Los dueños reales: June 2023 Spanish language tax justice podcast, Justicia ImPositiva

Welcome to our Spanish language podcast and radio programme Justicia ImPositiva with Marcelo Justo and Marta Nuñez, free to download and broadcast on radio networks across Latin America and Spain. ¡Bienvenidos y bienvenidas a nuestro podcast y programa radiofónico! Escuche por su app de podcast. (All our podcasts are unique productions in five languages: EnglishSpanishArabicFrenchPortuguese. They’re all available here.)

En este programa con Marcelo Justo y Marta Nuñez:

INVITADOS:

~ Los dueños reales

MÁS INFORMACIÓN:

Transforming our flagship indexes to be even more responsive and timely

We’re excited to share the news today that the Tax Justice Network is embarking on our most ambitious update yet of our flagship indexes, the Financial Secrecy Index and Corporate Tax Haven Index. The update will pivot our indexes to a rolling-update approach that will allow the indexes to capture countries’ regulatory changes in a more responsive and timely fashion. 

This will be a shift from the approach we’ve been using since 2009, which has seen us update the indexes once every two years. With tax justice policies now at the top of fast-moving national and global agendas, we want to make sure our indexes can serve even better as responsive monitoring and troubleshooting tools for countries’ regulatory frameworks.  

The updates to our indexes, however, will require us to push back the next update of the Corporate Tax Haven Index from 2023 to 2024, from which point both indexes will be published under the new rolling approach. 

15 years of researching tax havens 

The first edition of our Financial Secrecy Index was published in 2009. Its primary aim was to counter the false narrative that financial secrecy, and all the harm it enables, was a problem restricted to “corrupt” lower income countries and the global south. It wasn’t uncommon at the time to pin the blame for the glaring global inequalities and colonial legacies lower income countries suffer to their high levels of perceived corruption. We wanted to show that this corruption, and illicit financial flows more widely, was made possible – and was being mirrored, profited on and exacerbated – by rich countries pointing fingers.  

The Financial Secrecy Index has undeniably been very successful in this effort. Rich global north countries like the US, Switzerland and Luxembourg are now widely recognised as the world’s biggest enablers of financial secrecy. 

The Corporate Tax Haven Index, running since 2019, has similarly been successful in building awareness of the fact that the greatest enablers of corporate tax abuse are not islands on the peripheries of the global economy but a handful of economic heavyweights at the heart of the global economy that make up the membership of the OECD. 

Over the years, the indexes grew from comparative tools initially meant to tell evidence-based stories with to the world’s most comprehensive database on countries’ laws and regulations on financial transparency and tax. The indexes are now widely used by governments, tax authorities, academics, campaigners and journalists to monitor, evaluate and advocate policymaking at national, regional and global levels.  

When our first index launched – seven years before the Panama Papers – not many people, and even fewer governments, would have considered financial secrecy and global tax abuse to be a problem serious enough to warrant attention. The shift of the Financial Secrecy Index from a campaigning tool in 2009 to convince governments that these issues are a huge, harmful problem that needs fixing, to a policy troubleshooting tool today that people and governments are using to make address these issues just shows how far tax justice has come. 

With the convincing now done, we want our indexes to better support the problem solving underway.   

The future is rolling 

Up until now, each update of an index would see us publish new data all at once for all of the 20 indicators used by the index to evaluate countries. Indicators have sub-indicators, and for each sub-indicator we conduct detailed investigative assessments and painstakingly collect evidence on each country’s legal framework. This is a huge, time-consuming job.  

Once published, the data held under each of the index’s indicators won’t be updated again until the next edition of the index in two years’ time. This has meant each edition of the index is a snapshot in time of countries’ performance on financial secrecy and global tax abuse. Snapshots are very useful for highlighting problems, unearthing patterns and communicating stories. 

But with governments now prioritising and moving faster on tax justice policies, both at home and in the international arena, desire has grown for an approach that offers more frequent snapshots that more responsively capture change. 

Under our new rolling approach, an index’s indicators will be updated in batches over the course of an index’s regular cycle. So rather than publishing new data for all 20 indicators all at once every two years, we will publish new data for small sets of indicators multiple times a year, making our way through all 20 indicators over the course of two to three years.  

Each update will see us collect and publish new data on the set of indicators next in queue in the cycle, but any changes a country makes that we are alerted to or indirectly come across that relate to indicators that are not in queue will still be included in the update. This will allow us to capture regulatory developments closer to when they occur and provide a more dynamic assessment of countries’ complicity in financial secrecy and global tax abuse. 

What these improvements all mean is a steady stream of new data that captures change more responsively throughout the course of the year. This responsive spacing out of updates will help better spotlight steps forward – as well as steps backwards – on financial secrecy and global tax abuse that would otherwise go unnoticed. We believe this can make for more opportunities to advocate and celebrate positive policy change, and to scrutinise and hold governments accountable where policy regresses.  

The rolling approach also gives us the flexibility to prioritise and release new data faster on indicators that relate to urgent policy developments, allowing us to more rapidly equip policymakers in national contexts and country representatives in international arenas with the data they need to evaluate policy change. 

Improved IT infrastructure 

As part of the transition to a rolling updates of our indexes, we are also working on updating our underlying IT infrastructure and data systems. Our aim is to further improve access to and usability of the extensive data our indexes hold. We want to make it easier for stakeholders to navigate and harness the trove of information our indexes provide.  

A more sustainable work environment for our team 

By embracing these reforms, we also aim to create a more sustainable work environment for our dedicated team of researchers and analysts. The demanding nature of the research required for our indexes necessitates balancing accuracy, thoroughness, comparability, fairness and keeping up with rapidly changing policies. The rolling update system will alleviate the intense workload associated with our previous biennial one-push updates, enabling our team to work more efficiently and maintain a sustainable pace, while continuing to produce high-quality analysis. 

As we kick off this new exciting chapter for the Tax Justice Network’s flagship indexes, we remain committed to our mission of promoting tax justice. We’ll share more updates in the coming months, including information on when you can expect rolling updates of both the Corporate Tax Haven and the Financial Secrecy Index to be published. Together, we can continue to expose and address the policies that perpetuate financial secrecy and tax havenry, and fosterer a fairer global tax system. 

Shareholders to vote on tax transparency as report raises serious questions for Canada’s largest alternative asset manager

We’re cross-posting this press release from our friends at the Centre for International Corporate Tax Accountability and Research (CICTAR) ahead of another shareholder vote on financial transparency on June 9th 2023, a trend we’re happy to see. The complex structures, through multiple financial secrecy jurisdictions, explain just why investors should be so concerned – and why we all need major companies to be required to publish their country by country reporting data… Here’s a webinar on the investor case for tax transparency at Brookfield.

London, 6 June 2023. Ahead of a shareholder vote on financial transparency, a new report from the Centre for International Corporate Tax Accountability and Research (CICTAR) reveals how Brookfield, owner of London’s Canary Wharf and New York’s Manhattan West, pays consistently low rates of tax and exploits global tax havens and loopholes.

Through complex corporate structures, with an exceptional reliance on Bermuda, Brookfield manages over $800 billion in global assets. Related party debt payments and other artificial transactions may substantially reduce taxable income where profits are earned. Brookfield’s aggressive tax avoidance schemes appear to deprive governments and communities of much-needed revenue for essential public services, including health and education.

This contrasts with Brookfield’s claim that sustainability is “fundamental to our business and how we create value”. Brookfield’s tax practices and its impact on local communities are anything but sustainable. The global giant provides the bare minimum reporting on tax and its shareholders and fund investors are left in the dark.

The report’s case studies – from the United Kingdom, Australia, Colombia, and Brazil – highlight potential risks for investors, providing a strong case for shareholders to support greater tax transparency through adherence to the Global Reporting initiative (GRI) tax standard as required in the shareholder resolution.

Jason Ward, CICTAR’s Principal Analyst: “Brookfield’s claims of being a responsible investor and advancing a sustainable economy are in serious doubt. Extracting profits from privatised public infrastructure and aggressively denying governments of funding for health and education is by no means sustainable. If Brookfield’s global profits are artificially inflated by exploiting loopholes, investors are placing a risky bet. By voting for Brookfield to implement the GRI tax standard, investors can shed light on global operations and potential risks. If the company is operating sustainably and responsibly, then Brookfield’s executives and management should have nothing to fear from greater transparency. Australia’s forthcoming legislation is expected to require Brookfield and other multinationals to publicly report on a country-by-country basis, beginning in July.”

Brookfield is one of the world’s largest investment managers, specialising in direct ownership of assets and operating companies around the world, across a range of diverse sectors, industries, and asset classes, including private equity and real estate. Much of Brookfield’s capital is workers’ deferred income invested by global public pension funds. Brookfield’s investments and practices have direct impacts on hundreds of millions of people around the world.

-ENDS-

For more information contact for detail about the research and report please contact Jason Ward, Principal Analyst at [email protected] +61 (0)488190457 or Patrick Orr at [email protected] +44 (0)7443496583

Notes to editors: The Centre for International Corporate Accountability and Research, CICTAR, was formed by a group of unions and civil society organisations that believe workers and communities need more and better information about the tax arrangements of multinational corporations. CICTAR provides a centralised resource for information and analysis on the practical effects of corporate tax policy and practices.

Case Study – UK, Canary Wharf

In 2022, the UK was Brookfield’s largest global market where it generated $25 billion in revenue. There is no publicly reported information on Brookfield’s total UK profits or taxes paid. However, if its ownership of London’s landmark Canary Wharf complex, along with the Qatar Investment Authority, is any indication, it is likely that very little tax was paid. Canary Wharf is owned via holding companies in Jersey and Bermuda and hundreds of subsidiaries, including 35 in Scotland and 27 in Jersey. In 2021, Canary Wharf, worth a whopping £8,087 million, had annual operating revenue of £419.7 million, but pre-tax profits were reduced to a mere £51.9 million and taxes paid were only £11.5 million.

Tax Justice Network Arabic podcast #66: الضريبة الموحدة على الشركات والفرص الضائعة

Welcome to the 66th edition of our Arabic podcast/radio show Taxes Simply الجباية ببساطة contributing to tax justice public debate around the world. It’s produced and presented by Walid Ben Rhouma and is available on most podcast apps. Any radio station is welcome to broadcast it for free and websites are also welcome to share it. You can follow the programme on Facebook, on Twitter and on our website. All our podcasts are unique productions in five languages: EnglishSpanishArabicFrenchPortuguese. They’re all available here.

الضريبة الموحدة على الشركات والفرص الضائعة

في الحلقة #66 من بودكاست الجباية ببساطة يناقش وليد بن رحومة ومنتجة البودكاست نورهان شريف، ضريبة الحد الأدنى للشركات المقترحة من منظمة التعاون والتنمية الاقتصادية (OECD)، بالإضافة إلى نتائج الدراسة المنشورة حديثًا بعنوان “خيارات السياسات وفرص التمويل للمنطقة العربية في نظام ضريبي عالمي جديد” من قبل اللجنة الاقتصادية والاجتماعية لغرب آسيا وشمال إفريقيا (ESCWA).

الضريبة الموحدة على الشركات والفرص الضائعة

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

Trop de richesse #50: The Tax Justice Network French podcast

Welcome to our monthly podcast in French, Impôts et Justice Sociale with Idriss Linge of the Tax Justice Network. All our podcasts are unique productions in five different languages every month in EnglishSpanishArabicFrenchPortuguese. They’re all available here and on most podcast apps. Here’s our latest episode:

Dans un monde en difficulté, où la fortune des riches a augmenté de manière alarmante par rapport aux moins fortunés, nous vous présentons la 50e édition de votre podcast en français sur la justice fiscale en Afrique et dans le monde. Et pour cette édition spéciale, nous avons eu l’opportunité de discuter avec Susana Ruiz Rodriguez, à la tête de la section Politiques de Justice Fiscale au sein de l’ONG OXFAM.

À travers cette entrevue, nous plongeons au cœur des détails d’un rapport récemment publié, alors que les ménages les plus modestes voient leur pouvoir d’achat décliner, que le nombre de personnes vivant sous le seuil de pauvreté augmente, et que les gouvernements semblent impuissants face à cette situation.

Pendant ce temps, les 1 % les plus riches ont accaparé près des deux tiers des 42 000 milliards de dollars de nouvelles richesses créées depuis 2020, soit presque le double de la part des 99 % restants. Au cours de la dernière décennie, ces 1 % privilégiés s’étaient déjà approprié environ la moitié des nouvelles richesses.

Il est temps de prendre conscience de cette réalité choquante et de s’engager pour une justice fiscale équitable. Rejoignez le podcast en français de Tax Justice Network pour cette édition spéciale où nous explorons les enjeux cruciaux de la justice fiscale avec une experte de renom. Laissez-vous captiver par les détails percutants de ce rapport révélateur, car il est grand temps d’agir face à cette inégalité grandissante.

Interviennent dans cette édition:

Susana Ruiz Rodriguez, Tax Justice Policy Lead, OXFAM

~ Trop de richesse #50

Pacto fiscal pode reduzir desigualdades na América Latina #49: the Tax Justice Network Portuguese podcast

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

A América Latina é a região com maior desigualdade de riqueza do planeta. Entre as várias causas da péssima realidade social e econômica está o abuso fiscal.  De que forma um pacto regional sobre tributação pode contribuir para diminuir as desigualdades?

No episódio #49 do É da Sua Conta você escuta sobre quatro eventos que ocorreram, na Colômbia e no Chile, em maio de 2023 para avançar rumo à Cúpula por um Pacto Regional e à Plataforma com o objetivo de uma tributação equitativa, inclusiva e sustentável. Se houver participação popular, direitos humanos cabem nessa conta!

No É da sua conta #49:

“Política fiscal é composta por decisões sociais, em termos de financiamento de bens e serviços coletivos de transferências de uma parte da população para outra, dos mais jovens para os mais idosos, dos mais ricos aos mais pobres; pensar a  ideia dos impostos como um pacto coletivo e a ideia dos direitos como algo fundamental nesse pacto.”
~ Pedro Rossi, Unicamp

“Anualmente, a região perde mais de 93 bilhões de dólares em receitas tributárias devido à existência de paraísos fiscais. Os membros ricos da OCDE e seus dependentes causam a maior parte das perdas fiscais e saídas financeiras ilícitas dos países latinoamericano. Então, um cenário cooperativo como uma cúpula regional é uma oportunidade de ouro para mudar de rumo.”
~ Sergio Chaparro, Tax Justice Network

“Não tem nenhuma outra região que chega na escala de deisgualdade da América Latina. Quando a gente pensa em ferramentas de transparência tributária,  é preciso construir uma agenda que lide com essas questão também.” ~ Florência Lorenzo, Tax Justice Network

“Grandes corperações e pessoas de alta renda utilizam mecanismos de planejamento tributário para minimizar pagamento de impostos, então é importante esse tipo de diálogo e de cooperação na esfera internacional. .”
~ Antônio Freitas, Ministério brasileiro da Fazenda

Participantes:

Saiba Mais:

World Inequality Report 2022, elaborado pelo World Inequality Lab: https://wir2022.wid.world/www-site/uploads/2021/12/WorldInequalityReport2022_Full_Report.pdf

Seminário de Política Fiscal 2023 da Cepal e reunião por uma Plataforma Tributária Regional

Seminário acadêmico do governo colombiano por um pacto fiscal regional

Episódio relacionado:

Registro global de ativos pode acabar com sigilo financeiro #37

Transcrição do episódio #49

É da sua conta é o podcast mensal em português da Tax Justice Network. Coordenação: Naomi Fowler. Produção e apresentação: Daniela Stefano e Grazielle David. Download gratuito. Reprodução livre para rádios.

5 ways Big Tobacco is making you pay more tax

One comes to the conclusion that you are either crooks or you are stupid, and you do not look very stupid.”
UK Parliamentary Committee hearings into tobacco smuggling, to the CEO of Imperial Tobacco

Tax justice and tobacco 

At the heart of tax justice is the idea that everyone, everywhere, should pay their fair share of taxes. When they don’t, it results in an increased tax burden on the compliant few, in a decreased availability of funding for fundamentals like access to schooling, healthcare and social safety nets, and in an increase in the reliance on third-party funding, which reduces a country’s sovereignty. 

By contrast, if one were to craft a poster child for tax “injustice” it would probably look a bit like this: a corporate bully making products that kill half its clients, costing our governments more in healthcare than they make from tax revenues. Its business model would be built on illicit, untaxed supply lines, and shifting what profit it doesdeclare to tax havens. All the while illegally spying on its competitors, polluting our beaches and stripping our forests, and hopping in bed with North Korea. And it gets away with it because it has captured the very same governments that are meant to regulate them. 

They exist, and are collectively referred to as “Big Tobacco.” 

Their business model comes at the expense of other taxpayers. Healthcare costs exceed tax revenues from tobacco companies. There is no accountability for cleaning up the pollution they leave behind (with the financial burden instead falling on society). Their abusive profit shifting leaves them paying obscenely low effective tax rates. Their opaque supply chains let them freely pump cigarettes into illicit markets, no taxes or duties paid. And they use illicit financial flows to launder ill-gotten income.

Unwavering profitability

The tobacco industry is unwaveringly profitable. British American Tobacco, for instance, has been the best performer on the UK stock market over the past 35 years. In global terms, while the volume of cigarettes sold may have decreased, its value has increased. There is a simple reason for its continued success: the multinational tobacco companies are masterful at keeping both their supply chains and finances almost entirely opaque, emboldened by the criminality that is hardwired into its very DNA

Tobacco is the most widely smuggled legal substance in the world, with profit margins on a smuggled (that is, tax free) container of up to 2,400 per cent – making it more profitable than heroin, cocaine or arms, but with far less risk of imprisonment. 

Most criticisms of the tobacco industry arguably focus on their marketing of addictive, killer products, but there is so much more about them that is “unjust,” starting, perhaps, with the fact that their tax contributions don’t cover the healthcare costs that arise from smoking.

1. Taxpayers spend more on the healthcare costs of smoking than big tobacco contributes in tax

Excise duties are different from other taxes, in that their primary purpose is to drive specific behaviours, by taxing public “bads,” and to help to compensate for negative impact they have on our societies. So it makes sense that excise duties are levied on tobacco products. 

Unfortunately, they don’t nearly cover the healthcare costs of smoking. 

Instead, smoking is a net negative for most nations, costing the world more than US$ 1.8 trillion annually in healthcare expenditure and lost productivity. Smoking costs us – as taxpayers – the equivalent of 1.8 percent of global GDP, every year. 

A research paper on the health and economic burden of smoking in 12 Latin American countries exposes how health-care costs attributable to smoking represent 6.9 per cent of the overall health budgets of these countries – tax revenues from cigarette sales cover only 36 per cent of these expenditures.

It is an easy enough analysis to replicate on a country by country basis, by comparing the cost of smoking to the excise revenues collected.  In South Africa, for instance, 97 per cent of excise revenues are spent paying for the direct costs of smoking alone (in other words, not accounting for any of the indirect costs like loss of productivity or second-hand smoke). In the USA, more than 29 times the amount collected through excise duties is spent on healthcare for smoking-related diseases. 

At a minimum, policymakers should introduce duties and taxes that at least fully compensate for the direct healthcare costs of smoking.[MBM2] 

But of course, tobacco companies don’t only pollute our lungs, they pollute our beaches too. 

2. The tobacco industry’s pollution costs millions to clean up 

As Tobacctactics reports, the tobacco industry’s emissions are larger than those for entire countries, including Denmark and Croatia – comparable to emissions from the oil, fast fashion and meat industries; and the tobacco product life cycle releases 80 million tonnes of carbon dioxide equivalent every year. If cigarette production ceased tomorrow, it would be equivalent to removing 16 million cars from the roads each year.

Cigarette butts are more than just unsightly – the filters contain single-use, non-biodegradable plastic and toxic chemicals, leaving 175 tons of waste behind every year, and making up 38 per cent of all beach waste. 

In addition, tobacco farmers who handle crops are exposed to a substantial amount of nicotine – the equivalent of smoking 50 cigarettes a day.

This not being devastating enough already, more than 600 million trees [AC3] are cut down every year to cure tobacco leaves, and another 9 million trees to make matches. British American Tobacco, for instance, stands accused of being responsible for 30 per cent [AC4] of the total annual deforestation in Bangladesh, cutting down 200,000 hectares a year. The industry’s reforestation programs are having little discernible impact on deforestation, planting non-indigenous, thirsty eucalyptus trees which are not intended to replenish the destroyed forests but for use in tobacco curing. 

Other public “bads” are being made to pay for the damage they cause to the environment: plastic waste, air pollution, unleaded petrol and lightbulbs.

“Polluter pays” is a principle in international environmental law aimed at making polluters pay for the cost of their environmental harms, which can be further broadened to make the producers of polluting products accountable for ensuring the product can be responsibly disposed of (as is the case, for example, with paint in the US). 

Calls in the UK for a windfall tax on tobacco multinationals are a welcome development. A “polluter pays” levy, and a windfall tax on tobacco multinationals could raise a combined £774 million a year in additional tax revenues – in the UK alone.  

Oluwafemi Akinbode of Corporate Accountability and Public Participation Africa has suggested that litigation against oil company Shell in the Niger Delta could provide a template for introducing a more just approach in the tobacco industry.

That should reasonably include commitments to:

3. Big Tobacco underpays its taxes ever year

At the British American Tobacco annual general meeting in 2014 an activist asked, “Mr. Chairman, I note that BAT reports on the amount of corporation tax paid in the UK (which appears to be zero) and the amount of corporation tax paid overseas, without providing a breakdown of the countries comprised within the overseas heading. The Sustainability Summary states that ‘Transparency is important to us’. With the importance of transparency in mind could you let us know in what countries the company does pay corporation tax, and can you confirm whether the company would be open to providing a country-by-country breakdown of taxes paid in annual reports in the future?” BAT’s CEO responded simply that there was “no need to report globally.”

In our 2019 report, Ashes to Ashes, the Tax Justice Network estimated that in Bangladesh British American Tobacco managed to shift $21 million in profits through royalties and IT charges, costing the country $5.8million in lost taxes. In Indonesia, they shifted $73 million through loans and royalties, costing the country $13.7 million in lost taxes. By booking Brazil’s profits in Madeira, they managed to shift $110 million out of the country, costing Brazil $33 million in tax revenues a year. In Kenya, by shifting dividend payments to the tune of $26 million, they avoided payment of $2.7 million in local taxes annually. Over the course of a decade these practices could have cost countries around the world $700 million in lost tax revenues.

Companies pay themselves royalties, management fees and IT charges. They lend themselves money. They send profits back home, away from where the commercial activity takes place. There may often be no commercial substance to these payments, instead existing solely or mainly to reduce the groups’ tax liability. And while the schemes involved are similar to those used in criminal activities, they get away with it all because multinational companies can back up what they do with opinions from tax advisers that make it difficult to establish the intent necessary for a criminal offence.

Grossly abused rules on taxpayer secrecy provide a veritable invisibility cloak to multinationals, making it extremely difficult to assess with any certainty the extent to which multinational companies are taken to task by tax administrations. While many of the investigations into their practices are opaque, there are some clues: estimates, like the ones in our  report Ashes to ashes, and the comprehensive tax gap analysis done by HMRC in the UK; occasional disclosures by whistle blowers; and – historically – disclosures made by the companies themselves in their annual reports. 

British American Tobacco unfortunately does not publish details of its contingent liabilities in its annual reports anymore, but when it used to, no fewer than 15 pages of their annual report were dedicated to listing tax abuse lawsuits it was defending across the globe. In the last report where these “contingent liabilities” were disclosed, they were facing an additional tax assessment of $124 million for aggressive tax planning using debt financing structures in South Africa, a $422 million income tax assessment in Brazil, a VAT and duty dispute to the tune of $218 million in Bangladesh, and a $131million tax assessment in Egypt. Altogether, the potential liabilities – should they fail to successfully challenge the assessments – total some $2.1 billion. That’s just for one year. 

(The other Big Tobacco companies unfortunately don’t publish similar information. We back the tax standard of the leading international sustainability standards setter, the Global Reporting Initiative, under which companies’ uncertain tax positions should be reported, by country.)

In the following year British American Tobacco was sued by the Dutch government for €1billion for tax evasion (it had paid £1.6 million in tax on income of £1.6 billion – a tax burden of 0.1 per cent). British American Tobacco also shifts €1 billion in dividends via Belgium each year, again paying less than 1 per cent tax. 

By underpaying tax at a colossal scale, Big Tobacco companies shift the tax burden even further on to the shoulders of ordinary taxpayers. This is tax burden made a lot heavier by the healthcare costs and environmental costs of smoking.

4. Big tobacco knowingly supplies the black market  

As much as 98 per cent of illicit trade in tobacco comes from legal manufacturing operations, many of which are owned, operated by or contracted by the four big tobacco companies, which continue to control more than 80 per cent of the world’s tobacco market. The math is obvious: if there is a significant illicit trade problem, it cannot exist without the involvement of the big four tobacco companies.

Indeed, evidence shows that the multinational tobacco companies are not only peripherally involved in supplying illicit markets, it is an explicit part of their business model.

In May 2023, news broke of British American Tobacco having signed an agreement with the US to pay more than $629 million in fines, to settle claims relating to the “formation of a conspiracy to export tobacco products to North Korea and receive payment for those exports through the U.S. financial system” between 2009 and 2016. (With criminal investigations typically having long lead times and lifecycles, 2016 is pretty recent.) In the process, British American Tobacco moved over $250 million in sanctions-busting profits out of North Korea. 

This US settlement speaks only to the fact that British American Tobacco consciously and knowingly set out to circumvent sanctions. It doesn’t even begin to speak to the tax consequences of the “joint venture” in question.

There is nothing particularly shocking about this revelation, with questions about their involvement in North Korea and their dealings through Singapore having been raised for some time. 

It’s a textbook example of the impunity with which multinational tobacco companies act: selling killer products in a prohibited market, then laundering the profits, all while paying little to no domestic duties on the cigarettes sold, or income tax on the downstream profits. 

There is  incontrovertible evidence of multinational tobacco companies benefiting from the  smuggling of their own packs: in some instances, through “indiscriminate sales” where they choose not to track how the packs end up in illicit supply chains, but more often through structured, planned, organised schemes selling what they colloquially may refer to as “duty not paid” cigarettes, through corporate structures aimed at making their supply chains as opaque as possible. 

Schemes like the one British American Tobacco ran in North Korea. Or their well-documented structure in the 1990s which explains how they did something similar through Hong Kong. 

It’s a pattern of behaviour that is consistent, if nothing else.

In 2010, British American Tobacco paid the European Commission $200 million to settle “smuggling-related” issues. In 2012, Philip Morris faced an EU lawsuit for “involvement in organised crime in pursuit of a massive, ongoing smuggling scheme”. Also in 2012, it was sued for $3 billion in damages for smuggling, money laundering, conspiracy and racketeering in Colombia; Philip Morris faced a lawsuit in the EU for “involvement in organised crime in pursuit of a massive, ongoing smuggling scheme;” and Canada filed a racketeering and smuggling lawsuit against RJ Reynolds, to the tune of $1 billion.  Japan Tobacco was investigated for sanctions-busting deals in Syria. In 2014, British American Tobacco was fined £650,000 for “oversupplying” tobacco in the EU by 240 per cent. (“Oversupplying” is classically the first step in pushing cigarettes into an illicit supply chain, moving from the “oversupplied” market straight into the black market.) In 2017,  Philip Morris was criminally charged for alleged fraudulent import practices from the Philippines, facing 272 counts of fraud and a penalty of $2.29 billion; and Philip Morris and British American Tobacco were fined $260 million for illegal cigarette hoarding in Korea – and avoiding taxes on the resulting $178 million profits. And – for good measure  – Philip Morris was accused of fraud and corruption in Buenos Aires

I believe you are the least credible witnesses that I have ever seen come before the committee of public accounts. You have lied unashamedly. If you did not know all I can say is that you must have been totally incompetent. If I were one of your shareholders I would say, ‘these guys are incompetent.’”

Chairperson of UK Parliamentary Hearings into tobacco smuggling by multinationals

The four big multinationals have faced credible smuggling charges in at least Canada, Aruba, Colombia, the US, Buenos Aires, Equatorial Guinea, Guinea, Nigeria, the DRC, Cyprus, Syria, South Africa, Rwanda, Burundi, Sudan, Cameroon, Somalia, Malawi, Mauritius, Zimbabwe, Philippines, Hong Kong and Russia. 

“Management of BAT was aware duty-not-paid cigarettes would ultimately be smuggled in China and other countries. There could be no other explanation for this enormous quantity of duty-not-paid cigarettes worth billions and billions of dollars. BAT’s irresponsible behaviour amounted to assisting criminals in transnational crime.”

Judge Justice Wally Yeung Chun-Kuen     

British American Tobacco’s own documents suggest that the company may historically have been involved in smuggling in around 30 countries. BAT’s own managers note how smuggled cigarettes accounted for nearly 30 per cent of BAT’s sales in Canada, and accounts suggest that at one point as much as 25  per cent of BAT’s global profits may have come from selling contraband in China. Multiple sources document their strategies in China, including memorandums that explicitly explain eg, “…alternative routes of distribution of unofficial imports need to be examined.” That is just code for “smuggling.”

5. Big tobacco’s illicit financial flows allow dirty money to seep into the global financial system

As the UN notes, once illegal money has been laundered through the global financial markets – as some 70 per cent of illicit income in fact is – it is much harder to trace its origins.

In the simplest terms, it is virtually impossible to generate illicit income – in this case, from sales on the black market – and not create some kind of illicit financial flow. That income has to be accounted for somewhere, to ensure that the company’s shares remain popular.

In 2012 Philip Morris International was sued for $3 billion in damages for smuggling, money laundering, conspiracy and racketeering in Colombia. Over a period of 10 years, employees laundered drug money as part of a smuggling operation, in the process creating a trail of third-party payments and Swiss bank accounts.   

Defendants created a circuitous and clandestine distribution chain for the sale of cigarettes in order to facilitate smuggling. The decision to establish and maintain this distribution chain was made at the highest executive level of PMI. Defendants have collaborated with smugglers, encouraged smugglers, and sold cigarettes to smugglers, either directly or through intermediaries, while at the same time supporting the smugglers’ sales through the establishment and maintenance of so-called ‘umbrella [cover] operations’ in the target jurisdictions.”

In 2015 British American Tobacco was accused of money laundering in South Africa. It paid a network of undercover agents using Travelex cards registered overseas – but in other people’s names, so that the payments could not be traced. One agent, for instance, received at least £30,500, either in cash or loaded on to Travelex cards registered in the name of a BAT employee in the UK. An information request from HMRC in the UK confirms that the agency identified at least eight South Africans who had a “peculiar relationship with BAT” and received payments from BAT through “concealed transactions.” UK tax authorities described these as an “al-Qaeda-style” method of payment. Correspondence between the agent and BAT shows she became worried about BAT’s surreptitious payment methods. A senior BAT employee assured her that the same method of payment is used by BAT UK around the globe for payment of its other undercover agents.

These illicit financial flows come at a cost – they reduce transparency, making it impossible for our tax administrations to properly assess the taxes due by behemoths like British American Tobacco. But they do more than that: they allow listed companies to engage in purely criminal behaviours. 

Conclusion

Big Tobacco’s behaviour is the very definition of “unjust.”

Multinational tobacco companies pose an enormously complex risk – one that includes elements of illicit trade, but one that goes far beyond just that. There is ample evidence of multinational tobacco companies being involved in smuggling their own product. But what lies beneath that is a series of smoke and mirrors that covers how they illegally spy on their competitors, how their structures allow them to pay virtually no corporate income tax, how they inflate sales volumes through fictitious revenue schemes, how they abuse their relationship with tax agencies to secure even more preferential treatment, and how their tax abuse is hardly distinguishable from the criminality perpetrated by organised crime syndicates.

Ultimately, the end result from both their more sophisticated schemes and their dalliances with illicit trade are the same – monies lost to the state, and us as taxpayers having to bear more of the tax burden.

There is something fundamentally unjust about the way in which multinational tobacco companies engage with our tax systems. Complex structures allow them to shift profits and underpay corporate income tax, while opaque supply chains allow them to move billions of cigarettes untaxed. Policies meant to curb tax abuses are diluted and rendered ineffective through relentless lobbying and corruption. Enforcement agencies are coaxed to look the other way with donations of vehicles or are plied with evidence on their smaller competitors, illegally obtained through their corporate espionage programs.

This year on World No Tobacco Day, we say no to multinational tobacco companies shifting obscene amounts of profits. We say no to opaque lobbying and engagements by multinational tobacco companies. We say no to tobacco companies capturing our enforcement agencies. And we say no to opaque supply chains and opaque global financial systems that provide them with an invisibility cloak. 

Image credit: Tuxedo Tobacco, Public domain, via Wikimedia Commons

Monopolies and market power: the Tax Justice Network podcast, the Taxcast

Welcome to the latest episode of the Tax Justice Network’s monthly podcast, the Taxcast. You can subscribe either by emailing naomi [at] taxjustice.net or find us on your podcast app. All our podcasts are unique productions in five languages: EnglishSpanishArabicFrenchPortuguese. They’re all available hereIn this edition of the Taxcast:

When dominant multinationals get to run the world, it’s not a happy place. Or a very secure one. For a long time governments have failed to take the threat from monopolies and the corporate concentration of power seriously, and deal with it. But recent crises have demonstrated how the neoliberal era is crumbling around us and governments must take action. In this episode we look at the challenges and how to tackle this in the public interest.

And, in the US, Minnesota nearly took a historic step for tax justice this month that could have changed everything by bringing corporate profit shifting to heel. The lobbyists said it was the end of the world as we know it – and sadly, they won – for now. What was the big deal? And what are the possibilities for other states and other countries?

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Transcript of the show is here (some is automated)

~ Monopolies and market power

Further reading:

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Here’s a summary of the show:

Naomi: “Hello and welcome to the Taxcast, the Tax Justice Network podcast. We’re all about fixing our economies so they work for all of us. I’m your host, Naomi Fowler. You can find us on most podcast apps. Our website is www.thetaxcast.com You can subscribe to the Taxcast there, or you can email me on [email protected] and I’ll put you on the subscriber’s list. Let me know what you think of the show! Coming up later on the Taxcast – the state of Minnesota nearly took a historic step for tax justice this month. But the lobbyists won – for now:”

Alex Cobham: “If you’re a big four accounting firm or one of the major law firms that support multinational companies in their tax abuse, this is guaranteed to freak you out. What you want is to make sure that nobody ever tries it, that they feel the threat, the pressure before they get to that decision point, and they don’t go ahead. You tell them everything will go wrong for you, you tell them anything!”

Naomi: “Aaaah it was so close! We’re going to talk about that later. But first, the threats from monopoly power. A world where dominant multinationals get to run the world isn’t a happy place. Or a very secure one, as it turns out. For such a long time governments have been absent from taking the threat seriously and dealing with it. In the United States what they call the ‘anti-trust’ movement has a long history – the Biden administration has actually been much more active in protecting people and the economy, more than any administration in decades actually, there’s a VERY long way to go, obviously. But everywhere really, the threats posed to us all from monopolies just aren’t that well understood, some of the effects on our lives aren’t that obvious. And really, it’s more accurate to call it ‘concentrated market power’, ‘cos we’re talking about saturation by only a handful of companies in each sector. So what does that look like? Well, according to one estimate we’ve got a problem when only four companies are getting 40% of sales. That’s a market that’s distorted and it’s lost its competitive character.”

Nick Dearden: “The increasing build-up of corporate power, the increasing concentration of corporate power over lots of different bits of our economy over many years is actually the central feature of our economic system.”

Naomi: “This is Nick Dearden of Global Justice Now:”

Nick Dearden: “If four corporations have cornered the entire global market in grain, they effectively decide what gets grown and how, they decide what food we buy and at what price. They decide what we eat. And indeed who doesn’t eat. And you can apply that logic across the whole economy.”

Naomi: “It sounds a bit simplistic to say this but it seems like we only have one value – and that’s the sacred right to make a profit, no matter who gets hurt or killed. The climate crisis and lack of proper action is an obvious example.”

Nick Dearden: “Yes, and it’s endangering our very existence on this planet. And if we’re honest, you know, big business does not operate in any kind of a free market whatsoever.”

Naomi: “It’s often hard to see the era you’re living through when you’re in it, but we’ve been living through a neoliberal era for a very long time. But now it’s beginning to crumble. Here’s journalist Nick Shaxson, formerly of the Tax Justice Network and now with the excellent Balanced Economy Project. He’s speaking here at Yale University and describes here the kind of waking up with a hangover from the big party the night before…”

Nick Shaxson: “The new idea was that we should stop worrying about democracy, we should stop worrying about power, we should stop worrying really about the structure of markets and we should boil everything down narrow everything down to consumer prices and as long as consumers are happy everything’s great, and we should also focus on the internal efficiency of corporations, if corporations are efficient then they’re going to spread their wealth around and everything will be fine, so don’t worry about these other issues. This story, that was one of the components of what many people call neoliberalism, spread rapidly, it was obviously very well funded and it became the dominant narrative and it effectively allowed for the massive consolidation that we’ve seen since then. Private equity firms were among the drivers of this consolidation, buying up firms all over the place and bolting them all together, but many other drivers of consolidation. There was effectively a falling away of the state, the state decided to stand back and this was both under Republicans and Democrats, all the way up to the Trump administration. And so you had this story that once you start picking at it’s so obviously incoherent, it’s obviously wrong but power was with it and it carried, it survived and flourished across the world, spread across the world, spread to Europe, spread to other countries to Australia to Asia, to lower income countries and so we have the giants of today and there’s pretty much no government anywhere has been effectively cracking down until very recently. So the new movement came along with this new story saying ‘we need to start thinking about power again, we need to start thinking about democracy, we need to start thinking about the structure of markets and we need to start taking down these giants and regulating with confidence again in the interests of people.'”

Naomi: “Yes! Obviously the most recognised monopolies are easy to see because they clearly wield too much power – like Facebook, Amazon and Google. And not all monopolies are a bad thing – I mean, a well-run state healthcare monopoly that has the buying power to keep medical costs down and tackle pharmaceutical giants seems like an undeniably good thing. The National Health Service here in Britain is humanity at its very best, I’ve seen that for myself. And we used to have public-owned railways, public-owned water – sadly we lost those. But we can’t say all state-owned monopolies are run in the public interest in the ways they should be – we’ve got creeping private sector involvement, and sometimes the same extractive processes as any other dominant company. So our solutions must be about enshrining rights to essential things we all need, keeping them firmly in the non-profit sector. It’s gotta be also about democratising ownership and control, as well as – of course – breaking up corporate power where we need to.

And it’s bad. Very bad. In the States, despite the Biden administration being the most active for decades in tackling these big mergers – the top 1% of corporations make 81% of all sales and they own 97% of all assets. You can check out stats like that on www.businessconcentration.com – it’s pretty interesting. The biggest market players dominate our every waking hour – what we eat every day, how we travel, how we get our news and information, who we bank with, they influence what decisions our governments make, how much we pay for stuff, how much we fall short in tax revenues and the consequences of that. But if it seems like we’re taking on the impossible here, we’re not. As any good freedom fighter will tell you. Here’s Nick Shaxson again:”

Nick Shaxson: “I worked with the Tax Justice Network for many years. I started not quite at the very beginning but near the beginning, and it was just a tiny group of us and we had some demands and policy proposals that you know the powers, you know everybody said ‘oh that’s utopian nonsense, nobody’s ever going to do that’ and all of those proposals are now to one degree or another, with many gaps obviously, but have been accepted as mainstream policy by governments around the world. I’ve seen from the inside of a movement having you know some significant success and, you know, we made a lot of progress. Not as far as as much we want but the whole international tax justice movement, we did achieve a lot.”

Naomi: “That’s Nick Shaxson there, speaking at a recent event held by Global Justice Now called ‘the threat of monopoly capitalism.’ And you can’t really separate monopoly power and market concentration from tax havenry and corporate secrecy – all of them have happened because we’ve allowed huge imbalances of power across our economies. And just like tax havens and the companies who use them, it’s the same, it’s all about ‘escape’ – escaping things they don’t like – whether it’s taxes other small businesses pay, regulations, laws, accountability when things go wrong, transparency about how they operate or which politicians they’re funding. Here’s Nick Shaxson again:”

Nick Shaxson: “One of the things that I think is very important is that monopoly is – it’s like privatisation, it’s a form of privatisation, in a way privatisation of regulation because if you get a bunch of companies together and they form a cartel, their bosses collude to um rig prices or rig wages or whatever that is subject to public regulation, there’s anti-cartel laws and rules around the world and they can be stopped, they can be fined, they can be punished for that with public state regulation. But the alternative – and that’s what all the companies have been doing instead is just merging, they just join together and once they’re merged together it’s like a reinforced legalised version of a cartel and the public regulation has been pushed out, so we are seeing monopolisation as a kind of privatisation of regulation.”

Naomi: “Underlying the neoliberal era and globalisation was always the philosophy that markets will answer our needs and solve our problems. The pursuit of what’s the cheapest, with no other consideration – the State’s job is to get out of the way. But we’re finding out why that philosophy is so dangerous – and why markets left to their own devices can do the opposite of solving our problems. Here’s Nick Dearden again:”

Nick Dearden: “You can take a number of different sectors and look at it and, and see the problems. But what was really interesting to me about the pharmaceutical example was the more I started looking into it, these pharmaceutical corporations like to say, ‘we need these monopolies because otherwise we’d have no incentives to provide the medicines that society desperately needs.’ And it’s a complete and utter lie. Actually, the more power they have accumulated, the less creative, the less inventive they have become. It isn’t simply a matter of, they make some really important medicines and then they squeeze as much profit out of it as they can. That was may be the case in the 1960s and 1970s. Today, it’s not like that at all.”

Naomi: “Yes, we’ve seen how big companies put their efforts into financialising every aspect of what they do, and that includes minimising their taxes. Pharmaceutical companies – just like in pretty much every sector – have merged to the point where in the US between 1995 and 2015, 60 pharmaceutical companies merged into just ten. The number of companies producing vaccines fell from 26 in 1955, to 18 in 1980, to only four in 2020. Do you remember that urgent chasing of covid vaccines by different nations? This stuff left the world at a huge disadvantage dealing with Covid, especially poorer nations.”

Nick Dearden: “Pharmaceutical corporations are more like hedge funds. They don’t do, they don’t invent any of the medicines, you know, or very few of the medicines on their books, they buy out other companies that have done that research, they then sit on literal monopolies, I mean, you know, through the intellectual property, basically only that that company can make this medicine for at least 20 years. And there’s all sorts of ways that they try to extend that, and they squeeze as much out of it as they possibly can, because they’re making so much on every single sale, if you can only sell it to a few rich countries’ health systems, well, that’s okay, you know, and actually the very value of these companies comes not really from how much they sell, but from the value of the intellectual property they hold and how much investors assume that’s gonna be worth in the years to come. So it’s extraordinary really, because this system is supposed to be all about, you know, rewarding innovation. But what it’s actually done is completely hollowed out these enormous corporations. And I mean, I’ve just looked at the amount that these corporations return to their investors through dividends and share buybacks, it way exceeds their research and development budget, indeed for most, for most years, it exceeds their profit. It exceeds their net income. Because we live in a political system, in an economic model that assumes that the market will provide, it assumes that these corporations have all the answers, we’ve eroded all the institutions that would have allowed us to provide a counterbalance to all this. And so when the pandemic struck, even though basically all of the research into those medicines had already been done by the public sector or small biotechs, at the end of the day, we couldn’t actually produce them because we’re still dependent on these tiny pipelines. And so we had to turn to Pfizer and Moderna and AstraZeneca and say, ‘take all the money you want,’ um, handed it over. Now AstraZeneca behaved a bit differently, of course, but Pfizer and Moderna, I mean, sold hardly anything to the vast majority of the world, they just weren’t interested. Absolutely shocking! And that’s not just, it’s not just morally wrong, it’s stupid because as long as there were huge parts of the world unvaccinated, we were all at risk of a new, more virile and more deadly strain of the virus coming out and undermining the vaccines that we had had. But that seemed to be as of nothing to the pharmaceutical companies because well, if the, if the pandemic goes on longer, you know, there’s simply more money to be made. So there’s no interest, it’s not only that there’s no interest in equitably selling the medicines the world needs and researching the me the medicines that that, that, that all people urgently need. There’s not really any interest in researching anything other than, you know, drugs that have marginal differences on chronic diseases because those are the most lucrative drugs.”

Naomi: “And even if politicians in the wealthiest countries in the world don’t care about equitable access to drugs at prices that aren’t taking advantage of market dominance, they should care about this:”

Nick Dearden: “We are faced with antimicrobial resistance. Yes, we’ve overused antibiotics massively, but the pharmaceutical industry hasn’t researched any more of these things because there’s no profit in it, essentially because they would be second, third generation antibiotics that wouldn’t be used very much for the next 15, 20 years anyway. They’re not gonna make anything of them. Look, you just need to nationalise parts of this industry. It is simply not fit for purpose.”

Naomi: “When you look at the logic of governments letting the biggest companies decide on supply chains based only on the bottom line – without any thought about global security, the world we’ve allowed corporations to build gets riskier and riskier for all of us. This is MEP and competition lawyer Stéphanie Yon-Courtin speaking in Europe at an event called ‘How Monopoly Threatens Democracy and Security:'”

Stéphanie Yon-Courtin: “The pandemic has highlighted the EU’s long-existing structural problems related to the supply of medicines and the higher dependency on third country import for certain essential and highly critical goods and materials. In the wake of the pandemic it is as if we finally found out that we were 100% dependent on third countries such as China or India. One of the key lessons of the crisis is that there is a need to get a better grip an understanding of where Europe’s current and possible future strategic dependencies lie. The notion of resilience of supply chains was already much discussed before the pandemic in the context of ensuring availability of resources necessary for the twin transitions – green and digital – of the economy and society in Europe. It became as pertinent as ever with the crisis. Now facing this situation it seems clear that our competition policy plays an essential role – it’s one of the tools, a key one to increase our strategic autonomy and our industrial policy that could secure supply chains. I think we are slowly moving from a naive Europe to a pragmatic and realistic one – no choice. Now, with the Russian invasion to Ukraine we have no choice, no choice to face our dependency to Russian gas.”

Naomi: “In the case of Russian gas, markets – and the German government didn’t come out of this well either – allowed storage and pipelines to be monopolised, ignoring the obvious security threats. It ended up enhancing the dominant power of Gazprom, majority-owned by Russia, an expensive lesson. Here’s Christopher Gopal of the Global Supply Chain Center, at the University of Southern California, he’s speaking at the same event:”

Christopher Gopal: “The Russia issue is huge and will cause a great deal of grief to a lot of people, but this is nothing compared to the type of impact that something over in China and Taiwan can have on us. Russia has probably four to six major leverage points by which it can disrupt supply chains and some of them are not global. China has hundreds. Just to give you one example and when I say people are not ready for this, when we talk about the chip industry and the chip problem, what we felt in covid was a hiccup. If the chips from China and Taiwan are blocked from coming in for any reason, those two together own about 20 to 30% of the world’s production and the high-end chips. More to the point, the impact is not just on the chip industry, 100 billion dollars of plus. Those are the primary industries, the impact goes under the secondary industries, defence and aerospace, automobiles, heavy trucks, industrial equipment, infrastructure, all of these things and then cascades to things like tourism, food production, traffic lights, shipping, everything else. Something like that would have enormous impact, it could bring countries to their knees. I mean to say even worse – there could be even worse than semiconductors is pharmaceuticals – China produces, you know, the numbers vary from place to place but 90% of the antibiotics. A lot of the pharmaceutical chemicals, the APIs used in the production of pharmaceuticals, cortisone, all of these things, ascorbic acid – if that gets cut off we have no pharmaceuticals, we have no antibiotics, you know enough with the, the place comes down because lack of semiconductors, the place comes down because we have no medications. Our PPEs and so on are built in those areas, a cut off in those areas would be calamitous.”

Naomi: “Here’s MEP Stéphanie Yon-Courtin again on better competition policy Europe needs:”

Stéphanie Yon-Courtin: “If the political will is there, that’s another question. Let me name a few, four main milestones. First I think a paradigm shift in the objective of competition policy – the objective of competition policy I think has moved from a single perspective of maximising the interest of consumers to a more balanced objective, particularly with regard to taking into account Europe’s industrial interest. Second is the resilience – the resilience is now mentioned clearly as an objective of competition policy, and from now on competition policy instruments will also have to take into account resilience issue for all supply chains, that’s quite new. Third point is the announcement of a new competition framework, you know, including stated for semiconductors. I think this is a major step forward and a kind of an implicit recognition that the current framework is not adequate to address the urgency of the crisis and the importance of this dependency issue. We need to multiply this approach I think without waiting to be paralysed by drug, semiconductor shortage and think about now, right now for Europe. And the vaccine crisis has shown us that being excellent in research is not enough to meet our needs, we need to know how to produce, we need the right scale and vision necessary to overcome persistent industrial weaknesses.”

Naomi: “Big challenges – much of them caused by markets and market domination by a few companies. But that sounds to me like many European governments are recognising that States can no longer just stand aside. And at the heart of all of this has been misconceptions about ‘competition.’ You hear that word all the time, but in the neoliberalist era it moved from meaning businesses competing with each other on innovation and efficiency, to competiton between nations – so, governments climbing over each other to cut labour rights, cut taxes, cut regulation; a race to the bottom. In the long run that reduces real competition when it comes to creativity and diversity – small and medium companies get crowded out and governments don’t seem to know how to encourage anything else. And something as valuable as ‘collaboration’ doesn’t get a look in. But, going back to the pandemic for a moment – despite all those troubles in – for example – sourcing PPE during the pandemic across the world – do you remember that? What’s happened since then? Well, most countries have defaulted to relying blindly on markets again. Christopher Gopal again:”

Christopher Gopal: “From all my discussions with people in Europe and they’ve been mainly companies I have to have add, nobody, not Europe, has governmental policy. We are going back to the old normal, you know the financialisation of the supply chain where we hit just-in-time inventory, lowest cost, assets going out and for instance one of the biggest companies in the US, in the world rather, has just announced that they’re going back to China for cheap chips. Not having learned any of the lessons.”

Nick Shaxson: “This is about the corruption of markets really and this is about markets not working as they should.”

Naomi: “Nick Shaxson again:”

Nick Shaxson : “I think the United States has been so lax for so many years that anything that Europe does look good. Having said that, the record in Europe is appalling. Just for example I was looking the other day at the merger statistics. I think they get about 15,000 mergers a year in Europe and of those maybe I think three or four hundred get notified you know ‘here’s the merger it’s potentially gonna cause competition concerns, you guys are gonna have to look at it.’ If you look at the record of the mergers that are notified, which are mergers of potential concern since 1990, 0.4% of those have been prohibited – almost nothing – they just don’t block mergers, so that’s a sign that there’s serious trouble. Anybody who looks around in Europe will know that we have a problem with big pharma, with big agriculture, with big retail, with big tech, with the big four accounting firms, with big banks – we’ve got the same problems. We have social democracy here in Europe that takes off some of the hardest edges of these things but I think that whereas social democracy in Europe has been quite effective in certain areas such as tax policy, in terms of excessive concentrations of power, I think Europe has basically drunk the kool-aid. The fines that you see – several billion dollars on the the tech giants look big – you know once you have the number of billion in there it makes a great newspaper headline but again it’s almost a rounding error in the actual size of the profits that these companies are making, so Europe is especially weak in this area. It’s a very nuanced picture, of course there are positive things you can say about Europe, but Europe is not in a position at the moment to spread a beneficial Brussels effect around the world in this area. We’re working with hope to spread this new story and over time this is something that takes years to do to shift things in Europe so that Europeans wake up and I think Europeans are quite capable of waking up and doing things differently, I think there’s a lot of questioning going on.”

Naomi: “Nick Dearden again:”

Nick Dearden: “To prevent the increasing concentration of capital is really important. The problem is, I think competition regulators over the last 40 years have almost forgotten how to do that job. Although I am heartened by the fact that an antitrust activist was appointed, to the head of the US central regulation body, Lina Khan, and I’m even more heartened that she seems to be taking that job really seriously, I mean, only this week really interesting that they’re challenging a big pharma merger. And so, you know it is not the only answer, but it is part of the answer. We’re in this economy, which is supposed to be all about, you know, promoting small businesses. And we hear this from government all the time, and it’s just the opposite of the truth. In the sector I know best, the pharmaceutical sector, your only option, your best business model is ‘how can I get bought out by Pfizer?’ That’s it! I mean, what kind of a balanced economy is that creating? None, obviously.”

Naomi: “Yeah, quite! So what are the key things would you say to tackle market concentration,
monopoly power?”

Nick Dearden: “I would argue three things. First of all, what Biden has already started to do, which is industrial strategy, which is using the power of the state procurement and so on to begin shaping the economy. The thing I want to make sure is that doesn’t just become a form of corporate welfare, that doesn’t just become about de-risking the kind of investment that you want. There’s got to be a very clear public return. If we are putting this in, what do we expect back? And that’s gotta be about reshaping the way that the private sector operates. I think the second thing obviously is, is more use of alternative forms of economic unit, whether that be public sector but also, you know, cooperatives, I mean, let’s give some real competition to these behemoths and create that more balanced economy. And that’s not just gonna happen, you know, that needs a framework and a plan by government. And I think third, and I know this is gonna be welcome on your show, it’s financial regulation – because the deregulation of finance is absolutely crucial to how all of this happened. I mean, two or three massive investment funds now own a significant proportion of virtually all corporations traded in London and New York, and they are driving these kind of incentives ever more towards profit maximisation, and that is helping this corporate concentration, there’s only the big monopolies that can thrive in this kind of world. Because of financial deregulation, of course, as well, these behemoths can shift their wealth around the world and avoid taxes because we have such a financialised economy – as we’ve already talked about, you know, big pharma doesn’t particularly make medicines that we need anymore, what its job is, is to maximise shareholder wealth. So financialisation is the other side of the monopoly capitalism equation, and I think we cannot properly bring this kind of economy to heel and make it work in the public interest without controlling that, and without regulating how capital can be used.”

Naomi: “Yes, yes. And tax is such a strong tool for shaping markets and encouraging things that we want to see and discouraging things that we don’t want to see. This comes down to the fundamentals of the purposes of tax, I mean there’s five Rs of tax – everyone knows the Revenue ‘R’ – but the Repricing one is crucial here – pricing damaging behaviour out, and incentivising activity that’s beneficial to the majority of us. I’ll put a link to the five Rs in the show notes, but tax fixes, just off the top of my head – there’s excess profit taxes, financial transaction taxes are an obvious one, wealth taxes, windfall taxes, taxes to address the climate crisis – the list goes on, and governments just aren’t using the taxes that are available to them in the public interest. OK, thank you Nick Dearden for joining me on the Taxcast. He’s got a book coming out all about the pharmacuetical industry later this year – Pharmanomics: How Big Pharma Destroys Global Health – I’ll link to that in the show notes.

So, let’s head to Minnesota now in the United States. There were many eyes on Minnesota this month – we had great hopes, but there was huge scare-mongering by lobbyists, all because it looked like Minnesota might take a historic step in making big companies active there do worldwide combined reporting. It could have raised an estimated $600 million in extra corporate tax revenue over the next two years. Very sadly, the enabler professions and their arguments won the day and the proposal was dropped from the bill. But why do they hate it so much? Here’s Alex Cobham of the Tax Justice Network:”

Alex: “The idea of worldwide combined reporting sounds kind of technical and boring, but it’s really powerful. What we’re talking about is when US states decide the basis on which they’re going to apply a formula to work out how much profit they should be allowed to tax from a given multinational. Instead of looking at their share of the multinationals’ declared activity in the United States as a whole, they would look at their share of the multinationals activity globally. Now what that means is at a stroke, you put a pen through any profit shifting that the multinational is doing anywhere. And you’re just looking at, you know, if 1% of your global sales and employment, let’s say, is in Minnesota, if that’s the formula that you’re using, then 1% of the global profits will be taken as tax base by Minnesota. So you more or less switch to a complete unitary basis, you assess the profits at the unit of the multinational itself and you give up on the arm’s length principle that the OECD and before that the League of Nations have been defending for a hundred years, even though it’s become increasingly clear to everyone that it just doesn’t work, and that profit shifting is the only result of trying to do corporate taxation on that basis.

But here’s the thing, because this is such a good idea, because it is simple and powerful and pretty difficult to, to cheat, there’s enormous interest for the lobbyists in making sure it doesn’t happen anywhere. Because if it happens in one place, whether that’s one US state or one country, as soon as it becomes clear that it works, which, you know, I think there’s a general confidence that it absolutely will, and that it raises significantly more revenue, um, than trying to make arms length pricing or anything else work, then the demonstration effect to everyone else is going to be enormous. Why wouldn’t everyone just do the same thing? And of course, if everyone does the same thing, the effect is that there is no possibility of double taxation. If everyone says ‘we’re gonna take our share of the global profit,’ then if that’s done right, all global profit will be taxed precisely, once and once only. No double taxation, but also no double non-taxation. So if you are a big four accounting firm or one of the major law firms that support multinational companies in their tax abuse, this is guaranteed to freak you out. What you want is to make sure that nobody ever tries it, that they feel the threat, the pressure before they get to that decision point. And they don’t go ahead. You tell them you’re gonna lose all of your investment if you do this, everything will go wrong for you. We will hang you out to dry. We will make an example of you as people who don’t understand how to do corporate taxation. You tell them anything, you tell them, you’ll give them money for their political campaigns if they don’t do it, whatever it is. Not that I’m accusing anyone here of corruption, I’m sure, but the point is, you are desperate to stop that first state, that first country trying this. And, you know, that’s kind of what appears to have happened in Minnesota. We don’t know the basis on which the lead Democrat who brought this all the way forward flipped at the last moment and just took it out completely. But we do know there was an enormous amount of lobbying and we do know that that’s what happened. So we don’t know the basis of that decision, but you can be sure similar things will happen in each other case.”

Naomi: “I bet! If Minnesota had passed this proposal to implement combined worldwide reporting it could have shone the light not just for other US states to follow, but for other countries too – they could implement this couldn’t they?”

Alex: “The G24 group of lower income countries brought forward a proposal, you know, not dissimilar to do that globally, within the OECD inclusive framework process. And that was what pretty much demonstrated that the inclusive framework was not inclusive because the framework group of countries agreed that that would be the work plan for the secretariat, they would evaluate it and a couple of other options and then come back. And the secretariat at the OECD never did that. They didn’t do it because before they got there, the United States and France did a bi-lateral deal on a completely different approach, and then the secretariat came back to the inclusive framework and said, ‘hey, this is, um, this is the way we’re gonna go instead.’ So it became immediately clear, this is back in 2019, that the inclusive framework was a sham. There was no inclusivity for, for non-OECD members and that that type of option, even though the OECD had promised to the world to go beyond the arm’s length principle in that process, they didn’t mean going that far beyond, just a tiny tiny tiny little bit as they’re now trying in Pillar One. And that’s why the OECD process, of course, isn’t gonna really change the world because they gave up on the original ambition. And again, we’ll never quite be sure if that was the result of really intense lobbying but we know there was an enormous amount of lobbying and we know they were pushing very hard to limit the extent to which the OECD did actually go beyond the arms length principle.
So here we are.”

Naomi: “Here we are, yeah! So, lower income countries already tried to propose something like this combined worldwide reporting in the OECD, the not-so-inclusive OECD – which is after all, a rich countries club? Would it be easier, or harder for countries, rather than a US state like Minnesota to implement this?”

Alex: “You know, it’ll be interesting to see which is the next US state to consider this, given how much revenue it’s likely to to generate. For countries though, there is a limitation, which is that most countries have a significant number of double tax treaties that probably makes it impossible to go straight to a unitary approach of this sort and simply tax your share of the global profit. Now, that doesn’t mean that no one should do it. What it means is you probably want to do it in a group of like-minded countries and agree together that you will set aside these treaties. The European Union is still taking forward its BEFIT proposal, which would effectively do this within the EU. And there’s a question there about whether that can be extended, as in the Minnesota proposal to a worldwide combined reporting basis.”

Naomi: “BEFIT – that’s the EU’s “Business in Europe: Framework for Income Taxation” – it’s supposed to be a ‘single corporate tax rulebook for the EU, providing for fairer allocation of taxing rights between Member States.’ So where do the G24 group of lower income countries go? I mean we all know the OECD isn’t the place to get what they want, so how about the United Nations?”

Alex: “There’s also the process now around the, the proposal for a UN framework on international tax corporation. We know that both the African and the Latin American and Caribbean regional discussions have included the possibility of pushing for unitary taxation, which could be done at the regional or the UN, the full global level. So in a sense, if things get blocked by some OECD member countries, for example, within the UN process we could see regional moves to jointly, unilaterally move towards unitary taxation and their sort. So there’s a lot to play for. That’s a huge amount of revenue involved, in effect the 312 billion, that’s our last estimate for the annual tax revenue losses due to corporate tax abuse by multi-nationals. That would more or less be available to be reclaimed if countries switched to a unitary taxation basis. Bigger amounts of money in high income countries, but a bigger share of current tax revenues in lower income countries. So really a pretty strong incentive for everyone to make that shift. And it’s only the lobbying that continues to hold that very sensible step back. This year might be the year that we see that dam start to crack, and particularly within the UN process and the related discussions. Whether or not this proposal starts to become more concretely possible Minnesota might just be an early sign that this could be on the way.”

EU ambition for DAC8 transparency on crypto is cut short by failure to think outside the OECD box

On 16 May 2023, the Council of the European Union reached agreement on the adoption of the latest proposal for amendment of the EU Directive on Administrative Cooperation (‘DAC’). The proposal for amendment – known as DAC8 – was launched by the EU Commission in December 2022 and serves the general purpose of ensuring that the EU’s automatic exchange of information regime stays in line with the evolving economy. More specifically, the DAC8 proposal intends to extend the regime to also include crypto assets and e-money. The amendment is being adopted under the ‘consultation procedure – general approach’ which means that a subsequent vote in the EU Parliament is necessary, but the outcome of the vote is not binding. The text of the DAC8 amendment agreed by the EU Council differs little from the original proposal by the EU Commission, and this despite the Commission receiving a plethora of feedback from the public during a public consultation round which ran from December 2022 to March 2023.

Automatic exchange of informationNOTEAutomatic exchange of information is a data sharing practice that prevents corporations and individuals from abusing bank accounts they hold abroad to hide the true value of their wealth and pay less tax than they should at home. Learn more here. is one of the core policy measures advocated for by the Tax Justice Network since its inception in 2003. Together with beneficial ownership transparency and country by country reporting, the automatic exchange of information is a crucial part of what the Tax Justice Network calls the ‘ABC’s of tax transparency’, a set of crucial policy tools for the fight against tax abuse and illicit finance. Given that the DAC8 amendment aims to create a more comprehensive framework for automatic exchange of information that also includes information on crypto assets, the Tax Justice network welcomes the initiative.

However, the amendment does not fully seize the opportunity to improve the general efficiency of the EU’s automatic exchange of information regime. Furthermore, the new rules that will apply in relation to crypto asset transactions retain some of the current biases in the DAC, like the strict adherence to information sharing reciprocity in relation to third countries, and especially lower income countries. In addition, it is also far from certain whether the proposed rules catch all relevant crypto asset transactions.

To highlight and suggest solutions to these and other issues, we summarise some of the Tax Justice Network’s recommendations made to the EU Commission during the DAC8 public consultation round. 

1. No country left behind.

As mentioned by the EU Commission in its proposal, the newly proposed rules on automatic exchange of crypto asset information have to be seen in the light of the parallel work of the OECD on its so-called Crypto-Asset Reporting Framework (CARF). The OECD first developed the CARF in March 2022, which was then approved by the G20 in November 2022. As of yet, the OECD has not delivered on developing the CARF implementation package. Such a package would consist of model legislation and a model multilateral competent authority agreement.

With its DAC8 amendment being all but final, the EU gives a clear signal that EU countries will no longer wait for the implementation of CARF. Information provided by foreign crypto asset service providers on resident taxpayer’s crypto asset ownership is a crucial tool to compel tax compliance by crypto asset owners. Such compliance is needed, both for the purpose of raising revenues and avoiding crypto assets putting pressure on countries’ tax gaps, as well as for taxpayer fairness. It simply cannot be that one type of asset is left to slip through the cracks of the tax reporting system.

The DAC8 amendment attempts to fill this crypto shaped crack. Under the new rules, EU Crypto Asset Service Providers (CASPs) – such as crypto exchanges, custodial wallet providers and brokers – will report information on the crypto assets held by taxpayers resident in EU countries. Providers that are not based in the EU will only obtain access to the EU market if they register in an EU country and comply with the reporting rules in this country. This extra-territorial scope of the directive squares the circle: no crypto-asset service provider will be able to offer crypto services to EU taxpayers without being subject to reporting obligations. The EU can afford this approach of leveraging market access to obtain tax information because the region is the world’s biggest crypto asset market. Foreign CASPs cannot afford to lose out on selling services to EU customers.

Obviously, EU countries are not the only ones in dire need of information on their residents’ crypto assets. Especially in lower income countries, where the grassroots adoption of crypto asset amongst the population is reported to be skyrocketing and crypto-induced tax gaps are widening, governments could do with the information on their resident taxpayers’ crypto assets. Many lower income countries cannot leverage market access to obtain tax information from foreign CASPs. The alternative solution of addressing crypto tax compliance issues by instating a ban on crypto assets has proven difficult to enforce. In Egypt, for instance, the government issued an absolute ban on crypto ownership and service provision as of 2019. In 2022, Egypt is reported to be the fastest growing crypto asset market in the Middle East/North Africa Region. Arguably, due to the local ban most locals rely on foreign crypto-service providers to own and transact crypto assets. Without international cooperation, this information is out of reach for the local tax authorities.

From this perspective, the forging ahead of the EU on this topic comes as a bittersweet development. Obviously, any effort to reinstate fairness of the tax system is to be welcomed. The EU should use its market leverage for ensuring global crypto transparency, eg by the speedy adoption of a single global standard, rather than push ahead for a regional standard with regional benefits only. Speeding up development of the CARF implementation package will not be aided by the fact that the biggest crypto market in the world now has its own plan to solve the issue, a plan that due to its extraterritorial reach does not require approval from any third country.

2. Beyond third-country reciprocity: the wider-wider approach in crypto asset reporting

The framework of international exchange of information in tax matters is built on the principle of reciprocity. Under the Common Reporting Standard (CRS), for example, countries exchange financial account information of non-resident taxpayers with only those countries that do the same in the inverse scenario. The idea of tit for tat has some merit in the case of similarly situated countries. But the world is a place of rampant cross-border inequality. Lower income countries simply do not have the administrative resources in place to meet the administrative standards to be eligible to send information, and thus they are not allowed to receive it, preventing them from finding out in which foreign countries local taxpayers have financial accounts. This lack of reciprocity affecting lower income countries makes little sense as well-off citizens of lower income countries tend to rely on financial institutions in high income countries to keep their wealth. The opposite is highly unlikely.

The Tax Justice Network has since long argued that the strict insistence on reciprocity in exchange of information works not only to the detriment of lower income countries but also risks being abused by the host countries of information holders to effectively prevent international administrative in tax matters from reaching its full potential. Allowing intermediaries to distinguish between ‘reportable clients’ (clients residing in participating jurisdictions) and ‘non-reportable clients’ (clients that need not to be vetted because they reside in a non-participating jurisdiction) opens the scope for all kinds of arbitrage and abuse.

For this reason, the Tax Justice Network’s Financial Secrecy Index assesses countries’ implementation of the so-called ‘wider-wider approach’. Under the OECD’s optional ‘wider-approach’, countries are encouraged to implement rules under the Common Reporting Standard which force intermediaries to employ the same ‘onboarding’ due diligence to all clients, both those residing in participating and non-participating countries. The ‘wider-wider approach’ goes one step further by forcing intermediaries to remit information on clients in non-participating countries to their local government. Although the country will not be able (or willing) to automatically exchange the information with the non-participating jurisdiction, it would at least be possible to draw up statistics on non-resident taxpayer activity and assets. The publishing of aggregated statistics on crypto asset information should not be controversial. It’s been shown in recent years that statistics on automatic exchange of information are a necessary tool to hold governments and intermediaries accountable and to reveal reporting irregularities, like penguins owning bank accounts.

The implementation of a wider-wider approach is especially relevant in the case of crypto assets. As noted by the EU Commission in its own DAC8 proposal, the characteristics of crypto assets make the traceability and detection of taxable events by tax administrations very difficult. If the EU wants to assume market leadership in the Web 3.0 era by providing EU CASPs with a solid regulatory framework, it cannot close its eyes to the fact that these EU CASPs might be instrumental to tax evasion in third countries, and especially, lower income countries. As such, it is highly regrettable that the EU has not seized the opportunity to implement the ‘wider-wider approach’ in DAC8 to oblige EU CASPs to provide information on the totals of crypto assets owned by residents in lower income countries. This information is key for those countries to assess the need for the development of solid domestic crypto tax rules and participation in the international exchange of a crypto asset information framework.

3. Call of duty to spontaneously exchange

The implementation of the ‘wider-wider approach’ might not make up for the fact that without legal ground in place (like the yet to be developed a CARF competent authority agreement), EU countries cannot automatically exchange crypto asset information with third countries.

The EU Commission should however have taken the opportunity in the preamble of DAC8 to remind EU Member States that besides the exchange of information rules in the DAC, all of the 27 EU Member States are also party to the Multilateral Convention on Mutual Administrative Assistance in Tax Matters. This convention is signed by over 120 countries, among which are a large number of lower income countries. Under Article 7 of the Convention, a country shall spontaneously exchange information that it has grounds for supposing may relate to a risk of tax loss in another country.

Spontaneous exchanges of information typically take place on a case-by-case basis, are not compulsory, and not comprehensive. As such, they cannot replace the automatic exchange of information. But even ad hoc exchanges of information gathered by European CASPs can help lower income countries to foster general tax compliance amongst crypto asset users, be it to serve as the basis of ‘nudge letters’ inviting taxpayers to correct their tax returns in view of newly received information, or as the start of full-blown tax investigation procedures of recalcitrant taxpayers.

Both the European Commission and the EU Member States should be reminded on this point that under article 208 of the Treaty on the Functioning of the European Union, the EU has accepted, as part of its development cooperation policy, to comply with the commitments approved in the context of the United Nations, like the UN’s Sustainable Development Goals. Arguably, the development of a crypto asset tax reporting system which serves the EU Member States own interests but that does not live up to its potential to contribute to domestic resource mobilisation in lower income countries, fails this obligation. 

4. Silent elephants in the room: self-hosted wallets and decentralised exchanges

A final issue in the DAC8 amendment that deserves attention is the fact that the proposed reporting rules stay silent on the concept of self-hosted crypto wallets and decentralised crypto exchanges. Self-hosted crypto wallets allow individuals to set up accounts to own and transact crypto assets over the internet without the involvement of a CASP. Decentralised crypto exchanges are smart contracts embedded in the blockchain which provide for the ability to exchange crypto assets online and in a decentralised way, ie without the involvement of an intermediary. The DAC8 rules are however conceived on the mould of the DAC2/CRS rules and, as such, based on the assumption that crypto users rely on intermediaries to own and transact crypto assets. Just like in the case of the Common Reporting Standard, obliging these intermediaries to report on crypto users’ assets and income is presented as the silver bullet to tax compliance.

It is worth nothing that the crypto ecosystem is, however, fundamentally based on the premise of disintermediation. Unlike in traditional finance, intermediaries – the CASPs – are not indispensable for users to own crypto assets or undertake exchange transactions. Self-hosted wallet users can easily trade crypto assets by relying on peer-to-peer trades or by relying on fully decentralised applications. Given the lack of service provider involvement, this ‘dark side’ of the crypto ecosystem is fully out of the reach of tax authorities.

Under the new rules, CASPs should report transfers of crypto assets to or from self-hosted wallets, ie crypto wallets owned by users without involvement of a custodial entity. The EU commission admits this reporting is needed to help “track the wealth of a particular taxpayer”. The Tax Justice Network commends any measure that serves the purpose of registering wealth. It is highly doubtful however whether this measure alone – which echoes the extension of the ‘travel rule’ to crypto transactions under the EU Transfer of Funds Regulation as part of the 6th anti-money laundering package –  is sufficient to deal with the phenomenon of self-hosted wallets. This doubt seems to be shared by the G7 Finance Ministers, who in their meeting communiqué of 13 May 2023 are calling for solutions to address the risks associated with peer-to-peer crypto-transactions beyond the implementation of the travel rule. As acknowledged by the European Commission itself, there is a clear need to track the wealth of crypto users, both for tax purposes and for anti-money laundering purposes. The global ownership of bitcoin, for example is both highly concentrated in the hands of a few owners who mostly rely on self-hosted wallets. Compulsory declaration of self-hosted wallet ownership by EU taxpayers and a European asset registry for crypto asset ownership above a certain monetary threshold are the only effective ways to track crypto wealth in the EU and to deal with the crypto ecosystem’s decentralisation and anonymisation in a technology neutral way.

The problem of self-hosted wallets is further exacerbated by the gain in popularity of decentralised exchange services. Decentralised exchange services are blockchain based applications that effectuate crypto asset trades between users entirely through automated algorithms and smart contracts. Like self-hosted wallets, fully decentralised exchanges allow exchanging crypto assets without involvement of a standard ‘centralised’ intermediary. Decentralised applications without identifiable persons with control or sufficient influence does not give rise to CASP status under the proposed DAC8 regime. As such, they allow crypto asset users (and especially those using self-hosted wallets) to exchange crypto assets without incurring any reporting of the transaction for tax information exchange purposes. Here too, the EU Commission is well-advised to devise rules on the registration or reporting of decentralised application use.

Without rules that fix the loopholes created by self-hosted wallets and decentralised applications, the DAC8 main purpose, which is to restore fairness in the tax system by ensuring tax compliance on crypto asset income just like any other income, will not be attainable.

5. Additional recommendations to maximise the DAC’s potential.

Finally, in the public consultation document, the Tax Justice Network makes a number of general recommendations to improve the DAC framework as a whole. These improvements are not included in the DAC8 amendment, but they should be if this latest amendment of the DAC is to live up to the DAC’s purpose as explained in one of DAC8’s recitals.

Recital 35a of DAC8 provides that:

It is essential that the information communicated under Directive 2011/16/EU is used by the competent authority of each Member State which receives this information. Therefore, it is appropriate to require the competent authority of each Member State to put in place an effective mechanism to ensure the use of information acquired through the reporting or the exchange of information under Directive 2011/16/EU.

Recital 35a was not included in the original proposal by the EU Commission. Its addition by the EU Council hopefully signals a willingness to make work of measures focusing of effective use of exchanged tax information, be it for compliance programmes, risk assessments or general audits.

The Tax Justice Network has since long advocated for measures that make the most of exchanged tax information, also for the purpose of wider policy development in the field of tax and anti-money laundering. As mentioned above, an important first step in this regard is the introduction of rules on the compulsory publication by EU Member States of aggregated statistics on information exchanged per-country on financial accounts and – in the near future – crypto assets. The EU should in this regard follow the example of countries like Argentina, Australia and Germany which recently have started publishing statistics on financial accounts held by non-residents. Additionally, the EU should adopt strategies for Member States to be able use the exchanged data in a pro-active way to map hidden offshore wealth planning.

The EU should also consider the introduction of measures that combine beneficial ownership transparency with exchanges of tax information, be it on request, spontaneous or automatic exchanges. Such measures are needed to tackle the loopholes in the exchange of information framework in the case of individuals holding bank accounts through foreign companies. This loophole was already pointed out by the Tax Justice Network at the time of inception of the Common Reporting Standard in 2014 but continues to persist until today.

A final recommendation concerns the specialty principle and the need to remove this principle from the DAC. Under the specialty principle, information exchanged under the DAC can only be used for tax assessment and tax fraud investigation purposes. However, the exchanged information is often instrumental for the investigation of closely related crimes, like corruption or money laundering. Just like many Latin American countries do under the Punta del Este Declaration, the European Union should also allow natural synergies to take place between administrative cooperation on tax matters and the fight against money laundering and corruption.

Conclusion

The EU is right to press ahead with addressing the secrecy and tax abuse risks posed by crypto assets. The OECD’s delay in putting out a timeline for the implementation of the CARF has meant the harms of crypto asset evasion continue to rack up. However, for third countries and especially lower-income countries, the adoption of DAC8 does not solve this problem.

DAC8 furthermore perpetuates some of the existing flaws in the DAC and in the OECD’s Common Reporting Standard, like the requirement of strict reciprocity for information exchange. Given the market leverage it wields in the crypto industry, the EU had a real opportunity to design a system that would secure transparency for all countries. DAC8 also perpetuates certain flaws present in the OECD’s CARF proposal, like the lack of a solution to deal with peer-to-peer crypto transactions.

Finally, the DAC8 amendment also squanders a good opportunity to revise the DAC regime as to the effective use of the exchanged tax information. Various measures can be taken and have been suggested, but besides recognising the problem in the preamble, DAC8 does not deliver.

Nick Shaxson: Leaving the Tax Justice Network

Some reflections on how a small band of people sparked a global movement.


Tax Justice Network announced today that tax justice pioneer Nicholas Shaxson is leaving the Tax Justice Network to co-lead the newly-established Balanced Economy Project. We thank Nick for his outstanding contributions to the development of the tax justice movement, and wish him all the best.


One afternoon in Amsterdam in 2006 I took a phone call from John Christensen, who I’d come across before as a private investigator of interesting trends in troubled countries. As a journalist, I’d been living in and writing about west African petro-states since serving as a Reuters and Financial Times correspondent in Luanda in the early 1990s during the Angolan civil war. Until I took John’s call, I assumed that would continue to be my career.  

I was just about to publish my first book, Poisoned Wells, about how oil mixes up with politics, war, culture, foreign meddling, international banks, and ordinary people’s lives in six oil-rich but poverty-wracked countries – Angola, Nigeria, Gabon, Congo-Brazzaville, São Tomé and Equatorial Guinea.   

I was fascinated by something that all these countries shared.  It wasn’t just that crooked leaders were looting their countries, and that the money was being wasted. There was plenty of that, but many of these countries seemed to be even poorer than if they’d had no minerals. Research from the mid to late 1990s backed this up, suggesting that mineral-dependent countries like Angola tended to be poorer, more conflicted, more corrupt, more dictatorial, and more unequal than their resource-poor peers. They were calling this the ‘paradox of poverty from plenty.’

This certainly matched the Angola I knew, where minerals had created the resources, twisted the motivations, and widened the divisions, that fed a very hot civil war. There were other factors, of course: cold war rivalries, South African meddling, ethnic and linguistic issues, and not least the psychopathic megalomania of UNITA leader Jonas Savimbi. But still.  

I had no idea then, but oil in Africa would later help me understand my own country, the United Kingdom, and inform my future work on tax havens with the Tax Justice Network

Pouring oil money in at the top

Each of the six countries I wrote about in Poisoned Wells had its own unique political, cultural, ethnic, and economic soap operas going on, and each are as different from the others as Britain, France or Germany, say, are from each other.

But the common characteristics are striking, once you look for them. If you pour oil money in at the top of a country’s political system, starting with the president, then this will shape not just the economy, but the political system as it sluices down. Top-down politics becomes a game of allocating resources downwards, in exchange for political support. Underlings jostle for access to the rents, and this generates conflict, worsening any existing ethnic, regional or other cleavages. Politicians lose sight of the difficult challenges of nation-building and instead turn their attentions towards getting access to the oil-fed cake. Meanwhile, roller-coaster oil prices, which ranged from some $10 a barrel in the late 1990s, to over $150 within a decade, play havoc with planning. When minerals make up 99.5 percent of your export revenues – as was the case with Angola when I was there – turbulence in world commodity prices causes mayhem.

And oil crowds out other economic sectors. It raises local price levels that make locally produced tradable goods and services more expensive versus imports, in a “Dutch Disease” that cripples local agriculture. All the most talented and best educated people flock to where the money is: either the oil sector itself, or thoroughly oil-dependent sectors like banking or construction. Other economic sectors that aren’t oil-dependent, like agriculture, don’t stand a chance. You could buy plump Brazilian-grown chicken in the local Roque Santeiro market cheaper thanthe scrawny home-grown versions.

The tax haven sinkhole

We’d all heard of tax havens: but for me they represented simply an end point of my investigations at the time, a sinkhole where corrupt leaders’ money disappeared. This was never more real for me than when I stumbled rather haplessly (long story) into the heart of the “Elf Affair,” then Europe’s biggest corruption investigation since the Second World War. On my first visit to Gabon, campaigning magistrates in Paris were just then uncovering a gargantuan web of bribery and corruption that revolved around oil-rich Gabon, whose ruler Omar Bongo allowed his oil industry to become a kind of weird oily offshore turntable for the secret financing of French political parties, the intelligence services, and global-scale bribery on behalf of French multinationals.

The Elf blob? was skittish about my arrival: they sent a mysterious man, Monsieur Autogue plus an assistant, to shepherd me around: they even appeared to introduce me to what felt like a classic honey trap, in the form of a beautiful “Air France stewardess,” whose attentions I rebuffed. Something weird was afoot, that much was clear – and offshore was at the heart of it all. In the words of Eva Joly, who led the investigations in the Elf Affair, back then, havens were impenetrable fortresses. “The magistrates are like sheriffs in the spaghetti westerns who watch the bandits celebrate on the other side of the Rio Grande,” she said ruefully.  “They taunt us, and there is nothing we can do.” And at the heart of much of the chicanery, she accused, lay Britain. That was a bit of a surprise.

There was almost no understanding of the offshore world: It was an exotic sideshow to the global economy, a racy and exciting place of James Bond films, usually located in small islands peopled by mafiosi, a few celebrity tax-dodgers, assassins, tax dodging millionaires, rock stars, drug mules, racing drivers and spies. That was – I’m not exaggerating – about as far as anyone’s understanding went.

There was no body of serious academic research, no economic analysis, little that anyone had drawn together. The best-known work was by Susan Strange, who saw the offshore problem clearly and early, but she was shouting into the ideological vacuum of an earlier era, and died in 1998.  There were rare publications – such as the book International Business Taxation from 1992, which had a strong influence on John. Most of the other academic and professional voices out there who had already ‘got it’ – I won’t name them, for fear of leaving people out – were previously isolated voices who ended up coming together as pro bono Senior Advisers to TJN.  But until TJN put a flag up and brought these disparate people into the tent, the issue had barely been on the radar. And it was all secret.

The dark heart of globalisation

Which is why that call from John Christensen in 2006 was so stunning. I was instantly hooked: I arranged to meet him soon in London, and over several hours he laid out an extraordinary tale. John had previously served as the Economic Adviser to the British tax haven of Jersey, and had worked in the corrupt world of offshore trusts before that, always with a view to exposing the system one day. He described the offshore phenomenon from an economist’s perspective for the first time. This wasn’t an exotic sideshow to the world economy: it was right at the heart of the globalisation project: its dark heart.  

From that meeting, I took away three big lessons.

The first thing I learned was that tax havens weren’t where I thought they were. The traditional view of tax havens as being small islands, plus Switzerland, had given way to an understanding that arguably the two biggest tax havens in the world were the United Kingdom and the United States.

People from around the world could park their wealth in these countries – whether as real estate, bank accounts, share portfolios, or whatever – and neither their home-country governments, tax authorities nor law enforcement agencies, had a hope in hell of finding out what they were earning, or what they owned. The most interesting part was what we later came to call the British spider web: Britain’s network of semi-independent Crown Dependencies (such as Jersey, Guernsey) and Overseas Territories (including Bermuda, Cayman, British Virgin Islands.)

The OECD, the club of rich countries, had had a go at reining in this system in 1998, but got beaten back by a consortium of libertarian lobbyists, tax haven operators and conservative ideologues – along with the governments of the biggest players in the system: Britain, the United States, and Switzerland. They wanted to keep the money coming in.

The second message I took from that day was that this phenomenon was far bigger than anyone imagined: enough to throw off-kilter the external capital accounts of large rich countries like the United States. Financial liberalisation had freed up international financial capital, under a lovely theory that it would flow efficiently to where it could be put to best use. So poor countries in Africa, the thinking went, are capital-starved: so open up their borders to the world’s money, and it will flow in, generating returns for investors, and much-needed investment. John had had a frontline view of one of the key reasons why this happy fantasy wasn’t working. After financial liberalisation, capital was flowing out, under the table, into tax havens. Loans into some African or Asian or Latin American countries, for instance, were being snaffled by the élites, and then sent out to tax havens, creating a small layer of rich African elites, creditors to the rich-world banking centres, alongside enormous debts, on the shoulders of ordinary Africans.

The third message, which perhaps fascinated me most of all, was that tax havens were not just tax. When elites took their money offshore they were removing it from the rule of law: they were escaping tax, escaping disclosure, criminal laws, labour laws, financial regulations, inheritance rules: pretty much any responsibilities that elites didn’t like having to bow down to. 

This was Eva Joly’s Rio Grande: rich and powerful elites were escaping offshore – elsewhere – to do the things they couldn’t do at home. And the world’s richest and most powerful countries were running the game. It may seem strange now, but back then, almost nobody knew this! (except for the rich and powerful who were benefiting of course)

John was looking for a writer to tell this story that he and a few others had been putting together. Was I interested?

Transfixed by The Story

I had never heard anything like this. Crucially, this information was coming from an insider: this was someone with credibility and experience. As I left that meeting I felt as if I possessed some sort of secret knowledge, which in a way, I did. Within days – truthfully, probably within an hour, a sudden career change had become inevitable for me: a switch from oil-in-Africa to tax havens. My book Poisoned Wells was about to be published, and it was a natural time for me to make the shift.

I joined the Tax Justice network in 2007, on a part-time contract (they didn’t have enough funding to pay me full time, and I was too transfixed by this story for this to stop me.)

My early work with the Tax Justice Network involved two things. The first was to pitch and write a book about tax havens, laying out this agenda. My second task was to write stuff for the Tax Justice Network: blogs, reports, and so on. But before getting into this, it is well worth a digression into the Tax Justice Network’s origin story, which preceded me by a few years.

Tax Justice Network’s cheap, scrappy origins

John had worked undercover in Jersey for many years, and left as a whistleblower, having exposed a large bank scandal to the Wall Street Journal in 1996. Outed as a ‘traitor’ to his island, he went to London, where he worked on various projects, including spurring and informing an Oxfam report on tax havens in 2000, which was far ahead of its time. In October 2002 he got a call from three elderly Jersey folk who he didn’t know: Pat Lucas, Jean Andersson and Frank Norman. They flew to see him and, from memory of my discussions with John, the conversation went along these lines:

“Offshore finance has taken over our beautiful island, and we wondered if you could help us get rid of it.”

“Er . . . well, this is a huge interconnected global phenomenon, and you’d have to take on the whole world to get rid of it just in Jersey. Tricky.”

“Still, let’s do it!”

“Alright then!”

And so it began. They held car boot sales and found other ways to raise money, and provided some seed funding for the Tax Justice Network. John began to organise. Once you put a flag in the ground and say you’ll do something, you will tend to attract people you’ve never heard of, who have been thinking along similar lines. It was hard – fundraising, in particular – but interesting characters began to show up.

When I joined in 2007, the Tax Justice Network had two salaried employees: John, on a tiny full-time salary, and me, on a tiny part-time salary. That was it. We had several expert fellow travellers around us, providing pro bono advice, principally on international tax. (You can see who they were, here.)  Perhaps the most similar outfit, already with a venerable pedigree back then, was the excellent US group Citizens for Tax Justice, although they were very domestically focused and didn’t put too much energy into the tax haven stuff.

The Tax Justice Network ended up having a transformative effect on global finance, building an incredibly powerful global movement from these tiny origins. Our first signature policy proposals were widely derided as utopian, pie in the sky, leftist nonsense – and yet all of them, to one degree or another, are now mainstream policies endorsed and applied by international institutions and governments around the world. 

A few days after I joined in 2007, The Economist ran a cover story and collection of articles on tax havens, basically laying out a trickle-down tale that the havens were efficient, friction-free conduits of finance around the globe, and “good for the global financial system”. It quoted John briefly, framing him as carping from the sidelines, adding a sneering “not everyone believes him.” (It also tended to run sleazy advertisements on its back pages, offering dodgy and presumably criminal-friendly offshore secrecy services.)  Just six years later, the Economist ran another cover story and special report on tax havens, far better-informed, headlined “Storm Survivors,” reflecting the post-crisis battering that tax havens had taken from publics and governments around the world. Tax havens were (and are) far from dead, but there has been tremendous progress in tackling some of the worst elements of the system. We were far from the only factors, as I’ll soon explain – but we played a role.

So I’d like to offer some reflections now, on the ingredients of success, of which we were one important element. I will avoid the “theories of change” donor-speak here: these are my personal reflections on what I saw.

Win a fight, not a seat at the high table

My first tasks were to run a cheap, scrappy blog (I’ve just looked, and to my delight it’s still there.) I often tried to pump out a story or so a day: mostly short, spiky articles commenting on events of the day, each one seeking to lay out a couple of messages. Many blogs took less than ten minutes to write, were often highly irreverent: approval times usually took five minutes or less. 

We published a photograph of the tax justice headquarters: a shed at the bottom of John’s garden, where he kept his papers and often worked. The Cayman Islands tried to use this photo to smear us: evidence that we weren’t serious, but they simply failed to grasp what we were doing. We pulled stunts such as writing to our dear (now departed) Queen to explain what her Overseas Territories were doing in her name, and publicly attacked Very Serious People defending the indefensible. I remember a stand-up row with a sneering Cayman Islands regulator at a conference in Geneva: he had previously called me an ‘imbecile’ in public and had been expecting to give me a good kicking in front of a home crowd. (He didn’t, and afterwards, he refused to shake my offered hand.)

There wasn’t much detailed evidence to go on beyond what we had seen in our investigations, some basic measurements, and John’s undercover work, but that didn’t matter too much: this was long before academics and others started piling in, prodding and measuring the phenomenon, essentially confirming what we knew. What we had at the time was a story: a big and coherent new story about how the world works.

The historian Ben Phillips, in his recent book How to Fight Inequality, talks of an “evidence based paradox” where many people believe that collecting good evidence is the way to force policy change, when there is little historical evidence of that working!

“I remember sitting in a room full of economists exchanging formulas with Greek letters. Then I raised my hand, ‘just wondering, everyone here seems to see it as their role that they will present the facts that will explain to leaders how inequality is harmful, and what policy mix would reduce it, is that right?’ I was told ‘yes.’

So I said OK, can anyone tell me about when and where doing that brought a noteworthy reduction in inequality? They went very quiet. Then they started laughing. There had been no historical example of that unspoken assumption ever delivering.”

We were never anti-evidence, of course: far from it. We did a few big set-piece reports, notably Jim Henry’s Price of Offshore, Revisited, laying out some very big trillions stashed in tax havens, which got worldwide attention. But, more than anything we had a story: a story filled out with analysis, some evidence, insider knowledge, argument, human stories, outrageous facts. Crucially, this story was internally coherent, and worked across multiple dimensions.

Philips offered three core ingredients for success. First, overcome deference: don’t tiptoe around trying to get a seat at the high table. Speak truth to power, and be a troublemaker. Second, wield a story. These two, we had. His third piece of advice was to organise. Build power together with others.

Let a thousand flowers bloom

It was obvious to anyone who gave it a moment’s thought, that this tiny band of people couldn’t change the world on our own. So we decided to take our story to different constituencies, on the principle of “letting a thousand flowers bloom.” Let’s show powerful constituencies the story, show how it was relevant to them, and let them run with it.

So we started going to big development NGOs, who at the time were fretting about increasing official aid levels to poorer countries. Look, John would say at their events, you’re worried about how much money is flowing IN to Africa: but aren’t you worried about the bigger sums flowing OUT, under the table, into tax havens? Initially, he would tend to get a message ‘interesting, but we’re very busy and can’t take on new stuff’, but quite soon lights began to go on in people’s heads, and soon we had a whole new set of allies, pulling roughly in the same direction as us, in our own way. They were incredible force multipliers.

Tougher to crack were investors, who’d get together to try to improve ‘corporate social responsibility’. John would stand up and tell them that their first responsibility was to pay tax. This kind of thing was personally hard: it was like he’d thrown a live snake on the table in front of them. But, once again, lights began to go on, and we could feel the activist holy grail: traction.

We began to get traction. First journalists, then governments, began to pay attention.

But beyond the three ingredients of overcoming deference, being troublemakers, and wielding a story, we added others.

Story, story, story

The small band of people around the early-years of Tax Justice Network had crafted a number of raw elements of a stunningly powerful new story about how the world really worked, and one of the most compelling answers to the question, “Why has globalisation been so disappointing?” My job was to package up these different ideas into a book, a single place where they could be brought together

Originally called The Threat from Offshore, I was persuaded by a friend at The Mirror newspaper, and my agent, to give it a better title: Treasure Islands. John and I originally discussed it as a kind of reverse Heart of Darkness: a journey from the badlands of the world’s poorest and most troubled nations, into the world of global money’s real Heart of Darkness: the City of London and related havens. My agent, however, persuaded me that the complexities of trying to marry different elements of our narrative with complex elements in Joseph Conrad’s original classic could easily go awry: so I settled for a more conventional investigation.

I moved to Switzerland (conveniently, but ultimately for family reasons), and took the raw story elements that others in the network had developed, melded them with things I’d learned from oil-in-Africa days, conducted new research, wrapped it in a bit of a populist writing style, and in the book created a weird, but evidently readable, new synthesis.  Treasure Islands was stunningly successful: if the new story was anywhere, it was here. It sparked at least three films (including the Spider’s Web, now on Netflix) and became required reading for any journalists or investigators working in this area.

This will likely come across as arrogant: but I’m immensely proud of this episode, and the success of Treasure Islands is an integral part of the analysis here, so please bear with me.

Marta Luttgrodt outside her stall in Accra Ghana
Marta Luttgrodt outside her stall in Accra Ghana – Photo credit: Jane Hahn/ActionAid

There is nothing like a human story, or an anecdote, to get your message across. One of my favourites came in an ActionAid report, which highlighted a small Ghanaian stallholder, Marta Luttgrodt, who lived in the shadow of a giant SABMiller brewery. The report explained (my emphasis added):

“She pays annual tax stamps to the authorities and says, ‘If we don’t pay, they come [to lock our stalls] with a padlock.’

SABMiller has been shifting so much of its profits out of Ghana and into tax havens that its Ghanaian subsidiary has been declaring a loss, thereby paying no corporation tax.

Incredibly, this means Marta has been paying more corporation tax in Ghana than the giant multinational whose UK parent company declares profits in excess of £2 billion a year.’

Holy shit! Does that make you angry, dear reader? It still gets me, 12 years later on.

Act where the power is

Activist organisations have limited capacity, so you have to prioritise. Globally, where should we focus? If Africa is being looted, and the wealth is being stashed in rich-country tax havens like the British Virgin Islands, where do you act? Africa, where the pain is? Or the UK, where the power is?

Obviously both, but as we had to prioritise, we focused firmly and deliberately on the latter: where the power is, where change will have its most significant impacts.

One of our earliest outputs was the Financial Secrecy Index (FSI), a ranking of the world’s most dangerous tax havens, which a few of us decided to set up at a meeting in Nairobi in 2007. The intention was to counter stories like Transparency International’s world-famous Corruption Perceptions Index, which tends to rank African countries as ‘most corrupt’ and rich countries as ‘least corrupt.’  The Financial Secrecy Index basically flipped the Corruption Perception index upside down, pointing to rich countries as the Heart of Darkness. Although it would have been far easier to fundraise for putting a lot of our efforts into events and reports from an African perspective, we decided to focus on creating headlines in countries like the UK. This, at times, led to accusations of western-centrism on our part. These accusations held water, but we held this course because we thought we could achieve global change faster this way.

But we also nuanced this rich-country focus with a crucial bit of framing. We did not pose this as a battle between rich countries and poor countries (even though there was plenty of this, for example in the rules of the international tax system, set up by the OECD, a club of rich countries.)  Instead, we framed this as a battle pitting the offshore-diving elites in every country, rich or poor, against ordinary people in every country, in a shared international struggle. Activists gluing themselves to shop windows in London to protest domestic tax dodging, found common cause with protesters in South Africa or India or Brazil, suffering similar oppression, and worse. 

For example, the first big newspaper investigation inspired by the Tax Justice Network was an investigation into the sale of bananas from poor countries in rich countries, with a tax-dodging paper trail via tax havens. The big multinational was escaping paying tax both in poor and in rich countries: here was a shared international agenda.

Hold everyone’s feet to the fire: don’t get deflected

Responses to our work often involved the ‘either-or’ fallacy, as in, ‘we, a big multinational, are just following the tax laws as they are written, don’t criticise us for responding to shareholder demands to cut our tax bill, go after the governments instead.’

The answer to this is simple: criticise both, criticise them all. The governments, the multinationals, the tax accountants and bankers and other ‘enablers’ of tax-dodging, Not least, because tax systems are significantly the product of lobbying by the multinationals and their advisers!

Join the dots

The tax justice movement’s story could be made relevant to almost anyone, and we deliberately played on this, seeking to bring people together from many walks of life. TJN itself, when considered along with its expert advisers, was made up of accountants, economists, lawyers, and journalists, so was itself already bound to create an interesting new synthesis, just in the bringing-together.

But also, our ability to tell essentially the same story about tax havens to different constituencies – from trade unions worried about paying for public services, to development NGOs worried about revenue losses in the Global South, to rights-based groups concerned about the erosion of democracy at the hands of untouchable elites, the same basic story applied.

Moreover, the anti-tax haven story could appeal across large parts of the political spectrum, from left to right. For the left, we framed this as being about elites escaping the law, about inequality, and about unfairness. For those more to the right, tax havens can be portrayed as corrupting markets, worsening monopoly power, and threatening the rule of law and national security. We pulled all these levers, and then some.

Choose your terrain

A bedrock of expert credibility is essential, in any fight like this. But more important, perhaps, is to choose your own battleground. Tax havens are hotbeds of loopholes, obfuscation, subterfuge and complexity, and we sidestepped this at every opportunity. Were SABMiller’s tax schemes in Ghana legal? Most likely their tax accountants made sure that they were (although beware: a lot of this kind of stuff is  less ‘legal’ than is commonly reported). In cases such as this, we could have dived into incredible arguments about clauses in tax treaties with Mauritius, arguments about price transfers between subsidiaries, and plenty more. Had we done so, we’d have been fighting on the accountants’ terrain, and very difficult territory, despite the tax experts we could rely on.

Instead, we dragged this into the terrain of economics, fairness, democracy, inequality, and so on: a rich multinational is paying zero tax in a poverty-stricken country. Elites are escaping the rule of law, and this is eroding everyone’s faith in their political system. Poor people like Marta Luttgrodt are paying their taxes but rich people aren’t: this is making the world more unequal. Vladimir Putin and his cronies are using the City of London and its satellites as bolt-holes: this threatens our security. Those arguments are slam-dunks, and you can explain them to anyone in a bar who’s willing to chat. Here is the problem to fix: we’ll offer solutions, build political support – and we can deal with the fine print later.

And you can build this into your let-a-thousand-flowers-bloom strategy of constituency-building: each aspect of unfairness or danger can be showed to people or groups fighting in that area, and with luck you’ll persuade them to run with your arguments too.

Appeal across the political spectrum

The leaders of the tax justice movement would mostly be labeled left-wingers. But in truth, we always believed that we had a good story to tell for many people who’d describe themselves as centre-right or even right wing.

For those on the left (sidestepping what this fuzzy and shifting term means), we talked about how tax havens boost inequality, undercut democracy, create impunity for rulers and billionaires, erode tax systems, and so on. For those on the ‘right,’ we talked about how tax havens corrupt markets, damage democracy, hurt national security, and feed global organised crime. We had more success with the former constituencies, but a fair share of success with the latter too.

Be lucky, especially on timing

Four crucial elements created the foundations for a thriving movement today.

First, the global financial crisis unleashed a giant tidal wave of public indignation, from 2007 onwards. Angry voters in many countries were furious with the mess that their out-of-touch, law-escaping elites had made, and nowhere was more emblematic of this failure than offshore. The Occupy movement tapped into this – a number of Occupy protesters held up pictures of Treasure Islands to highlight their anger at unaccountable élites – as did the wildcat tax protest movement UK Uncut, which shut down major multinational high street stores across the UK. (I participated in such a protest in Washington, D.C., and was surprised at how much personal courage it requires to stand up and shout like that: I’m not a natural street protester, I guess.)

Lasting change was happening before our eyes, as our story helped focus some of the broad public anger about the crisis into specific actions and ideas: this helped embed the concept of ‘tax justice’ into what is now dominant, embedded mainstream narrative: the new commonsense. Here’s an illustration, from the UK in 2021:

“Among Conservative voters in the 2019 general election, 90% agreed that tax avoidance by large companies was “morally wrong even if legal”, the poll found.”

‘Almost all Tory voters agree company tax avoidance morally wrong, poll finds’
, The Guardian, 22 Oct 2021

When I joined the Tax Justice Network, such a prospect would have been laughable.

Second, governments roiled by the crisis were looking desperately for new sources of revenue, and cracking down on the anti-social and sometimes illegal tax-dodging escapades of rich and powerful people was an obvious place to go. At least, being seen to crack down, was a vote-winner: progress was far less than necessary, but there was progress.

Third, when the crisis hit, policy makers were in the grip of TINA – There Is No Alternative. Some call it neoliberalism, others call it trickle-down: but the curious and obviously idiotic idea they sold us was that the way to help ordinary people was to take their money and give it to rich people, because, they argued, these were the ‘wealth creators.’ Tax justice, like broader economic justice, rode on exposing this nonsense. And we had a big, coherent new story. That story was crucial glue that held, and holds, the movement together.

Fourth, a bit later on, the Panama Papers and subsequent offshore leaks, coordinated by the International Consortium of Investigative Journalists, confirmed for the doubters everything we’d been saying. Our story helped inform and shape their work, and their reporting brought power to our story.

Solutions, solutions, solutions

It wasn’t enough to have a story about where it had all gone wrong. We needed to push positively for something. Even before I arrived at the Tax Justice Network, the activists and their expert helpers had began to put together some solutions to the problem of tax havens. There were four, (now known as the ABCs).

A first was to push for Automatic Exchange of Information, where countries would automatically share information with each other about the cross-border assets of their rich citizens.

A second was to create registries of Beneficial ownership, meaning the genuine flesh and blood owners of assets should be identified, available for exchange or other purposes.

The third was country by country reporting, where multinationals would need to break down their financial and tax data for every country where they operated, instead of (as was then the case) being able to mash all their national data into a big regional set of figures, which could not be unscrambled to find out what was happening in each place.

The fourth, later one was unitary tax (with formula apportionment), a completely different way to tax multinational corporations, which in theory could cut out the tax havens entirely.

None of these ideas were new: they had all been proposed before, by experts. It was the changing times, the crisis, and the story that we packaged them with, that seems to have finally brought them to the high table.  

Once derided as far-fetched, these ideas are now all, to one degree or another, mainstream global policies, even if patchily drafted and observed. Other ideas, such as global minimum tax rates, weren’t originally pushed by us, but the tax justice movement contributed to the changing mood that allowed this.

Use language to suit your purposes

The word ‘tax haven’ is terrible: not least, because it makes some people think they are only about tax. In her fantastic book Capital Without Borders, the sociologist Brooke Harrington explains that the central offering of the offshore system is ‘generalised law avoidance’. Tax is one significant element. “Offshore” was problematic for different reasons: it suggested that we were talking about small islands somewhere, thus distracting from the fact that the United States and United Kingdom are among the world’s most important tax havens.

We also struggled with defining this complex international phenomenon. There was, and still is, no commonly agreed definition of what a tax haven is. I boil it down to two words: ‘escape’ and ‘elsewhere’. You shift your assets elsewhere (hence the term offshore) to escape (hence the word ‘haven’) the rules and laws at home that you don’t like. This would cover the pirate coves of old, as well as the financial regulatory black hole that the City of London became ahead of the last global financial crisis. (And this, shamefully, is now coming back, with the blessing of the UK Labour Party.)

We never found a replacement for ‘tax haven.’ Instead, we took a horses-for-courses approach: use language nimbly for each circumstance. Tax haven, for tax-related haven tales. Offshore, for non-tax issues, sometimes. Some of us talked about “secrecy jurisdictions,” which had some success. ‘Tax avoidance’ was enormously tricky, too. Newpapers’ libel lawyers would force Journalists to describe stuff they were invesigating as ‘tax avoidance’, which the dictionary says is ‘legal’ (as opposed to tax evasion) but the reality is, as already mentioned, this is often inaccurate: legality is a very elusive concept. We used ‘tax dodging’ often enough, to skip past these minefields. And so on.

It was, and is, good enough.

Act locally

There is a final chapter in the offshore story, which isn’t yet embedded, but I believe will grow. For me, this connects my tax haven work with my earlier “Resource Curse” oil-in-Africa investigations.

So: a tax haven is a financial centre that transmits harm outwards, to other countries. The secrecy of British Virgin Islands shell companies harms Brazil, Tanzania, and pretty much any other country you care to think of.

But it’s well known that politics, and activism needs to be local to get real traction. It’s one thing to get people on the streets about a domestic billionaire or rich politician’s wife or multinational paying zero tax locally, or otherwise escaping rules. It’s much harder to mobilise support for complex international initiatives. I never saw “Automatic Exchange of Information Now” on a protester’s placard.

Part of the answer lies in having many local partners worldwide, such as Tax Justice Network Africa, or Tax Justice UK.

But the tax haven story has another important wrinkle, in this respect. The British tax haven racket hurts Africa, but it brings money into the UK banking system. We may hate the idea of Africa being looted, but – whisper it quietly – we Brits like the money coming in. That’s a recipe for political inaction, and it’s a testament to the Tax Justice Network’s success that our story about the British offshore spider web got such traction in the UK.

How can we overcome this difficulty? Could it be the case that tax haven activity transmits harm inwards, to the countries that host it? If we could show that, then we really could have a powerful platform.

Some elements were already pretty compelling. As chief economic adviser to the government of the tax haven of Jersey, John had watched the rapid rise of offshore finance crowd out other local economic sectors, widening inequality, and corrupting the politics. A financial brain drain was sucking all the best educated and most talented people out of other sectors – especially agriculture and tourism, in Jersey’s case — and into becoming trust company owners, or offshore wealth managers for dodgy clients. Massive inflows of money forced property prices into the stratosphere, pushing large numbers of people (some of who may have earned more by working in offshore finance), back to Square One, or below. An underclass began to develop: people either having to work two or three jobs to make ends meet, or leave the islands. That was the Dutch Disease: generally higher price levels made it harder for local production to compete against imports, so those sectors withered.

Then there was the rent-seeking phenomenon, rotting the system from the top. Writing a new secrecy law is like drilling and striking an oilfield. If your law is written right, the world’s dirty money will come flowing in, without much effort. The Polish writer Ryszard Kapuscinski describes the oil curse poetically, and well:

Oil kindles extraordinary emotions and hopes, since oil is above all a great temptation. It is the temptation of ease, wealth, strength, fortune, power. It is a filthy, foul-smelling liquid that squirts obligingly into the air and falls back to earth as a rustling shower of money. Oil creates the illusion of a completely changed life, life without work, life for free. Oil is a resource that anaesthetizes thought, blurs vision, corrupts.

People from poor countries go around thinking: God, if only we had oil! The concept of oil expresses perfectly the eternal human dream of wealth achieved through lucky accident, through a kiss of fortune and not by sweat, anguish, hard work. In this sense oil is a fairy tale and, like every fairy tale, it is a bit of a lie. It does not replace thinking or wisdom.

Does that remind you of crypto? Well, it’s a tax haven story too. The corruption in Jersey, John recalled, was spectacular. That’s another story (recalling my visit there in the Life Offshore chapterin Treasure Islands, I compared it to a cross between the English seaside town of Bournemouth, and oil-rich Equatorial Guinea.)

The parallels between the Jersey that John introduced me to, and my oil-in-Africa work on the Resource Curse, were obvious. 

John had been calling this island sickness – the same sickness that had led Pat, Jean and Frank to call on him to fix their island – the Jersey Disease. I persuaded him of a better name, closer to the Resource Curse: The Finance Curse. And clearly these problems didn’t only apply to heavily finance-dependent jurisdictions like Jersey, but to finance-dependent Britain too.

We co-authored our first Finance Curse report in 2013, ten years ago now. (The picture on the front cover, by a local artist, provocatively shows jackbooted financiers in Jersey’s capital St. Helier.) By then, a significant amount of post-crisis academic research had emerged, by the IMF, the Bank for International Settlements, and if you plot it on a graph you find a curious banana-shaped relationship between finance and economic growth.

Here, crudely, is what the graphs seemed to say. Every country needs a financial centre: if you have an under-developed banking system, you will do well to develop it. More finance means a stronger economy, more economic growth. But there comes a point where your financial sector is doing everything that your economy needs. If the financial sector grows beyond this point, the growth benefits go into reverse. It starts harming your domestic economy, not just because of the brain drain and Dutch Disease effects, but as financiers chasing high returns start to develop more predatory activities, and inevitably start to prey on the domestic economy.

There’s no space to get into this here: suffice to say that this is a new story.

I took a couple of years off from the Tax Justice Network to write a book about it, The Finance Curse, published in 2018.It was well reviewed, got some attention, made the Financial Times economics books of the year list, and sold acceptably, but never had the success of Treasure Islands.

I’m curious to understand why. One reason is that – perhaps predictably – an academic counter-blast has pushed back against the Too Much Finance analysis, and now the picture is more complex, more contested. There is a whole research agenda to unroll here now. But there remains no doubt that, in essence, overly finance-dependent economies suffer awful drawbacks, and a more balanced economy where finance serves the economy, rather than the other way around, is likely to be a healthier, more resilient, more secure, less unequal, more democratic, less authoritarian and more prosperous place to live.

I strongly believe that Finance Curse is ultimately a more politically potent narrative than Treasure Islands, given that for powerful countries like the UK and US the former is a ‘this hurts them’ story about damaging other countries, while Finance Curse is a ‘this hurts us’ story: a much better basis for domestic action. With John and a couple of others we’re now making a film about this, and I plan plenty more work in this area.

The next phase: corporate power

Why am I leaving the Tax Justice Network? Because I’ve been captivated by another, related story.

Since 2016, I’ve been watching the emergence of a spectacular anti-monopoly movement in the United States. There’s no time to write about that here (see this, for instance, for an introduction.)

Basically, the US economy is massively monopolised, and a small bunch of people, principally journalists and lawyers, got together to tell a radical, even revolutionary new story, reaching back to old US anti-monopoly traditions and making them relevant for the digital age. With their combination of expertise and radicalism, they began having spectacular success, they began garnering huge media attention, challenging a corrupt old pro-monopoly establishment that since the 1970s had been embraced by Republican and Democrat administrations, until the disappointing Obama years, and beyond.

To cut a long and interesting story very short, one of those radical anti-monopolists, a former journalist and lawyer called Lina Khan, was in 2021 appointed Chair of the US Federal Trade Commission, the main agency that directly regulates corporate power. She, along with other radical anti-monopolists also appointed to key posts, is now leading a titanic struggle against the Big Tech giants, medical monopolies, concentrated farming structures, and much more besides. 

There’s a long, long way to go on this, but that US movement has undoubtedly been even more successful than the Tax Justice Network. From when I began watching them, I could see many parallels with the early-years of the Tax Justice Network that I was part of: the power of a coherent, radical, expert-guided but public-facing story to change the world.

But there was always one question in my mind: why have we seen no matching movement anywhere else. In November 2019, I wrote a Tax Justice Network blog, entitled If tax havens scare you, monopolies should too. And vice versa. It may turn out to be the most important blog article I ever wrote. I sent it to Barry Lynn, the Director of the Open Markets Institute, a former trade journalist who kicked off the US movement with his book Cornered, and had among other things, incubated Lina Khan.

A little while later, I got an impatient email from a disgruntled UK competition lawyer, Michelle Meagher, who had also been wondering why there was no such movement. We soon decided to set up a new organisation, the Balanced Economy Project, to try and change this.

We spent the first year, 2021, mostly just talking to people: Michelle on a pro bono basis, and the Tax Justice Network supported me to do this, part time. Last year, Michelle went on maternity leave, and I spent much of the time building up the organisation with fundraising and recruitment – again, with a Tax Justice Network grant and other support. This year, we plan to start spreading this story. I stayed working with the Tax Justice Network, one day a week, until now. (We’ve already started collaborating – we and others will build on this collections of essays on Tax and Monopoly Power that we’ve already put together.)

Anyway, that’s why I’m leaving now. I’m immensely grateful to the Tax Justice Network over the years for everything it’s given me. I’ve had my disagreements with the organisation. The basic new tax haven story is now told, and so different approaches are needed. It’s a different organisation now, the priorities have changed, many for the better, I think. Our original tax justice movement-builders, especially in the earliest years, were mostly middle-aged or ageing white men (including some very difficult characters) – it’s no individual fault of our own for being middle aged and white, I guess. But we began to build a movement and narrative with far more inclusive goals. Now the Tax Justice Network is much more diverse, more professionally organised and funded, and seems to be a happy family.

But my own personality better fits the storytelling and start-up worlds, and I’m keen to return to the rawness, the risk, and the innovation that are needed to build movements. It’s time for me to move on to anti-monopoly: the next chapter for me.

So long, TJN, and thanks for all the memories. 

Nicholas Shaxson

Image credit: Mark Garner © captivation.de

Often overlooked, transparency at the tax administration level is key to holding governments accountable

“Efficient and effective tax administration” 

Tax is the lifeblood of a democratic society. It’s how we fund our collective dreams and aspirations and build a better life for all.  

While the legislative frameworks governing the functioning of a tax administration may differ from country to country, they typically tend to require a tax administration to be “efficient and effective” in how it pursues its goals. 

Perceptions around the effectiveness of a tax administration are often simply informed by whether or not they have met their revenue targets, but of course this tells us very little about whether the administration is in fact either “efficient” or “effective”.  

Transparency contributes to a better compliance climate 

The holy grail for tax administrations is arguably achieving a positive “compliance climate” where enforcement measures aren’t necessary, and where taxpayers do the right thing without extensive interventions being necessary on the part of the administration. This kind of compliance culture only exists where taxpayers view the tax administration as fair, responsive, and transparent. It is a tall order for tax administrations which are often viewed as abusive – or perhaps “over-zealous” at best.  

Requiring transparency is not simply about empowering civil society so it can hold our tax administrations to account. Transparency is an invaluable tool in securing a positive compliance culture, by positioning the tax system as a communal asset working for the public good; and by showcasing its staff as nation builders who should be celebrated as national heroes – not bogeymen. “Tax” should not be a dirty word, but a celebration of the people and systems that keep the lights on and the teachers paid.  

That is not something that can happen in a system characterised by opacity. 

Transparency of the global financial system 

International tax policy has introduced measures aimed at securing greater transparency across the global financial system. This includes the automatic exchange of information; country by country reporting; and beneficial ownership registers. While these are critical to curb tax abuses, unless we know how tax administrations are using them in principle and understand how administrations are applying data insights from them in practice, their impact will be limited.  

For truly impactful change we also need transparency at a tax administration level. 

The importance of public oversight and insight 

Some level of transparency is required for both governments and civil society to be effective. For civil society the consideration is twofold: access to information is imperative in holding governments accountable, but also to supplement weak government capacity.  

With oversight agencies vastly under-capacitated, civil society plays an increasingly important role as a watchdog. Europe’s new Anti-Money Laundering Agency, for instance, will require in the region of 500 staff – double the original estimate. Its budget will have to be increased to approximately €400 million, and it may not be fully operational until 2027 because of delays in negotiations.  

The Panama and Pandora Papers made abundantly clear the power of public access to beneficial ownership information. 

Authorities have access to vast troves of information, but experience shows that it often takes making the information public – and a concerted effort by civil society – to make it tell a story and to secure real, systemic change.  

Assessing the appropriateness of risk management strategies 

More advanced administrations tend to adopt structured compliance risk management strategies for their largest taxpayers and high net worth individuals, with risk differentiation frameworks that allow them to better manage the risks from these two critical segments.  

In many countries a structured, considered approach to managing high-risk taxpayers is entirely opaque (or often simply non-existent).  

With the bulk of tax revenues coming from this segment, as taxpayers and as civil society, it is imperative that we have some level of assurance that our tax administrations sufficiently understand the risks – and are appropriately responding to them.  

For data transparency to be effective, it needs to be part of a broader framework. This includes having access to extensive third-party data sets; sophisticated data matching and mining capabilities; complex risk rules systems that are capable of identifying outliers; an understanding of industry-specific anomalies; a robust forensic investigations capacity; a strong legal framework that gives the tax administration the powers it needs to secure information and evidence, to secure assets and to pierce the corporate veil; and a robust punitive framework. 

Without some level of transparency, it is impossible to evaluate the impact and outcomes of compliance and enforcement activities, and to hold tax administrations to account.  

Assessing the equitability of their relationships with large taxpayers 

Beyond broader strategies, there is often little transparency in respect of engagements with large taxpayers.  

Tax administrations may adopt regular meeting cycles with large taxpayers and their intermediaries, not to discuss taxpayer-specific issues, but to discuss policy issues, to identify opportunities to reduce the compliance burden on large taxpayers etc. These engagements are not without merit, but they do need to be subject to some element of transparency. 

In many cases, rulings systems are entirely opaque. As a result, it is not possible to establish to what extent these administrations operate without undue influence from large taxpayers; or to assess the equitability of their tax ruling system. 

Often, the terms of tax incentives, subsidies and amnesties are negotiated with no transparency. 

Consistent, aggregate performance measures for tax administrations  

Aside from requiring more transparency of the strategies and impact at an individual tax administration level, it is important to also develop consistent, aggregate performance measures against which tax authorities can be assessed more holistically. This could include everything from practical indicators like audit strike rates and new schemes identified, to the impact on closing tax gaps and countering illicit financial flows.  

Some work is already being done in this field, for instance the Tax Administration Diagnostic Tool developed by the IMF and the World Bank, which includes measures to assess whether tax rulings are public, and whether administrations in principle have a compliance risk management program in place.  However, the assessment findings are not always made public, do not focus on the management of tax abuse and illicit flows by large taxpayers or addressing systemic issues that contribute to opacity, and do not assess the impact and outcomes that are actually achieved.  

Other comparative data sets are useful, but limited. The OECD’s comparative information series on tax administration is relatively comprehensive, but limited to OECD countries and some other advanced economies. The IMF’s RA-FIT comparative international survey on revenue administration has not been updated recently but could be used far more effectively in understanding comparative trends and outcomes. 

This has also been a focus for the Tax Justice Network, for instance developing templates for reporting aggregate data on the automatic exchange of information; our tireless advocacy for country by country reporting; and developing indicators against which to measure progress with sustainable development goal SDG 16.4 (including eg the scale of the misalignment between where multinational companies carry out their economic activity, and where they are declare the resulting profit; and the scale of offshore wealth which is undeclared to tax authorities.)  

While a focus on performance measures like these is important, it is equally important to assess whether our tax administrations are adequately staffed and resourced, with organisations like the European Public Service Union deserving far more support in their fight for tax justice.  

Secrecy clauses 

Tax legislation typically includes explicit safeguards to ensure that taxpayer-specific information may not be disclosed. In practice, these are often abused, being little more than an invisibility cloak for taxpayers. While the relative merits of those safeguards are up for debate, in this context what is needed is not necessarily transparency at a taxpayer level, but transparency of what tax administrations are doing in response to systemic abuses, and what impact their strategies are having on actually curbing tax abuses.  

Access to government-held information  

While opacity abounds, at least some developments are signalling an increase in the understanding of the importance of access to government information. 

A number of jurisdictions have adopted practices that contribute to greater transparency: the countries who agree to publish the IMF’s diagnostic assessments of their administrations; the ones who publish details of the size and makeup of domestic tax gaps, like the regular studies done by the UK’s HMRC and Canada’s Revenue Agency; or countries that publish the details of how compliance risks of multinationals are managed, as they do in New Zealand.

More systemic changes are also seeing the light, for instance the European Data Strategy seeks to open up government-held information for “the public good”. The EU’s Data Governance Act, Data Act, Regulation on the Free Flow of Non-Personal Data, and Open Data Directive all encourage data sharing to ensure better decision making, using data to create value for society.  

The underpinning philosophy is simple: “Data generated by the public sector as well as the value created should be available for the common good. This data has been produced with public money and should benefit society”.  

Our recommendations 

Tax administrations are fundamental to a functioning democracy, making transparency of their activities and outcomes non-negotiable.   Our recommendations to secure greater transparency at a tax administration level include the following:  

Cómo América Latina financia el déficit EE.UU: May 2023 Spanish language tax justice podcast, Justicia ImPositiva

Welcome to our Spanish language podcast and radio programme Justicia ImPositiva with Marcelo Justo and Marta Nuñez, free to download and broadcast on radio networks across Latin America and Spain. ¡Bienvenidos y bienvenidas a nuestro podcast y programa radiofónico! Escuche por su app de podcast. (All our podcasts are unique productions in five languages: EnglishSpanishArabicFrenchPortuguese. They’re all available here.)

En este programa con Marcelo Justo y Marta Nuñez:

Invitados:

~ Cómo América Latina financia el déficit EE.UU.

MÁS INFORMACIÓN:

beyond20: A new strategic framework for the Tax Justice Network

This year we celebrate the twentieth anniversary of the formal launch of the Tax Justice Network. The last two decades have seen some transformative steps forward. But the world remains characterised by pervasive tax injustice, denying fairer societies and human rights to us all.

There are important opportunities too. Since last year we’ve been taking stock of progress, scanning the horizon and engaging with allies and partners in the wider movement. Now we’re delighted to be able to publish our new strategic framework, setting out a vision for tax justice – and the mission of the Tax Justice Network in our third decade.

Our vision is of a world in which all people can enjoy the full benefits of tax justice. Tax is a social superpower. Tax generates revenues to fund public services and effective states more broadly. Tax provides the main means of redistribution to eliminate harmful inequalities. Tax is the glue in the social contract, that underpins inclusive political representation. Together, these channels make tax crucial to how we organise ourselves as societies, instead of living nasty, solitary, short, brutish lives alone. Tax justice creates the potential for well-funded states that deliver for us all.

If you share the idea of a better world that we’re aiming for, please consider supporting us financially. Our income is a tiny fraction of those who oppose tax justice, and we make every bit of it work for a better world.

A crucial element of this work is to highlight the convergence of interests between people in countries at all income levels. Tax justice is not a zero-sum game: we can all live better lives if we reprogramme the international system to work for us, not against us.

Our mission is to contribute to creating the conditions for achieving tax justice by challenging false narratives, and normalising bold, progressive proposals. Our role is to provide consistent, credible research and analysis of tax abuse and the necessary responses, disseminated globally through a powerful communications platform and through international advocacy in close collaboration with the wider movement.

Our values underpin our work and inform our decision-making. We strive to be just, reflective and bold. We seek to act with humility and integrity.

The intellectual engagement through which ideas and stances evolve, is and will remain crucial to our ability to shift prevailing narratives and make policy progress. Engagement in a spirit of respect and openness allows us to be held accountable and to ensure rigorous challenge to strategic and tactical decisions, to technical work and to policy stances.

Our policy platform is summarised as the ABC DEFG₃ of tax justice:

The ABC DEFG₃ is laid out more fully, along with our theory of change in the strategic framework document available here. We warmly welcome further inputs and discussion.

Tax Justice Network Arabic podcast #65: كيف إستحوذ الصندوق السيادي السعودي على مجموعة مستشفيات كليوباترا

Welcome to the 65th edition of our Arabic podcast/radio show Taxes Simply الجباية ببساطة contributing to tax justice public debate around the world. It’s produced and presented by Walid Ben Rhouma and is available on most podcast apps. Any radio station is welcome to broadcast it for free and websites are also welcome to share it. You can follow the programme on Facebook, on Twitter and on our website. All our podcasts are unique productions in five languages: EnglishSpanishArabicFrenchPortuguese. They’re all available here.

كيف إستحوذ الصندوق السيادي السعودي على مجموعة مستشفيات كليوباترا

في العدد #65 من بودكاست الجباية ببساطة إستضاف وليد بن رحومة الصحفي محمد حميد صاحب تحقيق “من أبراج الإماراتية لـ”السيادي السعودي”.. كيف انتقلت ملكية مستشفى كليوباترا؟”  المنشور على موقع المنصة ويأخذنا من خلاله للتعمق في رحلة الاستحواذات المتعددة التي تمت على مجموعة من المستشفيات والصيدليات المصرية بدءاً من ٢٠١٦ والتي بموجبها تهربت الكيانات المساهمة والمالكة لهذه الكيانات الطبية من دفع الضرائب المستحقة عليها وبالتالي حرمان مصر من عوائد ضريبية كبيرة محتملة.

In episode #65 of the Taxes Simply podcast, host Walid Ben Rhouma speaks investigative journalist, Mohamed Hamid, author of the recently published piece “From the Emirati Abraaj to the Saudi Sovereign Fund. How was the ownership of Cleopatra Hospital transferred?” This investigative piece, published by “Al Manassa” takes us for a deep dive into a series of acquisitions that took place for a number of Egyptian hospitals and pharmacies starting in 2016. We look at the engineered tax abuse that resulted, depriving Egypt of potentially huge tax revenues.

كيف إستحوذ الصندوق السيادي السعودي على مجموعة مستشفيات كليوباترا

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

How Hollywood gaslights WGA strikers, Uncle Sam and Darth Vader about its profits


The Writer’s Guild of America is currently striking after contract negotiations with studios failed.  

There are multiple demands behind the strike (like writers and directors wanting more compensation, especially regarding residual payments from streaming services). But really, what sits behind the strikes is simple. As Sasha Stewart, a writer for a Netflix documentary series says, “The corporations have gotten too greedy.”  

We agree.   

Creative accounting  

With Hollywood being the centre of so much of the creative universe, it was perhaps inevitable that some of that creativity would seep into its accounting practices, too. 

“Creative accounting” in this context is, of course, little more than cooking the books. 

As Planet Money explains, studios typically set up a separate corporation for each movie they produce. The main purpose is to erase any possible profit, by charging fees that overshadow the film’s revenue. For accounting purposes, the movie is a dud – and there are no profits to distribute, and so no taxes to pay. 

It’s not just the movie that “loses” money – any of the creatives whose contracts afford them a share of net profit (so, the vast majority of them) also lose. Because if there are no net profits on paper, there are no payments due to them. And so, despite the movies raking in obscene amounts of money for the studios, they are flops on paper, making no money for the creators, writers, actors and other creatives involved in the process. 

James Bond himself has raised the issue, with actor Sean Connery noting “I hired my own bookkeepers to keep a watch on everything. Hollywood bookkeeping can be very suspect.” The original Wonder Woman – aka Lynda Carter – agrees: “Don’t ever settle for net profits. It’s called ‘creative accounting‘.” 

Eddie Murphy refers to this share in net profits as “monkey points”.  

Well, it’s like ‘stupid’ points. Stupid to take the points.” “Won’t be any net profits?” “You sit there with your points going, ‘Eeeh, eeh, eeh, eeh, eeh’.”  

Unfortunately, Eddie, while some big-name A-list actors may well be able to negotiate for a share in gross profits, the vast majority of them can’t, and are stuck with only your monkey points.  

Gaslighting the monkey points club 

What do Darth Vader, Harry Potter and Stan Lee all have in common? They all got stuck with monkey points. 

Think Star Wars was a successful franchise? Return of the Jedi may have been the 15th most successful movie in box office history, with $729 million in gross earnings – and Darth Vader may continue to be one of the most recognisable characters- but on paper the movie never made a profit. As a result, the late actor David Prowse  who played Darth Vader was never paid for the final instalment of the beloved original trilogy: “I get these occasional letters from Lucasfilm saying that we regret to inform you that as Return of the Jedi has never gone into profit, we’ve got nothing to send you.” 

Darth Vader, one of the most iconic characters in movie history, didn’t get paid a cent. 

Harry may be a wizard, but he’s certainly not the only one. Techdirt uncovered a balance sheet from Harry Potter and the Order of the Phoenix. The movie grossed nearly $1 billion – the fifth instalment in the third highest grossing series of all time- but with a sprinkling of Hollywood accounting magic, ended up with a $167 million “loss” in part as a result of a $60 million interest charge on a $400 million budget (far higher than industry standard), as well as unusually high distribution and advertising fees paid out to Warner Bros. subsidiaries. 

These net profit documents aren’t easy to come by, but a few others have surfaced, including one for the more recent Beatles-themed romance movie Yesterday. The movie itself grossed $153 million. Global revenues should sit at around $78 million. Universal, though, claims to have sustained a loss of -$87.7 million – and therefore won’t be paying a single dime to any of the creatives who worked on the movie under a net profit-sharing scheme.  

Men In Black, the hugely popular sci-fi comedy starring Will Smith and Tommy Lee Jones, still remains in the red despite making $589 million from a movie that cost $90 million to make.  Ed Solomon, who wrote it, made a public appeal in a Twitter post for Sony to just stop doing anything with the movie. In the decades since the movie came out, it continues to make a supposed loss of some $5 million a year, meaning that Solomon has not received a cent as writer, and instead notes somewhat dismally “At this rate I’ll get my 5 per cent of net profits in 4830 B.C.” 

The iconic Stan Lee, as co-creator of Spider-Man, had a contract entitling him to 10 per cent of net profits. The first Spider Man movie made more than $800 million in revenue, but Lee got nothing – not because the movie didn’t make a profit, but because of dubious bookkeeping.  

Lawsuits abound based explicitly on studios using dodgy practices and “underhanded accounting” of profits: Eddie Murphy’s Coming to America; Angelina Jolie’s Gone in 60 seconds; Forest Gump; Batman; Michael Moore’s Fahrenheit; Peter Jackson’s Lord of the Rings; Don Johnson’s Nash Bridges; Bones; Who wants to be a millionaire; My big fat Greek wedding; The Walking Dead. 

Anyone with monkey points got paid nothing for them. Creators, writers, actors, animators, other creatives – all short changed. Not because these movies were a box office flop, but solely and purely because of mendacious Hollywood accounting.  

Hollywood studios are gaslighting everybody from writers to movie stars to the US government about how much profit they’re making. They manipulate the books and expect us to believe that some of the most successful, highest grossing movies in history made no profit. 

A taxing affair 

The Tax Justice Network is perhaps better known for writing about beneficial ownership registers and country by country reporting, so why the interest in Star Wars and Harry Potter? 

Because the same opacity that cheats Hollywood writers and creatives out of legitimate income, cheats our nurses, teachers and librarians of legitimate funding. 

Opaque bookkeeping practices that are bad for Darth Vader and Stan Lee are bad for taxpayers too.  

The schemes that deprive them of income are little more than classic tax abuse scams: the use of arbitrary distribution fees; a subsidiary charging exorbitant fees for “services”; or a studio that cross-collateralises the accounting of two projects, shifting losses from one project to another, creating two unprofitable projects out of one. It’s a sophisticated game that lets them permanently distort the bottom line. 

In litigation, companies like Fox are called out for having a “company-wide culture and an accepted climate that enveloped an aversion for the truth.” And Warner have been called out for seemingly thinking that robust accounting is meaningless, so “they don’t even bother…Warner either has no serious accounting system or has mastered the art of obfuscating everything and purposely acting like their accounting department is run by six-year-olds.” 

If that culture comes at a cost to individuals who aren’t paid their fair share, it comes at an even greater systemic cost to our tax systems, which are so heavily dependent on financial transparency.  

The new Justice League: Darth Vader, Harry Potter and Uncle Sam 

Hollywood accounting is little more than a work of fiction to rival even the most compelling screenwriting. Most companies try to limit costs, so they can make a profit. In the movie business, though? It’s all about maximising costs to minimise profits.  

It’s a loser’s game, played by what Eddie Murphy calls monkeys. The rules need to change, so that creatives are paid their fair dues – but also to introduce some tax justice.  

We believe it’s possible to account for income and expenses transparently, so that both Caesar and Darth get paid their dues.  

Darth Vader would probably tell us not to choke on our aspirations, just like he told Director Krennic in Rogue One. We’re happy to have aspirations, though, because we believe that justice has a way of prevailing.  

Imagine a new Justice League of sorts: Uncle Sam and his trusty side-kicks Darth and Harry. Except in our movie, everybody gets paid their fair share, and our super-powers are transparency. 

The notion that we can all take back control of our tax systems sits at the heart of what we do at the Tax Justice Network, and underpins the work of many others like the FACT coalition. It’s time we reprogram our tax systems to work for all of us. The interests of the wealthiest cannot continue to trump the needs of other members of society. 

After all, if even Darth Vader doesn’t get paid, how is Uncle Sam supposed to get it done? 

Image credit: Fabebk, CC BY-SA 4.0, via Wikimedia Commons

The EU’s DEBRA proposal will do more harm than good due to flawed modelling and third country spillover

On 11 May 2022, the European Commission presented a proposal for a harmonised EU wide debt-equity bias reduction allowance (the DEBRA proposal).  To eradicate the preferential treatment of debt, the DEBRA proposal suggests rules for an EU-wide allowance for corporate equity combined with a new limitation on the deductibility of interest payments.

This blog summarises some of the points the Tax Justice Network raised in a new policy briefing on the EU Commission’s DEBRA proposal. The policy briefing explains why the proposal in its current form is bad policy and should not be adopted. This is not to say that debt-equity bias is not a problem in need of a solution. The solution, however, is an ‘A’-less DEBRA: a further reduction of interest deductibility, but without the granting of an allowance for corporate equity.   

Introduction: solving the great debt-equity distortion

It’s a problem in corporate tax systems as old as corporate tax itself: the debt-equity bias. Interest on corporate tax debt is deductible. By contrast, the cost related to equity financing in the form of dividends paid, cannot be deducted against profits. The tax savings inherent to interest deduction creates an incentive for companies to overly rely on debt financing. This is problematic because corporate debt can be a device for tax abuse, and excessive debt makes companies less shock-proof. In times of crisis, this increases the risk of insolvency and, as the IMF has argued, threatens global financial stability.

Broadly speaking, there are two ways to solve the debt-equity bias. On the one extreme, corporate tax systems could be reformed to treat equity like debt for tax purposes. This could be done by introducing what tax policy theorists call an ‘allowance for corporate equity’: a fictional tax deduction calculated in function of a company’s equity which mimics the deduction of a company’s interest cost. On the other end of the spectrum, corporate tax systems could be reformed to treat debt like equity for tax purposes. This entails the full non-deductibility of interest payments. Policy theorists refer to such a system as a ‘comprehensive business income tax’.

In practice, only a handful of countries have implemented some kind of allowance for corporate equity. The Tax Justice Network’s Corporate Tax Haven Index shows that in 2021, of the 70 countries analysed, 8 countries had a fictional interest deduction of equity in place, 6 of them being EU countries. Those countries that do so combine it with interest deduction limitation rules. Interest deduction limits are more widespread, especially after the adoption and implementation of the BEPS Action 4 minimum standard.

Both systems – an allowance for corporate equity, and non-deductibility of interest payments  – come with different properties. For one, the adoption of a corporate equity allowance type system fundamentally narrows the corporate tax base because it grants an additional tax deduction. This reduces countries’ tax revenues. A  comprehensive business income tax type system widens the tax base, thus increasing tax revenues. An asymmetric adoption of corporate equity allowance systems by only a few countries can furthermore induce new forms of tax abuse which is not always easy to tackle with anti-abuse measures, thereby putting additional pressure on tax revenues.

For these reasons, the Tax Justice Network’s Corporate Tax Haven Index gives good marks to those countries implementing the strongest interest deduction limitations (see Indicator 15). Countries introducing  corporate equity allowance-type fictional interest deductions for equity receive bad marks (seeIndicator 8). With its corporate equity allowance component and limited interest deduction, the EU Commission’s DEBRA proposal provides 27 EU Member States with implementation homework that is guaranteed to get them bad marks on the index. 

Misguided modelling and selective analysis

Aside from corporate equity allowance measures altogether not being recommendable, the EU Commission’s DEBRA proposal is also majorly flawed in its analysis and assessment of the different policy options available to solve the debt-equity bias.

The assessment is based on a selection of policy options which range from the one extreme of a self-standing corporate equity allowance (‘a hard ACE’, ie a notional interest deduction for all equity) without interest deduction limitation, to the other extreme of a full non-deduction of interest system. Not surprisingly, these extreme scenarios are discarded because the mathematical modelling shows their introduction would be too disruptive: a hard equity allowance is predicted to be too costly, and full non-deductibility of interest payments is predicted to be detrimental to international ‘competitiveness’.

The scenario of a self-standing corporate equity allowance (a ‘soft ACE,’ ie a notional interest deduction only for new equity) is also tested, yet the EU Commission’s preferred option is that of the ‘soft ACE’ combined with a limited  non-deductibility of interest payments. No good reason is given for this and there is no analysis of other valuable scenarios, like that of self-standing limited  non-deductibility of interest payments. Such a scenario would avoid the disruptive edge of full non-deductibility while avoiding shrinking tax bases and tax abuse risks associated with the equity allowance.

The problems go beyond just the selection of policy options for assessment. Assessment of the options is based on quantitative output provided by the CORTAX model. This input-output model, which makes quantitative predictions of corporate tax reform options on parameters like revenue cost, wages, investment and GDP, is unsuitable. Its predictions depend on assumptions that oversimplify economic reality. For example, the model does not consider the effect of a measure with negative revenue impact caused by the correlated cut in public spending. Other completely unrealistic assumptions are the underlying premises that all economic actors have full information, that markets reflect perfect prices, and that companies realising windfall profits will reinvest these gains in the economy rather than in the personal wealth of the owners (possibly outside the EU).

Most worryingly, CORTAX predictions are said to be accurate only in a scenario of economic growth. By the EU Commission’s own admission, exogenous reasons like wars, pandemics and the climate crisis make the results of the CORTAX modelling overly optimistic. Why, then, rely on its findings to discard some policy options but champion others? And why rely on a model that focuses on benchmarks like ‘investment’ and ‘growth’ but fails to assess other criteria like equality, impact on distribution and concentration of wealth and income, and other parameters that contribute to economic and political stability?

The EU Commission notes in the DEBRA proposal that ‘investment’ and ‘growth’ are linked with the ‘competitiveness’ of the EU, with ‘competitiveness’ being both a prerequisite for investment and growth, and a result of it. The Tax Justice Network has repeatedly called out the ‘competitiveness agenda’ as an ill-founded guise for the mere slashing of taxes while ignoring the fact that handing out tax cuts affects the quality of public services and tends to increase inequality, which in turn have a clear negative impact on economic performance.

Even the Biden administration called time on the ‘competitiveness’ myth in 2021:

“[A] consequence of an interconnected world has been a thirty-year race to the bottom on corporate tax rates. Competitiveness is about more than how U.S.-headquartered companies fare against other companies in global merger and acquisition bids. It is about making sure that governments have stable tax systems that raise sufficient revenue to invest in essential public goods and respond to crises, and that all citizens fairly share the burden of financing government.”

Remarks by Secretary of the Treasury Janet L. Yellen on International Priorities to The Chicago Council on Global Affairs, April 5, 2021.

A country with high tax levels and a well-performing economy are not mutually exclusive.

Fatally flawed altogether

In addition to the issues with modelling and analysis, the DEBRA proposal comes with other flaws: the lack of robust anti-avoidance rules, the negative spillover effects on the ability of third countries to achieve the sustainable development goals and reduce extreme poverty, and the inconsistency with current international efforts to introduce a corporate minimum tax.

As noted in the Tax Justice Network’s Corporate Tax Haven Index, corporate equity allowance systems are prone to abuse. Policymakers introducing equity allowance measures cannot but resort to combine its introduction with the adoption of specific anti-abuse rules. Without targeted anti-abuse rules, the equity allowance’s budgetary impact easily swings out of control. In its DEBRA proposal, the EU Commission notes that DEBRA comes with a set of ‘robust anti-avoidance rules’. One of the three specific anti-abuse rules in the proposal is said to target ‘double dipping’, a practice through which companies end up receiving two tax benefits in relation to the same capital by artificially increasing equity through specific intra-group reorgansation: the tax deduction of interest paid on a loan and fictional interest deduction based on the capital increase with the funds made available by the loan, or the other way around. The anti-double dipping rule prevents the inclusion of any equity increases in the DEBRA equity base as the result of loans between associated enterprises. However, this rule does not prevent multinational enterprises from centralising their genuine equity in European group companies and having those companies grant internal loans to third country group companies. In other words, double dipping is fine as long as the genuine equity base is located within the EU.

The partial anti-avoidance rules are symptomatic of the EU Commission’s lack of consideration of spillovers of DEBRA on third countries. The proposed DEBRA is defended, amongst others, because of its positive contribution to the sustainable development goals, and in particular SDG 8 (‘Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all’) and SDG 9 (‘Build resilient infrastructure, promote inclusive and sustainable industrialisation and foster innovation’) within the EU.

The assumption is that windfall gains from the DEBRA allowance will result in higher investment in innovative companies. Not only is this reasoning a textbook Laffer curve fallacy, it also ignores the fact that negative spillovers of DEBRA on third countries might make DEBRA’s global net contribution to the development goals a negative one. Negative DEBRA spillovers might hamper lower income countries’ efforts to attain SDG 17.1 which encourages countries to strengthen domestic resource mobilisation. It is also at odds with the Addis Ababa Action Agenda on the implementation of the development goals. The Addis Agenda emphasises the importance of greenfield foreign direct investment for sustainable development. By triggering corporate debt increases in third countries, DEBRA does exactly the opposite.

Finally, the DEBRA proposal also lacks any coordination with other corporate tax policy reform efforts by the EU in the recent past and pending for the near future. For example, not a word is mentioned in the DEBRA proposal on the possible interaction of the measure with the EU’s Minimum Tax Directive, which implements the OECD/IF’s Pillar Two Global Anti-Base Erosion (GloBE) rules. The DEBRA’s ACE component has a lowering effect on companies’ effective tax rates. This means that in certain scenarios, the DEBRA tax cut might trigger the minimum tax rules. This ‘rob Peter to pay Paul’ effect of DEBRA is symptomatic of an isolated reform proposal that is launched without any coordination or eye for the global corporate tax landscape. It is also at odds with the EU Commission’s own BEFIT strategy which pleads for a coherent approach to corporate taxation in the EU, with reduced compliance costs for taxpayers.

Concluding observations: towards an A-less DEBRA

The DEBRA proposal is not a good plan and adopting it would be a mistake. The debt-equity bias in corporate tax is a genuine problem that requires an EU-wide solution. But such a solution should be part of a lock, stock and barrel overhaul of business taxation in the EU. It should not figure in in a directive that lacks coordination with other relevant corporate tax policy development and policy objectives.

It’s clear that any type of corporate equity allowance measures come with a budgetary cost and with budgetary uncertainty. Steering clear of equity allowance means steering clear of the pressure of tax abuse and of negative spillovers on third countries. The EU Commission should consider the adoption of an ‘A’-less DEBRA: a regime composed of a self-standing interest deduction limitation without an ACE component. Such a regime would tackle the debt-equity bias but without handing out tax cuts through the granting of an allowance. Additional revenues can be used for targeted public spending, creating both social stability and ensuring an attractive climate for sustainable business. EU countries receiving top marks on the Tax Justice Network’s Corporate Tax Haven Index for implementing an ‘A’-less DEBRA can only be seen as an added bonus.

Flux Financiers Illicites: Les Institutions Supérieures d’Audit africaines s’engagent à protéger les ressources fiscales #49: The Tax Justice Network French podcast

Welcome to our monthly podcast in French, Impôts et Justice Sociale with Idriss Linge of the Tax Justice Network. All our podcasts are unique productions in five different languages every month in EnglishSpanishArabicFrenchPortuguese. They’re all available here and on most podcast apps. Here’s our latest episode:

Pour cette 49ème édition de votre podcast en français sur la justice fiscale en Afrique et dans le Monde proposée par Tax Justice Network, nous revenons sur l’ambition des Institutions Africaines en charge des contrôles supérieurs de protéger la mobilisation des ressources domestiques des effets négatifs des flux financiers illicites. Avec deux invités qui participaient à une formation sur la réalisation de cet audit, nous avons eu un entretien sur la perception de cette réalité dans deux pays notamment le Niger, et le Cameroun

Interviennent dans ce podcast :

~ Flux Financiers Illicites: Les Institutions Supérieures d’Audit africaines s’engagent à protéger les ressources fiscales #49

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A fund-amental improvement: IMF engagement on its anti-money laundering strategy

An opportunity to influence the IMF to support more transparency in tax, the fight against money laundering and illicit financial flows 

A current survey for civil society to comment on the reform of the IMF’s anti-money laundering and combating the financing of terrorism Strategy (AML/CFT Strategy) and a recent IMF paper on the synergies between tax and anti-money laundering are welcome steps, particularly compared to the less progressive country-level tax and austerity recommendation. 

IMF signalling a move in the right direction

Against the backlash of the European Court of Justice November 2022 ruling invalidating public access to beneficial ownership information, and the reluctance of the Financial Action Task Force (FATF) to require beneficial ownership registration for trusts in reforming Recommendation 25, and while we wait for more progress on a UN Tax Convention, it is heartening to see the IMF being open to push for more transparency.  

In 2020 the IMF had start requiring countries receiving Covid-19 emergency funding to publish the beneficial owners of companies involved in procurement related to the pandemic. More recently, it endorsed the publication of beneficial ownership for companies registered in the United States in the context of the U.S. “Article IV” report, and real estate transactions in the context of Canada’s “Article IV” report. These are tiny steps compared to the need to have fully public beneficial ownership registries for all companies operating in the country but represent great strides. Of course, we want to take this forward, and there now seems to be an opportunity available to civil society organisations. 

Engagement with civil society

The IMF has started a consultation with civil society organisations (available until May 14 here) to receive comments on how to improve its anti money laundering and combating the financing of terrorism strategy. As discussed at our panel during the 2023 Spring Meetings (together with Yan Liu, IMF Deputy General Counsel and Marcus Pleyer, former President of the Financial Action Task Force) this is supposed to be more than just a survey to tick the box. It’s still too soon to tell if they will deliver, but the fact that they have committed to publishing the responses, engaging in a proper consultation process with feedback and calls beyond just one survey, and more importantly, the fact that they are inviting our comments before all decisions have been made, all gives us some reasons to remain hopeful. 

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Importance of improving IMF AML framework

As research recently published shows, the IMF’s AML conditionality may reduce the degree of illicit outflows countries suffered, although this is usually dwarfed by the increases of illicit outflows that are due to other elements of IMF packages such as austerity and regressive taxes. In other words, improving the IMF AML framework may yield even more positive results, while even more pressure should be put on the IMF’s country-level recommendations. 

Response to the IMF survey

As for the IMF survey on the reform of the anti-money laundering strategy, the more engagement they get, the more chances there are to have an effective framework aligned with civil society asks.

If anyone wants to get inspired on how the IMF should reform its anti-money laundering strategy, you can download our response.

Our response focuses on the main following points: 

The IMF should stop endorsing (eg via its policy and assessments) the weak standards and bias of the Financial Action Task Force and the OECD. Instead, they should go beyond these standards (eg based on our Roadmap to effective beneficial ownership transparency) by: 

IMF paper on AML and tax compliance

Following the last point, there is another welcoming step. On 21 April 2023, the IMF published the paper “Leveraging anti-money laundering measures to improve tax compliance and help mobilize domestic revenues”. The paper, which quotes some our research and publications, makes many of the points that we have been calling for, such as: 

Conclusion

Recent analysis finds that IMF engagement at country level exacerbates illicit financial flows; but anti-money laundering is one area where IMF engagement has a positive effect. For this reason, strengthening the IMF’s anti-money laundering policy base in comparison to the kneejerk trade liberalisation or financial sector ‘reform’ agenda, can be sufficiently impactful that it is worth civil society engagement.  

The IMF has sufficient funds and powers to make its own decisions rather than to blindly follow the OECD or the Financial Action Task Force standards, which are too weak to be effective. We must hope that they take civil society’s comments seriously and improve the strategy so as to achieve real change: including through support for public beneficial ownership, more pressure on big financial centres and more focus on progressive tax issues, in general (eg wealth taxes) and as part of the anti-money laundering reforms (eg more tax and anti-money laundering cooperation, more work on tax as a predicate offense to money laundering, etc.) 

World Press Freedom Day: The impact of journalists on tax justice

As the world celebrates the 30th anniversary of #WorldPressFreedomDay on 3 May,  we reflect on the importance of the media in bringing transparency to fundamental inequalities – including in respect of tax abuses. 

Transparency and securing tax justice

Transparency is the driving force behind a large part of the advocacy work we do at the Tax Justice Network, from disclosing beneficial ownership information and public country by country reporting, to global asset registers and the automatic exchange of information between tax administrations. 

To tackle inequality, one has to understand wealth. One cannot understand wealth without understanding how money flows, and who owns what. Transparency is indispensable.

Painting a compelling picture

Information is a public good, and data is a strategic public asset. However, the mere availability of data in its raw form does little to secure real change. Transparency can only bring about meaningful change when sometimes seemingly disparate data is woven together to tell a story. For data to truly add value, it needs to be analysed, matched and mined in a way that paints a meaningful and compelling picture on how money flows, and who it flows to.

While much of this work is done by researchers, it is just as often done by investigative journalists, requiring of them to not only be skilled analysts, but skilled narrators. This is why we have spent so much time helping incubate projects such as Finance Uncovered , training journalists to follow the money, and to deal with multi-jurisdictional financial secrecy.

While we continue to advocate for ever increasing data transparency, on World Press Freedom Day we also celebrate journalists the world over. 

Press coverage shining a light on abuses of power, hidden wealth, corrupt dealings and tax abuse does more than raise public awareness. It is about far more than simply acting as a source of information. Good journalism makes conversations about tax injustices accessible. It is a fundamental tool of democracy that has the power to lead to meaningful policy changes. Good journalism empowers citizens to hold their governments to account and to shape public discourse.

Data leaks

In 2016 journalists at German newspaper Süddeutsche Zeitung secured access to some 11.5 million documents, leaked from Mossack Fonseca (at the time, the world’s fourth largest offshore law firm.)   They shared the trove of data with media partners, including the Guardian and the International Consortium of Investigative Journalists, in a scoop known as the Panama Papers.

This was a milestone in public understanding of financial secrecy and global fraud, which we reported on at the time, speaking with journalists Frederik Obermaier and Bastian Obermayer about their interactions with ‘John Doe’. You can hear about that work from Episode 55 of our Taxcast podcast  and listen to their reflections a year later in Episode 64.

Impact of the Panama Papers

The release of the data itself would have done very little. The hours that 370 reporters from 100 media organisations spent unravelling the data, by contrast, did a lot. 

In their report on gauging the Global Impacts of the ‘Panama Papers’ Lucas Graves and Nabeelah Shabbir unpack how the data leak explicitly impacted the 88 countries in their study. At least 16 countries had at least one form of concrete reform, like a new law or policy, to address systemic issues exposed as a direct result of reporting on the leaked data. At least 45 per cent of the 88 countries studied explicitly noted that they were reviewing the implications of the papers. This included investigations by public agencies; parliamentary inquiries or hearings; dedicated commissions or task forces; and intergovernmental exchanging of data and coordination of investigations.

The Panama Papers brought citizens together in a call for change: protesting in the streets in Panama; lobbing bananas in Iceland; throwing rocks in Pakistan. 

Consequently, the data leak propelled governments to launch wide-scale and in-depth investigations. Iceland’s prime minister stepped down after his family’s interest was revealed in an offshore firm that stood to gain from the bailout of failed Icelandic banks. In Pakistan, Prime Minister Nawaz Sharif was forced to resign, barred from holding office, fined $10.6 million, and sentenced on corruption charges. Italy’s Guardia di Finanza investigated 800 Italians implicated; the Australian Tax Office investigated a further 800.

It resulted in consequences for those who peddle opacity. Sweden launched an investigation into four banks (Nordea, Handelsbanken, SEB and Swedbank); European regulators (finally) shut down Malta’s Pilatus Bank. The British Virgin Isles fined Mossack Fonseca US$440,000 for countering terrorist financing and money laundering regulations – the highest ever levied by the regulator.

But perhaps most importantly, it resulted in some systemic change. France and Colombia both restored Panama to their tax havens list. Although the US still performs poorly on the Financial Secrecy Index, it has started cracking down on anonymous shell companies. In Canada, coverage sharpened public criticism of a tax-amnesty program for voluntarily disclosed hidden assets, ultimately resulting in tighter amnesty rules.

The Lebanese parliament voted to lift bank secrecy protections, in order to avoid being blacklisted by the OECD. Mongolia and Ecuador passed a law banning public officials and their family members from owning offshore companies.

Denmark’s finance minister cited the Panama Papers to justify hiring hundreds of new employees to bolster the fight against tax fraud. Panama adopted OECD reporting standards and finally criminalised tax evasion, after having been repeatedly blacklisted.

The price

Inevitably, transparency comes at a cost. Predictably many of the reporters who were instrumental in lifting the veil have come under fire. 

A number of journalists lost their jobs in the wake of the leaks: a top editor of Hong Kong daily Ming Pao was unexpectedly fired on the same day the paper carried front-page reports on the Panama Papers. In Venezuela, a reporter for regime-friendly outlet Últimas Noticias was fired for working with the International Consortium of Investigative Journalists.

There are more than a dozen cases in which journalists or news organisations were threatened or restricted. In China censors instructed outlets to delete articles related to the Panama Papers. The Communications Minister in the Democratic Republic of the Congo publicly warned journalists to be ‘very careful’ about reporting on the data. Finnish tax authorities threatened to raid reporters’ homes to seize documents. 

In Malta, the brave anti-corruption campaigner and journalist Daphne Caruana Galizia was killed by a car bomb; and in Slovakia, Ján Kuciak and his fiancée were shot to death. Both journalists had been working on the Panama Papers in particular – and on speaking  truth to power in general.

Progress lost in the EU

One of the biggest impacts of the Panama Papers was kicking off a process that lead to EU countries finally establishing beneficial ownership registers and to various degrees providing public access to these registers. 

The public beneficial ownership registers had the potential to deliver the type of transparency that had made the Panama Papers so impactful but without the need for journalists to take high risks and pay high prices for it. That progress however was short lived.

The European Court of Justice made a baffling decision late last year to ban public access to beneficial ownership registers, effectively barring EU governments from using a powerful transparency tool that was largely a response to Panama Papers. You can read more about this decision and our analysis of the consequences here.

What this now means is the EU is once again dependent on the brave work of investigative journalists to bring vital transparency to wealth and money flows in the EU.

Transparency and democracy

Joseph Stiglitz – recipient of the Nobel Prize in Economic Sciences – so rightly said, “A free press not only make abuses of governmental powers less likely, they also enhance the likelihood that people’s basic social needs will be met. Secrecy reduces the information available to the citizenry, hobbling people’s ability to participate meaningfully. Essentially, meaningful participation in democratic processes requires informed participants.”

The Panama Papers may arguably have had the biggest impact on the public imagination, but others like Luxleaks and the Pandora Papers play an equally important role in changing the landscape for the better. 

What all of these data leaks have in common is that they only shed light and bring about change because of the work investigative journalists do to unpack the data. The data only becomes meaningful when the media weaves data into compelling narratives that speak to our collective need for justice. 

It is impossible to address tax injustices without transparency. And it would be impossible to secure transparency without the unwavering work of investigative journalists the world over. 

Tax saves lives: the Tax Justice Network podcast, the Taxcast

Welcome to the latest episode of the Tax Justice Network’s monthly podcast, the Taxcast. You can subscribe either by emailing naomi [at] taxjustice.net or find us on your podcast app. All our podcasts are unique productions in five languages: EnglishSpanishArabicFrenchPortuguese. They’re all available here. In this edition of the Taxcast:

It’s horrific that there are so many people across the world who still don’t have access to ‘survival rights.’ Things like basic sanitation, clean water, quality education, decent healthcare so that mothers can survive childbirth – and so their children can even survive their childhood! This is where tax justice gets the most urgent, because tax literally saves lives. In this Taxcast edition, host Naomi Fowler talks to people who’ve looked at new data that demonstrates this. We wish every CEO, every company board member, every shareholder and every government minister in the world would read this report. Then look us in the eye and tell us why they’re not moving every muscle in their body to do what is in their power to protect people, mothers and children. Because when they don’t, they do have blood on their hands.

Featuring:

A transcript of the show is available here.

“The world needs to start looking at tax as a human rights issue. Fair tax saves lives, tax abuse costs lives and the pathway to paying fair tax is through tax transparency. So corporations publishing their taxes and profits on a country by country basis, but also governments creating the right environment so that this is the norm, as opposed to the exception.” ~ Eilish Hannah, University of St Andrews

“We’re going to see more and more of this data being made public one way or another, both voluntarily and by mandate in different places. That’s the end game. In the meantime though, we’re losing time, we’re losing tax revenues, we’re losing the lives of children, of mothers. We’re losing public health and all sorts of public spending around the world. This is an urgent matter and we really should just move straight to public reporting, whichever way we can do it, wherever we are, as soon as possible.” ~ Alex Cobham, Tax Justice Network

“Just getting companies to disclose tax information is not something new. Already in the 1960s and ’70s African and Asian nations supporting the UN resolution on the New International Economic Order, were trying to gain sovereignty because they realised that even though they’d decolonised, the global economy was in the hands of the richest nations, in the hands of former imperial powers. And one of the ways this is done is through corporate power. Many of the multinationals are operating in these countries then, and still today are headquartered in the richest nations in the world. If companies aren’t paying their fair share of tax and are actually just shifting the profits out of countries, it means that governments are losing their revenue, losing their sovereign right to decide how to use taxpayer’s tax money and determine how to allocate it best for the nation. And government knows best, not companies.” ~ Rachel Etter-Phoya, Tax Justice Network

~ Tax Saves Lives

Further reading:

Here’s a summary of the podcast: Tax Saves Lives

Naomi: “Isn’t it horrific that there are so many people across the world who still don’t have access to what we could call ‘survival rights?’ Things like basic sanitation. Clean water. Quality education. Decent healthcare so that mothers can survive childbirth. And so their children can even survive their childhood?! This is where tax justice gets the most urgent, because tax literally saves lives. I’m going to talk to people who’ve looked at new data that demonstrates this. And I wish every CEO, every company board member, shareholder and every government minister in the world would read their report. And then look us in the eye and tell us why they’re not moving every muscle in their body to do what is in their power to protect people, mothers and children. Because when they don’t, they do have blood on their hands.”

Eilish: “The world needs to start looking at tax as a human rights issue. Fair tax saves lives, tax abuse costs lives and the pathway to paying fair tax is through tax transparency. So corporations publishing their taxes and profits on a country by country basis, but also governments creating the right environment so that this is the norm, as opposed to the exception.”

Naomi: “That’s Eilish Hannah of St Andrew’s University, one of the authors of the report “How can corporate taxes contribute to to sub-Saharan Africa’s Sustainable Development Goals? A Case Study of Vodafone.” Let’s start with a big multinational company. This report looks at Vodafone which, to its credit, for quite a few years, voluntarily published its accounts in each country it did business in. And yes, incredibly, many multinationals don’t have to do that still, we’ll talk more about that in a bit. Here’s one of their adverts – rather appropriately, this one features a mother giving birth in what looks like the back of a taxi:”

Vodafone advert: https://youtu.be/RGHyy_cTz7I

Naomi: “Isn’t that great?! Mother and baby are both doing well, all thanks to Vodafone! Now, most of these kind of companies are headquartered in wealthy, politically powerful nations. Vodafone is headquartered in the UK. But of course, they do business in many countries around the world. As this advert demonstrates. It’s an ad for Vodafone’s subsidiary in South Africa, Vodacom. It shows what looks like an emergency medical centre in the middle of nowhere, with a doctor and nurse, again, highlighting the lifesaving benefits of a decent phone connection:”

Vodacom advert: https://youtu.be/p_gZprbbMkk

Naomi: “So, Vodacom saves lives! Each year a company like this meets with its board and its shareholders, they publish a glossy brochure on how well things are going, and they take a few votes. But the accounts section of their glossy brochures may well be incomplete. That’s because for a long time many of these companies have been able to bundle up all their accounts from each country where they do business into one final convenient figure. That means they didn’t have to tell us their profits based on the business they were doing in each country, making it very challenging for tax authorities in those countries. Add to the mix that they were often using a tax haven or two, and shifting things all over the place to minimise their taxes still further! Well, the Tax Justice Network fought the good fight, arguing that multinationals should publicly report on their activities, country-by-country. For years we were told that it was an impossible dream, that it would never happen. Then the EU kicked off public country-by-country reporting for banks many years ago. And then they implemented – a watered down – country by country reporting version for multinationals headquartered in some jurisdictions. Under pressure, the OECD introduced its own version of country-by-country reporting, for the largest multinationals in all industry sectors. But, the data is private, and only easily accessible for OECD members. The EU has now required that this information is published by reporting multinationals operating in their jurisdiction, but, only for EU countries and a few others. You can see that bit by bit, it is getting harder for multinationals to hide from paying fair taxes in the places they’re actually doing business. But there’s still a long way to go. Here’s Alex Cobham of the Tax Justice Network:”

Alex: “So as of today, more than 90 countries or jurisdictions have implemented country by country reporting for private data under the OECD standard. Now because that data is not public, and is only exchanged privately between tax authorities, the OECD reckons that there are more than 3,300 bi-lateral exchange of information arrangements for country by country reporting in place. But of those – 93, I think it is, jurisdictions who are participating in information exchange, only nine of them are African, only two of them are least developed countries, only 28 are middle income countries. So this is overwhelmingly favouring OECD members getting access, and much less so the rest of the world.”

Naomi: “Hm. So, for example, African countries are rarely the headquarter countries for the world’s largest multinationals, right? That’s why what the most powerful nations do about this is so important. And obviously, there are historical reasons why, for example, African countries are so disadvantaged when it comes to getting access to country by country reporting by multinationals. There’s a history of disempowerment of those nations that’s a continuation of empire and patterns of extraction. Here’s Rachel Etter-Phoya of the Tax Justice Network:”

Rachel: “It’s interesting looking at the history because public country by country reporting or just getting companies to disclose tax information is not something new. Already in the 1960s and ’70s African and Asian nations supporting the UN resolution on the new international economic order, were trying to gain sovereignty because they realised that even though they’d decolonised, the global economy was in the hands of the richest nations, in the hands of former imperial powers. And one of the ways this is done is through corporate power. Many of the multinationals are operating in these countries then, and still today are headquartered in the richest nations in the world, and those efforts of African and Asian nations through the UN was really undermined and the club of the rich, the Organisation for Economic Cooperation and Development really took the reigns to try and maintain their control over designing tax rules and designing and deciding on what information gets shared or not. So, although when the Tax Justice Network two decades ago started to raise the call again for having, for the first time, public country by country reporting, corporate transparency in tax matters, the OECD said it was impossible and not gonna happen. And now today we do see progress, so the OECD now publishes some data that some companies and countries are providing to the OECD about where they are paying their taxes and profits. But, this is all anonymised, it’s not including all companies, it’s not including all countries. And this information is only available to tax authorities that are part of the global network, exchanging information, and the majority of the African countries are not part of this. Not because they don’t want to be, but because the way to get to join and the rules to be able to join are set by the OECD and there’s some hurdles that are just not possible at the stage for African countries to jump through. Particularly because they are former colonised states, and it was the way that the colonies worked and they were plundered and they weren’t able to, at those times, they were on the back foot when setting up systems. And so it means that there’s just not the right access to information, even though African and Asian nations have been calling for this, and Latin American countries as well.”

Naomi: “And so many of the OECD ‘rich country club’ member states are made up of – not only the worst global offenders for draining tax revenue from other countries, but a lot of them are former colonisers! And, before we get to the fascinating results looking at the data from Vodafone publishing its accounts country by country in six African nations – which we now know changed people’s lives – what can national governments do faced with multinationals taking advantage of rules that don’t force public reporting, country by country? Here’s Alex Cobham again:”

Alex: “If a multinational refuses to provide its country by country reporting data privately to its home country tax authority, or more likely if that home jurisdiction refuses to ask for the data in order to exchange it with others, then other countries are actually able in those circumstances to say to the multinational, ‘you’re operating in our country. And so you need to give us the information directly.’ This is what’s called local filing of country by country reporting data. But – that local filing is extremely rare, and in practice the local subsidiary of the multinational is able to say, ‘oh no, we don’t have that information. The parent of the group has that data, but they don’t give it to us, and so we can’t give it to you.’ So, you know, again, it’s just one of the ways in which this weakening of the OECD approach, moving away from public data, has ended up recreating these kind of power inequalities. Where the multinational’s able to say ‘no,’ it often will do.”

Naomi: “Charming! The realities of power, eh? How likely are some of the world’s less politically and economically powerful governments to push multinationals?”

Alex: “A country that’s weaker still has the power to demand local filing, and indeed you could demand local filing across the board rather than rely on information exchange. But you’d need, in a sense, the political support. In most cases, you know, this is a filing requirement, so you only have relatively small fines in place if companies don’t comply. Again, you could say, ‘this is a condition of operating in our economy. If you want to make money here, you have to give us this basic transparency.’ But that would take significant commitment from the government. Of course, you know, increasingly as this data is published by companies rather like Vodafone, voluntarily, but also companies that are reporting under the Global Reporting Initiative standard, which is a much more technically robust standard than the OECD one, countries can go, tax authorities can go and get that data themselves. Most excitingly, Australia has just published draft legislation that would require all multinationals over the size threshold operating in Australia to publish their country by country reporting data. And that would give a whole set of other countries around the world access to that data directly. So look, we’re on the road here. We’re gonna see more and more of this data being made public one way or another, both voluntarily and by mandate in different places. If the OECD was at all forward thinking, they’d say, ‘look, we need to get ahead of this. We need to finally respond to the public consultation that we did in 2020, to which the OECD has never published any response. What that showed overwhelmingly was that civil society and investors with trillions of dollars of assets under management were calling for the OECD simply to converge to the Global Reporting Initiative standard, which is much better, and to make the data public. That’s where this goes. You know, even the big four accounting firms are starting to recognise that that’s the end game. And it’s a question of, you know, whether they can drag their heels for another couple of years, or accept it and get ahead now. So, countries at all income levels will have access to this data soon enough, and the entire OECD architecture, both the relatively weak OECD standard, and this ridiculous mechanism for information exchange, will become obsolete fairly quickly. In the meantime though, we’re losing time, we’re losing tax revenues, we’re losing, as the Vodafone report shows, with those tax revenues, we’re losing the lives of children, of mothers. We’re losing public health and all sorts of public spending around the world. This is an urgent matter and we really should just move straight to public reporting, whichever way we can do it, wherever we are, as soon as possible.”

Naomi: “Yes indeed! With me now I’ve got Eilish Hannah from St Andrew’s University and, again, the Tax Justice Network’s Rachel Etter-Phoya. They’re co-authors of the report looking at how corporate taxes contribute to what’s known as the sustainable development goals. Let’s start with you Eilish on what those are, just quickly:”

Eilish: “Yes, sustainable development goals are a set of 17 interlinked goals, grounded in human rights law. They were adopted by the United Nations in 2015 as a continuation of the Millennium Development Goals. And basically their aim is to make sure that no human being is left behind and to make sure that our actions today don’t harm the wellbeing of the planet in the future and doesn’t harm the wellbeing of future generations. So the specific goals that we looked at in this paper were: access to basic sanitation and clean water, quality education, and then maternal and child survival rates, sustainable development goals three, four, and six. The climate change emergency and the pandemic sadly have threatened their progress, and in some cases they’ve actually reversed the progress we’ve made.”

Naomi: “Rachel, you’re in Malawi, you know yourself how the pandemic, the climate crisis, and other events have undermined progress on those goals?”

Rachel: “So yeah, here in Malawi, we were already reeling from high inflation, I guess the global economic crisis, the impact of the war in Ukraine, and then Cyclone Freddie hit, not just Malawi but Mozambique as well in particular. And it’s called so much devastation and people are starting to pick up their lives again now, working to rebuild. But it’s had a huge impact on the individual level, but also on the national level with government needing to respond to immediate needs, but also longer term planning to provide public services that work for everyone.”

Eilish: “Yeah, climate change is unfortunately causing ecosystem disruption in high and low income countries but very sadly, this is worse in lower income countries. Governments are having to spend more money and revenue and resources on recovering from natural disasters caused by climate change as opposed to the sustainable development goals.”

Rachel: “Yeah and so with the sustainable development goals, they’re a roadmap and it’s not just for governments to implement, but for everyone, so all sorts of organisations, including companies and the private sector, which is why we were looking at Vodafone in the paper.”

Eilish: “So our modelling looks at decades-worth of government spending data that it gets from UNU WIDER database, and the World Bank database, so we know that from looking at past spending habits over decades that you know, if they do have, see an increase in revenue, they do spend more on these rights, and it’s also supported in the literature as well.”

Naomi: “OK, so what did you find? Let’s look at Vodafone and the data you’ve looked at and analysed – you’ve looked at their tax contributions in six African countries. Vodafone voluntarily published its profits on a country by country basis, right?”

Eilish: “Yeah, at the time of the study, it was voluntarily publishing its taxes and profits on a country by country basis.”

Naomi: “Ha! That in itself is a sign to me of how far things have come because when I first started producing the Taxcast in 2012, Vodafone was one of the first big symbols of tax injustice in the UK that came to popular consciousness. There was a huge scandal about a sort of behind closed doors deal that they did with with the tax authorities in the UK after some clever corporate maneouver when they bought a company and then they routed the purchase through Luxembourg. Some estimates say they legally dodged paying £6 billion in tax, you know, all perfectly legal. Vodafone says the dispute was over a complex interpretation of the law and that various courts reviewed it before they settled. We only really knew about that agreement with the UK tax authority because of a very brave whistleblower, a tax lawyer working there at the time. And if you’re listening, thank you! There was also a protracted legal battle in India I remember with tax authorities there. Vodafone won that case in fact eventually, but they obviously decided that it was bad business to be fighting governments over tax. Now, whether their decision to voluntarily publish their activities at country by country level means they’re actually paying for taxes that they should, that’s another issue, isn’t it? I mean, that would take another study, but good for them that they did this, right?”

Eilish: “Yeah, I completely agree. I guess there’s no guarantee from what they’ve made publicly available that they’re paying their fair share of their tax liability, you know, the only way to know that I guess would be to do misalignment studies and to have a full set of their accounts. But as you say, Naomi, I think publishing your taxes and profits on a country by country basis is a really important transparency measure, and I guess you should give credit where credit’s due, so, yeah, there is public information available, which is why we chose them.”

Rachel: “Yeah, and a company can be doing something right in one area and be doing something really problematic in another area, so there was allegations in 2020 that one of the companies that are part of the Vodafone Group in Tanzania blocked network or blocked SMSs when they related to the opposition party, and obviously that had an outcome for the elections and so yeah, it’s really interesting to see how corporates engage, and Vodafone is very up front about it supporting the Sustainable Development Goals, and – it’s not always such a straightforward story.”

Naomi: “Yes, potentially not, although I imagine they’d deny that. Anyway, as far as I can tell today, Vodafone is not still voluntarily publishing its country by country accounts any more, which is interesting. It’s headquartered in the UK, which, by the way, had committed years ago to requiring multinationals to report publicly, country by country but guess what? They reneged on that in 2020. We’ve estimated, with others, that that could have recovered at least £2.5 billion in corporate tax every year for the UK Treasury. Anyway, tell me about the data from Vodafone and what you did with it?”

Eilish: “Yeah, of course. So we have an econometrician on the team who does the modelling, so he looks at the impact that increased government revenue will have on access to clean water, sanitation and education and then the impact that has on survival rates. So we used that modelling to get these results, and we looked at how much tax Vodafone paid in six African countries, so: Tanzania, Mozambique, Lesotho, Kenya, Ghana and the DRC. We looked at their contributions to these governments between 2007 to 2017, the average contribution in that time period, and then worked out how many people would have increased access to their rights and then increased survival rates from there. It’s probably important to mention, given we’ve brought up their tax controversies they had in 2012 that they only started publishing their tax reports on the country by country basis from 2012. So the estimates pre-2012 we’ve presumed is the same as the average between 2012 to 2017, which very well may not be the case. It may well be lower, so that is a limitation of the paper there.”

Naomi: “Again, so many reasons why transparency is important!” <laugh>

Eilish: “Yeah, no, it’s true!”

Rachel: “And what’s interesting in the model is that you take the figure and look at how governments have historically allocated their budget and assume that the governments will continue to allocate their budget in the same way, so split between all the sectors government always spends on. And then also there’s a five year lag because the research shows that generally, even if there’s an increase in spending in a certain sector, there’s a time lag of course before it has an impact on children being able to go to school or have access to clean water.”

Eilish: “Yeah, exactly yeah, and that’s based on their past spending habits, so the decades-worth of data from the databases that we talked about before.”

Naomi: “Yes, so – if a government typically was allocating say 10% of its revenue to health spending for many years – we know now from Vodafone’s data that each government received a certain amount of revenue from Vodafone, then you’ve kind of looked at it as 10% of this revenue will also be allocated to each sector the government is spending on, you can actually track it and its effects? That’s how we know that Vodafone’s taxes did change lives, right?”

Eilish: “Yeah, it’s true.”

Naomi: “Right. So what did Vodafone’s taxes mean for people?”

Eilish: “So yeah, so because of the taxes Vodafone paid between 2007 to 2017 over these six countries, it allowed over a million people to gain access to basic sanitation each year, and nearly a million people to gain access to basic drinking water each year, and cumulatively over 800,000 children were able to spend the next year in school. And because of increased access to these rights, over 54,000 children survived, and almost 4,000 mothers survived. And that’s just one company in just six countries. So, imagine how great it would be if every company did that in, in every country.”

Naomi: “Amazing!” <laugh>

Eilish: “It’s got huge potential!”

Rachel: “It does, and it shows us how important corporate income tax is and why it’s so important that companies are paying their fair share where they do their business and they don’t shift it offshore. And of course we’re not saying that Vodafone is paying their fair share, but just judging on what they declared, that has already had a huge impact with children and women and whole societies where they’re operating, which is really good. The other interesting thing that we observed is that the more income governments have, the better the governance is as well, so there’s sort of a virtuous circle between the relationship between government revenue and governance, which then also then has another positive impact on governments being able to deliver public services and use money efficiently, whether it’s raised through tax or through borrowing or other ways that the government generates income.”

Naomi: “Yeah and we know from your report that in lower income countries, even a small increase in government revenue does have a massive impact. I should say that that’s why the Tax Justice Network’s really supportive of non-profit public services, right, whether that’s state run or cooperative run, and I think you only have to look at the poor value for money that people in the United States get for healthcare access to see how important that is. Also, corporate tax is particularly important to lower and middle income countries because they get more of their share of tax revenues from that than in OECD countries, for example, where they have other tax bases to tax from, you know, like income tax?”

Eilish: “Yeah. Very sadly, in lower income countries, many individuals don’t have access to their fundamental rights or survival rights. Clean water, sanitation and quality education, which we know have been the most pivotal reason for increased survival rates over recent years. Everyone should have access to these rights in every country. And tax revenue is so important in these countries because it does increase access to these rights and the most realistic, feasible short to medium term solution for individuals to access these rights is through corporation tax, over any other form of tax.”

Rachel: “Mm. And so using the University of St. Andrew’s and the University of Leicester’s GRADE model, the government revenue and development estimations model, we find that an increase in revenue has a far greater impact for the number of children being able to attend school than in a richer country. So, an increase in corporate income tax just has a far greater impact for people and children being able to access their fundamental rights.”

Eilish: “Yeah. Because it’s – a lot of the rights they don’t have access to are cheaper than say it would be to increase survival rates in a higher income country.”

Naomi: “And something that comes up a lot in many countries is there’s a lack of trust in a tax system and in the governments that administer the tax system. There’s a popular belief, and not just in lower income countries, that taxes paid won’t actually translate into better services for ordinary people. I mean, people often don’t have a lot of trust that taxes will actually translate to a better life for them and that the state will use revenue in the public interest. What you would say to that?”

Eilish: “And it’s a really good question because that’s always the question that comes up, is government effectiveness. And so we’ve done some recent research looking at this, that has shown that increasing government revenue through tax does increase government effectiveness, and that’s supported by other studies. I mean, it does take time, so there’s a lag effect but you know, there’s multiple reasons why it does improve government effectiveness. So we know when they spend more on education, an educated populace will hold their government to account more.”

Naomi: “Yeah, this question is really all about one of our five Rs of tax, where we talk about representation being such an important aspect of tax in terms of building trust between the state and the people who live there. Improving representation is often a very neglected function of tax, but it’s so important. It’s very encouraging for us all to see that a large company like Vodafone is paying taxes into the system though isn’t it?”

Rachel: “Yeah, it’s really hard, isn’t it? ’cause if you see it as, I guess the, the state public purse as a bucket and you feel like you’re putting money in it, but it’s got holes and it’s coming out, it’s really hard to be motivated to pay tax. And I feel that on a personal level, even though I so deeply and fundamentally believe in tax justice, and tax justice is part and parcel of the same coin about the need to have tax justice, but we also need to have justice in expenditure, which has an impact on effectiveness. And I think those really go hand in hand, and yeah, as the research does show, increase in government revenue does have a positive impact on governance or government effectiveness, and therefore eventually on public services, it takes a long time, but it is a virtuous circle.”

Naomi: “Yeah, and again, it’s also about keeping the profit motive out of the public realm, profits from things like water and health really degrade that belief and trust people have that governments can act in the public interest when it comes to tax revenue. We’ve seen that slow degradation of trust in the UK as the public service space has been squeezed harder and harder and opened up to private interests.”

Rachel: “Yeah taxes save lives and our paper shows that, I mean taxes mean that more children go to school, can drink clean water, more mothers survive – this all contributes to sustainable development goals and to societies in a way the way where governments remain sovereign, I think that’s really important that a lot of the companies historically have talked a lot about their corporate social responsibility and have talked up all their investments in schools in the area where they’re working, like mining projects investing in schools, investing in farming cooperatives, is all really good and important, but if companies aren’t paying their fair share of tax and are actually just shifting the profits out of the countries, it means that governments are losing their revenue, losing their right, their sovereign right to decide how to use taxpayer’s tax money and determine how to allocate it best for the nation and government knows best, not companies.”

Naomi: “Yes, all that can take a very long time, for sure. But I think we can all agree here that if you’re a politically powerful wealthy country, you’re probably a member of the OECD, you have a responsibility to the rest of the world to make sure that any multinational company that is headquartered in your jurisdiction must do country by country reporting publicly. And if you’re not making that happen, then as I said earlier, you do have blood on your hands, because you’re not doing all that you can to uphold the rights of people, not necessarily people in your own population, obviously that’s important, but people who are living elsewhere too. And there is that duty – a legal duty – on governments in those wealthy countries where so many of these multinationals are headquartered.”

Eilish: “A hundred percent. I think the world needs to start looking at tax as a human rights issue. As this paper’s shown, fair tax saves lives, tax abuse costs lives. And as you say governments don’t only have a duty to respect, protect and fulfill rights in their own jurisdiction, they have extra territorial duties as well to protect human rights abroad. And if a corporation that they have under their jurisdiction is undermining those rights, then they have an obligation to do something about that. And also the corporation has a duty to respect those human rights by supporting those governments in those countries by paying their fair share of tax, so yeah, in not tackling tax abuse, corporations are failing in their human right duties, host countries – they’re failing in their human right duties and definitely home countries, like the higher income countries are a hundred percent failing in their human right duties.”

Naomi: “Yeah. Nearly all of them have signed up to the UN’s Convention on Human Rights and to support the sustainable development goals. So that is the way to do it!”

Eilish: “Yes. The only thing I would add is, you know, we’ve talked very much about the impact of tax in lower income countries, but, you know, it also does impact people living in higher income countries as well. The Tax Justice Network show that people who are living in higher income countries, they lose 8% of their health budget each year because of tax abuse, so while we facilitate it, we’re also kind of shooting ourselves in the foot in doing that as well, and, you know, higher income countries, we do still have our own issues, we’ve got increasing health inequalities, the most deprived in the UK, their life expectancy is now going down, and increasing our revenue through tax would help with that!”

Naomi: “Yes indeed. We need governments everywhere and their finance ministers to be on the right side of history here. Public country by country reporting will save lives.”

Tax Justice Network letter to King Charles III – Full Text

Sir,

At the Tax Justice Network, we believe our tax and financial systems are our most powerful tools for creating a just society that gives equal weight to the needs of everyone. As we celebrate our twentieth anniversary this year, we note the change of era reflected by Your Majesty’s coronation. We hope this can mark a pivotal moment to address the heavy financial and human costs borne by ordinary people in the UK, the Commonwealth, and around the world, due to the UK and its network of tax havens over which Your Majesty is Sovereign.

I salute Your Majesty’s statements to the Commonwealth nations last year that we “must find new ways to acknowledge our past” and warmly welcome the desire expressed to deepen Your Majesty’s own understanding of the enduring impacts of slavery and other aspects of colonial violence and extraction.

Many of today’s British ‘satellite tax havens’ are an unresolved legacy from that time, having been facilitated to develop as financial and secrecy centres as the British Empire began to change in the 20th century. These tax havens continue to disadvantage their own inhabitants as well as some of the poorest people globally – and of course the people of the UK.

We believe Your Majesty can help by pointing the way to end one of the world’s most enduring injustices. The UK, the Crown Dependencies and the British Overseas Territories are collectively responsible for facilitating nearly 40 per cent of the tax revenue losses that countries around the world suffer annually to profit shifting by multinational corporations and to offshore tax evasion by primarily wealthy and powerful individuals. This makes the UK and its network of satellite tax havens the world’s biggest enabler of global tax abuse. Our latest estimates from the State of Tax Justice report put the sum of this tax loss imposed upon the world by British tax havens at over US$189 billion a year, which is more than three times the humanitarian aid budget the UN requested for this year.

The UK also suffers from the lose-lose game of tax havenry. We estimate the UK itself loses at least US$52 billion in tax annually to global tax abuse, which is equivalent to losing the annual wages of over 1 million NHS nurses every year to multinational corporations and wealthy individuals underpaying tax in the UK.

Research shows that it is the largest multinational companies and the wealthiest households that are responsible for almost all of this tax abuse. The effect is not only to strip away funding for desperately needed public services. It also undermines smaller local businesses, forcing them to compete on an unlevel playing field against larger rivals paying unfairly low taxes.

These abuses make the tax system much less progressive than legislated rules would imply. It results in society being scarred by needlessly deep, overlapping inequalities for women, racialised groups and disabled people especially.

Global tax abuse is aptly described by the former Prime Minister of Niger Ibrahim Mayaki and the former President of Lithuania Dalia Grybauskaitė, in a foreword to the UN High Level Panel Report on International Financial Accountability, Transparency and Integrity, as a “double theft”: it robs people of billions in public funds, and in doing so robs billions of people of a better future.

This is particularly true for lower income countries, which are hit hardest by global tax abuse. While higher income countries lose more tax in monetary terms, their tax losses represent a smaller share of their revenues – an estimated 9.7 per cent of their collective public health budgets. Lower income countries in comparison lose less tax in monetary terms, but their losses are equivalent to nearly half (48 per cent) of their collective public health budgets.

Many lower income countries which bear the greatest brunt of Britain’s network of tax havens – what has been called “Britain’s second empire” – are already dealing with the economic and environmental legacies of Britain’s colonial empire.

There has been growing consensus in recent years that global tax abuse robs states of the resources to fulfil their obligation as duty bearers of human rights. Curbing global tax abuse and illicit financial flows is defined as one of the UN’s Sustainable Development Goals for 2030. Earlier this year, the UN Committee on the Rights of the Child called on Ireland to “ensure tax policies do not contribute to tax abuse by companies registered in the State party but operating in other countries, leading to a negative impact on the availability of resources for the realization of children’s rights in those countries.”

It brings me no pleasure to highlight to Your Majesty, as the Head of State and Sovereign of the Crown Dependencies and Overseas Territories, that the British Virgin Islands, Cayman Islands, Bermuda and Jersey all rank above Ireland on the Corporate Tax Haven Index 2021, our ranking of jurisdictions most complicit in helping multinational corporations underpay corporate tax. Ireland ranks 11th and is immediately followed by the Bahamas in 12th and the United Kingdom in 13th. Regrettably, the financial regulations of Your Majesty’s jurisdictions can be arguably said to pose the biggest non-violent threat in the world to human rights.

If the global tax losses caused by the UK, Crown Dependencies and British Overseas Territories were to be reversed, research by the University of St. Andrews and University of Leicester estimates that 6.4 million people in lower income countries would gain access to basic drinking water, 12.6 million would gain access to basic sanitation, and 1.2 million children would be able to attend school for an extra year. These positive impacts would in turn have a knock-on impact of reducing child mortality, saving the lives of over 220,000 children under the age of five over the next decade.

In 2013, the Tax Justice Network’s founder and former economic adviser to the States of Jersey, John Christensen, wrote a letter to Her Late Majesty The Queen, detailing how the UK and its jurisdictions ranked high on the 2013 edition of the Financial Secrecy Index. The index is a ranking of countries most complicit in helping individuals hide their finances from the rule of law. Since then, the UK has only worsened its ranking on the index from 21st in 2013 to 13th in 2022. While successive editions of our Financial Secrecy Index show that the world is successfully curbing financial secrecy, the UK sticks out as one of the few backsliders who are dramatically increasing their supply of financial secrecy to the world.

In 2015 and 2016, the Government showed true leadership in this arena by becoming the first nation to adopt a public beneficial ownership register and the first nation to adopt the legal power to require multinational corporations to publish their public country by country reports. The Tax Justice Network was among the first to campaign for these measures as far back as 2003. We consider these measures to be among the most powerful transparency tools available to governments for dispelling the financial secrecy that enables tax evasion, money laundering and corruption, and for exposing the profit shifting that enables corporate tax abuse. On the global stage, the then Chancellor of the Exchequer The Rt Hon George Osborne encouraged the EU and members of the OECD to follow in the UK’s example on transparency.

Sadly, Your Majesty’s Government has since back-pedalled on this progress. The deadline for the Crown Dependencies and Overseas Territories to establish public beneficial ownership registers was pushed back, with recent statements by officials now hinting that the jurisdictions may never establish the registers. Jersey has even introduced a newform of anonymous ownership vehicle this year.

But perhaps most damaging is His Majesty’s Treasury’s public reneging in 2020, under then Chancellor of the Exchequer The Rt Hon Rishi Sunak, on the commitment to require public country by country reporting. To date, His Majesty’s Government has not once exercised the legal power it continues to enjoy under the Finance Act 2016 to require multinational corporations to make public their country by country reports. With our allies at Tax Justice UK, we have estimated that exercising this legal power can recover at least £2.5 billion in corporate tax every year for His Majesty’s Government that is otherwise being lost to tax havens. The EU and Australia are moving ahead to increase transparency in this area while the UK remains resolutely opaque.

The overall effect is that the UK’s network of tax havens over which Your Majesty is Sovereign continues to facilitate cross-border tax abuse and other illicit financial flows at global expense. Rather than beginning to pay reparations for the violence, enslavement and extraction of the British empire, the UK’s “second empire” is continuing to add to the debts that we owe.

The scale of that debt is almost certainly unpayable. At a minimum, however, the time has surely come to stop the clock running. That means reversing the policies that support financial secrecy and profit shifting, and keep the UK’s “second empire” as the most damaging actor globally.

In addition, the UK has a responsibility to jurisdictions that make up its network of tax havens – many of which were encouraged down the road of tax havenry since the 1950s by UK officials and policymakers, on the basis that this would reduce the need for official aid and generate financial flows to support the City of London. Leading economists and campaigners from around the world who gathered at a conference we hosted last year on ‘The UK’s role in tax as a tool for racial justice’ spoke of the importance of the UK committing significant funding now, in respect to the legitimate claim for reparations and to support the pursuit of alternative, and less harmful economic models.

Ending our role in tax abuse would benefit the people of the UK too. Your Majesty spoke in the Christmas message last year of the “great anxiety and hardship” for those struggling to “pay their bills and keep their families fed and warm”. It is difficult in this context of current economic hardship to understand why Your Majesty’s Treasury is leaving the option to recover £2.5 billion in tax from corporate tax abusers on the table and instead opting to require millions of hard working people to pay more tax on their incomes under the frozen income tax personal allowances.

Your Majesty’s Treasury also continues to underfund tax enforcement measures, even though the evidence shows that each £1 spent here will bring in a further £8 in revenues – simply by improving the compliance of the highest earners who currently enjoy impunity. It is a sad indictment of the triumph of ideology over evidence that the UK loses nine times as much to tax fraud as it does to benefits fraud, but dedicates more than three times as many staff to fighting benefit fraud. Research by TaxWatch UK also shows that the country pursues 23 times as many criminal prosecutions of benefits fraud as of tax fraud.

Internationally, the UK is now standing in the way of the march of progress. In a historic moment in November last year, the countries of the world unanimously adopted a resolution at the UN General Assembly to begin negotiations on establishing a new UN role on monitoring and setting global tax rules. These negotiations have the potential to herald in a new era of economic justice, where for the first time in history, our global tax rules are discussed and decided in a democratic and open forum at the UN.

For the past sixty years, global tax rules have been set by a small club of rich countries at the OECD, many of which like the Switzerland and the UK, are the world’s biggest facilitators of global tax abuse. A now decade-long attempt by the OECD to reform global tax abuse has failed to deliver.

For the majority of the world, moving rulemaking on global tax to the UN will create the opportunity for full sovereignty over their taxing rights for the first time since their independence. For the people of OECD member countries too, including the UK, the move will re-establish the scope for genuinely fair taxation by providing transparency and public accountability over their taxing rights, which their governments have often traded away behind closed doors at the OECD where corporate lobbyists and tax havens have long exercised oversized influence.

Worryingly, Your Majesty’s Government has already attempted to thwart these negotiations and prevent the move to the UN. The UK, the OECD and other rich nations applied unprecedented diplomatic pressure last year to prevent the resolution from coming to a vote. The UK voiced its opposition to the negotiations at the UN General Assembly last year and it is widely expected that the UK will leverage its weight to block negotiations from succeeding.

Our hope is that these negotiations will succeed and bring about a UN tax convention that delivers the policy solutions long called for by leading economists, campaigners and communities to truly end global tax abuse. To end the double theft of livelihood and future that multinational corporations and wealthy individuals have exacted on the world – and have done so to a great extent by leveraging the laws and financial systems of the nations and territories Your Majesty reigns over.

These negotiations mark a crossroad in history for people all around the world, for our planet and for future generations. At moments like this in history, people have looked to the Royal Family for guidance, for example and for hope. I urge Your Majesty to let Your Majesty’s voice be heard in this global discussion that will echo throughout history.

Lastly, I wish to commend the example Your Majesty has made by committing to voluntarily pay income tax, as did Her Late Majesty the Queen; and to note, in the span of Your Majesty’s charitable work, The Prince’s Responsible Business Network Business in the Community for its role in promoting responsible business practices, workplace equality, equal parental leave and just climate transition.

Along similar lines, Your Majesty may be interested in the work of the Fair Tax Foundation, a pioneering British organisation that manages the Fair Tax Mark, a robust and independent accreditation scheme for businesses that is often referred to as “the gold standard of responsible tax conduct”. The Fair Tax Mark has been tremendously successful in inspiring British businesses and initiatives to exercise and be proud of paying the right amount of tax, at the right time, in the right place.

The ranks of the Fair Tax Mark accredited now include some of the UK’s biggest employer, such as the Co-operative Group, Richer Sounds, the Timpson Group, Scottish Water and Dŵr Cymru/Welsh Water as well as FTSE 250 companies SSE, Pennon Group PLC, MJ Gleeson and The Watches of Switzerland Group.

The Fair Tax Mark recently became an internationally available accreditation, bringing this British badge of honour and ingenuity to the world. German, Italian and Danish multinational corporations have now attained the accreditation.

Corporate tax avoidance topped the UK public’s list of concerns in 2022 for the tenth consecutive year in a poll by the Institute for Business Ethics. Asked what issues most need addressing in their view of company behaviour, the British public put corporate tax avoidance above bribery and corruption, and above environmental responsibility and worker exploitation. In a poll by the Fair Tax Foundation in the same year, three quarters of respondents reported they would rather shop with, or work for, businesses that can prove that they are paying their fair share of tax.

Given the inspiring work of the Fair Tax Mark and the overwhelming support among the British public for the tax conduct the Fair Tax Mark celebrates, I wish to invite Your Majesty to consider once again setting another commendable example by encouraging Your Majesty’s enterprises to seek the Fair Tax Mark accreditation.

Tax is our social superpower. Instead of living short, harsh and solitary lives, tax allows us to organise to create the potential for a state with both the ability and the accountability to support progress for us all.

The social contract is at risk when overlapping inequalities are stark; when the origins of much wealth are in question; and when the tax compliance of the highest-income households is demonstrably poor. Bringing full financial and tax transparency to the monarchy offers a path for Your Majesty to provide a powerful impetus for good.

With best wishes,

Alex Cobham
Chief Executive
Tax Justice Network

cc The Rt Hon Rishi Sunak MP Prime Minister

Tax Justice Network Ltd
C/O Godfrey Wilson Ltd,
5th Floor Mariner House,
62 Prince Street, Bristol, England BS1 4QD
Enquiries to [email protected]

Como aumentar arrecadação sem aumentar impostos? The Tax Justice Network Portuguese podcast #48

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

Crise climática, pandemia, guerra, Inflação e altas taxas de juros. Dois terços dos países do mundo tentam resolver as múltiplas crises com cortes nos gastos sociais ao invés de realizar reformas tributárias que garantam justiças fiscal e social.

Diante desse cenário, o episódio #48 do É da Sua Conta traz uma receita que garante aumentar a arrecadação sem mexer nos impostos. Como? Com 3 ingredientes:  combate à sonegação fiscal, aumento na transparência, com registro de beneficiários finais de empresas, e revisão das isenções fiscais, principalmente as que são privilégios. Transcrição: #48 É da Sua conta

No É da sua conta #48:

“O governo poderia ter optado por uma trajetória mais longa de estabilização da dívida pública e, com isso, ampliar o gasto público no curto prazo para poder viabilizar uma série de políticas públicas que foram promessas de campanha. ”
~ Marco Antonio Rocha, Universidade Estadual de Campinas

“São 18 anos para a decisão final de uma autuação fiscal. Para diminuir o tempo de litigiosidade “o Ministro da Fazenda precisa determinar que Receita Federal e CARF sigam a mesma interpretação da lei.”
~ Clair Hickman, Instituto de Justiça Fiscal

“Um sistema de intercâmbio de informação entre autoridades tributárias só funciona se toda empresa que abrir uma conta  bancária em outro país tiver que registrar e fazer pública a informação sobre os beneficiários finais.”
~ Florência Lorenzo, Tax Justice Network

“Percebendo-se que os benefícios só vão criar custos,  não há necessidade de atribuir benefícios. Olhando concretamente para o setor extrativo, o recurso está na terra. Se o custo (à sociedade moçambicana) vai ser superior que a sua exploração, é melhor deixar lá.”
~ Rui Mate, Centro de Integridade Pública

“Se o Estado está arrecadando menos e está investindo menos para gerar emprego e renda, é porque alguém está deixando de pagar imposto. E esse alguém são as grandes empresas.”
~ Juvândia Moreira, Central Única dos Trabalhadores e Trabalhadoras

“Cada renúncia fiscal indevida é uma pessoa a mais passando fome, é uma pessoa sem creche, é uma pessoa sem médico, é uma pessoa sem medicamento no posto de saúde. É isso que nós não queremos continuar assistindo.”
~ Fernando Haddad, Ministro brasileiro da Fazenda

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