount of their participation in the company (page 55)

Countries implementing automated verification, red-flagging and appropriate sanctions

The FATF paper mentions many strategies to verify beneficial ownership information based on some countries’ experiences. These include automated cross-checks against other government databases to determine the accuracy of information, and using data mining to establish patterns and red-flag suspicious cases. These suggestions and examples are exactly what our paper on beneficial ownership verification proposed back in early 2019 (as well as our paper’s previous version from 2017).

In addition, whenever inaccurate or incomplete information was detected, our paper proposed not allowing an entity to be incorporated, or winding it up if already existed, or at least marking it with a warning for anyone to be aware of the risk. The FATF paper describes that some countries are doing precisely this. Below are some extracts from countries.

Austria                     

Austria requires different measures to verify beneficial ownership information, including automated real time cross-checks against government databases, automated sanctions in case information is missing, adding a public remark to warn users that a company has potentially incomplete or wrong information and a system of risk points for non-resident beneficial owners based on their country of residence’s risk, resulting in further investigation by Austrian authorities:

Legal entities, which report beneficial owners with foreign citizenship or place of residence, or ultimate legal entities with a registered address in a foreign country will receive a certain number of risk points based on the ISO Code of the foreign country. Thus, those legal entities will be more likely be in the risk category high or very high, resulting in a greater chance that the BO Registry Authority will request documentation on beneficial ownership and will carry out an off-site analyses of beneficial ownership. (…)

Through an automated alignment with other registers, it is ensured that beneficial owners and legal entities can only be reported if their data is also contained in other public registers. If, for example, a person with a main residence address in Austria is entered as a beneficial owner, there is a real time check with the Central Residence Register in the background if the entered person has a valid main residence in Austria. (…)

By setting a remark the legal entity will automatically be notified about the remark (without identifying the obliged entity that set the remark) and informed that the reported beneficial owners could not be verified and that the legal entity therefore has to examine its report. The remark is only removed if the legal entity then files a new report. However, the remark will still be visible in the historical data. Consequently, a remark will be visible in all excerpts from the BO Register. In addition, the BO Registry Authority is monitoring the list of all remarks set in the register and may request documentation on beneficial ownership if a remark is not resolved by a correct report.

Implementation of automated coercive penalties. If a report is not filed within the deadline – either within the initial reporting period or within 28 days of newly established legal entities – then the competent tax office will automatically send a reminder letter with the threat of a coercive penalty of € 1 000 to the legal entity. (pages 41, 46, 52, 57)

Denmark

Denmark also has automated cross-checks, including validation checks (eg to prevent dead people from being registered). If beneficial ownership information is not checked, a company will not be able to incorporate:

The CVR automatically checks information that is filed (which must be done electronically), and will cross-check this information with various governmental registers, the CPR number – Civil registration number / CVR number – Unique identification number for legal entities and other details such as address (Danish Address Register – DAR) and dates. Furthermore, business rules are set up in the system to avoid impossible situations ex. registration of a deceased person, and as the Business Register entails information about legal entities, certain information about the entity is prefilled in order to ease the registration and to avoid mistakes. These automated checks are then followed by more detailed manual checks in suspicious cases. The system is also designed to use large datasets and with machine learning to better identify potential risks (….)

If the BO information is not adequate when checked, the company will not be incorporated. If the BO information is checked in the following phase, the DBA has the legal basis to dissolve the company compulsorily (page 48)

The Netherlands

The Netherlands has automated cross-checks against government databases, a risk system for further investigations and creates a network maps of relevant relationships that could be used for investigations:

The Scrutiny, Integrity and Screening Agency performs risks analysis by automatically scanning several closed and public sources on a daily basis, to look for any relevant financial or criminal records of directors, and the (legal) persons in their immediate surroundings. Data includes the Company Registry, Citizens Registry of the municipalities and the Central Insolvency Registry, as well as other public sources. In addition, data is obtained from the tax authorities, the Judicial Information Service, and the National Police Services Agency. If the computer system reveals a heightened risk, either immediately upon registration or later on, during the life span of the legal person, this dedicated Agency will carry out a more in-depth analysis. If the analysis confirms that there is indeed a heightened risk, a risk alert will be sent to a group of recipients, including law enforcement and supervisory authorities such as the Public Prosecution Service, the Police, the Tax Intelligence and Investigation Service, the Dutch Central Bank, the Netherlands Authority for the Financial Markets and the Tax and Customs Administration (.…)

The Scrutiny, Integrity and Screening Agency also provides ‘network maps’ for inter alia law enforcement and supervisory agencies. A network map plots the relevant relationships between a (legal) person of interest, and other persons or legal persons, including bankrupted or disincorporated legal persons. (page 50)

Other relevant cases of beneficial ownership verification include Belgium (page 47), Italy (page 34), Jersey (page 36), Spain (page 40) and Sweden (page 52).

Proposals on how to deal with foreign companies

The FATF paper also includes proposals on how to deal with beneficial ownership from foreign companies. While the paper doesn’t mention (our paper’s) proposals on an automated international cross-check of information using zero-knowledge proof tests (without needing to share the actual data with a foreign country, but only confirming information), it does present valuable options that require no international cooperation:

b) Rating jurisdictions’ level of co-operation – Rating jurisdictions based on the availability and extent of their co-operation. Impose defensive measures such as restriction of certain business activities accordingly.

c) Requiring re-registration with a local beneficial ownership.

d) Requiring re-approval by domestic national authorities based on detailed investigation of the relevant legal entities. (page 70)

Option b echoes our paper’s proposed quality limits (limiting the ownership chain of a local company by allowing it to include only foreign entities as long as they are from countries that have public legal and beneficial ownership information). Of course, the Financial Secrecy Index could be a basis and source of evidence to know whether a country’s entities should be blacklisted based on the country’s level of transparency and exchange of information.

Need to review data protection and privacy laws that affect access to information

Importantly, the FATF paper refers to the need to revisit data protection and privacy laws. While these are of course relevant, they should not be abused to prevent relevant authorities and stakeholders from accessing beneficial ownership information:

It is also expected that countries will take action to facilitate the timely sharing of basic and beneficial ownership information at the domestic and international level to address barriers to information-sharing (e.g. reviewing data protection and privacy laws). (page 72)

Allow searches by multiple fields (company name, beneficial owner name, etc)

Our 2017 guidance paper on a checklist for beneficial ownership registries specifies the importance of allowing information to be searched using different fields (company name, incorporation date, identity of owners, their residence, etc (page 5). The FATF paper also proposed this:

Information in the company register is generally recorded digitally and is preferably searchable. The search function supports searches by multiple fields. (page 73)

Conclusion

In conclusion, the FATF paper proposes many measures that we agree are useful and necessary. It also describes best cases available in several countries that could be followed by others. However, it fails to endorse registries of beneficial owners, let alone public ones, as the best approach.

* How does this blog post’s proposals relate to FATF Recommendation 10?

Another relevant FATF recommendation, which is related but not the focus of this paper, is Recommendation 10 on customer due diligence: how banks, and other obliged entities (eg lawyers, notaries, corporate service providers, etc) are supposed to obtain and verify information, including beneficial ownership information, provided by their customers. For example, when opening a bank account for a customer, banks and other obliged entities may use information from the commercial registry or beneficial ownership registry (green circle in the figure below), but they cannot rely exclusively on that information for their customer due diligence obligations. They must use other sources too, and follow other procedures (eg obtain identity documents, in-person meetings, etc) to comply with Recommendation 10’s procedures.

Figure 4: FATF recommendation 10

However, this blog post doesn’t apply to Recommendation 10, and none of its observations or proposals refer to changing Recommendation 10 in any way nor obliged entities’ customer due diligence obligations. This blog post focuses only on Recommendation 24 about ensuring access to beneficial ownership information by authorities (and ideally also by the public).

Seminar on the Corporate Tax Haven Index in Buenos Aires on 29 November 2019

[Por favor, vea más abajo detalles en castellano]

The research and advocacy seminar is organised in the context of the conference “Financialization in the Global South” (list of panels here, time table here, register here), happening from 26-28 November 2019 also in Buenos Aires. This event is free to attend. Details and location can be found below.

The seminar introduces the methodology and discusses the research and advocacy potential of Tax Justice Network’s Corporate Tax Haven Index (CTHI). This index combines two measures to create a ranking of the world’s most important tax havens for multinational corporations: the Haven Score based on 20 mostly tax-related indicators of corporate tax haven-ness, assessing how aggressive a jurisdiction’s corporate tax haven laws, regulations and practices are; and the Global Scale Weight showing the scale or size of corporate investment activity as a proxy for the magnitude of the profit-shifting potential in that jurisdiction. The jurisdictions are ranked by how much each contributes to tax avoidance risks and the race to the bottom in corporate income taxation. The Haven Score’s twenty indicators rely on in-depth policy analysis in five relevant areas of corporate tax policies: the lowest available corporate income tax rate; loopholes and gaps; transparency; anti-avoidance measures and double tax treaty aggressiveness. Researchers and members of social society are invited to feedback on the methodology, and to contribute suggestions for the future geographical expansion of the index in the Latin American region.

Another part of the seminar will introduce the present the Tax Justice Network’s latest paper on the risks emanating from the secrecy in the investment industry. In 2018, the total value of financial instruments processed in the US was USD $1.85 quadrillion (USD $1,850 trillion). Still, there is no transparency on who the beneficial owners of investment entities and financial assets are, let alone if they are paying the corresponding taxes or if they are part of money laundering or other financial crimes. Neither current beneficial ownership registries nor the Common Reporting Standard for automatic exchange of tax information solve the investment industry’s secrecy.

Seminario de presentación e investigación del Índice de Guaridas Fiscales Corporativas 2019

El propósito del seminario es introducir la metodología, presentar y discutir la investigación del Índice de Guaridas Fiscales Corporativas de Tax Justice Network (CTHI, por sus siglas en ingles). El índice combina dos medidas para crear un ranking de las más importantes guaridas fiscales para corporaciones multinacionales del mundo: un ranking de guaridas basado en 20 indicadores de nivel de guaridas principalmente relacionadas con impuestos, que evalúan que tan agresivas son las leyes, regulaciones y prácticas de una guarida corporativa; y un ponderador de escala global que muestra la escala o el tamaño de la inversión extranjera directa como un proxy de la magnitud del desvío de utilidades potencial en la jurisdicción. Las jurisdicciones son posicionadas en función de cuánto contribuyen al riesgo de elusión fiscal y a la carrera a la baja global en el impuesto a las ganancias corporativas. Los veinte indicadores del índice de guaridas se basan en un análisis detallado de políticas en cinco áreas relevantes de las políticas de fiscalidad corporativa: la menor tasa imponible disponible; los huecos para la elusión fiscal; la transparencia; las medidas anti-elusivas y la agresividad de los tratados de doble imposición. Académicos, miembros de la sociedad civil, y otras personas interesadas están invitados a proveer su opinión respecto de la metodología y contribuir con sugerencias para la futura expansión geográfica del índice en la región latinoamericana.

Paradigm shifts on tax, and who are ‘the uncounted’? Tax Justice Network November 2019 podcast

This month on the Taxcast we speak to Tax Justice Network CEO Alex Cobham about his new book The Uncounted on the politics of counting. Who’s missing from the stats, from the bottom to the very top? And how can we count better?

Plus: For decades corporate tax cuts have been touted as the way to boost the economy. This month the Tax Justice Network’s John Christensen talks about a paradigm shift on corporate tax in the UK general election: and we look at the results of Trump’s corporate tax cuts in the US – what did they really deliver?

Produced and presented by Naomi Fowler.

If the rich, if the elites, if the big companies are obviously not meeting their fair share, not meeting their part of the social contract, why should I? And you know, why should I be the only mug who pays tax? And it erodes all the way down. And this is how States and societies crumble.”

~ Alex Cobham

“Neo-liberalism is finished, it’s a busted flush, we’re going to see a change, if not at this election it’s certainly coming and I have the same sense from the US. And the tax justice agenda will feature prominently in whatever comes next”

~ John Christensen

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Further reading:

The UN runs out of money: has your country paid its annual contribution?

A Taxcast Extra clip: Alex Cobham speaks on the funding troubles at the UN and how it might be more sustainably funded:

Unitary tax explained: infographic

The Labour party in the UK has today committed to introducing unitary taxation by the end of the next parliamentary term. This is significant internationally because it marks the first such manifesto commitment from a major political party, with a realistic prospect of election success, in a major OECD member country. Coupled with the leadership of the G24 group of developing countries, the Labour commitment represents an important further normalisation of unitary taxation, and a potentially important step to ending the great damage done by corporate tax abuse internationally.

But what is unitary taxation? We’ve put together an infographic below to illustrate how unitary tax works.

Under a unitary tax approach, governments treat a multinational corporation as a group made up of all its local branches, instead of treating each local branch as an individual entity separated from the global chain. The profits that the multinational corporation declares as a group are then apportioned to each country where it operates based on how much of its real economic activity took place in that country.

Simply, put a unitary approach requires multinational corporations to contribute tax based on where they employ workers and do business, not where they rent letter-boxes and hide ledgers. That means making sure corporations pay their fair share locally for the wealth created locally by people’s work.

unitary tax infographic

For our full briefing on unitary tax, read our briefing paper here.