New paper: tax treaties a ‘poisoned chalice’ for developing countries

Lee Sheppard

Lee Sheppard: truth to power

Update, Jan 20: this blog has now been adapted and expanded in a post on Naked Capitalism.

In 2013 we published an article entitled Lee Sheppard: Don’t sign OECD model tax treaties! which looked at a presentation by one of the U.S.’ top experts in international tax. Her fiery presentation contains gems such as:

“The treaties protect multinationals primarily. That’s all they were ever for: to make life comfortable for multinationals”. . . The international consensus is “basically a load of nonsense that protects multinationals. . .The OECD primarily protects the interests of the United States and the United Kingdom. Even Germany doesn’t get a look in.”

or

“When you sign an OECD model treaty, you say there is no withholding, or hardly any withholding, on outflows of cash to multinationals. Now why in hell do you want to sign that?”

And some developing countries, as we’ve noted before, seem to be breaking away from the consensus.

Well, now a new(ish) paper makes the case in rather more academic, but equally powerful terms. Jan Van de Poel reviews the paper, by tax scholars Kim Brooks (Dalhousie University) and Richard Krever (Monash University).

Guest blog: tax treaties may be “a true poisoned chalice for developing countries Continue reading “New paper: tax treaties a ‘poisoned chalice’ for developing countries”

Quote of the day: White House slaps down foolish ‘innovation box’

Watch innovation disappear into that box

Watch innovation disappear into that box

Last October we published an article entitled The UK’s “Patent Box” – nasty, disingenuous and hypocritical tax law (via a longer piece we wrote on Naked Capitalism, entitled The “Patent Box” – Proof That the UK is a Rogue State in Corporate Tax.) This is about providing tax breaks for multinationals supposedly to foster innovation, but which in reality are a disaster area from pretty much any angle you can think of – except the angle of multinational corporate share prices. For that reason, of course, a bunch of lobbyists in the U.S. are desperate to introduce one over there.

Now, we’re heartened to see this in the Wall St. Journal (hat tip: Clark Gascoigne):  Continue reading “Quote of the day: White House slaps down foolish ‘innovation box’”

Tax justice and human rights: an issue that’s been hiding in plain sight

A new paper by Advocate Paul R Beckett in the Isle of Man is adding to the small but fast-growing body of work on Tax Justice and Human Rights. Its crowd-thrilling title is The Representative Impact of the Isle of Man as a Low Tax Area on the International Human Rights Continuum from a Fiscal and Structural Perspective, and its preamble creates a fascinating teaser:

“The human rights movement is structurally predisposed to focus on victims – they are the ones to whom the rights violated belong. In recent decades, with the development and institutionalisation of international criminal law, there has also been scrutiny of perpetrators, at least in the case of abuses that constitute international crimes. But very little mention is ever made of beneficiaries. Those who (directly or indirectly) live off the practices and processes that victimise others have been allowed to remain comfortably out of sight.”

Continue reading “Tax justice and human rights: an issue that’s been hiding in plain sight”

The secret EU Tax “Code” that needs to be cracked open

Guest Blog: The secret EU Tax “Code” that needs to be cracked open

A guest blog by Tove Maria Ryding, Eurodad

Yesterday Fabio De Masi, a German member of the European Parliament, filed a lawsuit against the European Commission after being denied the right to see the minutes from meetings in the Code of Conduct group on Business Taxation. Ever since the famous LuxLeaks tax scandal exploded, members of the European Parliament have been fighting to get access to these documents, which could shed light on the failed political processes that have allowed multinational corporations to use tax loopholes in EU Member States to avoid paying their fair share of taxes. 

The European Commission has never let any outsider read the minutes from the secret meetings of the Code of Conduct group. Continue reading “The secret EU Tax “Code” that needs to be cracked open”

Tax Justice Lëtzebuerg (Luxembourg) launched

TJ LuxVia email, we just received this:

“This Wednesday « Collectif Tax Justice Lëtzebuerg » went public. Initiated following the Luxleaks revelations, this collective brings together about thirty citizens calling for a public debate which questions the usefulness, the legitimacy and the merits of the abusive exploitation of aggressive tax planning in Luxembourg.”

This is not an official TJN initiative, though it is part of the broader global and generic tax justice movement and we’re friends with a couple of the participants: we welcome this new body wholeheartedly. The accompanying press release is below.

Creation of the Tax Justice Lëtzebuerg Collective Continue reading “Tax Justice Lëtzebuerg (Luxembourg) launched”

New petition: public country by country reporting now

WoWFrom War on Want and EPSU, a new petition:

“We call on the economics and finance ministers of the European Union to crack down on corporate tax dodging; multinational companies must be required to publish key information about where they are doing business, earning their profits and paying their taxes [country-by-country reporting]. This information must be made available to the public as soon as possible.”

And more. Please sign the petition here. More on country by country reporting here.

Call for Papers – Research Workshop on Corruption and Tax Havens, London, April 2016

x

Call for papers for a Research Workshop on

CORRUPTION AND THE
ROLE OF TAX HAVENS

City University London, 28th / 29th April 2016

In May 2016 the U.K Government will be hosting a global summit on corruption. Ahead of this event, the Association for Accountancy & Business Affairs,(i) City University, (ii) and the Tax Justice Network, (iii) are organising a research-led workshop to explore the role of secrecy jurisdictions in providing a criminogenic interface facilitating corruption and corrupting activities, and illicit financial flows. The workshop will also explore the role of secrecy jurisdictions in corrupting the entire global financial system, and examine the role of professional ‘enablers’ in constructing and protecting the system.

Other related themes are likely to emerge as the workshop programme develops ahead of the global summit..

Researchers wanting to participate in the workshop are invited to submit an abstract of no more than 300 words by 22nd January 2016. All submissions will be considered by the organising committee.

This workshop will bring together researchers, academics, journalists, policy staff of civil society organisations, activists, consultants and professionals, elected politicians and/or their researchers, and government or international organisation officials.

The purpose of the workshop is to facilitate research on corruption and the role of tax havens through open-minded debate and discussion, and to generate ideas and proposals to inform and shape the political initiatives and campaigns already under way.

There will be a small charge for attendance at the Workshop. Participants are usually expected to finance their own travel although applications from students and others with limited means for bursary support will be considered.

More information about this workshop is available from: Alex Cobham, Tax Justice Network, [email protected]

 

 

New research: ‘competing’ aggressively on tax reduces growth

Anguelov

Dr. Nikolay Anguelov

Cross-posted with Fools’ Gold, and now on Naked Capitalism. This article will be permanently stored on a section of the site called The Harms.

Recently we published an article entitled New studies: do ‘competitive’ corporate tax cuts boost growth? – to which the answer was a qualified ‘no.’ Well, now we are delighted to host a guest blog by Prof. Nikolay Anguelov of the Department of Public Policy, University of Massachusetts, Dartmouth, who has produced an important new working paper looking at this question. Entitled “Lowering the Marginal Corporate Tax Rate: Why the Debate?” it provides a range of further evidence and insights. Continue reading “New research: ‘competing’ aggressively on tax reduces growth”

The ironic pillage of tax haven Puerto Rico by offshore hedge funds

Puerto RicoPuerto Rico is a peculiar historical relic, whose relationship with the United States has strong echoes of the half-in-half-out relationships that the British Overseas Territories and Crown Dependencies enjoy with the mother country, the United Kingdom. This halfway-house link, which provides solid constitutional and legal bedrock for financial investors while allowing all sorts of tricksy carve-outs from the the mother country’s laws and rules, is fertile ground for tax havenry.

Puerto Rico is a U.S. territory in the northern Caribbean which, according to the U.S. Supreme Court, is

“a territory appurtenant and belonging to the United States, but not a part of the United States within the revenue clauses of the Constitution.”

As a result of this and other anomalies Puerto Rico is, among many other things, a tax haven, as our Offshore Wrapper just noted. And it is, rather like Britain’s own crooked little tax haven Jersey, going bust.  Continue reading “The ironic pillage of tax haven Puerto Rico by offshore hedge funds”

Automatic Information Exchange: a trove of useful new data. Here’s a template for using it

TJN square logo - NOV-2013Automatic Exchange of Information (AEOI) at a global level is supposed to become effective in 2017, when many jurisdictions[1] start to exchange financial account information (e.g. bank account information) with each other, under the OECD’s Common Reporting Standard (CRS). The idea is to crack down on tax cheats and others by sharing relevant information across borders, subject to appropriate confidentiality safeguards. For all the CRS’ shortcomings, this is a huge and welcome step forwards for transparency.

The CRS will require financial institutions – depositary institutions, custodial institutions, investment entities and some insurance companies – to determine the residence of their account holders, so that their financial account information can be sent, via local authorities, to the authorities where each account holder is resident. Information to be collected and reported about each account holder includes

Naturally, accounts may be held by individuals or by entities (trusts and similar arrangements are considered entities under the CRS). In the case of entities which are classified as “Passive NFEs” (because they are non-financial institutions whose income or assets are mainly “passive”, such as from dividends, interests, rent, etc.), financial institutions will also need to identify the “beneficial owners” of those entities (called “controlling persons” in the CRS), meaning any natural person owning or controlling the entity, for example anyone who owns more than 25% of the capital of an entity. Interestingly, in the case of a trust that is considered a passive NFE, the “controlling persons” will include all the related parties of the trust (settlors, protectors, trustees, beneficiaries, or anyone with control over the trust). In other words, a lot of financial and identity information will be collected and reported pursuant to the CRS.

The Tax Justice Network, with the support of experts and other organisations within the Financial Transparency Coalition (FTC), has developed a Template for AEoI Statistics so that an aggregate (by country of residence) of all the information to be collected and exchanged via the CRS, is also published. Continue reading “Automatic Information Exchange: a trove of useful new data. Here’s a template for using it”

Tax Haven Netherlands takes over EU presidency. As if Juncker weren’t enough

12,000 mailbox companies, and counting

12,000 mailbox companies, and counting

From Social Europe:

“As of this January 1, the Netherlands holds the Presidency of the European Union. This is a good occasion to put the spotlight on a well-kept Dutch secret: The Netherlands is one of the largest tax havens in Europe, indeed the world.

While minister of finance Jeroen Dijsselbloem – better known as head of the Euro Group – routinely denounces Greece’s “unwillingness” to reform its tax system, the Canadian mining company Gold Eldorado avoids paying taxes in Greece via his own country. While the Netherlands lambasted Cypriot banks in 2013 for laundering (Russian) money, oligarchs were invited in 2013 and 2014 to the Dutch embassy in Ukraine for a seminar by private Dutch law firms on how to avoid taxes via the Netherlands. Recently the European Commission decided that special Dutch tax breaks for Starbucks are illegal under European state aid rules.”

We might add this. Or this. There’s a whole menu of examples, in fact.  Read more in the original article. Continue reading “Tax Haven Netherlands takes over EU presidency. As if Juncker weren’t enough”

Nuestro quinto podcast en castellano

Our fifth Tax Justice Network Spanish language podcast: nuestro quinto podcast en castellano

En el 5º programa de Justicia ImPositiva: Buscaremos respuestas a la pregunta ¿por que debo pagar impuestos cuando los gobiernos son tan coruptos? ¿Es un mal momento para hablar de impuestos? Tambien analizamos la polémica tasa Tobin y el progresso por unos paises Europeos. ¿Quieres saber por qué Reino Unido la rechaza de plano? Además, abordamos las recientes elecciones generales de España y nos acercamos a las sociedades fantasmas utilizadas en la corrupción devastadora de Petrobras.

“Nuestros votos por la democracia no se hacen únicamente cuando vamos a las urnas, se hace principalmente cuando pagamos nuestros impuestos cada año y cuando exigimos que se ejecuten bien…cualquiera que diga que no se paguen impuestos porque hay corrupción, se está poniendo del lado de los corruptos…sería la peor de las decisiones de un ciudadano que quiere vivir en democracia.”

Jonathan Menkos, Director Ejecutivo del Instituto Centroamericano de Estudios Fiscales

Contamos con las voces de Jonathan Menkos, Director Ejecutivo del Instituto Centroamericano de Estudios Fiscales  @jmenkos Andrés Knobel de Tax Justice Network, articulista Faye Griffiths en Colombia, y ciudadanos como ustedes. Bienvenidos a este podcast @J_ImPositiva con @silvia1olmedo y @monicamarchesi para @TaxJusticeNet

Venezuela’s rampant corruption

oil curseThis guest blog from Alek Boyd explores what happens when oil, offshore financial secrecy and populist politics combine to corrupt the hopes of an entire nation.

When the International Consortium of Investigative Journalists published leaked HSBC data provided by Hervé Falciani in February this year, something rather odd became public: Venezuela had the third largest amount of money ($14.8B) held in HSBC accounts.

When Banca Privada D’Andorra (BPA) was singled out, in March this year, by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) as “a foreign financial institution of primary money laundering concern” Venezuela popped again: FinCEN claims “BPA processed approximately $2 billion in transactions in relation to a money laundering scheme in which Petróleos de Venezuela (PDVSA) participated.

When the FIFA corruption scandal broke in May, former president of Venezuelan Football Federation, Rafael Esquivel, was among the arrested.

Also in May, the Wall Street Journal reported that U.S. authorities were:

“investigating several high-ranking Venezuelan officials, including the president of the country’s congress (Diosdado Cabello), on suspicion that they have turned the country into a global hub for cocaine trafficking and money laundering.

More recently, the U.S. Drug Enforcement Administration arrested, during a sting operation in Haiti, Efrain Antonio Campo Flores and Franqui Francisco Flores de Freitas for “conspiring to import cocaine into the United States.” In case the names fail to ring bells, these are a nephew, and a godson, of Venezuela’s current First Lady, Cilia Flores.

Then, Reuters informed that U.S. authorities were “preparing to unveil drug trafficking charges against the head of Venezuela’s National Guard…” adding “Nestor Reverol, the former head of Venezuela’s anti-narcotics agency and a long-time ally of late socialist leader Hugo Chavez, is named in a sealed indictment pending in federal court in Brooklyn, New York”.

The above may come as a surprise to some. In the last few years, Venezuela increased media profile had been largely focused on Hugo Chavez’s charisma and his poverty alleviation programs. Alas the gargantuan corruption that his administration brought about, of an unprecedented scale even in a country as corrupt as ours, is hardly played in the world’s media.

While anti corruption advocates the world over seem incensed, for instance, by Sepp Blatter’s shenanigans, his actions and those of his associates are children’s play next to what has happened in Venezuela since Chavez came to power. Venezuela has become so corrupt that not even Russians are putting up with it.

It is not a coincidence that Venezuelans keep popping up in about every major scandal around the world. Locally, a totally subservient Supreme Court, whose judges have no qualms in publicly siding with the chavista revolution, has created an environment where impunity is the norm.

Given the phenomenal amount of income that this oil rich nation has gotten in the last 15 years, it is not a stretch to conclude that Venezuela sits, comfortably, as the undisputed leader in corruption in Latin America.

Most regrettably, Venezuelan black money is welcomed by the pinstripe brigade all around the world. No questions about origin are ever asked. For instance, a rather small investment firm in London was behind the acquisition of the largest newspaper conglomerate in Venezuela. Ultimate controlling parties involved were, almost certainly, politically exposed persons whose wealth lack any vestige of legitimacy. Yet, the illegal deal proceeded without glitch.

Another London-based agent involved in Venezuela-related scams made news not long ago, though when I informed and alerted authorities no action was taken.

Corruption illegally deprives countries of much needed resources to develop. It is about time anti corruption advocates started analyzing what goes on in Venezuela.

@alekboyd has been researching and exposing corruption in his native Venezuela since 2002.

 

Apple CEO Tim Cook: wilfully not understanding tax

Tim Cook

Tim Cook

From the Financial Times:

“Apple’s chief executive said accusations the company was avoiding paying taxes by holding more than $180bn of its cash balances outside the US were “total political crap. Apple pays every tax dollar we owe”.

To which there is a very simple answer. They don’t owe it because they dodged it.

Continue reading “Apple CEO Tim Cook: wilfully not understanding tax”

Time to investigate the Big 4 over the financial crash

Dr. Atul Shah

Dr. Atul Shah

A guest blog by Dr. Atul K. Shah, Senior Lecturer, Suffolk Business School.

As background to this, it is useful to quote from the work of Prem Sikka, cited in Shah’s research:

“Successive governments have failed to investigate the firms, or prosecute their partners. Instead, the partners of major accountancy firms are given peerages, knighthoods, public accolades and government consultancies, all funded by taxpayers. The same firms have colonised regulatory bodies, fund political parties and provide jobs for former and potential ministers. This penetration of the state has bought them political insurance and their anti-social practices continue to inflict enormous social damage.”

The time has come to investigate KPMG for audit failure at HBOS

It is well known that there was widespread audit and accounting failure in the UK prior to the 2008 Financial Crash. However, not one Big 4 audit firm has been investigated about their unqualified audits of major failed Banks prior to the Financial Crash, despite several appeals from academics like Professor Prem Sikka of Essex University, journalist Ian Fraser, author of Shredded – the truth about the RBS failure, and Richard Murphy.

Continue reading “Time to investigate the Big 4 over the financial crash”

Financial Secrecy Index – full technical database now available

FSI logoOn November 2nd we published the fourth edition of the Financial Secrecy Index (FSI,) the most comprehensive global survey of financial market secrecy which covers more than 100 jurisdictions. This unique index combines a secrecy score (according to 15 key indicators) with a weighting of each jurisdiction’s market share in the global financial services for non-residents. The index reveals that the world’s most important providers of financial secrecy are not the traditional small, palm-fringed islands, but some of the world’s biggest and wealthiest countries. Continue reading “Financial Secrecy Index – full technical database now available”

Wealth management: tax avoidance is just the tip of the iceberg

Brooke Harrington

Brooke Harrington

Recently we wrote a blog about some rather unique research carried out by Brooke Harrington, an Associate Professor at Copenhagen Business School who trained to become a wealth manager in order to study it properly. This week, Naomi Fowler interviewed her for our latest Taxcast. We think it is worth pulling a couple of quotes out of that interview. Here is one: Continue reading “Wealth management: tax avoidance is just the tip of the iceberg”

The Tax Justice Network’s December 2015 podcast

In the December 2015 Tax Justice Network podcast: We get some insights into the usually closed world of the wealth managers who serve the super rich. Also: on a par with Kissinger being awarded the Nobel Peace prize? We discuss the British Banker’s Association getting one of their own into the UK government Treasury, why Facebook’s Mark Zuckerberg’s $35 billion ‘charity’ pledge isn’t what it seems, and the anonymous survey of accountants that reveals corruption is rife and the self-regulating profession can no longer be trusted.

Featuring: The Tax Justice Network director John Christensen, Associate Professor of Copenhagen Business School Brooke Harrington Produced and presented by @Naomi_Fowler for the Tax Justice Network. Also available on iTunes.

“tax avoidance was really only the tip of the iceberg….really what Wealth Managers do extends much more generally to law avoidance in general and that creates problems of legitimacy for whole governments”

Brooke Harrington

[In accountancy] “we now have a level of professional integrity that is virtually non-existent…societies now need to protect themselves”

John Christensen

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Will Sri Lanka follow the dismal road to tax havenry?

Glossy images don't hide the murky reality

Glossy images don’t hide the murky reality

An article in today’s edition of Sri Lanka’s Mirror newspaper draws attention to that island’s plans to develop an offshore financial centre in Colombo.  According to the article the proposal is modelled on the Dubai International Financial Centre,  a notorious centre for moneylaundering and illicit financial flows. Continue reading “Will Sri Lanka follow the dismal road to tax havenry?”

New website shows European countries that facilitate tax cheating

Cover EN 880

Photo: Paolo Woods, Gabriele Galimberti, www.theheavensllc.com

PRESS RELEASE FROM SOMO: Mapping Tax-free investments

New interactive website shows which European countries facilitate tax dodging through mailbox companies.

Today, the Centre for Research on Multinational Corporations (SOMO) launches a new interactive website that visualises bilateral investments of European countries. A new comparison between UNCTAD and IMF data illustrates the scale of tax avoidance through mailbox companies and selected tax havens.

Continue reading “New website shows European countries that facilitate tax cheating”

The Finance Curse and Competitiveness: presentation at Max Planck Institute

This is the text of a lecture that John Christensen, Director of the Tax Justice Network (TJN), gave at the Max Planck Institute in Cologne this week. Continue reading “The Finance Curse and Competitiveness: presentation at Max Planck Institute”

Panama thumbs its nose at transparency – again

Flag_of_PanamaWe have on several occasions fingered Panama as a particularly recalcitrant secrecy jurisdiction: our recent Panama Narrative Report spills a fair number of beans in that respect. Its recalcitrance is perhaps hardly surprising, given the quantity of Colombian and Mexican drugs money believed to be sheltered there – to name just one part of the problem.

Now, via Mark Morris, a list of conditions that Panama wants to impose on the international community before it provides any transparency: Continue reading “Panama thumbs its nose at transparency – again”