Beneficial ownership and fossil fuels: lifting the lid on who benefits

Until now, the tax justice and climate justice movements have mostly tended to operate in isolation from each other, despite having many common goals and objectives. This is the first in a series of blogs examining underexplored issues at the intersection of tax justice and climate justice. At the heart sits seeking to redress historic and ongoing inequalities in the exploitation of planetary carbon boundaries, and in the unfair distribution of ongoing human costs. Carbon tax justice uses progressive policies to uncover and reduce inequalities, significantly reduce emissions and facilitate a just transition. 

In this blog we explore how climate justice and tax justice advocates can unite and demand beneficial ownership transparency for carbon-intensive industries, especially for listed companies and investment funds. 

Who are the beneficial owners of the climate crisis? 

Beneficial ownership transparency means identifying those individuals who ultimately own, control or benefit from legal vehicles such as companies, trusts or foundations. It is a transparency tool generally associated with tackling money laundering, tax evasion, corruption and the financing of terrorism. But there’s more to it. 

Until now, it has been almost impossible to know who the beneficial owners of the most carbon-intensive companies are. A litany of loopholes prevent identifying real owners: from high thresholds in the beneficial ownership definition (allowing anyone with less than 25 percent of shares in a company to avoid scrutiny) to directly exempting investment funds or listed companies. For instance, the Extractive Industry Transparency Initiative (EITI) standard requires disclosure of only the name of the relevant stock exchange and not the name of the end-investors of the listed company.  

Trying to lift the lid on beneficial ownership and fossil fuels, Dario Kenner’s Polluter Elite Database tried to manually identify the individuals and investors behind some of the largest oil companies. For Exxon Mobil, for instance, (and using publicly available data from 2015) he could only account for 12.08 per cent of the shares, most of which belonged to two large investment funds: BlackRock and Vanguard. In other words, we have no way of knowing who the individuals are who ultimately hold the remaining 88 percent shares, nor who is indirectly benefitting via BlackRock and Vanguard. 

Beneficial ownership transparency has huge potential to help address the extreme inequality in global carbon emissions. It could strip away the existing layer of anonymity protecting those owning carbon intensive investments, and level the playing field for effective, fair policies to reduce greenhouse gas emissions. 

A global asset registry for big polluters 

The real purpose of beneficial ownership transparency of companies and other legal vehicles (as currently implemented in many countries) should be to ultimately know who the real owners of high value assets are, like real estate, yachts, private jets, collectible art, precious metals, etc. Countries could start by joining up their beneficial ownership registries for companies and trusts with  national asset registries for particularly high value assets, that would ultimately converge in a global asset registry. This could serve as the foundation for various global ‘good taxes’, would also help with asset recovery in criminal cases with unexplained wealth orders, and improve the measurement of wealth inequality.  

But there is also a crucial climate argument for a global asset registry. Dario’s work proves that most luxury assets like yachts and private jets are highly polluting.  

Other studies show how, for example, soy and beef farming have been associated with deforestation in the Amazon – while more than two thirds of their foreign capital has been channelled through tax havens. Moreover, about 70 per cent of vessels implicated in illegal, unreported or unregulated fishing were registered in tax havens, using flags of convenience to disguise their activities and make them harder to track. 

Lifting the lid of anonymity that conceals the real owners of these assets is a key step in making polluters pay, be it through climate damages taxes or other policy interventions aimed at reducing greenhouse gases.  

A lot has to happen to implement a global asset registry. Both beneficial ownership and asset secrecy loopholes need to be fixed.  

In line with the recommendations from ourRoadmap to effective beneficial ownership transparency’, climate justice and tax justice advocates should call on policymakers in every country to establish laws (or amend existing frameworks) to make sure that: 

Conclusion  

Carbon-intensive companies and sectors dramatically worsen the climate crisis. However, there is very little information about individuals (the “beneficial owners”) ultimately owning, controlling or benefiting from these companies. The complex ways in which individuals can hold opaque interests in carbon-intensive industries is indistinguishable from those used by criminals to engage in money laundering and tax evasion.  

The climate crisis and illicit financial flows related to money laundering, tax evasion or corruption are closely connected. There is one policy measure that could help tackle both: beneficial ownership transparency and, eventually, a global asset registry.  

Achieving carbon justice is possible. We can start by uncovering those profiting most from the climate crisis, and introducing wealth and other progressive taxes. 

Spoiled pets and private jets: 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:

In this episode Naomi Fowler looks at how the very wealthy shape the world, why the rest of us really, really can’t afford them. And, how it never ends just with the pet mansions and the cashmere-lined private jets, as the fascinating story of the EU Court of Justice ruling (reversing progress on public registers of beneficial owners of companies) demonstrates… There’s plenty we can do about it!

Featuring:

“The real centre of the offshore system is not the wealthy clients everyone talks about in the newspapers, it is the grey bureaucratic people called wealth managers, the attorneys, bankers, accountants, tax advisors etc who are the brains of the system. If you want to sanction wealthy people, what you actually need to do is knock their wealth managers out of the system, or disable their wealth manager’s ability to serve those oligarch clients.” ~ Brooke Harrington

Transcript of the show is available here (some is automated), and there’s lots of further reading and viewing below.

~ Spoiled pets and private jets

Further reading and viewing:

For more podcasts go to our website

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. Get in touch and tell me what you think of the show! OK, on the Taxcast…

[dog sounds and jet sounds]

…spoiled pets and private jets. We can’t afford the rich. But there’s plenty we can do about it. So, come fly with us…yeah, I know it’s cheesey!”

[Music: Sinatra, Come Fly With Me]

Naomi: “Whether you’re pretty wealthy, even wealthier or super-stonkingly rich, if you choose it, there’s no long waits at airport check-ins for you, and no need to expose yourself to diseases by mixing with the public – seriously, monkey pox and covid are two of the reported reasons private aviation’s booming. And apparently it’s tough in the private jet business, as this entrepreneur explains. I hope you’re taking notes!”

Entrepreneur: “About a year ago in the beginning of 2022 I started a private jet charter broker company with a partner and here’s the reasons why you should not start this business: first off, the customer is very, very specific and very, very hard to market to. The person you’re going after that’s going to spend 20, 30, 40, 50,000 dollars on a private jet flight for a single charter is somebody that makes between 5 and 10 million dollars a year or more. Now how do you acquire these customers? If you havea very good organic network and you know a lot of high net worth individuals that charter jets specifically then this may be a business model for you, but for myself even knowing a lot of people that make a million dollars a year, two, three million dollars a year, even those people in my network often do not travel via private jet, it’s simply not worth the cost. If you’re making a hundred thousand dollars a month net or even gross, whatever it may be, twenty thousand dollars on a trip is quite a lot of money and it really just doesn’t make sense if you can fly first class or whatever, so the customer is very, very hard to go after. My business as a private jet charter broker is over, it’s a failure for me.”

Naomi: “Oh dear! So this guy didn’t own any private jets himself. What he was doing was connecting up wealthy people to private jet operators for a fee. And he was mainly using google ads to get his leads. In that youtube video, he says he was investing about $1714 to get enough clients who eventually paid up for private jet flights, and he made an average of $1837 per flight. You can see why he gave it up!

But a few steps up from that, there are of course big multi-million dollar companies that own, lease and operate entire fleets of private jets. The number of private jets globally has gone up 133% in the last 20 years. But there are some challenges to their business model too – listen to this conversation among colleagues in this sector. This is a video made by one of the world’s biggest private jet companies, Luxaviation:”

Interviewer: “Do you get many clients asking for sustainable fuel?”

Colleague 1: “Well, I think we need to work on that as an industry, I think we do a lot, we’re starting to look at sustainable aviation fuel to run some of the aeroplanes, er we’re starting to look at more efficient engines and I think we can, we can work, you know within our parameters, we’ve got to do as much as we can to convince people that we’re part of the overall transport plan. I think going forward, you know, one of our questions is the perception of business aviation, it’s going to be a challenge for us.”

Naomi: “Hm. And it’s not just public perceptions they’re worried about:”

Colleague 2: “I mean youonly have to look to the US and see you know there are several people who are tracking every aviation flight, you’ll see Bernard Arnault has just sold his aircraft based on the tracking and the sort of sustainability pressure, and some of the large pharmaceutical companies have decided to sell up their fleets as well. I think we’d be kidding ourselves to think that they are no longer flying privately, I think they’re probably going to less trackable methods.”

Naomi: “Yeah, one way to do that is transferring ownership of your jet to a trust so we don’t know who owns it, so tracking it’s of limited use. Bernard Arnault, by the way, is the second richest man in the world apparently. Actually he’s just been told he can’t dock his yacht in Naples because it’s too big – it’s got a glass bottomed swimming pool and outdoor cinema. He’s very disappointed apparently.

But back to flying – who is the typical private jet owner? Well, they’re overwhelmingly male, over 50, and they’re in banking, finance, and real estate. They represent 0.0008% of the global population. Their median net worth is $190 million. They don’t bother with chartering a private jet from a company, they buy their own. And unlike some wealthy people, this guy’s not ‘private’ about it:”

New jet owner: “It’s a huge day, I’m shaking, that’s how huge a day it is!”

New jet owner’s friend: “Tell everyone!”

New jet owner: “I am going to get to see my new jet today for the very first time! You’re going to see it with me for the very first time! It is ridiculously exciting and I don’t know what to do with myself so…!” [laughs]

Naomi: “A private plane will cost you millions – aviation experts say to justify buying your own jet you’d need to be burning through 350 to 400 hours of flight time a year.”

New jet owner: “And here we go! Ha ha haaa!”

New jet owner’s friend: “What?!! Get out of here!”

New jet owner: “How about this?!”

New jet owner’s friend: “Mate, that is gorgeous!”

New jet owner: “Is that wicked? Wait till you see inside it! I am so ridiculously excited!”

New jet owner’s friend: “Oh my god!”

New jet owner: “Alright, let’s do it!!”

[plane noise]

Air crew member: “Your Freighter 600!”

New jet owner: “Oh my god! I’m going in! Oh my god this is wicked! It’s exactly the way it’s supposed to be! The only one in the world!” [fade out]

Naomi: “And this guy’s purchase is relative small fry – here’s Kim Kardashian checking out her new jet:”

Kim Kardashian: “I wanted it to feel like an extension of me and an extension of my home. I had a bathroom put in the front, a bathroom in the back, every seat has its own phone charger. The best most exciting part of the plane is it’s all cashmere, the ceilings, pillows, headrests. I feel like I’m doing an MTV Cribs for planes, like oh what a dream!”

Naomi: “Ha! A cashmere-lined plane interior! Never a clearer example of why we need wealth taxes!! On the subject of taxes, Donald Trump’s 2017 Tax Cuts and Jobs Act (remember that?) allowed jet owners to write off the cost of a new plane used for business purposes in its first year. His most recent plane cost him a reported 100 million dollars and it’s got gold plating everywhere. There’s no doubt governments need to implement a whole range of wealth taxes, urgently. And check this out…from jets, to pets…”

[Dogs barking, music]

Dog owner and dog mansion owner, Paris Hilton and reporter: “Hi guys! Hi guys! Hi everyone! Hello little angels!”

Reporter: “Paris designed the doggy mansion as a copy of her own home. So who’s who? Point out which dog is which!”

Paris Hilton: “Prada and Dolce, that’s her daughter, that’s Marilyn Monroe, and this is [inaudible]!”

Reporter: “Look at his jumper! Check this out! You are one trendy doggy aren’t you?! You’re so cool, you’re so cool and trendy! That’s ridiculous, you’re so adorable! And this house, I mean I’d happily live in there! Let me have a little look. It’s got stairs!”

Paris Hilton: “Yeah, some furniture and a chandelier!”

Reporter: “You’ve got a mezzanine level and a sofa, haven’t you?!”

Paris Hilton: “A closet…”

Reporter: “They’ve got a closet! And it’s actually got clothes in!”

Paris Hilton: “I just designed it sort of like my house with like mouldings and put the chandelier and the heater and air conditioning…”

Reporter: “We’ve got air conditioning, this is just genius!”

Paris Hilton: “I love animals! They’re very spoiled!”

Reporter: “And rightly so, they’re little princesses!”

Naomi: “Yeah, really! Spoiled pets like these seem to have as many ‘needs’ as their private jet owners have – back to that Luxaviation video:”

Colleague: “Some of the maybe special things you might want – are you traveling with pets, are you going to be having your dogs, do you want them loose in the cabin. We have a regular flyer who’s a budgie that comes in his cage and he occasionally brings his love bird mate with him, so there’s a lot of little sort of small questions that might be the kind of icing on the cake to ensure that you get the aircraft that makes it the most kind of pleasurable and easy experience for you.”

Naomi: “Budgies and their love mates! Of course! Anyway, Luxaviation’s CEO really caught the world’s attention at the recent Financial Times’s Business of Luxury conference in Monte Carlo, Monaco. The Guest of Honour was His Serene Highness Prince Albert II of Monaco. Luxaviation was a ‘gold sponsor’ for the conference, so – maximum PR potential to pitch this private jet company. And that’s just what the CEO of Luxaviation did. He used an unusual and eye catching angle…”

Patrick Hansen: “Now what you do not know but I think is important to put in perspective – a cat is responsible for possibly 700 kilos of CO2 every year – so three cats is one passenger.”

[Record scratch sound effect]

Naomi: “Pardon, what?! Someone from the company clarified afterwards that he meant to say dogs, not cats. What he’s saying is that having three dogs is as bad for putting out carbon dioxide as a year’s private jet flying for one person. (It’s not). The private jet industry does have an image problem, it’s got a moral problem, and it knows it. And it’s not just the general public. Here’s a millionaire telling the BBC why he’s getting rid of his jet:”

Millionaire: “The ten times the amount of carbon input into the environment versus commercial travel, that did it, it threw me over the edge, it’s like I’m taking up 10 seats in a 737 when I’m flying, instead of the one that I do. It just struck me – how incredibly selfish!”

Naomi: “Well, yeah! According to estimates, just 1% of people are responsible for about half of all aviation carbon emissions. Going back to that bizarre dog statistic from the CEO of Luxaviation – he got that from a book on carbon footprints by Professor Mike Berners Lee. And here’s the Professor himself talking to the BBC:”

Professor Mike Berners Lee: “I was pretty disappointed to see my book being as a justification for luxury private jets which is what Luxaviation were using it for. In my book I do talk about the carbon footprint of an average dog being 700 kilograms per year – rough estimate, and Luxaviation estimated that I think it’s a single short flight on one of their smaller jets would be 2.1 tonnes, so that does work out at three dogs per single one-way flight. Those numbers from Luxaviation look suspiciously low to me, they don’t tally with sums I’ve done elsewhere.If you took five return short-haul flights on a private jet in a year, that would be like having 60 dogs!”

Naomi: “It starts to get mind boggling when you try calculating dog per long haul flight. Apparently it does depend on what you feed the dogs, the size of them and all sorts of other stuff – but that’s not for this podcast! Anyway, the professor is very clear:”

Professor Mike Berners Lee: “Cutting out private jets, we absolutely should reduce them by a long way, they’re something like ten times more carbon intensive than normal commercial flying. All of us need to ask any time we think about taking an aeroplane we have to understand that’s a high carbon thing to do and we have to ask ourselves – can we justify it? And if you’re taking a private jet we have to ask ourselves ten times as hard.”

Naomi: “Yeah, I know – it’s really the system and governance we need to focus on and tax has a huge role to play in that. By the way, the professor’s not impressed by all the world summits we’ve had, the so-called ‘COPS’ to tackle carbon emissions and climate crisis:”

Professor Mike Berners Lee: “I think we have to recognise that we’ve now had 27 – that’s 27 COPS – to try to cut the word’s carbon footprint and if you look at the global carbon curve, it’s still going up – at the global level – it’s still going up exactly as if humans had never noticed that climate change might be an issue, so we have to recognise the COPs are absolutely not doing it for us!”

Naomi: “Hm. Taxes really are a superpower for tackling the climate and inequality crisis. At the Tax Justice Network, we’ll be covering that in more detail soon – I’m putting some further reading on that in the show notes, so look out for that. But, back to the world of the super-wealthy and Luxaviation, the private jet company. That company’s CEO is interesting because he recently played a key role in protecting the secrecy of the wealthy and powerful. If we rewind a good few years, there was a breakthrough in Europe when it came to identifying the real flesh and blood owners of companies. After all the leaks and scandals – like the Panama Papers – exposing the dangers of financial secrecy, the fourth European Anti-Money Laundering Directive came along – implementing beneficial ownership registers, or UBO registers in the EU. Yes, the very same registers the Tax Justice Network was laughed at for proposing – we were told they’d never happen:”

Dun & Bradstreet: “However, many states made this only accessible to law enforcement authorities which made it not very effective. The fifth directive then went further and stipulated that they must be publicly accessible, although even with this many countries dragged their feet in terms of creating them and they weren’t necessarily easy to access or even free.”

Naomi: “This is business advisory firm Dun & Bradstreet:”

Dun & Bradstreet: “Luxembourg was one of the first to introduce one and it did make it completely free to access. However a couple of individuals then challenged the Luxembourg business registers, saying that their ownership interests would open them up to disproportionate risks and also infringe their rights to private life.”

Naomi: “One of these individuals was the CEO of Luxaviation. The case ended up in the European Court of Justice, which ruled in his favour. That ruling rolled back one of the most powerful measures against financial secrecy of the past decade, taking away the requirement for EU nations to have a public beneficial ownership register. It meant European governments who wanted to, could return to the dark ages of dirty money. At the time of recording, only a third of member states kept their registers public after the ruling. You won’t be surprised to learn that the ones that ended public access tend to be countries that were already offering higher levels of financial secrecy. All this just as governments were showing off about seizing the assets of Russian oligarchs. Well, good luck with that! Back to Dun and Bradstreet:”

Dun & Bradstreet: “So onto the ruling itself. Essentially it boils down to weighing up the objectives: ie combating financial crime and preventing money laundering versus the interference with article 7 and 8 of the EU Charter in respect to the rights to personal and family life and the protection of personal data. Some of the concerns that came out of the ruling suggest that it is not suitably clear that public access actually advances the objective. The court however did point out that articles 7 and 8 are not absolute rights, so they do not simply override everything, but they must be shown that the level of interference is proportionate to the objective.”

Naomi: “Yep, all rights are subject to reasonable restrictions that also serve society. And financial secrecy doesn’t just offer criminal opportunities to people potentially, it undermines an accountable economic system. Florencia Lorenzo of the Tax Justice Network:”

Florencia: “Legal vehicles in general, and especially those that grant limited liability, are a specific type of a social pact between individual societies and the state where those individuals that create the legal vehicles and the corporate vehicles, they benefit from some privilege that must be followed by some duties and accountabilities, right? So if societies agree to that fact, it is only fair that they know who are they actually protecting and guaranteeing the rights, because those rights are not a fruit of nature, it’s not something that is kind of given, like this is a pact which comes with some accountability. And then there is this issue that if you are an investor or a potential commercial partner, you might not be investing and you’re gonna trade with someone and you want to know who is the person behind the company, because I mean, how can you trust it? So from the point of view of the investors or the commercial partners, this is obviously a big issue. Transparency is fundamental.”

Naomi: “It is. Here’s Mark Bou Mansour of the Tax Justice Network:”

Mark: “It’s worth highlighting here that the European Court of Justice has based its decisions on principles of privacy and human rights, which are meant to be universally applicable. But the ruling only really applies to a very narrow group of people. For most companies, at least in most parts of Europe, when they incorporate, they need to publicly register their legal owners. And for most companies, their legal owners are their beneficial owners. If I legally own a company on paper, I’m a shareholder, you know, I make the big decisions for the company. I benefit financially from the company, I’m its legal owner and its beneficial owner. But if you’ve got the means and maybe the incentive to hire a team of accountants and lawyers and financial service providers, structures can be put in place to separate you from the company as a legal owner, but keep you in place as a beneficial owner. So you know, you can put in place legal nominees, shell companies and tax havens that hide any paper trail of your legal ownership of the company, but you still get to call the big shots of the company, you still get to financially reap the rewards from the company, but hiding your legal ownership of it. And that is a form of financial secrecy and that’s what this ruling has done really, it’s upheld the supposed privacy not of all business owners, but of a very narrow group of business owners who want to remain in secrecy, who want to remain hidden while they continue to benefit and control companies.”

Naomi: “It is indeed a small group of people – the vast majority of us just don’t have the money to purchase financial secrecy, this kind of ‘escape’ to a sort of nowhere-land where we can potentially buy our way out of accountability, taxes and laws that apply to everyone else.

Back when nations first made ownership registers public, journalists were able to build on the good work from leaks like the Panama Papers and expose even more corruption, conflicts of interest, tax cheating and money laundering. All very much in the public interest. So, what was the Luxaviation boss worried about? Florencia Lorenzo again:”

Florencia: “There is no evidence whatsoever that making beneficial ownership information public leads to an increase in crimes against the wealthy. This sort of information, so the name, the nationality, the country where the person lives, I mean, you didn’t have even the address of that person in the register, you know, it’s not like you would go to a BO register to find this information. And I think that the most ridiculous part of that is the premise that anyone might need beneficial ownership information to know who the wealthy are in societies, when everyone already knows that by the neighbourhoods they live in, the cars they drive, etc.”

Naomi: “Yes, the Michelin star restaurants and five star hotel suites are a much better bet if you’re into kidnapping, blackmail or extortion! But, as you’ve heard from the Luxaviation CEO’s rather eye-catching dogs per flight comparisons, he’s no shrinking violet. And his desire for privacy seems to be selective. This is Mark Bou Mansour of the Tax Justice Network:”

Mark: “You’ve got the highest court in the European Union shutting down transparency measures that took years to put in place. These measures are a response to the Panama Papers, they’re there to protect against tax evasion, corruption, money laundering, sanctions-busting, you name it. And they’re shutting these measures down because they’re accepting and upholding the argument of a plaintiff who’s saying these measures expose me to kidnapping when I’m traveling abroad by revealing my wealth. But throughout the whole course of this case, the plaintiff is on Facebook, on Instagram, publicly posting about their travels abroad, demonstrating their wealth, posting about their luxurious private jet business, they’re using Facebook geo-tagging services. They’re, they’re tagging, you know, publicly accessible, identifiable places, identifiable places they’re visiting. It’s unbelievable!”

Naomi: “That sounds all too familiar to Brooke Harrington, who’s done groundbreaking private wealth management research:”

Brooke Harrington: “When you’re wealthy enough to afford a wealth manager and to use offshore finance, often what you really want is simply to protect what you have from the various forces that might diminish your assets, which include taxation, debts. So the same people who don’t like to pay their taxes also don’t like to pay their debts and there are hired bounty hunters who chase these people around. Wealthy folks who don’t like paying their debts also have a bad habit of bragging about their locations on Instagram. A few years ago the Wall Street Journal ran a really interesting article on a friend of mine who is a very high powered lawyer who was based in London at the time and basically all he did was follow the Instagram accounts of oligarchs, and as soon as they came to the UK or particularly to London, they would post some photo of themselves at Claridges or something and he’d be like ‘right!’ to his team and he’d send them to Claridges to the smoking room to serve these individuals with the legal papers necessary to start the lawsuits to reclaim whatever it was they owed to my friend’s clients, so taxes and debts threaten a person’s fortune.”

Naomi: “When you take a closer look at the Luxaviation CEO, Patrick Hansen, there certainly are things he might indeed prefer to keep secret, as Luxembourg journalist Luc Caregari of reporter.lu and colleagues reported:”

Luc: “Why he went to such trouble to protect his privacy? That’s very simple. I mean, he is known for two big companies. One is Luxaviation, that’s a private jet company, and the other one is Saphir Capital Partners, which is a private equity firm, and we have discovered that Luxaviation has received massive loans from a Russian businessman called Alexander Kolikov, who is close to close to Putin and who has a firm in Russia that worked on pipelines, even on the North Stream Two pipeline. And in the same moment, the private equity firm Saphir Capital Partners holds tons of money from the same Kolikov, I mean generally, they are working on his investments.”

Naomi: “There’s a lot of other connections they dug up, but those kind of connections have become more controversial since the invasion of Ukraine. But some of those oligarchic connections have long raised eyebrows because of the ways many of Russia’s wealthy got wealthy. And that’s not all. Patrick Hansen’s been owner or director of more than 117 companies registered around the world, including in well-known secrecy havens like Belize and the British Virgin Islands. There may well be more. Many of the companies he’s directed had Russian beneficial owners. Not illegal, but according to experts, unnecessary complexity in corporate structures, and so many directorships often raise red flags for further investigation. The Luxaviation CEO Patrick Hansen says he’s just a hard worker. He also says he’s been fully transparent about the financing of Luxaviation; none of his Russian business partners have been sanctioned; and, any loans he’s had went through banks that did compliance checks. With this privacy case that began in Luxembourg and ended up in the European Court of Justice, we didn’t even know, initially, who was behind it. Journalist Luc Caregari again:”

Luc: “How did we discover Patrick Hansen’s identity? Well, that’s a simple one. We went to court, simply because he was there! A colleague of mine knew that there was a case against the UBO registry and she went there and recognised him because he’s a very public figure and he’s very well known, he likes to give interviews and boast about his businesses, but he doesn’t like to be investigated, it seems.”

Naomi: “After the European Court of Justice ruling, not all, but some European countries were super-fast to shut their registries to public eyes. Patrick Hansen says that was not his aim, and he was only ever trying to protect his own privacy. But, leaving aside these individuals who brought the case, achieving this European Court of Justice ruling is a real feather in the cap of the lawyers who represented them. And, Brooke Harrington says this is exactly the point that governments are missing with all their big words about tackling oligarchs, financial crime and corruption:”

Brooke Harrington: “The real centre of the offshore system was not the wealthy clients everyone talks about in the newspapers, it was the grey bureaucratic people called wealth managers, the attorneys, bankers, accountants, tax advisors etc who are the brains of the system. Because billionaires are not sitting on their yachts trying to master the tax code of the Cayman Islands or the BVI, or what have you. They don’t have time for that, it’s too complex, and it’s ever changing. So they outsource it to professionals and those professionals are known as wealth managers and they’re like the brain trust of the whole system, they construct the offshore system for individual clients and they manage it in a dynamic way. The centre is the wealth managers. One implication of that is if you want to sanction wealthy people, what you actually need to do is knock their wealth managers out of the system, or disable their wealth manager’s ability to serve those oligarch clients.”

Naomi: “These are the enablers, and they escape the attention they deserve. Brooke has recently released another groundbreaking report working with mathematicians and experts in network and complex systems analysis. The International Consortium of Investigative Journalists’ Offshore Leaks Database offered possibilities to study offshore that didn’t exist before, thanks to five massive leaks: the Pandora PapersParadise PapersBahamas LeaksPanama Papers and Offshore Leaks. Here she is, explaining the study at a recent Tax Justice Norway event:”

Brooke: “Our objectives were to map the structure of this semi-invisible system. You know, aristocrats and criminals have a lot in common – they use the same structures to hide their dirty work, and both of them depend for their power on dirty work. So what we found was not just a network of offshore finance, we found a very unusual kind of network, it’s called a ‘scale-free’ network. Very few networks are made like this – the world wide web, gene editing networks, airline networks. You know, they’re organised around a hub? So if you’ve ever like flown through bad weather – like, my home town of Chicago notoriously gets terrible winter storms. If Chicago O’Hare airport shuts down, pretty much the entire US airline network shuts down. So that’s the kind of network we’re talking about. It’s very robust, except if you attack those hubs. Now imagine that transposed to the offshore system. If you’ve ever wondered why sanctions and blacklisting haven’t worked so well, the implication here is that those efforts haven’t attacked the hubs, they’ve attacked the spokes. So if you shut down the airport in Wichita, Kansas you wouldn’t even notice if you’re flying anywhere else in the US. But you shut down one of the hubs – Newark airport, Atlanta, Chicago, you’re stuck. You’re stuck even if you’re in Los Angeles, you’re not going anywhere. That’s the kind of structure we’re talking about. You can break the whole network simply by intelligently targeted attack.

Because in this data set, clients come from everywhere. These are the countries that produce the highest proportion of billionaires in the world: Russia, China, the US and Hong Kong. This starts to show us the shape of these secrecy networks. One of the things that is very pronounced – oligarchs operate a lot like mafiosi – that means that they want to keep the number of people who know their business, know what their wealth is and where it is, to an absolute minimum, so that means they work with a very, very, very limited number of wealth managers. That creates a hub and spoke kind of system, it creates a vulnerability. Compartmentalising, concealing information is the name of the game here. We call these places tax havens, offshore but what they really are is secrecy havens and secrecy of course is about information control. One of the ways you control information is tightly limit the number of people who know the big picture.

What happens when you disrupt the networks of Russian, Chinese, Hong Kong and US oligarchs, the people who use the offshore financial system? We used a methodology common in network analysis called The Knockout Experiment. What happens there is you look at someone’s network and you just say ‘let’s take out one person in the network,’ sort of like – are you familiar with the game called Jenga? You know, like a little pile of sticks and then you take one or two out at a time? Well this is like a very special game of Jenga where you target which stick you take out, and just like you’d expect in the web, or with airline networks, or gene editing networks, not all sticks in that system are created equal. If you take out the stick labelled ‘wealth manager,’ especially in the Jenga piles for Russian and Chinese oligarchs, the whole tower comes down. That is a very important piece of information if you’re a policy maker, because it means – don’t waste your time sanctioning the wealthy people.

Turns out also, not only do Chinese and Russian oligarchs concentrate their secrets among one or two wealth managers, they concentrate geographically for a variety of reasons, so if you just pull out the 26 sanctioned oligarchs who appear in the ICIJ database, you get some very interesting pictures. Most of those 26 sanctioned Russian oligarchs have already been sanctioned multiple times but were able to evade the effect of sanctions, they moved themselves around or they moved their assets around. And of course when I say ‘they’ I mean their wealth managers, so one of the problems for public policy is it’s really hard to sanction the ultra-wealthy. Just like it’s hard to shut down or sanction offshore financial centres that abuse the law. Well, one of the reasons for that that we’ve discovered is that the sanctions are targeting the wrong thing, they’re targeting the oligarchs. You can take out oligarchs’ access to one or two offshore piles of money, but if you really want to shut them down, what our work shows is you’ve got to get their wealth managers and those wealth managers are named in the Panama Papers and the Paradise Papers and the Pandora Papers, so we know who they are.

So if what you really want to do is cut off bad guys from their offshore wealth, what we’re showing quantitatively is the way to do it is make it so the wealth managers can’t serve them. There’s a very long history of doing this in the law and starting at the end of the second world war there were rules about which experts could share information about nuclear biological and chemical weapons with whom, so that’s the model that we’re suggesting can be applied to wealth managers. The message from governments – and this is already being done in the US, the UK and the EU – the message to wealth managers is ‘go ahead, practice your profession, you’re not constrained, except that you can’t work with these sanctioned individuals!’ That sounds pretty reasonable right? But that would have a massive impact and that’s what we’ve demonstrated in this work. Sanctions against elites may be ineffective, but sanctioning their wealth managers is likely to be extremely effective. If there’s a political will to do it.”

Naomi: “Yes. Brooke Harrington there. What she’s saying about wealth managers could potentially be applied to other enablers, like lawyers. In fact, there’s a surprisingly small elite group of legal firms that serve oligarchs and the super wealthy. Big lawyer company Mishcon de Reya represented the Luxaviation CEO, managing to end public access to registers of beneficial owners. While Mishcon de Reya may also take on many worthy and good cases, until recently they ran a specifically named ‘VIP Russia Service’ specialising in “reputation protection,” wealth structuring and asset protection for high net worth Russians. They’ve removed that page from their website and they’ve said they don’t serve any sanctioned Russians. Mishcon de Reya was also hired, by the way, to defend the reputation of a wealthy client doing business in Malta against investigations by the Maltese journalist Daphne Caruana Galizia, who was sadly assassinated. According to her sons, that legal action ‘sought to cripple her financially with libel action in UK courts.’

Even if journalists weren’t once again so constrained in many jurisdictions in accessing information on beneficial ownership registers, leaks like the Panama Papers will continue to be inevitable. Because the system for the extremely wealthy and powerful is still so secretive. And there are people working within that system that understand the damage, no doubt about it.

Political will really is key. Governments could stop a lot of crime and corruption in its tracks very quickly if they really wanted to. The question is how close they are to those who benefit from financial secrecy, and how much they themselves use it. Governments are failing on financial transparency and they don’t properly fund enforcement that we know would make corruption much more difficult. Last word goes to the Tax Justice Network’s Florencia Lorenzo:”

Florencia: “It’s a very hypocrital thing that the wealthy do not care about identifying when this is like a social distinction, when you want to make sure people know that you have more power, but when you should be kept accountable, you do not allow authorities to make any information public, so I think that this is ridiculous. And I think that maybe that’s one of the most outrageous elements of the ruling, for those that are concerned with social justice, is that it tries to embed the decision within the context of human rights language. Because I mean, how can you actually guarantee human rights are being respected within the context of opacity?! This ruling is undermining transparency and accountability, which is a core element of any framework that seeks to guarantee human rights. Civil society organisations and journalists make hugely important work in terms of keeping companies and other legal vehicles accountable. Some local groups might also be interested in keeping track of some entities, and they won’t be able to do that or they will have to make like a huge effort to access this information. So if for instance now if you’re talking about environmental crimes that some community might be dealing with, a lot of those crimes are actually protected by corporate opacity. So if local communities want to access who is the person that is actually committing those crimes, they’re going to have to fight a very upwards battle. It’s not going to be simple.”

As armadilhas das criptomoedas #50: 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:

Bitcoin, stablecoin, criptomoedas: por que são armadilhas? É possível regular, evitar crimes e tributar para que elas caibam em uma economia que funciona para todas as pessoas? Estas perguntas estão respondidas no episódio #50 do É da sua conta.

Trancição do Episódio #50

Participantes:

~ As armadilhas das criptomoedas #50

“O Bitcoin é uma forma de dinheiro altamente antissocial, no sentido pleno dessa definição; que não aceita ser atravessado por nenhuma dinâmica redistributiva, tributária, regulatória e assim por diante.”
 ~ Edemilson Paraná, LUT University

“Para minerar criptomoedas, o uso de energia dé maior do que o consumido em alguns países inteiro. Em um contexto de crise climática e energética, tributar criptomoedas pode ser adotado pelos países como forma de reprecificar. ”
  ~ Florência Lorenzo, Tax Justice Network

O Brasil tem, desde dezembro de 2022, uma lei de ativos virtuais. Em junho de 2023 foi editado o decreto que determina o Banco Central como órgão regulador. “Mas isso está longe de resolver a questão da regulação. O próximo passo é a edição do regimento interno pelo próprio BC”.
 ~ Rafael Paiva, professor de economia e especialista em ativos virtuais.

“A lei do Bitcoin teve um impacto na política fiscal e permitiu que a comunidade internacional visse a gestão arbitrária de fundos públicos e estatais por parte do governo (em El Salvador).”
 ~  Tatiana Marroquin, economista salvadorenha.

“Para as pessoas que têm dinheiro, sugiro investir em cooperativas, projetos de produção –  industrial ou agropecuária – , de preferência projetos coletivos e com perspectiva sustentável.”
 ~ Aurora de Armas, ouvinte É da Sua Conta

Saiba Mais:

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

The finance curse and the ‘Panama’ Papers

When finance gets too big, it can undermine the rest of the economy, and foster corruption in government. That causes significant social harms for a country like the UK. For smaller jurisdictions, where the dominance of finance can be even more intense, the damage of the finance curse can be dramatic. Layered on top of that, smaller jurisdictions are discriminated against in everything from media coverage and political comment on ‘tax havens’, to the listing processes of global North organisations like the OECD and European Union.  

The following blog is by Zheng Cao, Chris Jones and Yama Temouri, the authors of a new study that explores the impact of the Panama Papers – a scandal whose very naming focused the reputational damage on one jurisdiction, far in excess of Panama’s real contribution. The authors also show that across jurisdictions, and where no scandal occurs, an over-dominant financial sector is associated with substantial economic harm. How can jurisdictions extricate themselves from the finance curse?


It’s been over 7 years since the release of the Panama Papers by the International Consortium of Investigative Journalists: the ‘giant leak of more than 11.5 million financial and legal records [exposing] a system that enabled crime, corruption, and other questionable activity, hidden by secretive offshore companies’. It led to the downfall of Prime Ministers in Iceland and Pakistan as well as exposing the sprawling links and complex connections of wealth held by close Associates of Vladimir Putin. The now infamous Panamanian law firm, Mossack Fonseca, has closed, but the co-founders of the firm are still embroiled in legal issues to this day.

But what impact has the leak had on the economy of Panama? At the time of the scandal, Panama’s President, Juan Carlos Varela, pronounced that the leak addressed tax evasion in general but not Panama per se – hence, deflecting the effects of the scandal on Panama’s image. In a recent study, published in the highly-ranked Journal of Travel Research, we analyse whether the media scandal has had a negative impact on Panama’s economy in terms of its tourism exports, a key sector of the country. Furthermore, we deploy statistical analysis that investigates the long run impact of financial sector growth on the tourism industry.

We relate the impact of the Panama leak to what economists refer to as the natural resource curse, which is well-known in development economics. As a form of Dutch Disease, countries dominated by particular sectors, for instance oil, may crowd out and cause a decline in other areas of the economy, such as manufacturing. Christensen, Shaxson and Wigan apply this concept to the role of the financial sector in the UK and coin the term ‘finance curse’ to describe the situation where an oversized financial system becomes a drag on productivity growth, by driving up prices and nominal exchange rates, harming the competitiveness of the tradeable non-financial sector and taking skilled workers away from high-tech jobs. They also highlight a further effect, that this overdependence leads to the finance sector increasingly dictating policy changes (rather than voters). Over time, this is seen to undermine government accountability and the social contract.

We essentially apply the Dutch disease argument to the impact of offshore finance on tourism. Thus, the financial sector, in particular in tax havens, crowds out the tourism sector. As is well known, tax havens such as the Cayman Islands and the British Virgin Islands are often associated with tourism as well as a dominant offshore financial sector.

What if there had been no such thing as the Panama Papers? Using a statistical technique called the Synthetic control method, we found that since the scandal in 2016, Panama’s tourism exports have fallen relative to an estimated counterfactual level that would otherwise have been attained. The (synthetic) control unit is made up of a pool of countries that resemble Panama in terms of geography, economic development and dependence on tourism and offshore financial services.

Although tourism exports rose from US$0.85 billion (in real terms; seasonally adjusted) in 2016(Q2) to US$0.94 in 2018(Q1) they would have been considerably higher had the scandal not occurred. This is estimated at 0.8 per cent lower than the control unit for 2016; 7.4 per cent lower for 2017; 5.9 per cent lower for 2018; and 10.7 per cent lower for 2019 (see Figure 1).In summary, we can say that this media scandal appears to have had a significant economic impact, given that tourism contributes around 14.5 per cent to Panama’s GDP.

Figure 1. Growth path of tourism: Panama vs a counterfactual with no ‘Panama Papers’

Note: The solid line shows the actual values of Panama’s real tourism exports, whereas the dashed line represents the counterfactual values of the same in the absence of the scandal.   

Our other results uncover more broadly the impact of financial sector development on tourism exports for a sample of small open economies (ie Dutch disease in this context). Our measure for financial development is the value of real financial services exports and we include this in a panel data model with tourism exports as the dependent variable. One of the problems associated with this type of empirical specification is that the underlying process that generates tourism exports may also generate financial services exports. Hence, we estimate a number of models to account for this statistical problem.

We find that a 1 per cent rise in real financial services exports leads to a 0.172 per cent fall in real tourism exports, consistent with the Dutch disease argument.

Our results have a number of important implications. Firstly, it would appear that a major leak and media scandal, such as this, has real economic consequences as well as political consequences. This means that future media investigations that implicate other small open economies may be detrimental in terms of affecting a country’s reputation.

Secondly, our study shows that a tax haven development strategy may be counterproductive. It may crowd out other sectors of a country’s economy. It is well known that the returns of financial sector development typically accrue to the wealthiest members of society and lead to widening inequality. In encouraging greater financial sector development at the expense of higher employment in sectors such as tourism, policy-makers should not be surprised to find that they have created deeper inequality.

Launching the Tax Justice Network’s new climate initiative

If you had told me when I was younger that I would be thinking about taxes, voluntarily, day in and out, I would have laughed. But then, through a combination of research, exposure, being challenged, and righteous anger, I started taking to issues of economic justice, of inequality.

What I used to not have words for – the fact that in Brazil, I saw more helicopters than in New York, and yet many communities had no access to sanitation facilities, that these two extremes shouldn’t co-exist – became part of a new understanding. With this understanding of inequality, came another slow and painful realisation: that the wealthiest countries and households are far, far more responsible for overconsumption and planetary damage – something that is more widely understood today. Because the resulting harms are felt most sharply by lower income countries and households, the crises of climate and inequality are mutually exacerbating. In fact, I don’t think of them as two separate issues anymore – they are two sides of the same problem.

This led me to asking questions about what we can do about it, to reduce emissions, to reduce inequality – and is what ultimately landed me in this job.

Today, we are happy to announce the Tax Justice Network’s new stream of work focused on carbon tax justice – a vital aspect of our mission to reprogramme tax systems into tools for equality. Our work on carbon tax justice will seek to mainstream our approach to pricing and non-pricing instruments aiming to cut carbon emissions, and relies on what we call the triple reduction nexus:

  1. emissions need to be reduced quickly;
  2. in large quantities;
  3. while simultaneously trying to reduce high and rising inequality.

This nexus reflects the need for radical, progressive climate policies built on equality, treating the needs of all members of society in the middle of major transition as equally important, while recognising the legacies of historic climate injustice.

To mark the occasion, we are releasing a comprehensive position paper titled Delivering climate justice using the principles of tax justice: A guide for climate justice advocates. The document aims to demystify and lay bare what tax can (and can’t!) do for climate justice.

It is cognisant of the fact that those among us who consider themselves part of the climate justice movement seldom get the chance to speak with confidence about reforming the financial system, the fiscal structures and tax frameworks that so critically constrain effective climate action, when they could be playing a vital part. Opening ourselves up to the immense role these systems and frameworks play can seem daunting, as the ministries and organisations that negotiate them, their language and analyses tend to shroud themselves behind a veneer of seemingly neutral, highly technical expertise.

The position paper is therefore meant for anyone interested in the principles, arguments and areas where the worlds of tax and climate justice overlap – be they activists, policy specialists, researchers and journalists – and overlap they do, a lot.

This brief will also serve as a guidepost for our future activities, outlining our understanding of specific areas deserving of targeted efforts, against the backdrop of our continued advocacy around a UN tax convention.NOTEFor the past century, global tax rules have been set by a small club of rich countries, some of which rank as the world’s most harmful tax havens. The outcome is tax rules that fail to stop, and sometimes even encourage, tax injustice.

Establishing a UN tax convention will give all countries a say on global tax rules through a democratic, inclusive intergovernmental body under the UN, and will introduce global tax rules that must adhere to the UN’s human rights principles. Learn more here.
It serves as the foundation upon which we will develop advocacy, policy and research activities, in collaboration with our networks, allies and partners.

Carbon tax justice capitalises on the immense skills and knowledge built in the movement over the past 20 years, cutting-edge thinking and weaving together of solutions to interconnected issues. Over the next few weeks, expect to dive into topics that link the climate and tax justice movements in tangible ways, including through mechanisms of financial transparency. We’ll dive deeper into why beneficial ownership transparencyNOTEA beneficial owner is the real person, made of flesh and blood, who ultimately owns, controls or benefits from a company or legal vehicle. Transparency on beneficial owners cuts through the secrecy tactics used to hide the identities of beneficial owners, and makes sure the wealthiest are held to the same level of transparency and accountability as everybody else. Learn more here. is closely linked to some of the most carbon-intensive industries, and take a new look at why carbon credit schemes are set up to fail countries in the Global South.

Together, we can challenge the status quo, dismantle systemic inequalities, and forge a more sustainable future for all. Please come along for the ride and let us know how you would like to collaborate.

Switzerland’s tax referendum is a choice between tax havenry and more tax havenry

Corporate taxation in Switzerland has about as many holes in it as its famous cheese does. That is possibly about to change (although whether for the better or the worse is up for debate.) 

Introduction of a minimum global tax rate in the EU 

On 12 December 2022, the EU adopted the proposal for a Council Directive to introduce a minimum tax rate of 15 per cent for multinational enterprise groups and large-scale domestic groups in the EU. The proposal relates only to groups with combined financial revenues of more than €750 million a year. In practice, if the effective tax rate for the group is below the 15 per cent minimum, it will have to pay a top-up tax to bring its rate up to 15 per cent.  

EU member states need to implement the new rules by 31 December 2023. 

Why a minimum corporate tax rate is important 

Low corporate tax rates have become a blunt tool used to get large corporates to establish themselves in a particular jurisdiction. But in doing so, it becomes a race to the bottom, with countries punting ever lower tax rates.   

Tax competition is a false economy.

The Tax Justice Network has long argued that these strategies that are pursued in the name of a euphemism like “competitiveness” or “open for business”, are little more than a woolly-headed concept. These “competitive” incentives are always directly harmful to the wider public interest. Even in the cases where tax cuts do attract investment, it attracts exactly the wrong kind of investment: the flighty kind with few productive linkages with the rest of the economy. 

A global minimum tax rate, if done right, can help prevent multinational corporations and wealthy individuals from exploiting tax loopholes and artificially shifting profits to low-tax jurisdictions. It also helps in reducing the incentive for companies to engage in harmful tax competition, where they relocate or shift profits solely for tax purposes. In the process, it prevents the kind of profit shifting and tax abuse which is eating away at the public funding countries need for public services, infrastructure development, and social welfare programs. 

Sadly, negotiations at the OECD have beaten the global minimum tax rate down from a timid 21 per cent rate – initially proposed by the Biden administration – to an ineffectual 15 per cent. Calls from lower income countries and the UN for substantially higher minimum rates – closer to widely held statutory rates – have been completely ignored in the process. With the rate set far below most countries headline corporate tax rates, the deal will unashamedly benefit rich tax havens that are members of the OECD like Ireland, Luxembourg and Switzerland.  

What started as a speed limited for tax havens is now a rewards programme for tax havens – and in Switzerland’s proposed local implementation of the deal, a rewards programme specifically for tax abusers based in Switzerland. 

Current corporate tax rates in Europe 

The importance of establishing a global minimum tax rate is evident when one considers the current corporate tax rates across eg Europe in general, and a country like Switzerland in particular.  

The average corporate tax rate in Switzerland is 13.5 per cent. Of its 26 cantons, 21 have tax rates well below the minimum 15 per cent threshold set in the new EU rules. In some of its cantons, the tax rate is as low as 11 per cent (Basel-Stadt, Zug and Nidwalden).  

The situation is even worse when you consider the fact that corporate tax havens like Switzerland often allow multinational corporations to pay corporate tax rates that are far below the headline corporate tax rate. For example, our 2021 Corporate Tax Haven Index found that some companies exempted from Switzerland’s tax reform could potentially be allowed to pay a corporate tax rate as low as 2.61 per cent

Of course, it’s not just Switzerland that has artificially low corporate tax rates. Switzerland ranks 5th on our Corporate Tax Haven Index 2021, which is a ranking of countries most complicit in helping multinational corporations underpay tax. Other countries in the region that rank high on the index are Netherlands (4th), Luxembourg (6th), Jersey (8th) and Ireland (11th).  

Netherlands and Luxembourg both have headline corporate tax rates of about 25 per cent, but both were found by the 2021 edition of the Corporate Tax Haven Index to have tax rulings in place that permit corporate tax rates as low as 5 per cent in Netherlands and 0.3 per cent in Luxembourg. Ireland has had had a headline rate of 12.50 per cent but had tax rulings permitting 0.005 per cent corporate tax rates, while Jersey set its headline tax rate at 0. 

The only purpose of the artificially low tax rates is to entice corporates to be based there. Holistically viewed, this is problematic because it does not bring real economic activity to the region – it simply shifts profits there, from the jurisdictions where the economic activity is actually happening (and where taxes should instead be paid.) Some US$ 1 trillion is shifted to tax havens every year, and as our State of Tax Justice 2021 report shows, Switzerland alone cost the rest of the world at least $19 billion in lost tax a year by enabling corporate profit shifting.  

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Switzerland voting on introducing a minimum corporate tax rate 

The Swiss parliament has translated the OECD minimum tax rules into a “national supplementary tax”. This will see multinational enterprises in Switzerland having to pay a top-up tax to raise their effective tax rate to a minimum of 15 per cent. 

On June 18, the issue goes to the polls in Switzerland.  

For Switzerland to implement the new EU rules, the federal government needs to intervene in the otherwise tax-sovereign cantons. Because of this, and because the change would result in differentiated treatment for certain classes of taxpayers (the largest corporate taxpayers), it constitutionally requires a public vote before a minimum tax rate can be introduced across Switzerland. 

The Swiss vote is a false choice between tax havenry, and more tax havenry 

At face value the Swiss vote seems to suggest a move towards undoing the country’s status as a tax haven. It’s an illusion: the choice is effectively between staying a tax haven, or becoming even more of a tax haven. The top-up tax is misleadingly being presented as an anti-tax havenry choice.  

Public debate on the new measure has largely framed the measure as something Switzerland ought to do on in own terms and beat other countries to the punch on, rather than be pressured into it down the road under less favourable circumstances. Former Swiss Finance Minister Ueli Maurer made the calculation quickly: “If Switzerland doesn’t take the extra money, others will.” 

But as Dominik Gross from Switzerland’s Alliance Sud explains, if Swiss citizens vote in favour of the minimum tax rate, rather than bring an end to the race to the bottom, the new rules will instead preserve Swiss tax havenry in a perfect, perverse loop. As  Gross explains, “If Switzerland decides to adopt a minimum tax and to apply it to multinational groups in line with the OECD’s suggestions, it pre-empts other countries’ possibility under the same OECD rules to recuperate some of the tax on undertaxed Swiss income. Much of this income shouldn’t be Swiss income in the first place, given that it also includes profits shifted away from subsidiaries in those other countries.”

The potential spill over impact on other countries is significant. Switzerland is the country with the highest density of multinational corporations in the world, the home of some of the biggest financial companies in the world, and of very prominent players in the pharmaceutical, food and commodity trading industries. Instead, as Gross goes on to explain, “countries currently losing out on tax revenue to multinational enterprises using Switzerland’s tax havenry services won’t be empowered by the OECD’s global minimum tax rules to recover that lost tax revenue. Instead – shamefully – the OECD’s new rules will reward Switzerland’s decades-long harmful behaviour while multinational enterprises continue to underpay tax, particularly in the global south, as usual.” 

It gets worse: Switzerland plans to use the additional revenues from the top-up tax to further improve Swiss “competitiveness,” through reductions in capital taxes or personal income taxes; the state taking over part of the companies’ operating costs;  research promotion measures for start-ups; and direct subsidies for wages paid by corporations. 

In practice, a vote for the minimum top-up won’t end Swiss tax havenry, but will instead amplify and rubberstamp it. Ultimately Swiss voters are being asked to choose between keeping Switzerland’s corporate tax havenry as is – or making it worse.   

Issues with the current discourse on a minimum global tax rate

The Swiss vote is important for many reasons: if it passes, it will likely have a significant impact on the local economy, but also a broader impact on the taxing rights of other countries.  

While the new EU rule rightly recognises the need to stop the race to the bottom, in its current formation it does nothing to stop it. Worse, it rubberstamps it. The current discourse positions a global tax rate – for EU companies, at least – at far lower than the 21 – 25 per cent that had originally been discussed. The USA has also already noted its unwillingness to adopt a minimum global rate in principle. And so, regardless of this particular vote, more work is needed to ensure traction for a minimum corporate tax rate in Europe, and beyond.  

The tides are turning against tax havens: polling data from seven leading countries shows overwhelming public support for policymakers to crack down on companies using tax havens. The polling, conducted in the USA, France, Germany, Italy, Poland, the Netherlands and the UK, asked participants for their views on tying government bailouts (during the coronavirus pandemic) to companies’ record on paying tax, and cutting their ties with tax havens. An overwhelming 87 – 95 per cent of respondents supported the idea.  

Image: Dmitri Popov dmpop, CC0, via Wikimedia Commons

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.