Loophole USA: the vortex-shaped hole in global financial transparency

The U.S., seen from space

The U.S., viewed from space

Update – Jan 2021 – Historic new U.S. legislation overturns the U.S.’ secret shell company legislation, weakening (though not eliminating) the U.S.’ status as a secrecy jurisdiction.

Update – April 2020. New research based on classified documents reveals an untold and previously secret history of how civil servants in the UK, in partnership with bankers (while excluding law enforcement officials) tailored US-devised money laundering policies to suit the needs of Britain’s financial services industry.

Update – March 2019 – The EU should blacklist the US as a tax haven. Oxfam America.

Update – March 2019Russian-Style Kleptocracy Is Infiltrating America. The Atlantic. “New York, Los Angeles, and Miami have joined London as the world’s most desired destinations for laundered money. This boom has enriched the American elites who have enabled it.”

Update – April 2018. Corporate Secrecy Fuels Human Trafficking in United States. Polaris.

Update 13 – Jul 2017 The U.S. Is a Good Place for Bad People to Stash Their Money in The Atlantic – ‘America vows to promote financial transparency, yet it will let just about anyone register an anonymous shell company’

Update 12 – Jun 2017 – FATCA reciprocity watch: on US single-person LLCs, and more.

Update 11 – Jan 2017:  The U.S. hasn’t signed the AEoI Agreement: Reciprocity demanded. Switzerland demands that the United States be less of a tax and secrecy haven.

Update 10, May 2016 – US tax havens – the new Switzerland (Financial Times). “I think the US is already the world’s largest offshore centre”.

Update 9, April 2016How the U.S. became one of the world’s biggest tax havens – Washington Post.

Update 8: now in The Economist.

Update 7: See also this Bloomberg story entitled The World’s Favorite New Tax Haven Is the United States

Update 6: Jan 2016 –  TJN calls for Fatca-like withholding taxes against financial institutions from USA and other financial centres.

Update 5: see our narrative report on how the United States became a secrecy jurisdiction. Also see Tax Analyst’s U.S. Ranks As Top Tax Haven, Refusing To Share Tax Data Despite FATCA

Update 4: see this Oct 2014 technical article entitled Hiding in Plain Sight: how non-US persons can legally avoid reporting under both FATCA and GATCA.

Update 3: more details on U.S. roadblocks from Value Walk, here.

Update 2: more details from Allison Christians, here, from 2013.

Update: Naked Capitalism in the U.S. has published an adapted version of this article, here.

If people stash their wealth or earn income overseas, that is fine with us — just as long as their tax authorities get the information they need to tax that wealth or income according to the law, and as long as money laundering and financial crimes can be effectively tracked, and so on. Where there are cross-border barriers to the instruments of democratic societies, then there is an offshore problem.

The only credible way to provide the necessary information is through so-called automatic information exchange (AIE), where governments make sure the necessary information is available across borders, as a matter of routine.

For years we at the Tax Justice Network were ridiculed for advocating AIE: pie in the sky, many people said. The OECD, the club of rich countries that dominates international rule-making on tax and tax-related information sharing, was for years pushing its so-called Internationally Accepted Standard which was, well, the internationally accepted standard for cross-border information exchange, despite being only slightly better than useless. The message was that we should just accept this, and move on.

How the world has turned since a couple of years ago. Continue reading “Loophole USA: the vortex-shaped hole in global financial transparency”

New report: women, tax and economic inequality

Click to enlarge. (Image: Actionaid)

Click to enlarge. (Image: Actionaid)

ActionAid has just published a new report entitled Close the Gap! The Cost of Inequality in Women’s Work, which does that it says on the tin. It’s not just about tax, of course, but it contains much that is of interest to us.

Continue reading “New report: women, tax and economic inequality”

Offshore vs Football in the January 2015 Tax Justice Network podcast

In the January 2015 Taxcast: how offshore is ruining the ‘Beautiful Game’: the Taxcast scrutinises football’s own goal. Also: how banks with criminal convictions are being allowed to continue to handle our money, how people may be allowed to apply for anonymity in the UK’s new register of beneficial owners of companies to be introduced in 2016, and the meeting of the world’s most powerful in that bastion of transparency, Davos, Switzerland. Plus more scandal and unique analysis.

if we’re shifting competition away from the athleticism, the skill, the talent of the players and into the skill and talent of accountants, lawyers, bankers and board room executives, then the sport becomes a pointless thing to go and watch.’

George Turner

Featuring: John Christensen and George Turner of The Tax Justice Network, and Richard Murphy of Tax Research UK. Produced and presented by @Naomi_Fowler for the Tax Justice Network.

Download on your phone/tablet to listen offline here:

Listen and share via Youtube: http://youtu.be/1Sma2Slvh9o

Also available on iTunes: https://itunes.apple.com/gb/podcast/taxcast-by-tax-justice-network/id620020246

 

 

 

Who runs this place? ‘Policy development’ and the Big 4

Big 4We just wrote a blog about tech giants, via a Financial Times article suggesting that they risk suffering reputational damage that could eventually be as bad as the reputational damage suffered by big banks.

Well, there’s another category that risks suffering the same fate in future. The Big Four Accountants.

This video from Spinwatch is from 2013, but it is worth repeating because not much has changed: in fact, we reckon that matters have got even worse since then. Continue reading “Who runs this place? ‘Policy development’ and the Big 4”

Austerity: the tax dodgers’ best friend?

EPUS taxOne might think that if a government wanted to impose austerity, its appetite for tax collection would rise. But this may not be the case.  Take a look at this study from the European Federation of Public Services Unions (ESPU,) which came out last October but remains relevant. It’s called The Impact of Austerity on Tax Collection: One Year Later and Still Going Backwards. 

And the key point is in the first summarising paragrah: Continue reading “Austerity: the tax dodgers’ best friend?”

Luxembourg, Amazon, and the State aid connection

xEarlier this month Bloomberg reported that the European Union had stated that:

“Luxembourg hastily approved a “cosmetic” tax deal with Amazon.com Inc. in 11 days, allowing the company to shift profits to a tax-free unit. The EU told Luxembourg officials in a letter that the deal, based on a “cosmetic arrangement,” gives the Internet retailer an unfair advantage over competitors and doesn’t comply with global standards.”

In following analysis, originally posted here, guest blogger Dimitrios Kyriazis of University of Oxford examines the substance of the advance tax agreement struck between Amazon and Luxembourg and the problem this agreement poses for market competition in the European Union. Continue reading “Luxembourg, Amazon, and the State aid connection”

On the historical absence of inequality and tax in the news agenda

This guest blog from Dr Jairo Lugo-Ocando comes just a couple of days after the UK commentator George Monbiot wrote a piece in The Guardian entitled Our ‘impartial’ broadcasters have become mouthpieces of the elite, mostly from a Canadian and British perspective, in which he noted the extent of political ‘capture’ by financial élites: Continue reading “On the historical absence of inequality and tax in the news agenda”

The political mathematics of tech giants

techSome political mathematics.

A + B + C + D + E = F.

Here’s AUS tech giants launch fierce fightback against global tax avoidance crackdown. Reforms “must be resisted.”

Now B: The libertarian Cato Institute, funded by the billionaire industrialist Koch brothers, said it had received support from Google in the form of free web advertising. Among the issues on which this lobby group campaigns is taxation; it expounds the virtues of tax havens and has described the G20-led efforts to reform international tax as a “global tax cartel” plot. The lobbying, the lobbying. Continue reading “The political mathematics of tech giants”

Quote of the day: offshore enforcement as a career killer

blumFrom Jack Blum, a Senior Adviser to the Tax Justice Network, testifying to the U.S. Senate Committee on Finance: 

“For years there has been very little offshore enforcement. There was a period in the 1970’s when IRS made some efforts in that direction. The cases were dismissed. The agents who were involved had their careers ruined and there was a 10-year hiatus in the 1980’s when offshore cases were simply not touched within IRS
….
it was a career killer… the cases were complicated and the cases always involved people who had access to the political system in a way that made the case not have a good future. So what happened was, not very much was done.”

Continue reading “Quote of the day: offshore enforcement as a career killer”

Quote of the day: we are entering the age of tax wars

Tax-wars-300x210From Mark Textor, adviser to Australian Prime Minister Tony Abbott:

“We are entering the period of tax wars instead of trade wars,” he said. “People vote in governments to solve the problem, and giant multinationals not paying tax is a problem.”

One for the Tax Wars page. Hat tip: Mark Zirnsak.

 

 

Foreign exchange turmoil brings offshore centres into focus

Tax-wars-300x210Moves by the Swiss National Bank to remove the Swiss Franc’s currency peg to the Euro has prompted a new round of turmoil in global foreign exchange (FX) markets. We’ve already written about this from a tax justice perspective, but here’s something else.

Quite a few currency brokers have gone under in the latest storm, and several are under threat. Today’s Financial Times comments on this:

“it is the large number based in Cyprus and offshore that has thrown open a debate over one of the more shadowy areas of the City, which allows private individuals to use internet trading platforms to speculate on currency markets for slender stakes.”

Continue reading “Foreign exchange turmoil brings offshore centres into focus”

Report: will top 1% have more wealth than the 99% in 2 years?

Oxfam wealth sharesFrom Oxfam, a new briefing, based on updated Credit Suisse estimates. It contains the following factoids: Continue reading “Report: will top 1% have more wealth than the 99% in 2 years?”

Do not listen to Big Oil’s whining for tax cuts

Carbon taxIt’s all so tiresome and predictable. This blog focuses on the UK, but it could apply to any oil and gas producing country.

The Guardian has a headline that is more to the point:  Oil industry calls for North Sea tax cuts. Meanwhile, the lobbying arm of the British financial services industry fine upstanding British newspaper City A.M. has an innocuous-sounding headline: Government commissions “urgent review” into North Sea oil after BP job cuts, making similar points.  Continue reading “Do not listen to Big Oil’s whining for tax cuts”

Will Antoine Deltour become a prisoner of conscience?

So the latest big tax haven whistleblower, Antoine Deltour, is facing the combined massed might of Luxembourg, one of the world’s biggest and most aggressive tax havens, and the Big Four accounting firm PWC, one of the biggest and most aggressive lobbyists for offshore tax and secrecy legislation.

Deltour faces up to ten years in prison. Continue reading “Will Antoine Deltour become a prisoner of conscience?”

Is a financial sector like an oil industry? That graph, again

There’s been a bit of pushback (of course) to our Finance Curse analysis, which some people think is just an empty slogan. It isn’t.

Our basic proposition is that hosting a large financial services industry can be like hosting an oil industry: there are many penalties associated with doing so, and in some cases those penalties may well outweigh possible economic benefits. Either way, things are never as good as one might hope, given the amount of cash sloshing in.

This image below isn’t new: it’s drawn from the original document. We’re posting it as a reminder of our thesis, which is slowly but steadily seeping out there.

GNI Minus HDI

Of course correlation ain’t causation, and one can quibble with the “GNI minus HDI” measure  (that’s a UNDP measure, not ours). But you’ll agree that it’s a pretty striking graph, which tells a pretty clear story in support of our proposition.

For just one current example of *how* the Finance Curse operates, see yesterday’s blog focusing on the exploding value of the Swiss Franc.

We at TJN have always seen our Finance Curse analysis as an important complement to our work on tax havens / secrecy jurisdictions. Our offshore work is about how one country’s financial sector transmits harm to other countries. Our work on the Finance Curse speaks to a domestic constituency instead: how one’s country’s financial sector can be harmful for one’s own country. The two fit together, naturally.

Now read on.

Tax wars: Europe lands blow against Amazon

AmazonFrom Bloomberg:

“The European Union said Luxembourg hastily approved a “cosmetic” tax deal with Amazon.com Inc. in 11 days, allowing the company to shift profits to a tax-free unit.

The EU told Luxembourg officials in a letter that the deal, based on a “cosmetic arrangement,” gives the Internet retailer an unfair advantage over competitors and doesn’t comply with global standards.”

Other cases are live against Fiat, Starbucks and Apple. From European MEP Sven Giegold, via email: Continue reading “Tax wars: Europe lands blow against Amazon”

Quote 2 of the day – Big Banks, Credit Suisse, and financial crime

credit-suisse-logo-370x229A second quote of the day, from U.S. Senator Elizabeth Warren, following our quote from Switzerland earlier:

“If large financial institutions can break the law and accumulate millions in profits, and if they get caught, settle by paying out of those profits, they do not have much incentive to follow the law.”

And so it goes. Continue reading “Quote 2 of the day – Big Banks, Credit Suisse, and financial crime”

Quote of the day: Swiss Franc

Swatch

Switzerland’s in for some colourful times now.

The value of the Swiss Franc exploded upwards this morning, after the Swiss National Bank (SNB) removed its fairly longstanding 1:1.2 peg against the Euro (that is, 1.2 Swiss Francs per Euro.) That is an astonishing currency move. Our quote of the day comes from Nicolas Hayek, the chief executive of watchmaker Swatch, via Reuters:

“Words fail me! Today’s SNB action is a tsunami; for the export industry and for tourism, and finally for the entire country.”

Why is this a tax justice issue? Because it underscores one of the central points we make in our Finance Curse analysis. There is an inherent conflict between finance and industry. Inflows of capital have the effect of make everything relatively more expensive, either through changes in the exchange rate, or inflation, or both. In the case of oil-producing countries, this phenomenon is known as the Dutch Disease. But it’s the same with over-inflated financial sectors.

Switzerland had sought to protect its non-financial industries by printing Swiss Francs and selling them to buy foreign currency, in order to keep the value of the Franc down and protect its currency peg against the Euro. But after having built up hundreds of billions of dollars’ worth of foreign exchange reserves, it clearly decided enough was enough and released the peg. Swatchmakers and a host of other industrialists (and others, such as farmers) will feel the pain of a more costly manufacturing base.

More on the Finance Curse here.

Report: every U.S. state taxes its poorest at much higher rates than top 1%

ITEP Who PaysFrom the U.S. Institute on Taxation and Economic Policy (ITEP), the 5th edition of Who Pays, its signature report that examines tax systems in all 50 states and the District of Columbia. Now get the highlights:

Continue reading “Report: every U.S. state taxes its poorest at much higher rates than top 1%”

Quote of the day: offices of UK tax tribunal owned offshore

Bedford Square

The offices of the UK tax tribunal, owned offshore. Courtesy of Google Maps

The quote of the day is from the British investigative and satirical magazine Private Eye:

“Buildings occupied by the Ministry of Justice, including Britain’s tax tribunal, are – almost unbelievably – owned offshore in a Mediterranean tax haven, while the attorney-general works from a London office that is owned in a tax haven in the British West Indies, the Eye has discovered.”

Continue reading “Quote of the day: offices of UK tax tribunal owned offshore”

Slovak govt. to enact new anti-shell company law after scandal

Flag_of_Slovakia.svgA guest blog by Miroslav Beblavy, Member of Slovak Parliament for the opposition party Sie?, (who has been involved in drafting the legislation) and Silvia Hudackova, assistant to Miroslav Beblavy.

Slovak government committed to enact new anti-shell law after the healthcare procurement scandal

The legislative interest in shell companies in Slovakia increased in November because of a scandal involving the purchase of a greatly overpriced CT scanner in the public procurement in Pieš?any hospital, which was won by a shell company. Continue reading “Slovak govt. to enact new anti-shell company law after scandal”

Credit Suisse’s U.S. public hearing on Wednesday

credit-suisse-logo-370x229A guest blog by Heather Lowe of Global Financial Integrity, with thanks:

As many of you know, Credit Suisse AG (CSAG) was convicted in November of U.S. felony charges relating to assisting (and soliciting) tax evasion by U.S. taxpayers.  A consequence of this felony conviction is that, according to Department of Labor (DOL) regulations, CSAG and its affiliates lose their privileged status as ‘qualified professional asset managers’ (QPAMs).  Essentially, this means that CSAG and its affiliates would no longer be able to engage in higher-risk transactions with the pension fund money that they manage.  Continue reading “Credit Suisse’s U.S. public hearing on Wednesday”