In his 17 November speech, the UK Chancellor Jeremy Hunt sought to demonstrate fiscal responsibility after the turmoil created by his predecessor’s “mini-budget”. He announced tax increases in the short term and a series of cuts to public services in the medium term. At the Women’s Budget Group, we argue that a healthy economy needs strong and well-funded public services, supported by a progressive taxation system.
Taxes and public spending are important ways to redistribute resources and reduce gender inequalities. Due to caring responsibilities at different stages of life, women rely more on public services and social security, have lower incomes and lower levels of wealth. The Autumn Statement was a missed opportunity to invest in public services and reform the tax system into a fairer regime which taxes income from wealth, including capital gains, at the same rate as wages so that those with the most contribute the most.
The Chancellor announced that tax allowances on income from dividends and capital gains will be cut, meaning that more people will start paying taxes on these types of income and those that pay such taxes already will pay a bit more; but proportionately it will impact most on those with a little income from dividends and capital gains. Reducing such allowances is a small move in the right direction, but truly equalising the taxation of income from wealth with income from employment would require that they be taxed at equal rates. This would not only move us towards a fairer tax structure, it would raise a considerable amount of money: £12 billion annually by 2026/7, far more than the £435 million that the Chancellor’s reductions in tax allowances will raise.
Another decision was to freeze a number of tax thresholds, including those for income tax and national insurance contributions until 2028, and to reduce the threshold for the 45% rate of income tax from £150,000 to £125,000. Income tax is progressive and the fairest tax we have, so a good source of additional revenue. But cutting or freezing thresholds, like reducing tax allowances, means that everyone above a particular threshold pays the same extra amount: both those with earnings just above any threshold and those earning far above it. A more progressive approach to raising extra revenue from income tax would have been to increase tax rates progressively.
The other half of Hunt’s plan to ‘balance the books’ is to cut public spending from 2025 onwards. We believe that this is a misguided decision which will have disastrous consequences now and in the future because our public services, already at near breaking point from previous cuts, should be seen as “social infrastructure”. The benefits of social infrastructure, like other forms of infrastructure, go beyond its direct users and therefore requires collective investment if we are all to flourish.
But in the national accounts, spending on day-to-day expenditure, such as on health and social care, is not counted as investment. Investments are typically one-off expenditures on a physical project, a bridge or a railway line, for example. But these are investments, not because they are one-off expenditures, but because their benefits accrue in the future. This is true of much spending on public services too; it is investment because its benefits lie largely in the future. Not counting them as investment results in a bias towards those one-off physical forms of infrastructure and a neglect of our social infrastructure. And that bias is gendered in two respects: that women benefit particularly from investment in social infrastructure and are also more likely to be employed in public services than in building bridges. The macho view that investment consist of spending on physical infrastructure projects creating jobs for men should be challenged.
WBG’s research has shown that investment in social infrastructure makes economic and fiscal sense: it creates more jobs than the same investment in construction (physical infrastructure), narrowing gender gaps in employment and pay, while at the same time freeing up those doing unpaid care work to take employment. In the longer term, this type of investment also results in higher productivity, higher pay, and potentially lowers spending in the future on benefits and the public services that remedy the problems that lack of preventative care creates. Investment in social infrastructure is also sustainable and a contribution to creating a greener, more caring society, and an example of how addressing inequality and the climate crisis should guide economic and fiscal policy.
Denied a seat at the table to decide tax rules, African countries moved the table to the UN.
Malawi loses US$58 million in tax per year due to cross-border tax abuse by multinational companies. And this is just the tip of the iceberg as it’s hard to count illicit money because it’s hidden. This loss is about 6% of government revenue.
If all we did was collect this tax and change nothing else – if the government continued to allocate the same share of its budget to education like its done in the past – we’d see more than 100,000 children attend an extra year of school here in Malawi over 15 years.
How is this possible? The existing, outdated international tax system allows multinational companies to shift profits out of Malawi. This reduces the taxes owed in the country. Multinationals make profit by extracting resources from Malawi, by employing workers in Malawi and by selling goods and services to customers in Malawi, but some book profits in tax havens instead of here where it should be fairly taxed. This hurts our economy, hollows out our public services, and undercuts Malawian domestic businesses.
We are all too keenly aware that our public purse has come unstitched. And the gaping holes mean that money meant for the public good is used for private pursuits. So while we mend the purse, we also need to make sure we stop theft from it through tax abuse.
Tax rules for the rich
For the last 60 years, the rules have been set by a club of rich countries at the Organisation for Economic Co-operation and Development (OECD). Companies exploit networks of double tax treaties to get away with paying as little tax as possible. Some treaties still in place in Malawi were signed by the British, before we became a republic. Before most of Malawi was even born.
The OECD group attempted in recent years to change the international tax rules. They even set up a so called ‘inclusive framework’ to bring in non-OECD members to make decisions. Yet half of African countries are not represented. And Malawi does not have a seat at the table. The new “solutions” would only apply to the largest companies, the proposed minimum corporate tax rate of just 15% is well below Malawi’s and most of Africa’s current corporate tax rate, and research indicates that the biggest gains would be for the richest economies.
The system is set up to fail Malawi and African countries. As a result, African ministers and leaders have consistently called for international tax rules to be made in the only legitimate and democratic space for it – the United Nations. We would not trust a small group of the most historically polluting nations to determine the rules for climate. Equally, tax rules need to be decided by all nations and not those that have economies based on generations of imperial plunder and tax havenry. The UK and its spider’s web of crown dependencies and overseas territories is responsible for nearly a third of corporate tax losses, according to the State of Tax Justice 2021.
Tax rules for all
African leaders have been pointing out the injustices of the international tax architecture for years. The African Union High Level Panel on Illicit Financial Flows, chaired by former South African president Thabo Mbeki, raised the profile of the urgent need to stop corporate tax abuse – and other illicit financial flows – almost a decade ago. This influenced the first ever globally agreed target to reduce illicit financial flows, as part of the Sustainable Development Goals.
Developed and presented by the African Group, the resolution gives the mandate to the UN to start intergovernmental talks on tax. Mbeki called this an “obvious and necessary next step to address the global threat of illicit financial flows“, hopefully paving the way for a UN tax convention. It’s a significant shift in leadership from an exclusive club of all the former colonial powers at the OECD to all nations at the UN. The battle will continue as there’s a lot to lose for tax havens. But we finally have a seat at the table.
Excerpt from my article published today in Le Monde and OCCRP on the perverse decision by the European Court of Justice to strike down beneficial ownership transparency:
“On November 22, 2022, the European Court of Justice reversed a decade of progress against financial secrecy, to the cheers of sanctioned oligarchs and tax dodgers all around the world.
“In a perverse decision that it claims to be founded in human rights, the court declared invalid the public’s ability to access information on companies’ beneficial owners (the people who own or control them).
“With leading European tax havens from Ireland to the Netherlands having already returned the cloak of anonymity to their company registers, EU policymakers must deliver an urgent response to this ruling.
“The court’s decision rests on the view that allowing the true owners of companies to be publicly known constitutes a serious interference with the fundamental rights to respect for private life and to the protection of personal data enshrined in the Charter of Fundamental Rights of the European Union. You might guess from this wording that the the decision was a major human rights victory that would be celebrated by civil society organizations and the public at large.
Read also coverage from the International Consortium of Investigative Journalists on the case here.
What is beneficial ownership transparency?
A beneficial owner is the real person, made of flesh and blood, who ultimately owns, controls or benefits from a company or legal vehicle, even when the company legally belongs, on paper, to another person or entity, like an accountant or a shell company.
Companies are typically required to register the identities of their legal owners (which can be real people or other companies), but not necessarily their beneficial owners. For most businesses, a company’s legal owner and beneficial owner are the same individuals. It’s usually only those with the means and incentive to acquire offshore shell companies, accountants and lawyers to hide behind, that can be beneficial owners but not appear as legal owners on paper.
By requiring corporations and offshore entities to publicly register their beneficial owners just like they do their legal owners, public beneficial ownership laws can prevent their owners from escaping the rule of law, which can mean preventing billionaires from evading tax as well as preventing sanctioned oligarchs, organised crime and human traffickers from laundering money and financing illegal activity.
Paraísos fiscais, violação de direitos trabalhistas de imigrantes, empresas de apostas desportivas online sediadas em paraísos fiscais: estes são alguns dos elementos que compõem a Copa do Mundo das injustiças, tema do episódio #43 do É da Sua Conta.
Para que a mágica do futebol e dos grandes eventos esportivos sejam os campeões, é fundamental regulamentar a FIFA e acabar com seu status de paraíso fiscal. A regulamentação das apostas online, a Convenção Tributária da ONU e o fim dos paraísos fiscais são outras soluções apontadas neste episódio.
No É da sua conta #43:
Catar: estado rentista. Por que essa monarquia absolutista não precisa de dinheiro de impostos?
Como a ausência de impostos interfere na vida política no Catar
Catar país dos extremos: de um lado cidadãos ricos e estrangeiros executivos; do outro imigrantes vindos de países de baixa renda, utiizados como mão de obra barata (ou trabalho escravo)
FIFA: escandaloso status de paraíso fiscal
Sedes de empresas de apostas online em paraísos fiscais: Quais os problemas, para além da tributação?
“Penso que a FIFA viu no Catar um país que não precisa se preocupar com quanto dinheiro gasta: é um país rico que mantém toda a “coisa” da Copa do Mundo por mais alguns anos, trazendo mais dinheiro, enriquecendo ainda mais a organização. E isso reflete a posição da FIFA como organizadora desse mercado; que controla o esporte mais popular do planeta” ~ Alessar, escritor e pesquisador de economia e política no Oriente Médio
“Os países não podem dizer à Fifa: ‘ há cinco outras organizações perguntando se gostaríamos de sediar a Copa do Mundo e algumas delas estão dispostas a pagar muitos impostos sobre seus lucros’. A Fifa pode exercer seu poder de monopólio e força pessoas, países e sistemas tributários a se curvarem às suas exigências” ~ Nick Shaxson, Tax Justice Network
“O Brasil naquela ocasião foi a Copa mais rentosa para a Fifa, ela conseguiu lucro absurdo. E uma parte disso certamente vem das isenções fiscais tão amplas.”(Marilene de Paula, Fundação Heinrich Boll Stiftung)
“Paraísos fiscais também possibilitam levar a cabo atividades que determinadas sociedades antes haviam decidido que eram ou ilegais ou não desejáveis ou enfim, que por um motivo ou outro não estavam regularizadas na sociedade” ~Florência Lorenzo, Tax Justice Network
Participantes:
Alessar, escritor e pesquisador sobre política e economia no Oriente Medio
Updated 24 Nov 2022: The UN General Assembly adopted on Wednesday 23 November 2022 by unanimous consensus a resolution that mandates the UN to set course for a global tax leadership role. The historic decision is likely to mark the beginning of the end of the OECD’s sixty-year reign as the world’s leading rule maker on global tax, and will now kick off a power struggle between the two institutions with implications for global and local economies, businesses and people everywhere for decades to come.
A recording of the historic meeting of the UN General Assembly is available here.
Image credit: Marcello Casal JR/ABr, CC BY 3.0 BR, via Wikimedia Commons
⚫ – Live updates closed
This live blog is now closed.
Thursday 24 November 2022
5:30pm GMT Thurs 24 November 2022 – Country positions on resolution
The UN resolution was adopted by unanimous consent. Some countries supported the resolution without reservation while some expressed reservations. Here’s a breakdown providing more detail on countries positions.
Country
Position on UN resolution
Antigua and Barbuda
Supporter without reservations
Argentina
Supporter without reservations
Bahamas
Supporter without reservations
Bahrain
Supporter without reservations
Bangladesh
Supporter without reservations
Barbados
Supporter without reservations
Belize
Supporter without reservations
Bhutan
Supporter without reservations
Bolivia
Supporter without reservations
Brazil
Supporter without reservations
Brunei
Supporter without reservations
Chile
Supporter without reservations
China
Supporter without reservations
Colombia
Supporter without reservations
Costa Rica
Supporter without reservations
Cuba
Supporter without reservations
Dominican Republic
Supporter without reservations
Ecuador
Supporter without reservations
El Salvador
Supporter without reservations
Equatorial Guinea
Supporter without reservations
Fiji
Supporter without reservations
Grenada
Supporter without reservations
Guatemala
Supporter without reservations
Guyana
Supporter without reservations
India
Supporter without reservations
Indonesia
Supporter without reservations
Iran
Supporter without reservations
Iraq
Supporter without reservations
Kazakhstan
Supporter without reservations
Kuwait
Supporter without reservations
Lao
Supporter without reservations
Lebanon
Supporter without reservations
Libya
Supporter without reservations
Malaysia
Supporter without reservations
Maldives
Supporter without reservations
Mexico
Supporter without reservations
Mongolia
Supporter without reservations
Myanmar
Supporter without reservations
Nepal
Supporter without reservations
Nicaragua
Supporter without reservations
North Korea
Supporter without reservations
Norway
Supporter without reservations
Oman
Supporter without reservations
Pakistan
Supporter without reservations
Papua Nuew Guinea
Supporter without reservations
Paraguay
Supporter without reservations
Peru
Supporter without reservations
Philippines
Supporter without reservations
Qatar
Supporter without reservations
Russia
Supporter without reservations
Saudi Arabia
Supporter without reservations
Singapore
Supporter without reservations
Solomon Islands
Supporter without reservations
Sri Lanka
Supporter without reservations
St. Kitts and Nevis
Supporter without reservations
Syrian Arab Republic
Supporter without reservations
Timor-Leste
Supporter without reservations
Trinidad and Tobago
Supporter without reservations
Tunisia
Supporter without reservations
Turkey
Supporter without reservations
United Arab Emirates
Supporter without reservations
Uruguay
Supporter without reservations
Vietnam
Supporter without reservations
Albania
Supporter with reservations
Andorra
Supporter with reservations
Australia
Supporter with reservations
Austria
Supporter with reservations
Belgium
Supporter with reservations
Bulgaria
Supporter with reservations
Canada
Supporter with reservations
Croatia
Supporter with reservations
Cyprus
Supporter with reservations
Czechia
Supporter with reservations
Denmark
Supporter with reservations
Estonia
Supporter with reservations
Finland
Supporter with reservations
France
Supporter with reservations
Germany
Supporter with reservations
Greece
Supporter with reservations
Honduras
Supporter with reservations
Hungary
Supporter with reservations
Iceland
Supporter with reservations
Ireland
Supporter with reservations
Israel
Supporter with reservations
Italy
Supporter with reservations
Japan
Supporter with reservations
Latvia
Supporter with reservations
Liechtenstein
Supporter with reservations
Lithuania
Supporter with reservations
Luxembourg
Supporter with reservations
Malta
Supporter with reservations
Micronesia
Supporter with reservations
Monaco
Supporter with reservations
Montenegro
Supporter with reservations
Netherlands
Supporter with reservations
New Zealand
Supporter with reservations
North Macedonia
Supporter with reservations
Panama
Supporter with reservations
Poland
Supporter with reservations
Portugal
Supporter with reservations
Romania
Supporter with reservations
San Marino
Supporter with reservations
Serbia
Supporter with reservations
Slovakia
Supporter with reservations
Slovenia
Supporter with reservations
South Korea
Supporter with reservations
Spain
Supporter with reservations
Suriname
Supporter with reservations
Sweden
Supporter with reservations
Switzerland
Supporter with reservations
Ukraine
Supporter with reservations
United Kingdom
Supporter with reservations
United States
Supporter with reservations
Algeria
Sponsor of the resolution
Angola
Sponsor of the resolution
Benin
Sponsor of the resolution
Botswana
Sponsor of the resolution
Burkina Faso
Sponsor of the resolution
Burundi
Sponsor of the resolution
Cabo Verde
Sponsor of the resolution
Cameroon
Sponsor of the resolution
Central African Republic
Sponsor of the resolution
Chad
Sponsor of the resolution
Comoros
Sponsor of the resolution
Congo
Sponsor of the resolution
Cote de’Ivore
Sponsor of the resolution
Djibouti
Sponsor of the resolution
Dominica
Sponsor of the resolution
Egypt
Sponsor of the resolution
Eritrea
Sponsor of the resolution
Eswatini
Sponsor of the resolution
Ethiopia
Sponsor of the resolution
Gabon
Sponsor of the resolution
Gambia
Sponsor of the resolution
Ghana
Sponsor of the resolution
Guinea
Sponsor of the resolution
Guinea-Bissau
Sponsor of the resolution
Jordan
Sponsor of the resolution
Kenya
Sponsor of the resolution
Lesotho
Sponsor of the resolution
Liberia
Sponsor of the resolution
Madagascar
Sponsor of the resolution
Malawi
Sponsor of the resolution
Mali
Sponsor of the resolution
Mauritania
Sponsor of the resolution
Mauritius
Sponsor of the resolution
Morocco
Sponsor of the resolution
Mozambique
Sponsor of the resolution
Namibia
Sponsor of the resolution
Niger
Sponsor of the resolution
Nigeria
Sponsor of the resolution
Rwanda
Sponsor of the resolution
Sahrawi
Sponsor of the resolution
Sao Tome and Principe
Sponsor of the resolution
Senegal
Sponsor of the resolution
Seychelles
Sponsor of the resolution
Sierra Leone
Sponsor of the resolution
Somalia
Sponsor of the resolution
South Africa
Sponsor of the resolution
South Sudan
Sponsor of the resolution
Sudan
Sponsor of the resolution
Tanzania
Sponsor of the resolution
Thailand
Sponsor of the resolution
Togo
Sponsor of the resolution
Uganda
Sponsor of the resolution
Zambia
Sponsor of the resolution
Zimbabwe
Sponsor of the resolution
Afghanistan
No public position
Armenia
No public position
Azerbaijan
No public position
Belarus
No public position
Cambodia
No public position
Haiti
No public position
Jamaica
No public position
Kiribati
No public position
Marshall Islands
No public position
Nauru
No public position
Palau
No public position
Samoa
No public position
St. Lucia
No public position
St. Vincent and the Grenadines
No public position
Tajikistan
No public position
Tonga
No public position
Turkmenistan
No public position
Uzbekistan
No public position
Vanuatu
No public position
Venezuela
No public position
5:17pm GMT Thurs 24 November 2022 – Round up of media coverage
BBC World Business Report – Interview with our CEO Alex Cobham (see 18:55 min).
Our CEO @alexcobham tells @bbcbusiness: Negotiations on tax rules at the UN will be completely transparent whereas negotiations at the OECD have been opaque…Leads to countries being called out by others and by their own citizens.
Bloomberg Tax – UN to Begin Talks on Creating Global Tax Cooperation Framework (article link)
Africa Business Magazine – Tax justice at last? Africa takes historic fight to the UN
A ground-breaking UN resolution put forward by African nations could pave the way for reforms to a global tax system that favours richer countries. https://t.co/AvKerdoqnX
Law360 – UN Takes On Int’l Tax Amid Concerns From OECD Nations (article link)
10:36am GMT Thurs 24 November 2022 – Recording of UN meeting and statements
A recording of yesterday’s historic meeting of the UN General Assembly is available here, and embedded as a video below. Written copies of statements made at the meeting are available here.
10:25am GMT Thurs 24 November 2022 – Civil society organisations from around the world welcome resolution
The Global Alliance for Tax Justice statement featured welcoming messages from civil society organisations from around the world:
“This is a historic win for the tax justice and the broader economic justice movement and a big step forward to combat illicit financial flows and tax abuse,” said Dereje Alemayehu, Executive Coordinator of the Global Alliance for Tax Justice (GATJ).
“Africa Group’s leadership has paved the way for starting an inclusive process at the UN to build a fair and effective international tax system. This resolution heralds a great opportunity for all UN Member States to move beyond words to action for the much-needed reforms of the global financial architecture,” explained Chenai Mukumba, Policy Research and Advocacy Manager at the Tax Justice Network Africa (TJNA).
Tove Maria Ryding, Tax Coordinator at the European Network on Debt and Development (Eurodad) said, “Some rich countries are still holding on to the archaic idea that they can keep global rule-making on tax under the control of the OECD – also known as the rich countries’ club. But today’s vote shows that at the end of the day, they know they cannot stop the development towards inclusive, transparent and UN-led tax governance, which is already highly overdue.
Pooja Rangaprasad, Policy Director, Financing for Development at the Society for International Development said, “The post-adoption statements by some developed countries have made it clear that the road ahead will be challenging. However, it is in the interest of all countries to fix an outdated international tax system that is bleeding hundreds of billions of dollars in much needed resources and public revenue. The fight continues in holding all our governments accountable to agree to an effective UN tax convention that will ensure wealthy corporations and elites pay their fair share in taxes.”
The Tax Justice Network also welcomed the news. Our CEO Alex Cobham said:
“History was made today. We commend UN members on their bold action today to move rulemaking on global tax into the daylight of democracy at the UN.”
Read the full statement here.
Wednesday 23 November 2022
3:37pm GMT Wed 23 November 2022 – Tax Justice Network statement on unanimous adoption of resolution
Welcoming the news, Alex Cobham, chief executive at the Tax Justice Network, said:
“History was made today. We commend UN members on their bold action today to move rulemaking on global tax into the daylight of democracy at the UN.
“The adopted resolution will now open the way for intergovernmental discussions on the negotiation of a UN tax convention and a global tax body. The OECD has been unprecedentedly aggressive in its lobbying, but could have hardly have failed more completely as the resolution passed by unanimous consensus. Some OECD countries spoke in favour of the organisation’s role after the resolution’s adoption, but with the OECD’s two-pillar tax proposal is on life support, with even the organisation’s own members are struggling to defend its work. Work which has failed to deliver after nearly a decade of promises and work which has left countries losing $483 billion in tax to tax havens a year; and work which has been widely identified as exclusionary by countries outside the core membership of rich countries. Ultimately, this only confirms the importance of moving tax rulemaking to a globally inclusive and transparent forum at the United Nations.
“The intergovernmental discussions next year will be crucial in setting the path for this new era of international tax. It is vital that countries in each region of the world follow the African leadership that underpinned this success, and engage together to generate common positions on an ambitious agenda.”
14:32 pm GMT Wed 23 November 2022 –Resolution adopted 🎉 The UN General Assembly has approved the resolution mandating the UN to take on a global tax leadership role!
14:00 pm GMT Wed 23 November 2022 –The meeting has begun
13:46pm GMT Wed 23 November 2022 – Uncommon Wealth and the ‘boomerang effect’: the Taxcast
Listen to our latest episode of the Taxcast to hear the Tax Justice Networks Chief Executive, Alex Cobham and Taxcast host Naomi Fowler discuss TJN’s open letter to alert the G20 to the failings of the OECD as global tax rule-setter, as they miss another deadline. This episode features Dr Kojo Koram Senior Lecturer in Law at Birkbeck School of Law, University of London, discussing sovereignty, the ‘boomerang effect’ & the relevance of the 3rd World Movement to our global economic system.
12:57pm GMT Wed 23 November 2022 – Key figures on the global tax system
Here are some key figures on the current failures of the global tax system to put the urgency of today’s vote on the future of the global tax system into context.
The world loses $483 billion in tax a year to global tax abuse by multinational corporations and wealthy individuals, according to figures published last year in the State of Tax Justice 2021. That’s equivalent to losing a nurse’s yearly salary to a tax haven every second.
Over three-fourth of the annual tax losses countries suffer to global tax abuse are facilitated by OECD member countries and their dependencies.
Richer countries lose larger sums of tax to global tax abuse, but lower income countries lose a larger share of the money they have to spend. Lower income countries’ annual tax losses are equivalent to almost half their combined public health budgets.
There’s more than twice as much wealth held offshore beyond the rule of law than there are US dollars and EURO bills in circulation around the world. An estimated $10 trillion is held offshore beyond the rule of law by wealthy individuals through secretive arrangements. The value of all US dollar bills and coins in circulation stood at $2.2 trillion in March 2022. The value of all EURO bills and coins in circulation stood at €1.6 trillion in March 2022.
Governments are giving up $89 billion in corporate tax a year to tax havens by abiding by the OECD’s concession to multinational corporations on tax transparency, which requires OECD members to keep anonymous the identities of multinational corporations found to be shifting profit into tax havens. Governments can recover 1 of every 4 tax dollars lost to multinational corporations shifting profit into tax havens by making public the country by country reporting data they’re already collecting.
Countries graded as “not harmful” by the OECD’s flagship safeguarding policy against corporate tax abuse were found to be responsible for 98 per cent of the corporate tax abuses risks documented by the Corporate Tax Haven Index 2021. The OECD was effectively rubberstamping corporate tax havens’ harmful tax practices.
Every year 17 million more people could benefit from clean water and 34 million from basic sanitation, if revenue losses due to global tax abuse were reversed. These are fundamental human rights and are essential for survival. Over a ten-year period, these gains would be associated with the prevention of 600,000 child deaths and 73,000 maternal deaths.
Over 20 million more children in lower income countries would get to attend school if the tax their governments lose annually to tax havens was collected.
12:24pm GMT Wed 23 November 2022 – Statements from the Global Alliance for Tax Justice and Tax Justice Network Africa
The Global Alliance for Tax Justice tweeted its support for today’s UN resolution from the Africa Group.
Tax Justice Network Africa published a statement calling on all UN member states to support the resolution:
“Decision-making on the allocation of taxing rights and tax revenue has been controlled by OECD countries over the last 100 years and as such, they have benefited from the status quo. Adoption of this resolution will be a step forward in strengthening international cooperation on tax matters. Its adoption will also help promote inclusivity in the global tax rule-making processes and support member states’ efforts towards curbing IFFs….This resolution by African states heralds a great opportunity for all UN Member States to move beyond words to action for the much-needed reforms of the global financial architecture.”
11:45am GMT Wed 23 November 2022 – EU court’s decision on beneficial ownership
In other major tax justice news, the European Court of Justice yesterday barred EU governments from exercising one of the most powerful measures against financial secrecy of the past decade, immediately triggering a growing transparency blackout across the bloc. The decision comes in the middle of EU discussions on tightening measures to clamp down on dirty money entering the EU from Russia. Tax experts warn that the decision will throw the EU back into “the dark ages of dirty money”.
Luxembourg and the Netherlands have already taken offline their public beneficial ownership registers. More beneficial ownership blackouts are expected to ensue across the EU as EU countries bar public access to their beneficial ownership registers.
The Financial Transparency Coalition have also condemned the decision, saying:
“ECJ’s decision is a major setback in the fight against Illicit Financial Flows (IFFs) of all types including economic and natural resource crimes, corruption, and tax abuses. Business ownership is not a private matter, and there is no evidence that public beneficial ownership registries have put any business owners at personal risk. Where such risks can be demonstrated, individuals can already apply for exclusions from public registries, so there’s no justification for this decision.”
Read the Financial Transparency Coalition’s full statement here.
11:19am GMT Wed 23 November 2022 – Africa Group’s revised resolution on international tax cooperation at the UN General Assembly
Some more information on the resolution being voted on today.
In October the Africa Group tabled a resolution on illicit financial flows, calling for an intergovernmental taxbody at the UN. This proposal found no support among the Global North and the G77 withdrew their proposal. The Africa Group has proposed a revised resolution at the United Nations General Assembly on “Promotion of inclusive and effective international tax cooperation at the United Nations”, calling for a UN Tax convention now!
Key points from proposed resolution:
Recognizes the timeliness and importance of strengthening international tax cooperation to make it fully inclusive and more effective;
Decides to begin intergovernmental discussions in New York at United Nations Headquarters on ways to strengthen the inclusiveness and effectiveness of international tax cooperation through the evaluation of additional options, including the possibility of developing an international tax cooperation framework or instrument that is developed and agreed upon through a United Nations intergovernmental process, taking into full consideration existing international and multilateral arrangements;
Requests the Secretary-General to prepare a report analysing all relevant international legal instruments, other documents and recommendations that address international tax cooperation, considering, inter alia, avoidance of double taxation model agreements and treaties, tax transparency and exchange of information agreements, mutual administrative assistance conventions, multilateral legal instruments, the work of the Committee of Experts on International Cooperation in Tax Matters, the work of the Organisation for Economic Co-operation and Development/Group of 20 Inclusive Framework on Base Erosion and Profit Shifting and other forms of international cooperation, as well as outlining potential next steps, such as the establishment of a Member State-led, open-ended ad hoc intergovernmental committee to recommend actions on the options for strengthening the inclusiveness and effectiveness of international tax cooperation;
Also requests the Secretary-General, when preparing the report, to consult with Member States, the members of the Committee of Experts on International Cooperation in Tax Matters, the Platform for Collaboration on Tax, and other international institutions and relevant stakeholders;
Decides to consider the report at its seventy-eighth session and to include in the provisional agenda of its seventy-eighth session, under the item entitled “Macroeconomic policy questions”, a sub-item entitled “Promotion of inclusive and effective international cooperation on tax matters at the United Nations”.
10:36am GMT Wed 23 November 2022 – Calls on G20 to back UN tax leadership
Some more context on the build up to today’s vote, last week saw two open letters to the G20 calling on G20 countries to withdraw support from the OECD and back a UN global tax leadership role.
The Asian People’s Movement on Debt and Development, a regional alliance of peoples’ movements, community organizations, coalitions, NGOs and networks, published an open letter last week urging the G20 to reject the OECD’s “two pillars” proposal for global tax reform, which the group lambasted as a “tax deal for the rich”, and urging the G20 to refrain from blocking any progress towards the negotiation of a UN Tax Convention.
“As a member of both the G20 and the G77, and as incumbent holder of the G20 Presidency, your government is in a unique position to reject the OECD/G20 BEPS framework, which amounts to nothing less than a Tax Deal for the Rich, and instead support the growing calls for a UN Tax Convention that are rising from Global South countries and peoples’ movements. This is not just a matter of justice, but also of practical policy: shrinking tax bases will prevent countries from financing sustainable development, let alone for recovery from the devastating impacts of the still-ongoing COVID-19 pandemic.”
The Tax Justice Network also published an open letter on Tuesday last week raising concerns about the OECD’s failure to deliver on the tax transparency mandate instructed to it by the G20 in 2013. The Tax Justice Network called on the G20 to move the tax transparency mandate over to the UN and to support a new UN global tax leadership role.
“The G20 was right to necessitate the creating of country by country reporting data, recognising the need and value of this global public good. The G20 is right, too, to remain highly concerned by the scale and damage due to corporate tax abuse. But even the most starry-eyed OECD member country must recognise that the organisation has failed to deliver both on the global public good of country by country reporting, and on providing a forum for tax rule-setting that is either inclusive or effective.
“We now call on the G20 to bring this global public good into the daylight of democracy at the UN, by supporting the G77 and Africa Group resolutions; by asking the UN tax committee to take up responsibility for country by country reporting data and/or by backing the creation of the Centre for Monitoring Taxing Rights through a UN tax convention; and by supporting the creation of an truly inclusive, intergovernmental tax body under UN auspices.”
10:15am GMT Wed 23 November 2022 – Statements ahead of the vote
In case you missed them, here are some key statements on the UN resolution and the need for a UN tax convention that have come out this week:
The Civil Society Financing for Development Group published an open letter on Monday 21 November 2022 calling on all UN member states to support today’s resolution:
“This is particularly urgent in a context where the OECD’s tax reform project has stalled with its ‘two pillar solution’ now looking unlikely to be implemented even in OECD countries, as reported here by the Financial Times. In addition, the OECD tax deal has been criticised for being unfair and that developing countries stand to lose out, as noted for instance by UN DESA’s 2022 World Economic Situation and Prospects (WESP) . CSOs from around the world have also rejected this OECD tax ‘deal of the rich’ noting that the “solutions” do not address the root causes of the current practices and rules that incentivise profit shifting and facilitate tax dodging with impunity.
“The multiple crises should be taken as an opportunity to take decisive steps in transforming the global economic and financial system. Addressing an outdated international tax system from the 1920s that is bleeding hundreds of billions of dollars annually in public revenue is one of the lowest hanging fruits for intergovernmental action for UN member states constantly trying to find resources for fulfilling commitments on SDGs, climate emergency and human rights.”
South Africa’s former President Thabo Mbeki, who chairs the influential High-Level Panel on Illicit Financial Flows out of Africa, published a statement on Monday 21 November 2022 emphasising the importance of the UN resolution:
“I was delighted to see the African Ministers’ Declaration calling for negotiations on a UN tax convention, and the pledge of support from the UN Secretary-General. This is the obvious and necessary next step to address the global threat of illicit financial flows, including corporate tax abuse. I fully support the creation of a globally inclusive, intergovernmental process at the UN. I urged all international organisations and Member States to resist attempts to block this important step forward, and thus call into question our global commitment to fighting illicit financial flows and corporate tax abuse in support of the Sustainable Development Goals.”
President Mbeki also addressed the OECD’s attempts to obstruct progress:
“I understand that the current discussions at the UN General Assembly Second Committee have proceeded well, with only a handful of countries with remaining concerns at the stage prior to adoption. I strongly urge all the friends of Africa to resist any attempts to reverse agreement on this issue.
While the OECD has played an important role in these areas, it is clear after ten years of attempts to reform international tax rules that there is no substitute for the globally inclusive and transparent forum provided by the United Nations. I urge countries to remain committed to the development of a UN tax convention and encourage the OECD to play a supportive role in this regard.”
9:15am GMT Wed 23 November 2022 – Updated meeting time and agenda
The resolution is the first item on the now published agenda for the UN General Assembly’s Second Committee. The meeting will be begin at 9am EST / 2pm GMT today.
The full agenda for the meeting is available here. The meeting will be livestreamed here.
Tuesday 22 November 2022
4:37pm GMT Tuesday 22 November 2022
What is a UN tax convention?
We need a UN convention on tax to hold countries to legally binding, equitable standards on corporate taxation, financial transparency and tax justice. Establishing a UN tax convention would allow international tax rules to be determined through a genuinely representative process at the UN that reflects the needs of countries around the world, instead of the desires a rich and powerful few.
In February 2021, The UN high level panel for Financial Accountability, Transparency and Integrity (FACTI) including former heads of state called for the establishing of a UN tax convention to implement a package of tax justice policies.
The World Economic Forum in June 2021 published a white paper identifying the UN tax convention among key policy pathways for an ambitious economic recovery post-pandemic.
Also in 2021, the South Centre – the intergovernmental organisation of lower-income countries – published a briefing detailing a proposal for a framework UN convention on tax.
The world’s first draft for a UN tax convention was proposed in March 2022 by civil society experts at Eurodad and the Global Alliance for Tax Justice, drawing battle lines for future negotiations at the UN.
Finance ministers of the Economic Commission for Africa, representing around one in six of the world’s population and over a quarter of the membership of the United Nations, called on the UN in May 2022 to start negotiations on a tax convention to address comprehensively the threat of cross-border tax abuse, including by wealthy individuals and multinational companies.
The new finance minister of Colombia, itself an OECD member, used the platform of a Tax Justice Network/Global Alliance for Tax Justice event on 6 September to announce the country’s support for a UN tax convention, and their plans to encourage Latin American consensus.
The UN Secretary General António Guterres announced in September this year his readiness to support a UN convention on tax that would overhaul century-old global tax rules.
A draft resolution was submitted in October this year at the UN General Assembly’s Economic and Financial Committee calling on negotiations to begin at the UN on global tax rules. This resolution will be voted on this Wednesday 23 November 2022.
2:50pm GMT Tuesday 22 November 2022
Ahead of tomorrow’s vote at the UN General Assembly, the Tax Justice Network has published a statement sharing commentary and background information on the vote.
“The UN General Assembly is set to take the momentous decision tomorrow, in a session that will be streamed live. But the OECD has pushed back hard. It remains to be seen whether the organisation’s campaign of meetings with delegates in New York, and pressure applied to ambassadors in Paris, can derail the UN resolution, which has been brought by the Africa Group following a call by finance ministers at the Economic Commission for Africa in May this year for negotiations to begin on a UN tax convention. The OECD, which is a membership body of the world’s richest countries, is reported to have used unprecedented language in letters to ambassadors to question the UN’s fitness to oversee international tax discussions. Sources told the Tax Justice Network that the move has backfired in some quarters as it was seen as “undiplomatic” and “highly unusual” to attack another international institution in this way, and may actually have bolstered support for the UN resolution.
“If adopted, the resolution will allow countries to begin intergovernmental discussions in New York over possible UN reforms to the global tax system, including the establishment of new UN bodies and mechanisms to monitor, evaluate and decide global tax rules. On the table is the creation of a UN tax convention which would overhaul global tax rules to bring an end to global tax abuse by multinational corporations and the superrich. Proposals for a UN tax convention have gained wide support in recent years from governments, leading global institutions, civil society groups and the UN General Secretary himself.”
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.
In this episode, Taxcast host Naomi Fowler discusses sovereignty, the ‘boomerang effect’ and the relevance of the ‘Third World Movement’ today to our global economic system with Dr Kojo Koram, author of Uncommon Wealth: Britain and the Aftermath of Empire: ‘“Decolonisation, from the 1950s and 1970s, was quite simply the greatest multiplication of democratic power that the world has ever seen”
Plus, we look at two big failures this month:
the collapse of crypto exchange company FTX (secrecy jurisdictions, enablers, investigations)
Three parts Delaware, one part Antigua, all parts opaque and how's it going, investors? https://t.co/Ck8dKypL3R
the Tax Justice Network writes an open letter to alert the G20 to the failings of the OECD as global tax rule-setter, as they miss another deadline.
Transcript of the podcast available here. (Some is automated)
The kind of loss of feeling of control in the United Kingdom, that loss of feeling of sovereignty, that loss of feeling of democratic accountability is connected to the erosion of sovereignty and erosion of democratic accountability that was allowed to happen to the former colonies of particularly the British Empire but all empires. What happens in the colonies doesn’t simply stay there, but it comes back on the homeland and it starts to impact how its economy, its society, and its politics operates. And I think that’s a lot of what we see in Britain right up until today.”
~ Dr Kojo Koram
What we’re asking the G20 to do is to reconsider the mandates that it’s been giving the OECD, asking the OECD to lead on international tax. After 10 years it’s clear that the OECD has failed to deliver the substantive reforms of international tax rules that we all need, and so the latest estimate we have is 483 billion dollars of lost revenues each year around the world disproportionately suffered by lower income countries, but actually, the biggest amounts being lost to OECD members themselves. This is neither inclusive in its processes, nor effective in its outcomes“
~ BOOMERANG: Empire and Britain’s economy (featuring Kojo Koram)
Here’s a summary of the podcast:
In this podcast, we discuss sovereignty, the boomerang effect and our dominant global economic system with Dr Kojo Koram:
Kojo: “The kind of loss of feeling of control in the United Kingdom, that loss of feeling of sovereignty, that loss of feeling of democratic accountability is connected to the erosion of sovereignty and erosion of democratic accountability that was allowed to happen to the former colonies of particularly the British Empire, but all empires. What happens in the colonies doesn’t simply stay there, but it comes back on the homeland and it starts to impact how its economy, its society, and its politics operates. And I think that’s a lot of what we see in Britain right up until today.”
Naomi: “I’ll be talking to Kojo Koram about his fantastic book Uncommon Wealth: Britain and the Aftermath of Empire. Read that and you’ll never think the same way about economics again.
Before that – this month we saw several huge failures, I’ll tell you about two of them.
One of them is the collapse of the crypto exchange company in the Bahamas – various investigations are beginning into possible fraud. Crypto has always been of interest to us because various tax havens and secrecy jurisdictions have been setting up exchanges in an expansion to their financial offerings that are already woefully underregulated – what could possibly go wrong?! Well, just about everything! So now there’s an $8 billion black hole. At least a million users are owed money, but with crypto they don’t get the same protections as other investors. Crypto player Sam Bankman-Fried spent a lot of money lobbying politicians – about $41 million in the US 2022 midterm elections apparently, mostly to Democrats. His net worth has now gone from $32 billion to zero, overnight. Important to say – this latest collapse can’t be pinned on one person, he’s surrounded by huge numbers of enablers, including venture capitalists.
Another big crypto player and former business partner of his is Changpeng Zhao, known as ‘Cee Zee’ Binance, or CZBinance. He’s operating in the UAE – one of the jurisdictions flagged by the Tax Justice Network as a huge and rising secrecy offender, also causing particular harms to African countries through diverting corporate taxes. It’s a pattern of rises by autocratic regimes, by the way. Just listen to the disgust of economist and crypto critic Nouriel Roubini here, speaking on this at a conference in the UAE:”
Nouriel Roubini: “Unfortunately this is an eco-system that’s totally corrupt. I think the lesson is that these people should be out of here – I can’t believe that CZ and Binance has a license to operate here in the UAE. He’s under investigation by the US Justice Department for money laundering, and he has residence in this country, the regulator should be thinking carefully, that’s a walking time bomb. [applause] He’s a walking time bomb, he should be kicked out of this country, he should not be allowed to operate!”
Naomi: “Nouriel Roubini. Sam Bankman-Fried’s now collapsed crypto exchange company turns out to be incorporated heavily in the secrecy jurisdictions of Delaware and Antigua. The complexity is mind boggling. I will cover crypto at some point on the Taxcast.
Moving on to the second huge failing this month, we at the Tax Justice Network have written an open letter about it to the G20, who just met in Bali. According to our estimates last year, nations were losing over $300 billion a year in corporate tax revenue. And it was impossible to update this for you this year. That’s because – and we’re alerting the G20 about this in our letter – the OECD failed to publish the data on time, as it’s committed to G20 nations to do. They only published the data after the G20 summit, so no way for us, or world leaders to assess progress made. So much for accountability. It’s already bad enough that the data is very restrictive. It’s restrictive because it allows multinationals to report their activities country by country in private – not in public. Their tax behaviour is anonymised. That’s very protective behaviour towards what are largely OECD country multinationals isn’t it?! And now this year, because they published even that data too late, it means we can’t tell you how much we estimate your country individually is losing to corporate tax abuse through profit shifting. And we can’t tell you what progress there has been – or not – since our last estimates. I’m talking to Alex Cobham of the Tax Justice Network, Alex, this is important for many reasons – because we’ve seen that with public country by country reporting made mandatory for European Union banks – as it is – they do pay more tax when this data’s made public. So we know that alone can prevent 1 in every 4 tax dollars being lost to corporate abuse. That means just by insisting this corporate data is public, governments would recover, we reckon, almost $90 billion of the losses. So Alex, the OECD is failing. What’s the Tax Justice Network asking the G20 to do about it?” Alex: “What we’re asking the G20 to do is to reconsider the mandates that it’s been giving the OECD asking the OECD to lead on international tax. After 10 years it’s clear that the OECD has failed to deliver the substantive reforms of international tax rules that we all need, and so the latest estimate we have is 483 billion dollars of lost revenues each year around the world disproportionately suffered by lower income countries. But actually, the biggest amounts being lost to OECD members themselves. This is neither inclusive in its processes, nor effective in its outcomes. In addition, the OECD has dropped the ball on this global public good of country by country reporting. Instead of providing the data publicly so we can hold companies and tax authorities, and the OECD itself accountable. They’re keeping the data largely private and even the aggregate data they’re now almost five years behind in publishing, making it very difficult for anyone to track what’s going on. So we’ve said to the G20 it’s time to look to the United Nations as the G77 of developing countries has called for, and see international tax rule setting there.”
Naomi: “Yes, and African countries have called for a UN Tax Convention – we’re seeing some movement on that now, aren’t we, even though it’s being watered down?”
Alex: “So, we’ve seen this Africa Group bring forward this very good resolution calling for the start of negotiations on the UN tax convention. But we’ve also seen a really heavy pushback from the main OECD members and so where we’ve got to now is a diluted version, a compromise that requests this year that the Secretary General Antonio Guterres provide a report on the possibilities of a UN tax convention or a similar instrument. Now though, the OECD itself has mobilised very hard, writing to ambassadors, sending people to New York, trying to get even that compromise rejected. Whether they’re successful, we’ll find out next week. But either way, this is the beginning and not the end of a process. The OECD’s failure to be effective or inclusive has really led to this consensus that we need to move ahead at the UN. They’re fighting a rear guard action against that but ultimately that’s doomed to fail and eventually we’ll get to something much better.”
Naomi: “Thanks Alex, I hope so. That’s all very relevant to my next conversation. I’m really happy to have Dr Kojo Koram of Birkbeck, University of London with me today on the Taxcast. His latest book Uncommon Wealth: Britain and the Aftermath of Empire gets you thinking very differently about the inequality challenges we’re living today across the world. No matter what your nationality, or where you’re listening to us, this is relevant to you. And no, it doesn’t have to be this way…
I’ve got, I’ve got about 50 questions, which I can’t possibly ask you, but I just, I wish this book was on all school curriculums, I wish all politicians had to read it before they became politicians. And it’s not just a book for British people, is it? Because I’ve travelled and lived in different countries myself, and I’ve heard so many times the ways that people have internalised the sources of their problems and it all comes from this sort of really mistaken, misguided narrative that we’re all fed about how economies work, and about development, how people misunderstand economies you know. You’re looking at things from such a different way that some people are used to, in the same way that I suppose, Tax Justice Network, back in 2003 they started doing their campaigning using research that looked at corruption from the opposite end of the kaleidoscope, so it was definitely not what the big NGOs were doing, like Transparency International or something, not looking at the pretty low level corruption stuff, but looking at the global financial architecture, right? The structures that have been put in place by what turns out to be very much former colonial powers, and, you know, one of the reasons that we are campaigning for the making of global tax rules to be happening within the United Nations and not within the OECD. But, I suppose, um, before I ask you some of my questions, I just wanted to clarify something, the words that we use, because they’re just so important, aren’t they? And I wanted to ask you about the description, the Third World. You use it a lot in the book. And I know that the Third World Movement was once such a proud, proud thing, a proud movement, and a lot of nations owned that title, although since then, it’s become a kind of a pejorative term. And if you look at what is in use, you know, the term ‘plundered nations’ is also used, and obviously the most common mainstream is ‘developing’ nations and so-called ’emerging economies,’ just because ideas about development are so skewed, should we be using the third world, third world countries, as you do in the book?”
Kojo: “Thank you. Yeah, that’s, that’s a really interesting question, that’s one actually I’ve not been asked before in terms of commenting on the book. I think that a lot of the description of the Third World Project as I draw upon the book, looking at, you know, the work of people like the Ghanaian President Nkrumah, looking at the work of people like the Jamaican president, Michael Manley, and, you know, the non-aligned movement that surrounded their work, things like the New International Economic Order, um, these are groupings and movements that had real urgency and real momentum in the period between, say, the 1950s to the late 70s, early 80s. Um, I draw upon the use of the Third World label when talking about that moment because they very much claimed that title as a positive, thinking about this idea of a third world not in the way that we’ve come to understand it, you know, in terms of a hierarchy of worlds, you know, and the idea that a third world is the bottom, you know, it’s kind of like the third division in English football, it’s, it’s the bottom level. And it’s, you know, something that’s shameful, something that’s associated with poverty, something that’s associated with, um, uncivilisation, you know, this is the way that by the time you get to the 80s and certainly the 90s and early 2000s, you know, the idea of a third world is very much a term of insult. But in that initial response to the decolonial moment, the idea of a third world is very much posited as a kind of alternate world, a third option and this other way, this other imagining of how relations between nations and between peoples could actually be cultivated. And so when I talk about that era, I very much do kind of draw upon the third world, because that’s what people like Michael Manley, you know, would proudly boast that they were presenting to these institutions like the United Nations. But I think by the time we get to the 2000s and the contemporary moment, I don’t tend to use the label just because that movement has kind of lost its momentum, and so I think it’s a very time limited kind of concept in terms of its positivity but I think there’s great lessons that we can learn from returning to that moment and thinking about, well, how, how else could the world have been different than the world that we’re facing now? You know, who was offering alternative ideas? Who was offering like Manley, you know, led upon a new international economic order? The resolution that was passed at the UN by Manley as part of this Third Worldist moment, you know, talks about ideas like enshrining in law a permanent sovereignty over a national resources for all nations of the world, enshrining in law a right to food, enshrining in law a right for nation states to hold transnational corporations that operate in their jurisdiction accountable. And so this is the moment of the third worldist era. And I think that that’s something that we often tend to forget. And, you know, that world-changing potential I don’t think is carried in the contemporary labels that we use for countries in the global south, whether that is global south, whether that is developing nations, whether that is emerging nations, you know, all of these have a kind of teleology underneath them, an idea that countries in Africa, countries in Asia are simply becoming a version of Western European and North American countries. And so they’re not offering us anything different, they’re just on the path to becoming like us. And I think that the third world moment between the 50s and the early 80s very much was saying, no, we’re not trying to become like you, we’re trying to change the rules and the coordinates of the global order.”
Naomi: “Oh and the ideals of enshrining rights in law is what social justice activists are trying to achieve in Chile at the moment, with the reform of their constitution. I wanna ask you about the boomerang effect that goes throughout the book, and you demonstrate in the book how the breakdown of the British Empire blows back across the richer world. And, and I just love the way every chapter starts with a different scene from the breakdown of the British Empire, and it really directly connects that the structures that still govern the world today. Um, so the boomerang effect, that’s a concept from the French writer and politician Aime Cesaire, and you demonstrate it in many different ways, looking at the history, going right up to the present day. So you look at borders, offshore tax havens, freeports, privatising services that should be public, outsourcing, democracy that’s supposed to protect people from capital, debt, the creation of the corporation, property law. But the, the overarching idea is that the UK is replicating internally what it has imposed externally, and when a nation imposes injustice on another nation, it always has a damaging internal effect that will come back to it. And, and one of your points that you make in the book, as I understand it, is if nothing else just out of self preservation, Britain really needs to understand its past because it’s continuing to shape its present and its future.”
Kojo: “Yeah, that’s very much a real powerful encapsulation of what I was trying to argue in the book, that I think that recently there has been a kind of growth of interest in the histories of the British Empire, which have been really poorly taught and very much kind of suppressed in the public consciousness, despite the fact that this is very recent history, that particular decolonial moment, that particular breakdown of the British Empire in the 1950s, 1960s, 1970s, this isn’t ancient history. Often we we talk about the empire people talk about 17th and 18th century plantation slavery, and everyone imagines, it’s like guys running around with red coats and muskets, and that’s like, this is the 1970s, this is when a lot of your listeners will have been alive, or maybe if not them, their parents will have been alive when these changes are happening. And the reason why I wanted to talk about, well, what are the consequences of these changes, particularly on an economic basis, was to again, push back on the way that we often talk about empire as simply a kind of cultural phenomenon, you know, we’ve began to talk about it, and this is obviously a valuable conversation, but it’s around statues, it’s around street names, it’s around the institutions, you know, of education or culture. And I really wanted to talk about the primary driver of empire, not just the British empire, but any empire, which is material – people travel across the world in order to extract resources and transfer them across borders and create a financial and legal architecture in order to legitimise that. And that has consequences. And so when we talk about today’s economy, we think about corporate tax avoidance, and we think about the weaponisation of private debt, and we think about the dominance of multinational corporations vis-a-vis the interests of popular democracy, we can start to connect a lot of those back to the history of the British Empire, and specifically to decisions that were made around the time of decolonisation. And this, I think, is, is kind of counterfactual to a lot of people because we are taught that what happens in the global south is simply part of the developing project, towards them becoming like us.
You know, I write a chapter in the book around the protection of the Anglo Iranian oil company from the democratic demands of Mohammad Mossadegh in Iran around the time of decolonisation. And, you know, the British government supported the interest of the Anglo oil company when Mossadegh tried to nationalise it and removed him from office and ensure that they can recover their oil refineries in the Abadan region. Now, this protection of the Anglo oil company starts to sound very familiar when we realise that the Anglo Iranian oil company, as soon after this kind of international scandal changed its name to British Petroleum and then BP. And then we look at 2022, and we look at the cost of living crisis, and we see, again, the British government protecting the interests of these massive oil companies who are recording record profits, BP perhaps more than any of them, whilst everyday people are struggling to be able to heat their homes and be able to sustain themselves and their families. And so this boomerang, this blow back of what happened in decolonisation, I think helps us have a clearer picture of the global economy, that what happens in the colonies doesn’t simply stay there, but it comes back on the homeland and it starts to impact how its economy, its society, and its politics operates. And I think that’s a lot of what we see in Britain right up until today.”
Naomi: “Yeah, absolutely. And what’s really interesting about, you mentioned Mossadegh of Iran, and others who successfully led or initially successfully led independence movements discovered that sovereignty didn’t equal control, you know, and I think what’s really fascinating is this weaponising of the notion of sovereignty during the Brexit campaign. I mean, first of all, the irony of that when Britain violently took away the sovereignty of so many other nations for such a long time, and then presided over a newly kind of sculpted empire through tax havens and abusive global tax rules that continues today. But also the fact that it’s not really sovereignty in the way that it’s being portrayed by the politicians who want to see basically the kind of deprivation and carte blanche for elites that’s long been a reality in Africa, Asia, and the Caribbean, austerity has just been a normality for, forever, and you refer to them as Third World Laboratories. But the desire that the Brexiteers were tapping into was real, you know, the ‘take back control’ feeling and the helplessness people felt was real, but that’s the feeling of loss of control against elites and corporations. But actually the Brexiteers were using that feeling, um, to push the Singapore-upon-Thames model of, you know, completely liberated capital and completely so-called ‘free markets’ to wreak their worst havoc in complete freedom, no matter what.”
Kojo: “Yeah, absolutely, the inability for ordinary people to hold not just their political elites, but the people who set the rules of their economic conditions to account, this idea that no matter who you vote for, no matter which party you support, the conditions in your area will continue to get worse and worse. And your living standards, the value of your wages visa-vis the value of assets will continue to decline year upon year. And that feeling of loss of control is, I think, the kind of nucleus that the Brexit campaign was able to tap into and then redirect it towards the European Union or immigrants or anybody apart from that global financial architecture that has continued to undercut living standards all across the world, and even now here in the former heart of empire. Wwhat I tried to do in the book is map out how the kind of loss of feeling of control in the United Kingdom, that loss of feeling of sovereignty, that loss of feeling of democratic accountability is connected to the erosion of sovereignty and erosion of democratic accountability that was allowed to happen to the former colonies of, you know, particularly the British Empire but all empires, in that aftermath of decolonisation from the 1950s to the 1980s. Decolonisation – we talk a lot about it now as a metaphor, you know, what does it mean? Decolonised curriculums, decolonised collections, decolonised everything. But in terms of what decolonisation was, from the 1950s and 1970s, it was quite simply the greatest multiplication of democratic power that the world has ever seen. All of a sudden two-thirds of the world transferred from being colonial subjects where they didn’t have that power of democracy, into being sovereign nation states. And so all of a sudden you get sovereign governments everywhere from Nigeria to Jamaica, to Ghana, to India, to Singapore, and for companies that operated across all those different territories, this obviously created a bit of a challenge because now you have rather than one jurisdiction, which you operate under the British Empire. You now have 5, 6, 7 different governments that can impose labour regulations, can impose tax demands, can impose protectionist policies. And so what happened to a lot of those countries was through the weaponisation of structural adjustment programme conditional loan agreements, um, you know, the offshoring of wealth, there was the slow erosion of the power of sovereignty, the slow erosion of democratic potential within those territories. And by allowing that to happen and often supporting that the government of the United Kingdom created the conditions for the undermining of sovereignty, even right here in the United Kingdom. And I think that when people wanna talk about we want to take back control, I think we need to think about it on an international level rather than a kind of narrow nationalist level.”
Naomi: “Yeah, that’s really interesting in the book. And the boomerang effect when it comes to tax and tax havenry has really very obviously blown back against the richer nations who have been sort of the main offenders when it comes to sucking all this revenue out of different nations. But they’ve also, you know, uh, undermined their own tax base, and their own governance. As you know, we’ve been producing studies, um, on how much each nation is draining away in revenue from other nations. And, you know, what it always comes back to is that it’s about the undermining of democracy, because tax havens and the lack of rules forcing multinationals to report publicly what they’re doing in each jurisdiction, financial secrecy, weak regulation, it all means that law-making by elected governments can become irrelevant, and there’s no zero either, you know, we’ve seen for decades how the state is increasingly subsidising corporations now, the race to the bottom never ends, and in some ways we’re even back to the sort of the commercial corporation model as it functions during empire, you know, the company state. I mean, it is as bad as that.”
Kojo: “I definitely do agree with you. I think that the work of the Tax Justice Network show the connection between the kind of afterlife of the British Empire, the legacy of imperialism and the current system of financialised tax evasion. Tax havens in the world positioned themselves as these new centres where finance capital could avoid the demands of democratic sovereignty. You know, and they did this at the time of decolonisation, to position themselves as the bolt holes for international finance capital without having to face those democratic demands that other jurisdictions were now subject to. And this had a drastic impact on the movement and flow of wealth all around the world, and has really assisted in the accelerating wealth inequality that we see, not only in the global south, but now increasingly as well in the global north. These legacies of empire is what we need to think about when we talk about decolonisation in order to create a much more equitable world. And it’s the part of the conversation that I think the government and the kind of mainstream politicians and newspapers in this country are very reluctant to have.”
Naomi: “Yeah. For me the saddest part of the book is that chapter where you look at the once really hopeful period for the third World movement, and particularly Jamaica’s role in leading that dream of a New International Economic Order, and they actually, they got so far, and it seems almost impossible now to look back on those times and see how far they actually did get in, um, utilising the United Nations. And it was such an important forum for such a potentially radical change. You know, we had in 1974, the declaration of the establishment of a new international economic order, it all went terribly wrong, and failed, but it was so hopeful at one point, and you call it the end of the third world. It’s just such a tragedy that it didn’t make it.”
Kojo: “Yeah, absolutely. I think of the failure of the international economic order and the defeat of the Manley government in Jamaica very much as the prologue to the emergence of neoliberalism, you know, and both in the UK and in the US and we talk a lot about neoliberalism these days, particularly as I think we are now in a place in 2022 where a lot of people are seeing the kind of promises of neoliberalism, this idea of deregulation and privatisation and financialisation creating this tsunami of wealth that kind of lifts all boats. We’re now really seeing the hollowness of that promise as we struggle through a cost of living crisis here in the United Kingdom, increasing wealth inequality, stagnating wages, escalating house prices and asset prices. People are seeing the promise of neoliberalism fail, and we’re starting to think, well, where did it come from? How did we end up believing this? How did it become so triumphant? And I think to, to know that, you can’t understand that neoliberalism without understanding what it came to defeat and what it came to replace. And that is that kind of third world-ist, non-aligned challenge to the international economic order, that declaration that was passed at the United Nations of the international economic order, which read today seems yeah, remarkably radical to have got through the United Nations, but got through at a moment where politicians like Manley recognised that as more and more countries became decolonised and therefore members of the United Nations, that in the General Assembly, in fact, it was the former colonised countries that had the majority, because unlike a lot of other international institutions, in the general assembly of the United Nations – one nation, one vote. And so they thought, well, if we can start to work together and band people together, we can start to create rules around transnational trade that might benefit us and maybe benefit the world.
You know, when we think about some of the sustainability, um, claims that are in the international economic order, we could all be in a very different place in terms of climate change had they been able to complete their objectives. But as a result, the emergence of neoliberalism and the kind of repurposing of the financial international institutions, particularly the IMF and the World Bank, where places like the United Kingdom, United States had a much greater influence than the, than in the United Nations General Assembly starts to undercut the optimism of that new international economic order moment. And the imposition, like I mentioned, of structural adjustment programmes and conditional loan agreements on these governments and the use of sovereign debt in order to kind of defang these governments is the beginnings of neoliberalism and the kind of the death of the new international economic order, which, as it happens is at the only north-south conference that has ever occurred in Cancun in Mexico, is really symbolic because this is the kind of the first major international conference that Margaret Thatcher attends and Ronald Reagan as well. And, you know, they both attend with the real dream of essentially killing the UN resolution in its crib and ensuring that things like the UN Development Bank that they wanted to establish never gets born – you know, the kind of overseeing commission for transnational corporate governance never gets born. And we really start to see that triumph of the rhetoric of, well, the best thing that these countries can do is not try and change the rules of the global economy, but, you know, pull themselves up by their own bootstraps, liberalise and deregulate and welcome in finance capital, that’s what Thatcher comes back from Cancun and advocates in Parliament. And I think that that was just a really useful rhetorical mask for the protection of the interest of finance capital against the sovereign demands of democratic people all across the world. And that has had real consequences for how our global economy functions, not just in the global South, but also right here in the United Kingdom.”
Naomi: “Right. And actually, if the third World movement had succeeded in what it was doing through the United Nations, it actually would’ve really, as you say, really would’ve been to the great benefit of the whole world, not just the Third World Nations, so-called. As you say, the whole thing really got shot down by Thatcher and Reagan, and a very, very damaging economic system has just completely taken hold ever since. And so I mentioned earlier about how we’re pushing to move the right to make the global tax rules from the OECD, the Rich Countries Club, as we call it, but also largely former colonial nations and the worst offenders in terms of tax haven re uh, tax haven offenders. Um, can a third world movement ever hope to utilise the forum of the United Nations once again, could we see that in our lifetime? I mean, you mentioned climate crisis that surely pushes the momentum forward for parts of the world most affected to reunite, um, to, to fight for certain things together. I know that Nkrumah had such faith in the potential of the United Nations, and he said, “I look upon the United Nations as the only organisation that holds out any hope for the future of mankind.” And I don’t wanna be naive about the United Nations and how existing power balances play out, no matter what the forum. Could we see the United Nations be used in a similar manner, at least with moving tax rule setting? Would you support that as fairer, more inclusive rule making? Can it go further than that? Um, what do you think?”
Kojo: “Yeah, I mean I would definitely think that it’s preferable to have, like you mention, the tax rules located within the United Nations as an institutional home than the OECD, you know, this is where we can see all the different countries in the world represented and at least have a nominal notion of kind of sovereign equality, you know, that’s enshrined in the very first articles of the UN Charter that each nation in this forum is as equal in terms of juridically as the next one. And so, at least in principle, it’s definitely preferable. But I think the idea that the United Nations offers the potential and optimism and hope that it did in that mid 20th century to early late 20th century period, you know, where people considered the United Nations to be the, the great hope of all peoples across the world to facilitate a more inclusive and more egalitarian future, you know, I think that the last 40 years or so have really shown the limitations of the United Nations in terms of holding to account the powerful countries in the OECD, or the powerful countries in terms of the UK, United States’ security objectives, everything from the war on drugs to the war on terror, the United Nations has been either very weak in terms of being able to confront them, or even sometimes the facilitator of that kind of transnational securitised violence. And so I think that it offers some potential, but I don’t think it’s the, it’s gonna be the locus of activist and transformational energy that it was in that initial period after its founding. You know, we need to remember the United Nations kind of paralleled that arc of decolonisation and so it was born, you know, as the first countries were being decolonised, you know, it’s actually relatively slow, a little slower than even in the League of Nations in terms of being like explicitly against the interests of, um, colonialism. But eventually by the 1960s you get the UN committee for decolonisation, and it starts to become a vehicle through which to encourage and facilitate greater decolonisation of nations. But I think that now there’s a little bit more cynicism about its potential and a feeling that, you know, it can be a place of struggle, but it’s not the place of struggle.”
Naomi: “Right, right. In the book you contrast the celebrations of 50 years of Ghana and independence with the Brexit celebrations in the UK, and how neither promise has been fulfilled. And I, I just have to ask you this because I, I try not to depress Taxcast listeners too much, and, and maybe for myself as well, I just feel like I have to find some hopeful ways forward in an environment where everything is so much in the grip of the economic system that we have established for ourselves and the rest of the world. You do talk about that it doesn’t have to be this way. Where do you place your hope for the future and for justice and restitution of the harms empire’s inflicted on nations and people?”
Kojo: “I think that that, you know, holding onto that optimism and recognising that the, the increased awareness of the connections between the wealth inequality that we’re struggling with all across the world and the United Kingdom as much as, as almost anywhere else in the Western world, the connections between that wealth inequality and the history, the very recent and very bloody history of empire and decolonisation, I think is starting to become more clear in people’s minds. And that is creating pressure for some of the legal, financial and economic loopholes and hangovers from empire to face public pressure of being either removed or at least held up to democratic accountability. An example that that gave me some optimism very recently was in the debate around the next Conservative leader. Um, you know, very rare that those kind of debates would give me any hope! But what I was struck by was that this was, I think the very first time I noticed that multiple candidates were asked about their tax status and their non-dom tax status, and whether they had offshore overseas accounts. I saw a bunch of them being asked, you know, there is a clear contradiction between benefiting from transnational tax loopholes that are hangovers of empire, that allow people to be able to hide their wealth from the demands of a sovereign government and being the head of a sovereign government, that is a contradiction that people are increasingly not willing to tolerate. And so that gave me a bit of hopeful optimism that yeah, it could be in the very near future that it’s simply not acceptable to be a major politician and be a beneficiary of an offshore account. I think that’s starting to change, and I think that that’s gonna create pressure maybe for those tax loopholes to not be there anymore.
The work that Tax Justice Network are doing is creating more awareness, perhaps creating the conditions in which people say that this type of funnelling out of wealth from countries is not acceptable. You know, when it was the seventies and the eighties and it was countries in West Africa and the Caribbean complaining about this saying, hang on a second, how are we supposed to build sustainable societies if all of our wealth is being siphoned off to offshore accounts? People dismissed them and thought that those were the complaints of, you know, the backward nations of the world. Well, now we’re starting to see that consequence and that impact right here, you know, in the former heart of empire. And I think that’s something that people are increasingly not willing to tolerate.”
Naomi: “Kojo Koram was speaking there about his book Uncommon Wealth: Britain and the Aftermath of Empire, published by John Murray Press.”
The EU called for feedback from the public last month on three measures it has proposed on tackling the role of accountants, services providers and other “enablers” in facilitating tax abuse. Here’s a summary of the measures and of our response to the public consultation.
For decades, we have witnessed the role played by accountancy firms and other service providers in facilitating offshore tax evasion and aggressive corporate tax avoidance. These so called ‘enablers’ have often assisted governments to design tax legislation while advising their clients on the ways to circumvent the very same laws.
Scandal after scandal provides evidence about how the offshore industry is damaging democracies and undermines the role that taxation plays in society. The extent of this problem is one that can hardly be ignored, costing the European Union alone US$ 160 billion in lost tax revenues every year.
The EU public consultation
On 12 October 2022, the European Commission closed a public consultation that aimed to gather stakeholders’ views on the role of enablers in facilitating aggressive tax planning and tax evasion within the European Union, the scale of the problem and the potential policy responses to it. The Tax Justice Network participated in the consultation and submitted recommendations on the suggested actions required to regulate the work of enablers, in order to prevent – or at least to reduce – the facilitation of tax abuse.
In an attempt to minimise the tax paid by their clients, enablers have been designing tax schemes often by abusing the loopholes in tax laws or by exploiting the mismatches between different national legislations. Given that service fees for these tax schemes are usually costly, these schemes are mostly bought by high-net-worth individuals and large multinationals and so further exacerbate inequality.
The big four have been widely criticised for being in a position of conflict of interest (see here and here), given that they provide tax advice to the same clients to which they provide audit services. These concerns have recently been echoed by the US Securities and Exchange Commission, which has started investigating whether accounting firms should conduct independent audits while also providing consulting and other non-audit services.
There are also warnings against the corporate capture of regulators through revolving doors, where professionals may rotate between the private and public sector.
Time’s up
In the last decade, civil society has played a central role in filling the gaps left by legislators by shining a light on the practices of some taxpayers and their enablers. Leak after leak, whistle-blowers have shared public interest secretive information, often paying a high price in their private lives. The Panama and Pandora papers, with the rise of international investigative journalism, have brought these issues to public attention, providing enough evidence to show that offshore abuse is rather structural and widely embedded in the enablers’ role.
The European Union has started to take action to respond to the challenges linked to the improper use of shell entities. Regulating enablers’ activities and clarifying the boundary between aggressive tax planning and tax avoidance is of particular urgency, predominantly given the lack of resources in which many states have found themselves following the pandemic.
As part of the consultation, the European Commission sought feedback on three proposed measures: 1) prohibiting enablers from creating or facilitating tax evasion and aggressive tax planning, and requiring enablers to carry out due diligence checks; 2) the requirements as per the first measure along with requiring professionals to register with an EU member state; 3) the introduction of new soft law, such as the creation of a code of conduct.
The Commission has also considered applying a new beneficial ownership reporting requirement for EU taxpayers, which would introduce the disclosure of ownership or control above 25 per cent of shares, voting rights, ownership interest, bearer shareholdings or control via other means in a non-listed company outside the EU.
The pie chart below shows the participation of the different stakeholders to the consultation.
Among the proposed measures, we have recommended the Commission opt for the second option, that is, prohibiting professionals from facilitating tax evasion and aggressive tax planning, requiring enablers to perform due diligence procedures and requiring enablers to register with an EU Register of Professionals. All those providing tax advisory services to EU taxpayers should be required to register as a prerequisite to being permitted to exercise their profession.
In our view, soft law requirements, such as the introduction of new codes of conduct as put forward by the EU, would not have a substantial impact in tackling the role of enablers. Such instruments are typically voluntary in nature, and even if they are prerequisite for practicing a profession, enforcement measures are usually mild. . Codes of conduct may play a complementary role but should not replace sound enforceable legislation. Rather, deregistration from the EU Register of Professionals and conviction by law is likely to be a much more effective deterrent. The Tax Justice Network submitted the following points to the consultation:
Having considered the problems that arise from scattered legal frameworks across EU member states and from uneven enforcement within the EU, we support the need to provide greater clarity on which actors are required to comply with the new law and encourage compliance. The existence of a Register as a precondition to practicing the profession within the EU would help achieve that clarity. Furthermore, an EU Ethics Committee, composed of representatives from all member states, should be established and mandated to administer and safeguard the Register.
Regarding the proposed additional reporting requirement to declare ownership or control in non-EU registered entities, we have recommended that the threshold to trigger disclosure should be lower than 25 per cent. In fact, to ensure that the reporting requirement is not circumvented, all beneficial owners should be disclosed. This is because if a threshold for disclosure applies, it is likely that the person who wishes not to register will find the right loopholes to escape the obligation. For example, a recent Al Jazeera investigation revealed an enabler was hiding the beneficial owner of a football club by incorporating an investment fund that was owned by 21 companies. This setup allowed the beneficial owner to avoid the 5 per cent threshold for reporting their information to the regulator in the country.
We have also recommended extending the current DAC 6 requirement on EU-based enablers who design or manage reportable cross-border arrangements to a parallel reporting obligation for taxpayers who benefit from these arrangements. By requiring both taxpayers and tax advisers to declare the tax schemes they employ, it would be easier for tax administrations to detect mismatches and raise red flags.
Furthermore, to further mitigate the risk of failure to define and report accurately all relevant tax avoidance schemes, we recommend that both tax advisers and taxpayers should be required to disclose details on uncertain tax positions to an authority at least once a year and guarantee that they make reserves in their accounts in case related obligations arise. This is an important measure to hold management accountable for prudential reporting and would also help tax administrations to detect the use of tax schemes, by increasing the number of cases reported. Whenever a tax payment related to a tax risk is ‘probable’, this information should be included in financial accounts.
La Tax Justice Network publica hoy esta carta abierta al G20 junto con el Estado de la Justicia Fiscal 2022, en el que se informa que la decisión de la OCDE de permitir a las empresas multinacionales divulgar sus informes país por país de forma privada en lugar de pública ha llevado a los gobiernos a renunciar a 89 mil millones de dólares anuales que las multinacionales debieron haber pagado en concepto de impuesto de sociedades.
Fecha: 15 de Noviembre 2022
A: Jefes de Estado y de Gobierno del G20
Tax Justice Network Ltd C/O Godfrey Wilson Ltd 5th Floor Mariner House 62 Prince Street Bristol, England BS1 4QD
Estimados líderes del G20,
Carta abierta: La OCDE no cumple los mandatos del G20
Reconociendo el interés del G20 por las cuestiones fiscales internacionales, y el liderazgo de la India, en su calidad de presidente de la organización, en el fortalecimiento de la labor en materia fiscal en las Naciones Unidas, escribo desde la Red de Justicia Fiscal para plantear serias preocupaciones sobre la problemática gestión de la OCDE de las normas fiscales internacionales y de un bien público mundial que le fue encomendado por el G20 en 2013: los datos de los reportes país por país de las empresas multinacionales.
Estas preocupaciones, que se exponen a continuación, se refieren a la incapacidad de garantizar la solidez técnica de la norma de la OCDE; a la incapacidad de hacer públicos los datos agregados de forma oportuna o periódica, según lo dispuesto por el G20; a la incapacidad de proporcionar datos públicos a nivel de empresa, que se estima que reducirían las pérdidas de ingresos debidas al abuso del impuesto de sociedades en más de 89.000 millones de dólares; y, en última instancia, a la incapacidad de la OCDE de garantizar que la propia organización pueda rendir cuentas de los progresos realizados.
La Tax Justice Network considera que nuestros sistemas fiscales y financieros son nuestras herramientas más poderosas para crear una sociedad justa que dé la misma importancia a las necesidades de todos y todas. Bajo la presión de los gigantes corporativos y de los súper ricos, nuestros gobiernos han programado estos sistemas para dar prioridad a los más ricos sobre todos los demás, introduciendo el secreto financiero y los paraísos fiscales en el núcleo de nuestra economía global. Esto alimenta la desigualdad, fomenta la corrupción y socava la democracia. Trabajamos para reparar estas injusticias inspirando y equipando a personas y gobiernos para que reprogramen sus sistemas fiscales y financieros.
Pérdidas fiscales globales y una medida de responsabilidad crítica
El G20 dio un paso importante al encargar a la OCDE (Organización para la Cooperación y el Desarrollo Económicos) en 2013 que desarrollara una norma para los reportes país por país. Esta medida, a la que la OCDE se había resistido durante mucho tiempo, tiene el objetivo de exponer y reducir el desajuste entre el lugar donde las empresas multinacionales declaran sus beneficios y la ubicación de su actividad económica real.
Esta práctica, comúnmente conocida como traslado de beneficios y que los informes país por país estaban específicamente diseñados para exponer, se estimó en su momento que costaría a los países miles de millones en ingresos fiscales perdidos. Estas estimaciones resultaron ser correctas cuando la OCDE publicó finalmente dos conjuntos de datos de informes país por país siete años después, en 2020 y en 2021, permitiendo la evaluación más precisa hasta el momento.
La Tax Justice Network analizó estos datos en los informes sobre el estado de la justicia fiscal, publicados conjuntamente en 2020 y 2021 con la Alianza Global para la Justicia Fiscal y la Internacional de Servicios Públicos, para revelar que las empresas multinacionales que trasladan sus beneficios al extranjero cuestan a los países de todo el mundo más de 300.000 millones de dólares en pérdidas fiscales anuales, generando más de un billón de dólares en flujos financieros ilícitos cada año.[1]
Estas pérdidas de ingresos socavan los gobiernos y los servicios públicos en todo el mundo. Se calcula que cada año 17 millones de personas más podrían beneficiarse de agua limpia y 34 millones de saneamiento básico, si se recuperaran los recursos perdidos por culpa de los abusos fiscales a escala global (empresas y particulares). En un periodo de diez años, estas ganancias estarían asociadas a la prevención de 600.000 muertes infantiles y 73.000 muertes maternas.[2]
Los datos anuales coherentes respaldan la presión constante para reformar las normas internacionales con el fin de frenar los costes del abuso fiscal de las empresas, y ayudan a las autoridades fiscales a centrarse en los casos más atroces. Pero la OCDE ha fracasado en el cumplimiento de este importante mandato de múltiples maneras.
Los múltiples fracasos de la OCDE
Este año, mientras los ciudadanos y los gobiernos de todo el mundo sienten la presión de la crisis mundial del coste de la vida, la OCDE no ha publicado oportunamente los informes país por país. Sin los datos de transparencia, ni la Tax Justice Network ni ninguna otra organización independiente pueden evaluar cuánto está perdiendo cada gobierno por el abuso del impuesto de sociedades de las multinacionales, ni los progresos realizados para frenar las pérdidas fiscales en los últimos años.
El hecho de que la OCDE no publique estos datos de transparencia en el momento oportuno, tal y como le ha pedido el G20, es inaceptable y se hace más problemático por la mayor urgencia de ingresos a la que se enfrentan los gobiernos en la actualidad. En los nueve años transcurridos desde que el G20 ordenó a la OCDE que recopilara y comunicara los datos de información país por país, la OCDE solo ha publicado hasta la fecha dos años de datos, el más reciente de los cuales corresponde a 2017.
Este fallo supone un importante obstáculo para la rendición de cuentas de los gobiernos, incluido el G20, y de las empresas multinacionales, pero es absolutamente fatal para la propia rendición de cuentas de la OCDE.
En primer lugar, la falta de datos hace imposible evaluar de forma coherente si ha habido algún progreso en la iniciativa sobre la erosión de la base y el traslado de beneficios (BEPS) que está a punto de entrar en su décimo año. El único objetivo que se marcó el G20 cuando puso en marcha la BEPS en 2012-13, es que la OCDE reduzca el desajuste entre la localización de la actividad económica real de las multinacionales y el lugar donde estas declaran sus beneficios.
Gracias a su control único de los datos de los reportes país por país, sólo la OCDE está en condiciones de evaluar esto. Así, la OCDE se califica en sus propios deberes, e impide que cualquier otro lo haga. Pero el análisis existente que utiliza fuentes de datos alternativas muestra que, lejos de frenar el abuso del impuesto de sociedades, BEPS ha permitido en realidad que crezca de forma más pronunciada.[3]
En segundo lugar, el hecho de que la OCDE no garantice la publicación oportuna de los datos ha hecho que los países no puedan evaluar las implicaciones en materia de ingresos de las propuestas de la organización para las reformas fiscales internacionales, que de nuevo son el resultado de un mandato del G20. Para los países que no pertenecen a la OCDE, la falta de datos es especialmente grave. A estos países del “Marco Inclusivo” se les pide, de hecho, que firmen un cheque en blanco: que renuncien a derechos fiscales conocidos a cambio de unos rendimientos totalmente inciertos según las propuestas de la OCDE. A pesar de su exclusivo acceso a los datos, la OCDE se ha negado a publicar las evaluaciones de los potenciales ingresos a nivel de país que se recaudarían, lo que quizás no sea sorprendente, ya que todas las evaluaciones independientes indican que los países de ingresos más bajos son los que menos se benefician de las propuestas.[4]
Pero la falta de publicación oportuna y regular no es la única forma en que la OCDE ha manejado mal el mandato de informar país por país. El tercer fracaso es la falta de desarrollo y actualización de un estándar técnico sólido que garantice datos de alta calidad. La Tax Justice Network acogió con gran satisfacción la norma de la OCDE para la presentación de informes país por país en 2015, que sigue de cerca el proyecto original de norma contable que habíamos promovido desde 2003.[5] Sin embargo, observamos problemas importantes en la solidez técnica de la norma y la disponibilidad muy limitada de los datos.
Lo más significativo fue una concesión que la OCDE introdujo en la norma y que permitía a las empresas multinacionales divulgar sus informes país por país de forma privada a las autoridades tributarias, en lugar de divulgarlos públicamente como habían propuesto originalmente los defensores de la medida de transparencia. Según la norma de la OCDE, las autoridades tributarias deben anonimizar los informes antes de compartirlos con la OCDE, que luego agrega y publica los datos. El anonimato concedido a las corporaciones multinacionales, argumentamos en su momento, negaba el propósito y socavaba la eficacia de los informes país por país.
La OCDE se había comprometido a revisar su norma después de cinco años de vigencia del Plan de Acción BEPS, por lo que realizó una consulta pública en 2020. La respuesta fue abrumadora, y los inversores y gestores de activos que representan billones de dólares en participación accionaria se alinearon pidiendo que los datos se hicieran públicos, y que la OCDE convergiera con el estándar líder, el de la Global Reporting Initiative (GRI).[6] Dos años y medio después, la OCDE no ha concluido su revisión ni ha respondido a estas claras demandas de las partes interesadas.
Costes del fracaso
La experiencia con normas más limitadas para la presentación de informes públicos país por país, incluso para las instituciones financieras que operan en la Unión Europea, ha proporcionado una base de prueba sobre los potenciales beneficios de la transparencia. Se ha visto que los bancos que operan en jurisdicciones identificadas como paraísos fiscales aumentan su pago de impuestos en 3,6 puntos porcentuales una vez que se exige la presentación de informes públicos, en comparación con los bancos que no hacen uso de los paraísos fiscales.
También se estima que incluso la preparación de los datos de información país por país para las autoridades tributarias únicamente puede aumentar los impuestos pagados en 1,5 puntos porcentuales, por lo que podemos descontar los rendimientos de la publicación de los informes de la OCDE en consecuencia, lo que implica un aumento de 2,1 puntos porcentuales en los impuestos pagados. Este nivel de respuesta implicaría un retorno mínimo de 89.000 millones de dólares a través de la reducción del abuso del impuesto de sociedades, simplemente por exigir la publicación de los datos de la OCDE. Esta reducción equivale al 28,5% de los 312 mil millones de dólares en impuestos que los países de todo el mundo perdieron por el abuso fiscal transfronterizo de las empresas en un solo año, según nuestro análisis de los datos agregados de la OCDE para 2017.
En otras palabras, exigir que la información país por país se divulgue públicamente en lugar de en privado hace que la medida tenga más del doble de impacto, y puede evitar 1 de cada 4 dólares de impuestos perdidos por el abuso fiscal transfronterizo de las empresas.
Al incluir la concesión del anonimato en su norma, la OCDE ha fallado a los gobiernos de todo el mundo y les ha hecho perder miles de millones de dólares en ingresos cada año.
La Tax Justice Network (TJN), y muchos otros, han planteado repetidamente estas cuestiones a lo largo de los años, y más recientemente en una carta abierta enviada en octubre de 2022 al recién nombrado Secretario General de la OCDE, Mathias Cormann por parte de TJN, en la que se detallan los fallos en su totalidad. En su respuesta, el Sr. Cormann no proporcionó las garantías adecuadas de que estas cuestiones se resolverán. Aunque acogemos con satisfacción el compromiso de la OCDE de reducir parcialmente el retraso en su publicación de datos agregados, esto no aborda las cuestiones más amplias de la calidad de los datos o de la equidad del acceso, e instamos al G20 a que revise el mandato de la OCDE.
La OCDE se ha quedado atrás…
El personal de la OCDE que trabaja en la elaboración de informes país por país ha mostrado un valioso compromiso para garantizar que los países miembros cooperen y que los datos de los informes país por país estén disponibles. Sin embargo, está claro que la organización no ha podido o no ha querido proporcionar los recursos necesarios para garantizar que esta función pueda desempeñarse de forma eficaz.
Como resultado, la OCDE se está quedando atrás, ya que algunos países, como EE.UU. y España, publican regularmente y con mucha más puntualidad los datos agregados; la UE ha decidido exigir la publicación directa de datos significativos a nivel de empresa; Australia ha anunciado que exigirá a las multinacionales que hagan públicos todos sus informes país por país; y varias multinacionales han adoptado de forma voluntaria el estándar GRI, mucho más sólido desde el punto de vista técnico.
En 2021, el Grupo de Alto Nivel de las Naciones Unidas sobre Responsabilidad, Transparencia e Integridad Financieras Internacionales (Panel FACTI, por sus siglas en inglés) pidió la creación de un Centro de Monitoreo de los Derechos Fiscales “para recopilar y difundir datos nacionales agregados y detallados sobre la fiscalidad y la cooperación fiscal a nivel mundial”, reflejando que “se necesita un organismo con una composición universal para que los datos detallados estén disponibles para el análisis y la investigación” y que “lo mínimo para empezar a abordar la escala masiva de la elusión y la evasión fiscal es obtener datos anuales coherentes a nivel mundial…”[7]
Lamentablemente, está claro que la OCDE no cumple este “mínimo”. Además, la actuación de la OCDE se ha deteriorado con el tiempo, incumpliendo sus propios plazos de publicación de informes país por país y no haciéndolo en absoluto en lo que va de 2022. No es posible argumentar que se trata de problemas iniciales que hay que superar: después de todo, han pasado casi 10 años desde que el G20 dio a la organización el mandato de informar país por país.
…y el mundo mira a la ONU: el G20 también debe hacerlo
No es de extrañar, por tanto, que los países del mundo ya se estén dirigiendo a la ONU. El G77 presentó el mes pasado un proyecto de resolución en la Asamblea General de la ONU para convertir el comité fiscal de la ONU en un organismo intergubernamental con mayores poderes, mientras que el Grupo Africano ha propuesto una resolución que iniciaría las negociaciones sobre una convención fiscal de la ONU, tal y como pedía la declaración de los ministros de finanzas de la Comisión Económica para África de mayo de 2022.[8] El Secretario General de la ONU, António Guterres, ha anunciado su apoyo a estas negociaciones,[9] y los borradores de propuestas demuestran que una convención podría exigir la publicación de informes país por país en todo el mundo y también hacer realidad el Centro de Monitoreo de los Derechos Fiscales propuesto por el grupo FACTI.
Instamos a los líderes del G20 a que respalden los llamamientos mundiales a favor de un nuevo papel inclusivo de la ONU en materia de derechos fiscales y a que trasladen el mandato de presentación de informes país por país a la ONU, donde la exigencia de transparencia fiscal del G20 de 2013 pueda finalmente hacerse realidad en su totalidad.
El G20 tenía razón al exigir la creación de datos de información país por país, reconociendo la necesidad y el valor de este bien público mundial. El G20 también tiene razón al seguir muy preocupado por la magnitud y los daños causados por el abuso del impuesto de sociedades. Pero incluso el país miembro de la OCDE más idealista debe reconocer que la organización no ha logrado cumplir con el bien público global de la información país por país, ni proporcionar un foro para el establecimiento de normas fiscales que sea inclusivo o eficaz.
Ahora pedimos al G20 que lleve este bien público global a la luz de la democracia en la ONU, apoyando las resoluciones del G77 y del Grupo Africano; pidiendo al comité fiscal de la ONU que asuma la responsabilidad de los datos de los informes país por país y/o apoyando la creación del Centro de Monitoreo de los Derechos Fiscales a través de una convención fiscal de la ONU; y apoyando la creación de un organismo fiscal intergubernamental verdaderamente inclusivo bajo los auspicios de la ONU.
Sólo así podremos lograr la transparencia fiscal y la responsabilidad que los gobiernos del mundo necesitan urgentemente para acabar con el flagelo del traslado de beneficios y recuperar los cientos de miles de millones de ingresos fiscales que pierden cada año.
Atentamente, Alex Cobham Director Ejecutivo Tax Justice Network
[5] Para un análisis más detallado de la historia y el desarrollo de esta importante herramienta, véase Cobham, Janský and Meinzer, 2018, ‘A half century of resistance to corporate disclosure’, Transnational Corporations 25(3), https://unctad.org/system/files/official-document/diaeia2018d5a2_en.pdf.
[6] Véase el resumen de las presentaciones en ‘Investors demand OECD tax transparency’, 2020, Tax Justice Network blog, https://www.taxjustice.net/2020/03/19/investors-demand-oecd-tax-transparency/.
Le Tax Justice Network publie aujourd’hui cette lettre ouverte au G20 ainsi que “Justice Fiscale: État des Lieux 2022“, qui rapporte que la décision de l’OCDE de permettre aux multinationales de divulguer leurs rapports pays par pays de manière privée plutôt que publique a conduit les gouvernements à renoncer à 89 milliards de dollars d’impôts sur les sociétés par an qui auraient dû être collectés.
Date: 15 November 2022
To: G20 Chefs d’État et de gouvernement
Tax Justice Network Ltd C/O Godfrey Wilson Ltd 5th Floor Mariner House 62 Prince Street Bristol, England BS1 4QD
Chers dirigeants du G20,
Lettre ouverte: L’OCDE ne remplit pas les mandats du G20
Compte tenu de l’importance accordée par le G20 aux questions de fiscalité internationale et du rôle moteur joué par la nouvelle présidence tournante qu’occupe l’Inde dans le renforcement des travaux sur les questions fiscales aux Nations Unies, je vous écris au nom du Tax Justice Network pour vous faire part des graves préoccupations que suscitent la gestion problématique par l’OCDE des règles fiscales internationales et d’un bien public mondial qui lui a été confié par le G20 en 2013 : les rapports pays par pays des entreprises multinationales.
Ces préoccupations, exposées ci-dessous, concernent l’incapacité à garantir la robustesse technique de la norme de l’OCDE ; l’incapacité à rendre publiques les données agrégées en temps voulu ou de manière régulière, comme l’a demandé le G20 ; l’incapacité à fournir des données publiques au niveau des entreprises, qui, selon les estimations, permettraient de réduire de plus de 89 milliards de dollars les pertes de revenus dues aux abus fiscaux des entreprises ; et enfin, l’incapacité de l’OCDE à garantir que l’organisation elle-même puisse être tenue responsable du faible niveau des progrès réalisés.
Le Tax Justice Network estime que nos systèmes fiscaux et financiers sont nos outils les plus puissants pour créer une société juste qui accorde une importance égale aux besoins de chacun. Sous la pression Des Grandes multinationales et des super riches, nos gouvernements ont programmé ces systèmes pour donner la priorité aux plus riches sur tous les autres, en plaçant le secret financier et les paradis fiscaux au cœur de l’économie mondiale. Ces pratiques alimentent les inégalités, favorisent la corruption et sapent la démocratie. Nous travaillons à réparer ces injustices en inspirant et en équipant les personnes et les gouvernements pour qu’ils reprogramment leurs systèmes fiscaux et financiers.
Les pertes fiscales mondiales et une mesure de responsabilisation essentielle
Le G20 a franchi une étape importante en demandant en 2013 à l’OCDE (l’Organisation de coopération et de développement économiques) d’élaborer une norme pour les rapports pays par pays. Cette mesure, à laquelle l’OCDE s’était longtemps opposée, a pour objectif de mettre en évidence et de réduire le décalage entre le lieu où les multinationales déclarent leurs bénéfices et le lieu de leur activité économique réelle.
On estimait à l’époque que cette pratique (communément appelée “transfert de bénéfices”), que les rapports pays par pays étaient spécifiquement conçus pour mettre en évidence, coûtait aux pays des milliards de dollars en pertes de recettes fiscales. Ces estimations se sont avérées exactes lorsque l’OCDE a finalement publié deux séries de données de rapports pays par pays sept ans plus tard, en 2020 et en 2021, permettant l’évaluation la plus précise à ce jour.
Le Tax Justice Network a analysé ces données dans les rapports sur l’état de la justice fiscale, publiés conjointement en 2020 et 2021 avec l’Alliance mondiale pour la justice fiscale et l’Internationale des services publics, pour révéler que les transferts de bénéfices que réalisent les multinationales à l’étranger coûtent aux pays du monde entier plus de 300 milliards de dollars américain en pertes fiscales annuelles, et génère plus de mille milliards de dollars de flux financiers illicites chaque année.1
Ces pertes de revenus sapent les gouvernements et les services publics dans le monde entier. On estime que, au niveau mondial, si les pertes de revenues perdus en abus fiscal (entreprises et particuliers) avaient été récupérées, chaque année 17 millions de personnes supplémentaires pourraient bénéficier de l’acces à l’eau propre et 34 millions pourraient avoir access à des soins de santé de base. Sur une période de dix ans, ces gains permettraient d’éviter 600 000 décès d’enfants et 73 000 décès.2
Des données annuelles cohérentes soutiennent la pression constante en faveur de la réforme des règles internationales afin de réduire les coûts de l’abus fiscal des entreprises, et aident les autorités fiscales à cibler les cas les plus flagrants. Toutefois l’OCDE n’a pas réussi à remplir cet important mandat de multiples façons.
Les multiples échecs de l’OCDE
Cette année, alors que les populations et les gouvernements du monde entier subissent la pression d’une crise mondiale du coût de la vie, l’OCDE n’a pas publié en temps voulu les rapports pays par pays. Sans ces données de transparence, ni le Tax Justice Network ni aucune autre organisme de recherche indépendante ne peut évaluer combien chaque gouvernement perd en raison de l’abus fiscal des multinationales, ni les progrès réalisés pour réduire les pertes fiscales ces dernières années.
Le fait que l’OCDE n’ait pas publié ces données de transparence en temps voulu, comme l’avait demandé le G20, est inacceptable et d’autant plus problématique que les gouvernements sont aujourd’hui confrontés à une urgence accrue en matière de recettes. Depuis neuf ans que le G20 a demandé à l’OCDE de collecter et de rendre publique des données sur les rapports pays par pays, l’OCDE n’a publié à ce jour que deux années de données – dont la plus récente concerne l’année 2017.
Cet échec constitue un obstacle important pour la responsabilité des gouvernements, y compris du G20, et des entreprises multinationales – mais il est absolument fatal pour la propre responsabilité de l’OCDE.
Tout d’abord, l’absence de données ne permet pas d’évaluer de manière cohérente si des progrès ont été réalisés dans le cadre de l’initiative BEPS (Base Erosion and Profit Shifting) qui est sur le point d’entrer dans sa dixième année. L’objectif unique fixé par le G20 lorsqu’il a lancé le BEPS en 2012-2013 c’etait que l’OCDE réduise le décalage entre le lieu de l’activité économique réelle des multinationales et celui où elles déclarent leurs bénéfices. Grâce à son contrôle unique les données pays par pays, seulement l’OECD est en mesure d’évaluer l’étendue du problème.
L’OCDE manque ainsi à ses propres engagements et empêche également toute autre partie prenante de le faire. Mais l’analyse existante, qui utilise des sources de données alternatives, montre que, loin de freiner les abus fiscaux des entreprises, BEPS a, en fait, permis à ces derniers de se développer plus fortement.3
Deuxièmement, l’incapacité de l’OCDE à assurer la publication des données en temps voulu a fait que les pays ne sont pas en mesure d’évaluer les répercussions sur les recettes des propositions de l’organisation en matière de réformes fiscales internationales, qui résultent elles aussi d’un mandat du G20. Pour les pays non membres de l’OCDE, le manque de données est particulièrement criant. On demande en effet à ces pays du “Cadre inclusif” de signer un chèque en blanc : ils renoncent à des droits fiscaux connus en échange de recettes totalement incertaines dans le cadre des propositions de l’OCDE. Malgré son accès unique aux données, l’OCDE a refusé à tout moment de publier des évaluations des recettes au niveau des pays, ce qui n’est, peut-être, pas surprenant puisque toutes les évaluations indépendantes indiquent que les pays à faible revenu sont ceux qui bénéficieront le moins des propositions.4
Mais le fait de ne pas publier en temps voulu et régulièrement n’est pas la seule façon dont l’OCDE a mal géré le mandat de rapports pays par pays. Le troisième échec est l’incapacité à développer et à mettre à niveau une norme technique robuste pour garantir des données de haute qualité. Le Tax Justice Network a accueilli chaleureusement la norme de l’OCDE pour les rapports pays par pays en 2015, qui suit de près le projet de norme comptable original que nous avions promu depuis 2003.5 Nous avons cependant noté des problèmes importants dans la robustesse technique de la norme et la disponibilité très limitée des données.
Le plus important est une concession faite par l’OCDE dans la norme qui permet aux sociétés multinationales de divulguer leurs rapports pays par pays de manière privée aux autorités fiscales, au lieu de les rendre publics comme le proposaient initialement les partisans de la mesure de transparence. Selon la norme de l’OCDE, les autorités fiscales sont tenues d’anonymiser les rapports avant de les communiquer à l’OCDE, qui agrège ensuite les données et les publie. L’anonymat concédé aux multinationales, avions-nous fait valoir à l’époque, annulait l’objectif et sapait l’efficacité des rapports pays par pays.
L’OCDE s’était engagée à revoir sa norme après cinq ans de mise en oeuvre du plan d’action BEPS, et a donc organisé une consultation publique en 2020. La réponse a été massive, les investisseurs et les gestionnaires d’actifs représentant des milliers de milliards de dollars d’actionnariat s’alignant pour demander que les données soient rendues publiques et que l’OCDE converge vers la norme de référence, celle de la Global Reporting Initiative.6 Deux ans et demi plus tard, l’OCDE n’a ni conclu son examen ni répondu à ces demandes claires des parties prenantes.
Les coûts de l’échec
L’expérience acquise avec des normes plus limitées en matière de publications de rapports pays par pays, y compris pour les institutions financières opérant dans l’Union Européenne, a fourni une base de preuves sur les avantages que représente la transparence. On a constaté que les banques ayant des opérations dans des juridictions identifiées comme des paradis fiscaux augmentaient leur paiement d’impôts de 3,6 points de pourcentage une fois que la déclaration publique était exigée, en comparaison aux banques n’ayant pas recours aux paradis fiscaux.
On estime également que même la préparation à titre privé des rapports pays par pays peut augmenter l’impôt payé de 1,5 point de pourcentage. On peut donc réduire en conséquence le rendement de la publication des rapports de l’OCDE, ce qui implique une augmentation de 2,1 points de pourcentage de l’impôt payé. Ce niveau de réponse impliquerait un rendement minimum de 89 milliards de dollars US à travers la réduction des abus fiscaux des entreprises, simplement en exigeant la publication des données de l’OCDE. Cette réduction représente 28,5 % des 312 milliards de livres sterling d’impôts que les pays du monde entier ont perdus en raison de l’abus fiscal transfrontalier des entreprises en une seule année, selon notre analyse des données agrégées de l’OCDE pour 2017.
En d’autres termes, le fait d’exiger que les rapports pays par pays soient divulgués publiquement plutôt que de manière privée rend la mesure plus de deux fois plus efficace, et peut empêcher la perte de 1 dollar de revenus fiscaux sur 4, en raison d’abus fiscaux transfrontaliers des entreprises.
En intégrant la concession de l’anonymat dans sa norme, l’OCDE a laissé tomber les gouvernements du monde entier et leur a fait perdre des milliards de dollars de revenus chaque année.
Le Tax Justice Network, et bien d’autres, ont soulevé ces questions à plusieurs reprises au fil des ans, et plus récemment dans une lettre ouverte envoyée en octobre 2022 au nouveau Secrétaire général de l’OCDE, Mathias Cormann, par le Tax Justice Network, qui décrit en détail ces échecs. Dans sa réponse, M. Cormann n’a pas fourni de garanties suffisantes que ces problèmes seront résolus. Si nous saluons l’engagement de l’OCDE à réduire partiellement le délai de publication de ses données agrégées, cela ne résout pas les questions plus larges de la qualité des données ou de l’équité d’accès, et nous demandons instamment au G20 de revoir le mandat de l’OCDE.
L’OCDE a été laissée pour compte…
Le personnel de l’OCDE travaillant sur les rapports pays par pays a fait preuve d’un engagement précieux pour s’assurer que les pays membres coopèrent et que les données des rapports pays par pays sont disponibles. Il est clair, cependant, que l’organisation n’a pas pu ou voulu fournir les ressources nécessaires pour que ce rôle puisse être joué efficacement.
En conséquence, l’OCDE est laissée à la traîne – par des pays comme les États-Unis et l’Espagne qui publient régulièrement et beaucoup plus rapidement des données agrégées, par l’UE qui a décidé d’exiger la publication directe de données importantes au niveau des entreprises, par l’Australie qui exige désormais que les multinationales publient l’intégralité de leurs rapports pays par pays et par l’adoption croissante et volontaire de la norme GRI, beaucoup plus robuste sur le plan technique.
En 2021, le Groupe d’experts de haut niveau des Nations Unies sur la responsabilité financière internationale, la transparence et l’intégrité (FACTI) a appelé à la création d’un Centre de suivi des droits d’imposition “pour collecter et diffuser des données nationales globales et détaillées sur la fiscalité et la coopération fiscale à l’échelle mondiale”, indiquant qu'”un organisme à composition universelle est nécessaire pour mettre des données détaillées à disposition pour l’analyse et la recherche” et que “le strict minimum pour commencer à s’attaquer à l’ampleur de l’évasion et de la fraude fiscales est d’obtenir des données annuelles cohérentes à l’échelle mondiale”.
Malheureusement, il est clair que l’OCDE ne respecte pas ce “strict minimum”. De plus, les performances de l’OCDE se sont détériorées au fil du temps, ne respectant pas ses propres délais de publication des rapports pays par pays et ne le faisant pas du tout jusqu’à présent en 2022. Il n’est pas possible d’affirmer qu’il s’agit de problèmes initiaux à surmonter : après tout, cela fait près de 10 ans que le G20 a confié à l’organisation le mandat de publier des rapports pays par pays.
…et le monde se tourne vers l’ONU – le G20 doit en faire autant
Il n’est donc pas surprenant que les pays du monde entier se tournent déjà vers l’ONU. Le mois dernier, le G77 a soumis à l’Assemblée générale des Nations Unies un projet de résolution visant à transformer le comité fiscal des Nations Unies en un organe intergouvernemental doté de pouvoirs plus étendus, tandis que le Groupe africain a proposé une résolution visant à entamer des négociations sur une convention fiscale des Nations Unies, comme le demande la déclaration des ministres des finances de la Commission Economique pour L’Afrique de mai 2022. Le secrétaire général des Nations Unies, António Guterres, a annoncé son soutien à de telles négociations,7 et les projets de propositions démontrent qu’une convention pourrait exiger la publication de rapports pays par pays dans le monde entier et également mettre en place le Centre de suivi des droits fiscaux proposé par le panel FACTI.
Nous exhortons les dirigeants du G20 à soutenir les appels mondiaux en faveur d’un nouveau rôle inclusif de l’ONU en matière de droits fiscaux et à transférer le mandat de rapports pays par pays à l’ONU, où la demande de transparence fiscale formulée par le G20 en 2013 pourra enfin être pleinement réalisée.
Le G20 a eu raison d’exiger la création de rapports pays par pays, en reconnaissant la nécessité et la valeur de ce bien public mondial. Le G20 a également raison de rester très préoccupé par l’ampleur et les dégâts causés par les abus fiscaux des entreprises. Mais même le pays membre de l’OCDE le plus optimiste doit reconnaître que l’organisation n’a pas réussi à fournir le bien public mondial que représente le rapport pays par pays, ni à offrir un forum pour l’établissement de règles fiscales qui soit inclusif ou efficace.
Nous demandons maintenant au G20 d’inscrire ce bien public mondial dans le cadre de la démocratie à l’ONU, en soutenant les résolutions du G77 et du Groupe africain, en demandant au comité fiscal de l’ONU d’assumer la responsabilité des données des rapports pays par pays et/ou en soutenant la création du Centre de surveillance des droits fiscaux par le biais d’une convention fiscale de l’ONU, et en soutenant la création d’un organisme fiscal intergouvernemental véritablement inclusif sous les auspices de l’ONU.
Ce n’est qu’alors que nous pourrons obtenir la transparence et la responsabilité fiscales dont les gouvernements du monde entier ont besoin de toute urgence pour mettre fin au problème du transfert de bénéfices et récupérer les centaines de milliards de recettes fiscales qu’ils perdent chaque année.
Je vous prie d’agréer, Madame, Monsieur, l’expression de mes sentiments distingués,
The Tax Justice Network is publishing today this open letter to the G20 alongside the State of Tax Justice 2022, which reports that the OECD decision to permit multinational corporations to disclose their country by country reporting privately instead of publicly had led governments to forgo $89 billion in corporate tax a year that should have been collected.
Date: 15 November 2022
To: G20 Heads of state and government
Tax Justice Network Ltd C/O Godfrey Wilson Ltd 5th Floor Mariner House 62 Prince Street Bristol, England BS1 4QD
Dear G20 leaders,
Open letter: OECD failure to deliver on G20 mandates
Recognising the G20’s focus on international tax issues, and the leadership of the organisation’s new president, India in strengthening work on tax matters at the United Nations, I am writing from the Tax Justice Network to raise serious concerns over the OECD’s problematic stewardship of international tax rules and of a global public good mandated to it by the G20 in 2013: the country by country reporting data of multinational companies.
These concerns, set out below, relate to the failure to ensure the technical robustness of the OECD standard; the failure to make aggregate data public in either a timely or a regular fashion, as directed by the G20; the failure to deliver company-level public data, which it is estimated would cut the revenue losses due to corporate tax abuse by more than US$89 billion; and ultimately, the OECD’s failure to ensure that the organisation itself can be held accountable for progress.
The Tax Justice Network believes that our tax and financial systems are our most powerful tools for creating a just society that gives equal weight to the needs of everyone. Under pressure from corporate giants and the super-rich, our governments have programmed these systems to prioritise the wealthiest over everybody else, wiring financial secrecy and tax havens into the core of our global economy. This fuels inequality, fosters corruption and undermines democracy. We work to repair these injustices by inspiring and equipping people and governments to reprogramme their tax and financial systems.
Global tax losses and a critical accountability measure
The G20 took an important step by directing the OECD (the Organisation for Economic Cooperation and Development) in 2013 to develop a standard for country by country reporting. This measure, which the OECD had long resisted, has the aim of exposing and reducing the misalignment between where multinational corporations declare their profits and the location of their real economic activity.
This practice, commonly referred to as profit shifting and which country by country reporting was specifically designed to expose, was estimated at the time to cost countries billions in lost tax revenue. These estimates proved to be correct when the OECD finally published two sets of country by country reporting data seven years later in 2020 and in 2021, allowing the most precise evaluation so far.
The Tax Justice Network analysed this data in the State of Tax Justice reports, published jointly in 2020 and 2021 with the Global Alliance for Tax Justice and Public Services International, to reveal that multinational corporations shifting profits offshore cost countries around the world over US$300 billion in annual tax losses, generating in excess of a trillion dollars of illicit financial flows each year.[1]
These revenue losses undermine governments and public services around the world. It is estimated that each year 17 million more people could benefit from clean water and 34 million from basic sanitation, if revenue losses due to global tax abuse (corporate and individual) were reversed. Over a ten-year period, these gains would be associated with the prevention of 600,000 child deaths and 73,000 maternal deaths.[2]
Consistent annual data supports the ongoing pressure to reform the international rules in order to curb the costs of corporate tax abuse, and assists tax authorities in targeting the most egregious cases. But the OECD has failed to meet this important mandate in multiple ways.
The OECD’s multiple failures
This year, as people and governments everywhere feel the squeeze of a global cost of living crisis, the OECD has failed to publish country by country reporting in a timely manner. Without the transparency data, neither the Tax Justice Network nor any other independent research can evaluate how much each government is losing to multinationals’ corporate tax abuse, or any progress made to curb tax losses in recent years.
The OECD’s failure to publish this transparency data in a timely manner as directed by the G20 is unacceptable and made more problematic by the heightened urgency for revenue governments face today. In the nine years since the OECD was directed by the G20 to collect and report country by country reporting data, the OECD has to date published only two years of data – the most recent of which relates to 2017.
This failure presents an important obstacle for the accountability of governments, including the G20, and of multinational companies – but it is absolutely fatal for the OECD’s own accountability.
First, the lack of data makes it impossible to assess on a consistent basis whether there has been any progress at all on the Base Erosion and Profit Shifting (BEPS) initiative that is about to enter its tenth year. The single goal given by the G20 when they set BEPS in motion in 2012-13, is that the OECD should reduce the misalignment between the location of multinationals’ real economic activity, and where they declare their profits.
With its unique control of country by country reporting data, only the OECD is fully able to assess this. The OECD is thus marking its own homework, and also preventing anyone else from doing so. But the existing analysis using alternative data sources shows that far from curbing corporate tax abuse, BEPS has actually allowed it to grow more sharply.[3]
Second, the OECD’s failure to ensure timely publication of the data has meant that countries are unable to assess the revenue implications of the organisation’s proposals for international tax reforms, which again are the result of a G20 mandate. For countries outside the OECD, the lack of data is especially stark. These countries in the ‘Inclusive Framework’ are being asked, in effect, to sign a blank cheque: to give up known taxing rights in exchange for entirely uncertain returns under the OECD proposals. Despite its unique data access, the OECD has refused to publish country-level revenue assessments at any stage – although is perhaps unsurprising as all independent evaluations indicate that lower-income countries stand to benefit least from the proposals.[4]
But failure to publish in a timely and regular fashion is not the only manner in which the OECD has mishandled the country by country reporting mandate. The third failure is the failure to develop and upgrade a robust, technical standard to ensure high-quality data. The Tax Justice Network warmly welcomed the OECD standard for country by country reporting in 2015, which follows closely the original draft accounting standard that we had promoted since 2003.[5] We noted, however, significant issues in the technical robustness of the standard and the severely limited availability of the data.
Most significantly was a concession engineered by the OECD into the standard that permitted multinational corporations to disclose their country by country reporting privately to tax authorities, instead of disclose them publicly as originally proposed by proponents of the transparency measure. Under the OECD standard, tax authorities are required to anonymise the reports before sharing them with the OECD, which then aggregates and publishes the data. The anonymity conceded to multinational corporations, we argued at the time, negated the purpose and undermined the effectiveness of county by country reporting.
The OECD had committed to a review of its standard after five years of the BEPS Action Plan, and accordingly held a public consultation in 2020. The response was overwhelming, with investors and asset managers representing trillions of dollars of shareholding aligning calling for the data to be made public, and for the OECD to converge to the leading standard, that of the Global Reporting Initiative.[6] Two and a half years later, the OECD has neither concluded its review nor responded to these clear demands from stakeholders.
Costs of failure
Experience with more limited standards for public country by country reporting, including for financial institutions operating in the European Union, have provided a basis of evidence on the benefits of transparency. Banks with operations in jurisdictions identified as tax havens were seen to increase their tax payment by 3.6 percentage points once public reporting was required, compared to banks not making use of tax havens.
It is also estimated that even private preparation of country by country reporting data can increase tax paid by 1.5 percentage points, so we can discount the returns on publishing OECD reporting accordingly, which implies a 2.1 percentage point increase in tax paid. This level of response would imply a minimum return of US$89 billionthrough the reduction of corporate tax abuse, simply from requiring the publication of OECD reporting data. This reduction amounts to 28.5 per cent of the £312 billion in tax that countries around the world lost to cross-border corporate tax abuse in a single year, according to our analysis of the OECD’s aggregate data for 2017.
In other words, requiring country by country reporting to be disclosed publicly instead of privately makes the measure more than twice as impactful, and can prevent 1 of every 4 tax dollars lost to cross-border corporate tax abuse.
By engineering the anonymity concession into its standard, the OECD has failed governments around the world and cost them billions in revenue each year.
The Tax Justice Network, and many others, have repeatedly raised these issues over the years, most recently in an open letter sent in October 2022 to the newly appointed OECD Secretary-General Mathias Cormann from the Tax Justice Network detailing the failures in full. In his response, Mr. Cormann did not provide adequate reassurances that these issues will be resolved. While we welcome the OECD’s commitment to reduce partially the lag on their publication of aggregate data, this does not address the wider issues of the quality of the data or of the fairness of access, and we urge the G20 to revisit the OECD’s mandate.
The OECD has been left behind…
OECD staff working on country by country reporting have shown a valuable commitment to ensuring that member countries cooperate and that country by country reporting data are made available. It is clear, however, that the organisation has been unable or unwilling to provide the necessary resources to ensure that this role can be performed effectively.
As a result, the OECD is being left behind – by individual countries like the US and Spain maintaining regular and much more timely publication of aggregate data; by the EU deciding to require the direct publication of significant company-level data; by Australia now requiring multinationals’ to publicly disclose their full country by country reporting; and by the growing, voluntary adoption of the much more technically robust GRI standard.
In 2021, the UN High-Level Panel on International Financial Accountability, Transparency and Integrity (FACTI) called for the creation of a Centre for Monitoring Taxing Rights “to collect and disseminate national aggregate and detailed data about taxation and tax cooperation on a global basis”, reflecting that “[a] body with universal membership is needed to make detailed data available for analysis and research” and that “[t]he bare minimum to begin addressing the massive scale of tax avoidance and evasion is to obtain consistent annual data on a global basis.”[7]
It is, sadly, clear that the OECD is not meeting this “bare minimum”. Moreover, the OECD’s performance has deteriorated over time, missing its own deadlines for publishing country by country reporting and failing to do so at all so far in 2022. It is not possible to argue that these are early teething issues to overcome: it is, after all, nearly 10 years since the G20 gave the organisation the country by country reporting mandate.
…and the world is looking to the UN – the G20 must too
It is unsurprising then that countries of the world are already moving on to the UN. The G77 submitted last month a draft resolution at the UN General Assembly to upgrade the UN tax committee into an intergovernmental body with wider powers, while the Africa Group has proposed a resolution that would begin negotiations on a UN tax convention, as called for by the ECA finance ministers’ declaration of May 2022.[8] The UN Secretary General António Guterres has announced his support for such negotiations,[9] and draft proposals demonstrate that a convention could require publication of country by country reporting worldwide and also bring about the FACTI panel’s proposed Centre for Monitoring Taxing Rights.
We urge G20 leaders to back global calls for a new, inclusive UN role on taxing rights and to move the country by country reporting mandate to the UN, where the G20’s 2013 demand for tax transparency can finally be realised in full.
The G20 was right to necessitate the creating of country by country reporting data, recognising the need and value of this global public good. The G20 is right, too, to remain highly concerned by the scale and damage due to corporate tax abuse. But even the most starry-eyed OECD member country must recognise that the organisation has failed to deliver both on the global public good of country by country reporting, and on providing a forum for tax rule-setting that is either inclusive or effective.
We now call on the G20 to bring this global public good into the daylight of democracy at the UN, by supporting the G77 and Africa Group resolutions; by asking the UN tax committee to take up responsibility for country by country reporting data and/or by backing the creation of the Centre for Monitoring Taxing Rights through a UN tax convention; and by supporting the creation of an truly inclusive, intergovernmental tax body under UN auspices.
Only then can we achieve the tax transparency and accountability that governments of the world urgently need to end the scourge of profit shifting and recover the hundreds of billions in tax revenue they lose every year.
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 favorita. En este programa con Marcelo Justo and Marta Nuñez:
La victoria de Lula en Brasil y América Latina.
El fraude fiscal de una multinacional en Argentina.
Bolivia o cómo conseguir la seguridad alimentaria en épocas de crisis y pandemia
Las Naciones Unidas buscan reformar el sistema impositivo global
The Red Sea resort of Sharm El Sheikh in Egypt is the focal point of the world’s attention this week as political leaders from all over the planet come together for COP27, the 27th United Nations climate change conference.
This latest convening comes after a series of reports giving dire warnings about the international community’s continuing failure to rise to the challenge of preventing catastrophic temperature rise. What has become viscerally clear is that climate change is no longer a distant disaster somewhere in the future. The devastating human and environmental impacts of climate change are already upon us, and the only question that now remains is just how bad it will get and how effectively humanity will be able to navigate the storm.
Given that many of the most pernicious impacts of climate change, in particular for the Global South, are now ‘baked in’, the attention of climate justice activists has shifted away from the language of mitigation and adaptation and towards the agenda of ‘loss and damage’.
The issue of loss and damage – which refers to impacts of climate change not avoided by mitigation, adaptation, or other measures – is recognised in Article 8 of the Paris Agreement, which declares that signatory countries “recognise the importance of averting, minimising and addressing loss and damage associated with the adverse effects of climate change”. Thus far, almost all developed nations – with the notable exceptions of Scotland and Denmark – have refused to make meaningful financial commitments to compensate for loss and damage, despite the fact they are precisely the ones most responsible for the historic greenhouse gas emissions that have caused the crisis.
Together with the Global Initiative on Economic, Social and Cultural Rights, the Tax Justice Network is working to develop reforms to the governance of international taxation. These must be implemented in order to deliver a just transition and ensure that poorer nations in particular have the resources necessary to navigate the years ahead. As we demonstrate in a new white paper which is being presented at the COP27 meeting, these reforms are crucial to minimise the human suffering stemming from climate change.
Proposals to create a new financial facility to address loss and damage were scuppered at the last UN climate conference in Glasgow, and there is still no formal international mechanism for addressing the harms caused by climate change to the world’s poorest populations. Yet this accelerating crisis should be considered a matter of racial, gender and post-colonial justice: it is well documented that women and girls, and people of colour in former colonial states, are disproportionately impacted by climate change. A global economic system anchored in the financial and resource extraction of these countries by the Global North has caused the climate crisis, whilst also rendering countries unable to cope with the environmental convulsions they are experiencing.
Moreover, these reforms to the governance of international taxation should be considered a human rights obligation, for wealthy and poorer nations alike. This has increasingly been recognised by the United Nations human rights system. In 2019, five human rights treaty bodies issued a declaration to remind governments that human rights obligations require that they “co-operate in good faith in the establishment of global responses addressing climate-related loss and damage suffered by the most vulnerable countries. More recently the UN Special Rapporteur on Climate Change and Human Rights, following a submission from the Tax Justice Network and the Global Initiative, called for the General Assembly to “explore legal options to close down tax havens as a means of freeing up taxation revenue for loss and damage”.
Although a radical reconstruction of the architecture of international taxation will not in itself be enough to provide the redress that is now required, it will be a crucial central pillar of any effort to deliver a just climate transition. As things currently stand, countries lost an estimated US$ 483 billion in tax each year as a result of global tax abuse committed by multinational corporations and wealthy individuals. Meanwhile, somewhere between US$ 21 trillion and US$ 32 trillion is hidden from tax authorities offshore, and the ease with which multinational corporations can shift their profits into tax havens and away from the location of actual economic activity has fed a race to the bottom on corporate taxation. Indeed, average corporate tax rates have fallen from 49% in 1985 to just 23% in 2019.
The table below, drawing on data from the Tax Justice Network’s State of Tax Justice report and the landmark 2019 study into loss and damage by Markandya and González-Eguino, illustrates the stark financial cliff the Global South is facing as the climate catastrophe gathers momentum. This grim reality gives increased urgency to the need to reform the international tax system in order to stop the pillage of government coffers everywhere.
Loss and damage and tax costs for Africa, Asia, and Latin America & Caribbean (billion USD)
Data from the State of Tax Justice report 2021 and calculations based on Markandya, A., González-Eguino, M. (2019), ‘Integrated Assessment for Identifying Climate Finance Needs for Loss and Damage: A Critical Review’, in Mechler, R., et al (eds), ‘Loss and Damage from Climate Change: Climate Risk Management, Policy and Governance’, Springer.
Among the measures needed to achieve this are a meaningful minimum tax on corporate profits, so as to halt the ‘race to the bottom’, and the creation of a United Nations tax convention to replace the century-old system of bilateral tax treaties that place weaker nations at the mercy of more powerful states. As a necessary precondition to the latter, negotiations on international tax cooperation must be moved away from the Organisation for Economic Cooperation and Development, which has not kept its promise to include the voices of developing nations, to the UN, where all countries can meet on a more equal footing.
The climate justice and tax justice movements are not separate, or even parallel, issues. They are so intimately enmeshed that our collective success or failure in addressing each of them will be integral to determining outcomes for the other. As two highly-technical spheres, both of which require deep and determined international collaboration, bridging the gap between these two areas is no easy task. It is not hyperbole to say that the future of humanity hangs in the balance.
Welcome to the 59th edition of our Arabic podcast/radio show Taxes Simply الجباية ببساطةcontributing 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.
في الحلقة #59 من بودكاست الجباية ببساطة، استضاف وليد بن رحومة، السيد محب عبود وكيل نقابة المعلمين المستقلة لنقاش وضعية المنظومة التعليمية في مصر وما تعانيه من وهن. وتطرق الحوار لسبل إصلاح وتطوير التعليم بعيدا عن التمييز الطبقي. في الحلقة نعود على توصل مصر وتونس لإتفاق مع صندوق النقد الدولي وإرتفاع الدين العام في الاردن.
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 English, Spanish, Arabic, French, Portuguese. They’re all available here and on most podcast apps. Here’s our latest episode:
Dans cette édition de votre podcast en français produit par Tax Justice Network, nous revenons sur plusieurs thématiques qui ont marqué l’actualité fiscale en rapport aux pays du sud. A l’OCDE, on intensifie les discussions pour parvenir à un document définitif de l’accord fiscal multilatéral qui a été validé en fin 2021. Selon des experts de l’ONG South Center Tax Initiative qui est basée à Genève en Suisse, de nombreux ajustements méritent encore d’être effectués pour prendre en compte les intérêts des pays en développement. Fin octobre 2021, le Ministère camerounais des finances a organisé une rencontre avec la société civile pour discuter de la réforme des finances publiques, notre ONG partenaire le CRADEC a profité de l’occasion pour élaborer un solide plaidoyer des réformes, sur la base des instruments d’analyse fournis par Tax Justice Network. Enfin, l’invité de cette édition est Seydi Demba, le Coordonnateur pour l’Afrique de l’Ouest de l’organisation internationale Publiez Ce Que Vous Payez.
Et pour ceux qui ont l’application Stitcher et iTunes ect
Si vous souhaitez recevoir cette production ou être média partenaires ou simplement contribuer, vous pouvez nous écrire à l’adresse Impô[email protected]
The following article is from the “Tax and Monopoly” October 2022 issue of the Tax Justice Focus, an online magazine that explores boundary-pushing ideas in tax justice and revolutionary solutions to the most pressing challenges of our time. Each edition features articles from prominent experts and academics from around the world. The “Tax and monopoly” issue is co-published with the Balanced Economy Project and Roosevelt Institute.
Concentrated control of large corporations has created vast fortunes over the last four decades and fueled the drive towards market domination. Here Niko Lusiani and Emily DiVito consider how the tax system could be used to shift incentives and broaden ownership beyond a handful of latterday robber barons.
Today large incumbent firms dominate industries across the United States – from meat to medicines, from finance to tech, from retail to telecoms. This historic turn away from a dynamic multi-player business sector to a stagnant private sector stunted under the shadow of a few mega-oligopolies has real consequences for people.
Corporate concentration extracts wealth from consumers and communities and directs it to entrenched corporate shareholders and executives. Excess market power raises prices for consumers, lowers wages and worsens jobs for workers, inhibits business dynamism, compromises supply chains, reduces the supply of goods, and exacerbates racial wealth inequality both for individual households and communities as a whole. Perhaps sensing all of this, the US public has more negative sentiment towards big business than at any other point in the last five decades.
While policy thinkers and makers have rightly focused on strengthening antitrust law and competition mechanisms – as well as on building out public options to compete with dominant private firms – tax policy remains overlooked both as a driver of current levels of market concentration, and as a possible tool to remedy this problem – as this special issue of Tax and Monopoly Focus illustrates. Complementing the corporate focus of other contributions, our contribution here explores what effect a wealth tax on individual US billionaires might have on excessive market power.
A wealth tax is, as the name suggests, a tax – thus far proposed as around 1–2% – on the underlying value of the stock of the assets that make up the vast majority of multimillionaire and billionaires’ holdings, including real estate, cash, stocks and bonds, and certain business assets. Seen as fundamentally fair and highly-targeted, the idea of a wealth tax generates broad public support across the political spectrum, and its popularity has helped garner momentum for progress on various ways to tax the ultrawealthy – perhaps best evidenced by how close a 2021 proposal by Chairman of the US Senate Finance Committee for a Billionaire’s Income Tax came to legislative passage. Distinct from a 1–2% tax on the stock of wealth, this ‘mark-to-market’ (M2M) proposal taxes the income that accumulates from wealth by levying an annual tax on the change in the value of a high-net worth individual’s stock, dividends, and other tradable assets – assets that largely go untaxed in the current US system until a realisation event, like a sale, occurs.
Both a wealth tax and a M2M tax are highly-progressive and the uber-wealthy, who escape paying their fair share under the status quo, would exclusively be the subjects of these taxes. Both of these sorts of wealth taxes are largely conceived with the main aim of redistribution and raising revenue to fund broad scale public investments and programs. This revenue-forward rationale has limited discussion about how a wealth tax would shape markets – and in particular the business decisions of those wealthy individuals subject to the tax.
Only America’s top billionaires would be paying these sorts of wealth tax. So, let’s start with some stylised facts on who these individuals are. Focusing for a moment just on the top 10 wealthiest Americans, the list contains familiar names: the titans of the information age – often simultaneously the founders, CEOs and Board Chairs of some of the globe’s most profitable firms topping the stock markets. These include Amazon, Microsoft, Facebook, Berkshire Hathaway, Google, Tesla. These are (almost universally) men who sit at the top of the corporate food chain, and are compensated accordingly. Together, these 10 individuals own over $1 trillion in wealth. Importantly here, their wealth is primarily held in the stock of the companies they control. According to our estimates using the Bloomberg Billionaire Index, over 60% of the wealth of the top 10 American billionaires is held in the equity shares of the companies they control. If we zoom out to the top 50 American billionaires, over 75% of their combined $2.2 trillion in wealth is equity held in corporations that these individuals sit at the top of.
But even that average belies the degree to which most of these people functionally control their businesses, and the wealth that these businesses create. Warren Buffet – Board Chair, CEO and the largest shareholder in Berkshire Hathaway – holds 99% of his wealth in his company’s stock. Mark Zuckerberg – who reigns over Meta – holds 95% of his wealth in company stock. And Jeff Bezos – no longer CEO but still Board Chair at Amazon – holds 83% of his wealth in Amazon equity, and a very powerful 10% controlling interest in the company as a whole. (An individual owning over 5% of shares in a firm is generally considered a ‘blockholder,’ with unique effective power over corporate decisionmaking.) Even Bill Gates – whose wealth is relatively more diversified and holds much less effective control over Microsoft – became one of the top wealthiest people in the US through his shares in the company while he was at its apex.
This is all to say that the central source of wealth for America’s top billionaires is the growth in the value of their corporate equity – which, not coincidentally, is in monopolistic firms facing intense antitrust scrutiny. In the US today, so it seems, control and beneficial ownership of the most dominant firms have once again fused in the form of manager-blockholders who are simultaneously CEO, Board Chair and largest shareholder.
It’s also perhaps not a coincidence that the managerial power of these corporate leaders (and the economic power and wealth that such managerial positions have produced) is correlated with the growth in the market power of the firms they control. While a number of factors contribute to stock appreciation, the most fundamental driver is real and expected earnings: that is, profitability projections. Companies with more market power have more opportunity to increase profitability into the future, and thus are valued higher by financial analysts and stock pickers. It should be little surprise then that the wealthiest billionaires derive their fortunes from their control over precisely the companies able to charge monopoly rents and whose business models rely on building ‘moats’ against competition by killing or swallowing potential challengers.
All else being equal, the larger the ownership stake of an individual Billionaire in their own company, the greater incentive they would have to increase firm value by capturing market share. Personal financial motives then align with the means of controlling the firm to present the opportunity to consolidate market power. That is, the personal financial motivations of America’s top billionaires come together with their means as central corporate decision-makers (as both ‘agent’ and ‘principal’ in many cases with little effective Board accountability) to use their leverage to extract economic rents through capturing market share and dominating competitors. It may just be precisely the ability of billionaires’ companies to capture rents (and thus hikeprofitability, thus share prices, and thus their personal wealth) which drive the decisionmaking of these corporate leaders.
In this context, then what effect, if any, would the introduction of a new tax on the wealth of these individuals have on the broader problem of concentrated market power in the US today? The effective taxation of the firms themselves would not change whatsoever, and all else being equal, the after-tax profits would not either – posing no direct effect on the rents derived from market concentration. It is only the tax liabilities of those individuals in control of the dominant firms that would change. But they would change – and substantially.
First, given how concentrated these billionaires’ wealth is in their companies, both a 2% wealth tax and a mark-to-market annual accrual tax would have a sizable effect on their tax liability, primarily through decreasing the amount of capital gains they would actually see from the appreciation of the stock they own. The higher the effective tax rate, then, the less incentive these individuals would have to make decisions that would ensure the companies they control – and have very concentrated financial stakes in – extract supernormal profits by exerting more and more market power.
This logic connects to recent research on top end income tax, which confirms that high top tax rates in the US previously were, in fact, useful in placing a brake on rent extraction among top earners, as the net benefit for highly-paid executives to continue to seek larger pay was blunted if not eradicated. It wasn’t until top rates dropped that these executives started bargaining more aggressively to hike their pay. Today’s top billionaires’ wealth does not amass from wage income but from the appreciation of their stock, hence their bargaining power over compensation plays out in their ability to manipulate or otherwise affect the stock price by, most especially, capturing excessive market share. A wealth or billionaire income tax then could be seen to decrease the net benefit of this form of rent-seeking, while the absence of said tax leaves the wealthiest with a very strong incentive to seek more returns through their control over their dominant firms.
In fact, those individuals who play simultaneous roles of CEO/Board Chair/ controlling shareholder – in particular in firms with high rents – have many more opportunities to set their own pay than traditional corporate management. This is because they have arguably more control over the levers of stock appreciation – levers which don’t pose a cost to the firm, other shareholders nor workers in the same way labor income does.
Second, a wealth tax may pose liquidity challenges for some of these US billionaires as their wealth is so concentrated in the stock of their own companies. They might be forced to sell some of their stock to come up with the cash to cover their tax liability. That could be thought of as a feature not a bug. Doing so would necessarily decrease their ownership stake and thus their relative control of these companies – thereby diversifying the equity ownership of those firms and making the stakes less concentrated in one individual. More diffuse ownership in dominant firms would not automatically reduce the incentives to capture market power, which is latent in large US businesses no matter the number of shareholders. Wrap-around antitrust rules and competing public options are still very much needed to reduce entrenched market power. That being said, more diffuse ownership would weaken the concentrated decision-making power of these manager-shareholders in key areas such as mergers and acquisitions strategy and executive compensation.
In sum, a wealth tax – given the specific characteristics of the ultra-wealthy in the US – would arguably work to disincentivise the hoarding of market power by decreasing the intensely concentrated personal returns of the individuals controlling the business strategies of some of the country’s most dominant firms. Importantly, in the US context in particular, more assertive antitrust enforcement is needed to break down the hoarding of market power by today’s dominant firms, diminish the economic power of today’s billionaires, and prevent further concentrated wealth accumulation into the future. While the market power effect of taxing the ultrawealthy in the US is necessarily tied up in the specific design choices brought to bear, the time has come to dig deeper into how a wealth tax could dent the personal financial incentives top Billionaires have to capture the rents that emerge from corporate consolidation.
This essay is derived from a forthcoming Roosevelt Institute Issue Brief. Many thanks to Ivan Cazarin for research assistance. Comments encouraged.
As Director of Corporate Power at the Roosevelt Institute, Niko Lusiani leads the think tank’s program to dissect and dismantle the ways in which extractive corporate behavior jeopardises workers, consumers, our natural environment, and our shared economic system.
Emily DiVito is Senior Program Manager for the Corporate Power program at the Roosevelt Institute. She supports the think tank’s work identifying, explaining, and advancing solutions for the problem of unchecked corporate power in today’s economy
The following article is from the “Tax and Monopoly” October 2022 issue of the Tax Justice Focus, an online magazine that explores boundary-pushing ideas in tax justice and revolutionary solutions to the most pressing challenges of our time. Each edition features articles from prominent experts and academics from around the world. The “Tax and monopoly” issue is co-published with the Balanced Economy Project and Roosevelt Institute.
As some companies reap outsize profits while consumers struggle to keep pace with inflation following the pandemic and Russia’s aggression against Ukraine, lawmakers around the world have been considering whether and how to respond.
In recent months, the UK approved a ‘windfall’ tax on oil and gas producers, US lawmakers proposed a tax on ‘super-normal’ profits under the rubric of a ‘Taxing Big Oil Profiteers Act’, and UN Secretary-General Guterres called for governments around the world to tax ‘excessive’ oil and gas profits. Meanwhile, global talks surrounding the tax affairs of large multinationals look to redistribute the ‘abnormal’, ‘non-routine’, and ‘residual’ profits among countries in furtherance of fairness goals.
In describing profits, are abnormal, excess, non-routine, super-normal, residual, and windfall just synonyms used to describe the same phenomenon? If so, what is that phenomenon? These terms are often used interchangeably, and they generally point to someone (usually a company) receiving an unexpected cash flow of some kind. In truth, there is no scientific way to distinguish precisely between normal or routine profits, on the one hand, and everything else, on the other. But the various terms for ‘everything else’ have distinct enough technical and social meanings that a terminology choice can influence the feasibility of a policy proposal. So it is worth understanding what people mean when they choose one of these terms to advance tax reform.
‘Normal’ and ‘Routine’
To understand what non-routine, excess, windfall (and so on) profit might be, it helps to start with the categories of income that distinguish them, namely, ‘normal’ or ‘routine’ profit. Are these the same thing? In an informal sense, they are. Both might be used to describe the return a competitive market would be expected to produce for an investment of labour or capital (or both).
A risk-averse investor might, for example, seek a relatively slow and steady gain of or 6% per year – a ‘normal’ return. When the market unexpectedly improves, the higher return appears other than normal (it may be short-lived or averaged out over time). For a company, a normal return might be described as the amount required to justify keeping the business going; in other words, to pay for requisite assets and employees.
A ‘routine’ profit might refer to the same phenomenon, but in a tax context it can refer particularly to the return on a specific activity performed in the context of a multinational enterprise. For example, an expert might explain that a routine prof it is what an independent (‘arm’s length’) service provider expects to earn by undertaking functions for another business, without taking on the other business’s broader risk.
Policymakers reflect these intuitions about what is normal or routine when they craft tax policy, including in the OECD’s two-part initiative to redistribute taxing rights in respect of highly digitalised companies (‘Pillar 1’), and to reduce tax competition for large multinationals with a global minimum tax regime (‘Pillar 2’). The language chosen conveys a sense that there is no political appetite for upsetting status quo rules around how countries tax (or not) normal profits. Only the proliferation of profits ‘beyond normal’ appear to justify tax reform.
The word ‘normal’ is also a core feature of excess profits surtaxes proposed in the wake of macroeconomically destabilizing events (such as pandemics and wars). In this context, normal profits can be determined in different ways. For instance, the ‘average earning’ approach considers the taxpayer’s average profit over a few years before the destabilizing events; the pre-existing tax rate applies to current profits up to that average, while the surtax applies to the excess. In contrast, the ‘invested capital’ approach designates a specified rate as ‘normal’ such that everything earned above that rate is treated as excess and subjected to the surtax.
The latter idea is seen in the OECD’s Pillar 2 framework, which (currently) effectively defines an 8% return on tangible assets and a 10% return on payroll costs as normal profits. Following this classification decision, national tax incentives that reduce or eliminate the tax on those profits are left alone, while the global minimum tax would apply only to returns in excess of the specified percentage.
Whether applied in the context of tax avoidance, tax competition, or a specific calamitous event, the animating idea here is that there is normal profit, and there is something beyond normal profit – and the tax system ought to respond differently to each category.
Beyond Normal
Beyond normal is a vast category. Within it, the terms excess, abnormal, windfall, supernormal, etc are often chosen to convey some underlying social or economic malaise.
But in a general sense, all the terms describe the same thing (even if different types of excess may have distinct economic origins): the recipient is benefiting from some form of market distortion. In the extreme, acompany that generates significant beyondnormal profits might have done so by gaining a monopolistic position; if so, regulators may have to step in more forcefully. Policymakers have to decide whether and how to react to various market distortions all the time, typically with insufficient information. In describing beyond-normal profits, the term ‘excess’ is the most ubiquitous, serving as a catch-all for abnormal, windfall, nonroutine, etc. Context matters: one term may be used to describe a common market imperfection – for example, residual profits often arise from intellectual property rights. Others are used to connote a bounty reaped from chance events (super-normal and windfall are typically deployed in this manner).
A non-windfall excess profit might be called ‘pure’ economic profit or ‘rent’. In brief, the owner (for example, a monopolist with significant and durable market power) has simply earned more than business viability requires. In theory, a perfectly competitive market will remove rent from the equation until everyone only receives normal returns. In reality, this never happens, and some economic rent is always available. But a windfall is distinct: all market participants reap advantages or disadvantages from sudden disruption, due to simple luck at the relevant time.
The question for policymakers is how to determine whether and when to respond to excess profits with a surtax. If a policymaker aims at excess profit and hits normal profit instead, they will worry about harming or chasing away productive economic activity. But if they aim correctly, a tax on pure windfalls can approach 100% without affecting investors’ future behavior.
A key challenge for policymakers is figuring out what the surtax will hit. Since an imperfectly designed surtax might induce investors to shift their profits around, and a perfectly targeted surtax might be easier for some countries to design than others, a global excess profits tax would likely be the most effective.
Summary
Abnormal, non-routine, super-normal, windfall, excess, and residual profits might all mean the same thing intuitively: profits that exceed what would be expected in perfectly competitive market conditions. There are different reasons why these ‘beyond normal’ profits arise, and there may be more and less politicised ways to measure what constitutes ‘normal’ and what constitutes ‘beyond’. The distinctions might matter because economic theory predicts different impacts on future investments. While experts will always seek precision, tax law is always as much about social and political maneuvering as scientific inquiry. As the world continues to navigate through crises of one kind and another, the niceties of precise rhetorical usage will likely matter less than overall public demand for reform.
Allison Christians is the H. Heward Stikeman Chair in Tax Law at McGill University in Montreal, where she writes and teaches national and international tax law and policy. Her latest book, with Laurens van Apeldoorn, is Tax Cooperation in an Unjust World (OUP 2021).
A longstanding issue in tax policymaking is the tendency to treat questions as technical ones to be solved by tax professionals, leaving any social justice concerns to be dealt with ‘politically’ elsewhere. In practice, this claimed political neutrality has yielded consistently regressive policies and left structural inequalities intact.
Carbon tax policymaking could easily repeat these failures. We need to provide truly transformative solutions which set out positions and policy coherence that halt more of the loss and damage that the most marginalised people live through.
Our world is faced with the existential threat of extinction. Right now hundreds of millions of people are broken by generational poverty, systemic and structural inequalities, their human rights denied, and their well being ignored. Tax justice has a powerful contribution to make and to change how this story ends.
Tax has a determinative impact on both the wellbeing of citizens and societies broadly through support of human development. It raises revenue and acts as a redistributive tool. In so doing, it has an important means to curb the severest effects of inequality and of realising human rights, and opens a means of reparation for the colonial legacies curtailing economic and social inequalities. It also enables a robust process of representation within society so that political inequalities can be overcome (for example, to ensure that wealthy elites are subject to effective, progressive taxation).
We are recruiting two posts to strengthen our work on climate justice and to further build human rights evidence to bring about a radical change through our research and international advocacy. These posts will contribute to a body of work across the social justice movement which attempts to shut the door on regressive solutions and on continued extraction. We want to investigate and propose a path forward where the pivotal role of tax tilts towards greater equality and rights, and mitigates against environmental loss and damage.
The focus of one post is to deliver peer reviewed research in in order to establish the technical feasibility of measures that address the dual crises jointly of climate and inequalities. The post also must advocate to ensure detailed consideration and understanding of the economic and social impact of carbon pricing proposals on inequalities, both within and between countries.
The focus of the second post is threefold: to serve as a continuation of work to build evidence and jurisprudence within United Nations legal framework treaty bodies; to support the work undertaken by Independent Experts and Special Rapporteurs; and to establish the central human rights and tax justice arguments for urgent tax policy reform. Both posts will use differing approaches to build a powerful narrative and build policy maker awareness of the political costs of failing to act.
The following article is from the “Tax and Monopoly” October 2022 issue of the Tax Justice Focus, an online magazine that explores boundary-pushing ideas in tax justice and revolutionary solutions to the most pressing challenges of our time. Each edition features articles from prominent experts and academics from around the world. The “Tax and monopoly” issue is co-published with the Balanced Economy Project and Roosevelt Institute.
For too long policymakers have failed to distinguish between productive profits and rents derived from market concentration and the control of scarce resources. A revived anti-monopoly movement must make full use of this difference to ensure that taxes encourage investment while eliminating rent-extraction as a business model.
Open and competitive markets are good for the economy, for business, and for consumers. To compete, companies must invest, innovate, be productive, and offer lower-cost, better quality products to customers. Fear that a competitor will bring out a newer or cheaper product keeps companies on their toes.
The most successful companies enjoy modest profits because the rest are competed away. Or so says the orthodoxy.
The problem
This idealised world does not exist outside economics textbooks, however. To the extent that real markets resemble the ideal, they do so as a result of state intervention. Left to themselves, market forces will often tend towards monopoly and the capture of value through the extraction of what economists call ‘rents’ – or unearned profits. The task of policymakers is to protect the level playing field while confronting corporate power when it seeks to escape from competitive forces. Economist Adam Smith recognised this very problem, observing that a truly free market would require an active government to guard against anti-competitive behaviour. Firms can earn productive profits (e.g., due to past investment, risk-taking or innovation,) and they can also receive rents, the fruits of uncompetitive behaviour. Distinguishing these two is critical.
All markets suffer concentration or monopolisation, to a lesser or greater degree. In some areas, called natural monopolies, competition is all but impossible. Take, for example, a railway between two cities: it makes no sense for a competitor to build a duplicate railway next to it, before they can compete. But monopolisation happens in less obvious areas: for example, the ‘network effects ’enjoyed by tech giants like Google; control over scarce resources like oil; or where companies lobby to create high ‘barriers to entry’ to competitors. The negative effects of such market power can include higher prices, sluggish innovation, and as economists such as Jan Eeckhout have shown, economy-wide lowering of wages. The critical distinction, when looking at corporations, is therefore between profits that are generated by firms in exchange for the goods they sell and the services they provide (‘productive profits’), and the profits they generate simply because of their size or their market power. Economists tend to call the latter ‘rents’.
One of the best ways to understand market concentration is to look at rates of profit. In an open and competitive market, profits should tend towards zero as firms undercut each other. As sectors move away from perfect competition, firms can use their market power to charge higher prices, and profits (or ‘mark-ups’) tend to rise. There are some exceptions to this, for example what may appear as unearned profits may in fact be the return on past investment, competition, risk-taking or innovation – so called Schumpeterian rents.
Brett Christophers argues that rent-seeking is particularly stark in 21st century Britain: ‘the leading corporations are largely rentiers, and the biggest sectors of the economy are largely characterised by rentier dynamics’. Today, for instance, six energy companies hare 83% of the retail gas market, four broadband companies supply over 85% of broadband customers, and four banks have 64% of retail bank accounts. The UK Competition and Markets Authority (CMA) also observe ‘a marked increase in concentration [and profitability] in the years after the 2008 financial crisis’. This may help explain the UK’s chronic underinvestment in capital compared to other OECD countries. The pandemic has made matters worse: just six US tech firms added over $4 trillion to their market value since the pandemic began. For UK-listed firms since the pandemic, profits were up 34% at the end of 2021, with 90% of this increase accounted for by only 25 companies that largely operate in concentrated sectors.
Solutions
So, what can we do? And what is the specific role of taxation?
There are no magic bullets: to confront monopoly or market power needs policymakers and regulators to act in coordination and use a range of tools, as the Biden administration recognised last year with a new cross-government antitrust agenda.
The most powerful tool to re-shape the economy, potentially, is re-invigorated competition policy (or, to use the US term, antitrust). But the tax system can be exceptionally powerful tool both as a shaper of the economy – by applying different tax rates to extractive versus productive activities to re-balance economic activity – and as a redistributor of unearned rents. It’s on this that we focus in what follows.
Corporate tax
The past decade has seen a race to the bottom on headline corporate tax rates, across developed economies and beyond. In the UK, the headline rate has fallen from 30% to 19% today. Politicians have claimed that this boosts investment – a laudable aim, but tax cuts have not achieved it. Slashing rates by over a third has not remedied the UK’s low investment problem. We argue that other factors are driving the UK’s low investment — potentially including widespread rentierism. Many economists argue that the optimal rate of corporate tax is likely to be much higher than the current average global rate. Corporation tax rate is not the only, or even the principal, factor in firms’ decisions about where to locate, even where they are relatively mobile. Rather, firms invest when they can see future growth and profit opportunities. This is better addressed through broad industrial policy. IPPR has previously called for UK corporation tax rates to rise to 25–30%.
Recent agreements at the G7 and OECD on a global minimum corporation tax rate at 15%, and tools to recoup tax revenues internationally if tax havens cut their headline rates below this level, will potentially end this race to the bottom. Far better than a race to the bottom is ‘upwards competition’ on broader policies that make the UK an attractive investment destination: to create sound infrastructure, a well-trained and skilled workforce, thriving research and development, and rising productivity.
Headline corporation tax is levied on all profits, so does not distinguish between ‘productive profits’ and rents from market power. It is possible, however, to alter the effective rate that different firms pay, via a system of allowances or tax exemptions that benefit productive firms over rentiers.
The design of tax reliefs or exemptions matters as deductions that are set too high, or are too complex, will erode the tax base without countervailing positive economic effects. Badly designed tax reliefs can be less effective – and less transparent – than public spending of equivalent cost. Yet there can be good economic arguments for well designed reliefs and exemptions as part of an economy-shaping tax system to steer corporate behaviour towards desirable outcomes. Investment allowances, for example, are widely supported to encourage companies to invest their profits. The UK recently created a temporary investment deduction at a generous 130%.
Windfall taxes and beyond: excess profits tax
Separate from the headline rates of corporation tax levied on all profits, a country can also directly tax windfall profits (which we define as profits reaped from sudden, extreme price changes in products or commodities outside firms’ control). For example, global gas prices have spiked following the Russian invasion of Ukraine, massively increasing the profits of fossil-fuel firms. These firms have distributed these enormous windfalls to their share holders via record-breaking dividends and share buybacks. The UK, Italy and other countries have responded by levying a windfall tax on energy producers/fossil-fuel extractors, and redistributing these to support struggling consumers. This is legitimate redistribution, and it also curbs these profits by firms with market power that can monopolise windfall returns. It is no coincidence that, more broadly, windfall returns tend to be made in highly concentrated sectors: oil and gas extraction, tobacco, and mining and mineral extraction
Yet, as discussed above, returns to firms with significant market power are not just in monopolising windfalls. Without competition, firms can reap excess profits on an ongoing basis. These profits are clearly unearned, at the expense of the wider economy and consumers, so excess profits that are not just windfall profits should be taxed, to disincentivise rentier activity and redistribute its unearned gains.
To make this happen, policymakers must first establish a toolkit to determine which firms operate in environments of significant market power, and to quantify the magnitude of the returns on that power. An emerging community of economists on both sides of the Atlantic is now studying this problem and developing novel solutions.
The final way of taxing economic rents is to focus on the ways in which they return to, and further enrich, (already wealthy) shareholders, widening economic inequality. Share buy-backs, for instance, are anathema to a productive and competitive market: they are symptomatic of firms that can identify no further investment opportunities beyond artificially boosting their own stock market price. Companies like BP and Shell, for example, have paid out record sums to shareholders at the expense of under-investing in clean, renewable energy technologies. The Biden administration’s landmark Inflation Reduction Act includes provisions to tax share buy-backs at 1%, an initiative that should be replicated internationally, and – in time – at an increased rate.
Other economists have proposed novel methods of taxing firms’ market capitalisation as an easily-implemented proxy for wealth taxation which should be considered by policymakers.15 These approaches are attempting to achieve the same objectives as an excess profits tax but levied on a different tax base, and so to some extent are substitutes for each other.
Corporate Power and Competition Policy
Taxes alone can never fully resolve market concentration and monopoly. It is simply not enough to bemoan low investment and innovation across modern economies – we must recognise that there are firms and sectors that benefit and profit from stagnation. Their power must be confronted directly. There will always be a role for pro-active competition or antitrust policy, which will need to change over time as new technologies open markets that may be particularly prone to market concentration. This is particularly important during periods of high inflation when monopolistic firms may take advantage of broad price rises to increase their markups.
We have proposed that the UK’s CMA should launch pre-emptive investigations into the potential for excess profits in the most concentrated sectors of the economy. In Germany, the government has already suggested ways to tighten competition enforcement in sectors perceived to be unfairly profiting from the current situation.
In the US, the Biden administration is embarking on an ambitious programme of anti-trust policy that combines a broader conception of competition with more rigorous enforcement. Similarly, the UK’s CMA should broaden its conception of market power which is currently focussed too narrowly on prices. IPPR has previously called for the CMA to consider the interests of consumers, suppliers, entrepreneurs, taxpayers, workers and the broader value of innovation in order to promote and protect the public interest.17 A review of the CMA’s powers and decision-making principles could determine whether market share thresholds for regulatory action should be set, whether regulatory tools to address vertical integration and price discrimination should be strengthened, and whether competition policy should have an a priori objective to limit market power by limiting market concentration.
If we truly want to shape our economies for the better, it is high time that we concentrate on the division in our economy between productive profits and rent extraction that costs us all. This has been neglected for too long, but the effects of the pandemic and the current global inflationary crisis highlight this. Taxation is both a way to confront rent extraction and an important tool to redistribute rents.
George Dibb is head of the Centre for Economic Justice at the Institute for Public Policy Research (IPPR), the UK’s leading progressive thinktank. George leads IPPR’s work on economic policy and is based in Westminster. With a background in science and innovation, George’s interests include economy-shaping industrial strategy, research and development, sustainability, and climate change.
The following article is from the “Tax and Monopoly” October 2022 issue of the Tax Justice Focus, an online magazine that explores boundary-pushing ideas in tax justice and revolutionary solutions to the most pressing challenges of our time. Each edition features articles from prominent experts and academics from around the world. The “Tax and monopoly” issue is co-published with the Balanced Economy Project and Roosevelt Institute.
Corporate income tax in the United States was originally introduced as an antitrust measure. A steeply progressive version of the same tax would reduce the economic and political power of monopolists and reintroduce competition in an economy increasingly burdened by rent extraction.
When the United States enacted its first corporate income tax in 1909, the main purpose was to regulate corporate power, especially that of the major monopolies such as J.P. Morgan’s US Steel and John D. Rockefeller’s standard Oil. The corporate tax was part of the same antitrust campaign that culminated in 1911 with the Supreme Court ordering the breakup of Standard Oil. Because the purpose of the tax was to regulate rather than to raise revenue or redistribute income, the initial corporate tax rate was a flat 1%. The point was to force corporations to disclose their business activity and therefore make them easier to regulate through antitrust enforcement. In addition, corporate tax returns were to be public, to expose their immense profitability to the voters.
Corporate lobbying soon eliminated the publicity of corporate tax returns, but the corporate tax itself proved more resilient. During World War I, income tax rates were raised dramatically to finance the war effort, and this included the corporate tax rate, which was raised to 12%. In addition, from 1917 onward a series of excess profits and war profits taxes were imposed on corporations that profited from the war. The war profits tax was levied on corporate profits above a three-year pre-war average, and its top rate could be as high as 80%. Similar excess profit or windfall profit taxes were enacted in other belligerent countries like the United Kingdom, France, and Germany. The same type of excess profits tax was used by the US during World War II with rates as high as 95% (but the overall combined regular corporate tax and excess profits tax could not be higher than 80%), and this tax was retained until the Korean War in the 1950s.
During the 1930s, the Roosevelt administration decided to use the corporate tax to curb the power of corporations permanently. In addition to other reforms (e.g., breaking up ‘pyramid’ structures that enabled the ultra-rich to control public corporations like utilities) the administration proposed a permanent ‘surtax’ on retained earnings and a reduced tax on dividends (to encourage distributions that would reduce the power of corporate management). This proposal was defeated, but Congress eventually adopted a progressive corporate tax up to 53%, and corporate tax rates were progressive from 1936 until 2017. The tax brackets and rates for 1942-1945, for example, were 25% for the first $5,000, 27% for the next $15,000, 29% for the next $5,000, 53% for the next $25,000, and 40% for income above $50,000. These relatively high rates were only reduced gradually in the following decades. Before 1986, the top corporate rate was 46%. After the tax reform of 1986, the highest corporate rate was cut to 35%, and the brackets from 1993 to 2017 were 15% for the first $50,000, 25% up to $75,000, 34% up to $100,000, and a flat 35% for income above $100,000.
The corporate rate structure remained progressive in the US until 2017. However, the brackets were not adjusted for inflation, so that by 1993 the top rate of 35% was reached at $100,000- a large sum in the 1930s, but a pittance for corporations in the 1990s, so effectively it was pretty much all taxed at the top rate, and its progressive nature was rather hidden. Moreover, the major difference between the post 1986 rate structure and earlier rate structures was that from 1987 on the corporate tax was imposed almost entirely on large, publicly traded corporations, so that almost all taxable corporations were subject to the flat 35% rate. In the 2017 tax reform, progressive rates were formally abandoned, and the corporate tax became a flat 21%, where it remains today.
There is, however, a strong case to be made for reviving progressive corporate taxation, with more meaningful tax brackets. If the main reason to have a corporate tax is to tax rents and limit monopolies, then the effective tax rate on normal corporate profits should be zero. But on monopolistic returns, the tax should be progressive, with a very high tax rate (e.g., 80%) for profits above a very high threshold (e.g., $10 billion).
Normal Returns
There is no reason to tax corporations on normal returns. Normal returns are the risk-free return from investing in assets like US Treasuries. In recent years, these returns have been quite low, but they have historically been higher. However, from the point of view of only applying the corporate tax to monopoly rents, these returns should be exempt. In addition, there is the uncertainty about the incidence of the corporate tax (i.e. who bears the economic burden of the tax), which suggests that a tax on normal returns is less likely to contribute to the progressivity of the system. Finally, any inefficiency from the corporate tax arises from the tax on normal returns since a tax on pure rents does not generate ‘deadweight loss.’ Deadweight loss is a term economists use for the difference between the revenue a tax raises and the decline in the taxpayer’s welfare caused by a change in taxpayer behavior due to the tax. A tax on rents does not change taxpayer behavior since taxpayers not subject to any competition would derive net profit from rents even if 99% of them were taxed away.
Since from a political perspective a zerotax rate on normal returns is unlikely to pass, and since it is hard to determine what normal returns are, I would suggest that we allow for permanent expensing (i.e., immediate deduction) of corporate capital expenditures (such as building a new factory). Such expensing is equivalent to an exemption for the normal return to capital.
Super-normal Returns (Rents)
Economists are almost unanimous in supporting a tax on rents since (a) it does not influence corporate behavior and is therefore efficient, and (b) it falls on capital and is therefore progressive. Above the exemption resulting from expensing, the corporate tax should be sharply progressive. The reason to have a progressive tax on rents is that in addition to targeting rents, we also want to discourage bigness, which is equivalent to monopoly or quasi-monopoly status. The less competition a business firm faces, the more profitable it is likely to be, because competition generally drives down prices. That is why the most monopolistic firms are also the most profitable, and why they engage in behaviors like ‘killer acquisitions’ designed to eliminate competition.
At the top, the corporate tax rate should be 80% for income above $10 billion, like the excess profit taxes of the two world wars. In 2019, this rate would have applied to the Big Tech: Amazon ($10.1 billion), Apple ($59.5 billion), Facebook ($22.1 billion), Google ($30.7 billion), and Microsoft ($16.6 billion). Other corporations that had profits over $10 billion in 2019 include other major tech companies (Intel, Micron), Big Banks (Chase, Bank of America, Wells Fargo, Citi, Goldman Sachs, Visa), Big Pharma (Pfizer), Big Oil (Exxon, Chevron), Big Telecoms (AT&T, Verizon, Broadcom), United Health, Boeing, and some major consumer brands (Johnson & Johnson, Home Depot, Disney, Pepsi). All of those enjoy some degree of monopolistic or quasi-monopolistic status.
Such a high tax rate may persuade the corporations subject to it to split up. Splitting up corporations to reduce their profits and therefore escape the 80% tax rate is a feature of the proposal and not a bug: as FTC commissioner Lina Khan and others have proposed, we should ideally want to induce Big Tech to divest their anticompetitive acquisitions (e.g., Facebook’s acquisitions of Instagram and WhatsApp). And if the tax structure also motivates an actual break-up of the core business (e.g., along geographic or business segment lines), any loss in efficiency would be more than compensated by the removal of the threat to democracy posed by Big Tech.
Reuven Avi-Yonah is the Irwin I. Cohn Professor of Law at the University of Michigan, where he teaches individual, corporate, and international taxation. He has published over 300 books and articles on various areas of tax law including several recent publications on the relationship between the US corporate tax and antitrust.
The following article is from the “Tax and Monopoly” October 2022 issue of the Tax Justice Focus, an online magazine that explores boundary-pushing ideas in tax justice and revolutionary solutions to the most pressing challenges of our time. Each edition features articles from prominent experts and academics from around the world. The “Tax and monopoly” issue is co-published with the Balanced Economy Project and Roosevelt Institute.
For decades the United States’ tax system has favoured large corporates over locally embedded and competitive firms. The resulting social and economic costs of monopoly are artefacts of the political process and can be reversed by government action.
When Jeff Bezos launched Amazon in 1995, he made securing government favours a core part of his strategy. Chief among these were lucrative tax advantages largely unavailable to his competitors, especially small independent businesses. This disparate tax treatment gave Amazon a pivotal early edge over rivals in the online market. And it’s continued to finance Amazon’s dominance ever since, supplying billions of dollars in free cash flow that the tech giant has used to fund predatory pricing (systematically selling key goods and services below cost, to monopolise markets) and acquisitions designed to thwart competition.
The opening salvo for Bezos’s tax strategy was locating Amazon’s first headquarters in Washington, instead of California, to avoid sales tax in a populous state. As Bezos explained in 1996, ‘It had to be in a small state. In he mail-order business, you must charge sales tax to customers who live in any state where you have a business presence…We thought about the Bay Area, which is the single best source for technical talent. But it didn’t pass the mall-state test.’
No matter how hard brick-and-mortar retailers competed with Amazon they were hamstrung by the sales taxes they had to collect from their customers. This tax disparity was due to a 1992 US Supreme Court ruling that blocked states from imposing sales tax collection on retailers that lacked ‘nexus’, or a physical presence, in the state. Independent booksellers, later joined by the big chains, campaigned vigorously for Congress to level the playing field, but time and again, Amazon’s lobbyists defeated their efforts.
How much did this tax rule bolster Amazon? A 2014 study of credit card transactions found that, when a state extended sales tax to Amazon (because it had opened an in-state office or warehouse), households significantly reduced their spending with the tech giant, particularly for high-priced items.
More telling evidence can be found in the extraordinary lengths Amazon took to preserve this tax advantage. Amazon had employees carry fake business cards to ensure their presence in a state would not trigger nexus. In Texas, Amazon concealed that it was operating a warehouse from state tax officials. When the state sued for $269 million in back taxes, Amazon threatened to shut down the facility. The state cancelled the tax bill. In South Carolina, Amazon made a deal with the governor to remain sales tax free despite building warehouses in the state. When the state legislature protested, Amazon halted construction until lawmakers backed down.
From sales tax-dodging to development subsidies and beyond
As Amazon’s logistics growth accelerated, it began building more warehouses in more places, which made it harder to sidestep sales tax.
In 2012, Amazon pivoted to a new strategy for getting the public to finance the company’s growth: development subsidies. As of July 2022, Amazon has been awarded at least $4.8 billion in local subsidies to help it undercut its competitors and fund its expansion.
Amazon has also skirted corporate income taxes in both the US and Europe by establishing a labyrinth of shell companies, which transfer profits to subsidiaries based in Luxembourg, a lucrative tax haven. In 2021, Amazon’s European operations generated 51 billion Euros in sales, but paid no income taxes. The European Commission has challenged Luxembourg’s tax arrangements with Amazon as a form of “illegal state aid” that violates competition policy by favouring one company over others.
However, the Commission has yet to make an effective case to the courts. Meanwhile, in the US, Amazon paid just 6% in federal corporate income tax on $35 billion in reported profits, meaning it avoided paying over $5 billion into federal coffers, according to the Institute on Taxation and Economic Policy.
Through their inaction policymakers have gifted Amazon billions of dollars, giving it a major advantage over smaller competitors that must shoulder fuller tax obligations. They’ve also provided a crucial source of funding for Amazon’s predatory pricing schemes, enabling it to sell below cost to capsize competitors and lock-in online shoppers.
More recently, Amazon has used its prodigious subsidy-enhanced cash flow to acquire other companies, taking over pivotal technologies to cement its dominance of cloud computing, while buying its way into new industries with a string of acquisitions in groceries, health care, entertainment, and more.
A Tax Code to Consolidate Corporate Power
Amazon’s strategy offers a road map of how to harness the tax system to build a monopoly. But most of the giant corporations that now dominate their industries owe their market power in part to government handouts and tax favours. For decades, local and federal US policymakers have systematically structured the tax system to fuel the concentration of corporate power, at the expense of small businesses, workers, communities, and the economy as a whole.
At every level the tax system works to concentrate economic power and disadvantage small businesses. Take tax shelters, for example. We know US based multinationals – not just Amazon – deploy elaborate schemes to hide their federal and state tax obligations in places like Luxembourg and the Cayman Islands. But they also do this on US soil. Companies operating in multiple US states shield much of their income from state taxes by transferring in-state revenue as a payment (for rent or use of trademark, for example) to subsidiaries in states that don’t tax corporate income, like Delaware or South Dakota. This maneuvering is not an option for most small, independent businesses, who don’t have a fleet of tax attorneys on their payroll to set up out-of-state subsidiaries.
Local development incentives are another example. Corporations get almost all of the $65 billion to $90 billion a year that cities and states spend on tax breaks, economic development incentives, and other subsidies. In a 2015 study of 4,200 economic development incentive awards in 14 states, Good Jobs First found that large companies collected between 80 and 96% of the dollar value of the funds they analysed. Research indicates that these incentives generally don’t pay off, often failing to increase overall employment while saddling communities with new infrastructure costs. Many of these deals do not provide a boost to the local economy, but rather undermine the small, independent businesses that are excluded from these tax breaks and incentives and left to finance their own expansion.
Many states have also allowed big corporations to systematically contest their property tax bills. Walmart and other large retailers have paid lawyers to implement a dubious ‘dark store’ theory of value, challenging the valuations of thousands of their stores in multiple states on the basis that their properties would be nearly worthless if they were empty. This strategy – used against communities across the US – involves upfront legal costs that large corporations, because of their scale, can easily absorb and are far outweighed by the payout. They have managed to sharply cut their tax bills, which has led directly to funding cuts for local schools, libraries, and other services.
Small is beautiful
Research shows that small, independent businesses often outperform in key ways. Small banks are better at making productive community-based lending and were much more effective at distributing federal relief loans during the pandemic to independent businesses, for example. Small companies produce 13 times more patents per employee than large companies, and those patents tend to generate better industry impact and growth. The tax code and system of big-corporate handouts are sapping innovation, quality, and local resilience.
When we lose small businesses, we don’t just lose the innovations. A spate of new economic research shows that the high corporate consolidation we’re seeing across different industries is a main driver of declining real wages and job losses. A Harvard Law Review study calculates that a 2018 median US annual wage of $30,500 would be about a third higher – $41,000 – if it weren’t for monopsony concentration. Corporate dominance over our supply chains has also helped make them brittle, and opportunistic price gouging by megacorporations is a primary driver of the recent surge in inflation. Small businesses are integral to healthy communities and our democracy. As locally owned businesses disappear, communities of all kinds lose their sense of social connectedness and collective agency. Industrial agriculture, for example, has devastated rural communities in the US and is linked to higher rates of crime and declining social cohesion. When retail chains like Walmart dominate the local economy, they undermine civic participation and social capital. Monopolies of all kinds disproportionately harm Black and Brown communities. Fossil fuel conglomerates and the big electric utilities have hindered our ability to address climate change. Amazon and Comcast exert so much power over our political system that efforts to help our society are continually crushed by powerful lobbying efforts. On the other hand, small businesses disaggregate economic power, create a more equitable distribution of income and wealth, and nurture democracy by fostering community self-determination.
An Antimonopoly Tax Agenda: Politics and Policy
If pro-monopoly tax policy is bad economics, it’s even worse politics for progressives. Although long forgotten today, the Democratic Party once counted small business as a key constituency alongside workers, and steadfastly fought for their rights and welfare. This helped win New Deal programs that secured, in the words of FDR, “economic freedom for the wage earner and the farmer and the smallbusiness man.”
But in the 1970s and 1980s, an ascendent faction of Democrats abandoned their party’s concern about concentrated economic power, and many liberals began distancing themselves from both labor and small business. This created a vacuum for the US Chamber of Commerce, which used small businesses’ frustration and lack of a political home to drive a right-wing agenda.
If US progressives advance an antimonopoly tax agenda, they can recover a populist politics, which would help them compete in rural areas and swing states, drawing in voters who are yearning for a fairer, more equitable economy. Stronger tax and spending policies, at every level of government, is an essential spoke on the wheel of strong antimonopoly reform. When our tax system is built to foster fairness and justice in addition to vitality and economic growth, it can help to restructure economic power and more broadly distribute and boost prosperity.
Small business should be at the centre of an antimonopoly tax agenda. Yet it’s rarely brought under the tent of rebuilding our tax system to be fairer, despite that it is inherently good for small business – and small business is so good for a robust, resilient, vital economy. That means designing policies that close monopoly tax loopholes – in part, to eliminate global and state tax shelters – and redistribute tax obligations to level the playing field for small business and curtail corporate concentration. It also means helping small business rebuild from the damage done by providing targeted support for smaller competitors.
Combatting monopoly power is not only a matter of reinvigorating antitrust policy. We must also address the many ways in which neoliberal policymaking has favoured corporate consolidation at the expense of local economies. Using tax policy to foster fair competition and decentralise economic power should be high on this list.
Antimonopoly Tax Reform: Policy examples
Implement a Progressive Corporate Tax Rate
One potent antimonopoly tax reform measure would be a progressive corporate tax rate. As Reuven S. Avi-Yonah argues in this issue of Tax and Monopoly Focus, the primary reason we need a corporate tax is to limit the ‘power and regulate the behavior of our largest corporations,’ which is the same reason the US first adopted the corporate tax in Instead of a flat tax, he proposes that the tax should be 0 for normal returns that reflect fair markets and increase sharply to target the high profits indicative of monopoly rents.
Raise Taxes on Shareholder Payouts
We need to more fairly tax where the bulk of profits of megacorporations go — shareholders. Shareholder payouts in the form of stock dividends and share repurchases are taxed at a lower rate than workers’ income tax. The tax preference for capital should be eliminated and these different forms of income treated as equivalent by the tax code. It is also important to unlock these tax revenues on a more timely basis, as the current system fails to impose a tax until the stock is realised. A mark-to-market capital gains system could release this revenue annually. (As a side note: The Inflation Reduction Act, enacted into law in August 2022, imposes a 1% excise tax on some repurchases of corporate stock by publicly traded companies. While the tax provides a clear legislative signal that stock buybacks are problematic, progressive analysts generally agree it is not enough. In fact, economists William Lazonick and Lenore Palladino argue stock buybacks should be banned altogether.)
Adopt Worldwide Combined Reporting to Close State and Federal Tax Loopholes
A simple way for states to address tax dodging is to implement a ‘Worldwide Combined Reporting’ system, which requires companies to report their total global profits and pay a tax on the portion of those profits produced in a given state. For example, if 5% of a company’s global business occurs in Montana, then Montana’s corporate tax rate would apply to 5% of the company’s taxable profit. Only a few states – Idaho, Montana, and North Dakota – currently utilize worldwide combined reporting, which ensures transparency on large companies, levels the competitive playing field for independent businesses, and can help generate public revenue. Meanwhile, twenty-eight states and Washington, D.C. have adopted ‘water’s-edge’ combined reporting only, which applies the same principles but excludes affiliates of the conglomerate that are incorporated outside of the United States or that conduct most of their business outside the US implementing worldwide combined reporting – at the state and federal level – would buttress the current reporting system by building and synthesising transparency on the full extent of multinational corporations’ tax liabilities.
Close the Dark Store Tax Loophole
States should adopt legislation clarifying how tax assessors determine the property value of big-box stores. The dark store tactic has not only deprived local governments of billions in revenue, but it has also forced local businesses and residents to pay higher taxes to maintain services. States can address this with a simple clarification that modern retail buildings must be valued based on their current operations and not on a theoretical future in which they are decrepit.
Stop Subsidising Corporations and Invest in Small Business
Instead of giving subsidy deals to corporations that are channeling their profits to Wall Street, local municipalities and states can use those funds to circulate dollars locally and drive long-term growth For example, local governments can invest in real estate for commercial use and public goods like high-speed fiber networks, and provide carefully targeted loans to Black and Brown entrepreneurs to close the racial entrepreneurship gap.
Stacy Mitchell is co-director of the Institute for Local Self-Reliance and directs its Independent Business Initiative, which produces research and analysis, and partners with a broad range of allies to design and implement policies to reverse corporate concentration and strengthen local economies.
Susan Holmberg is a political economist and the Senior Editor and researcher of the Independent Business Initiative at the Institute for Local Self-Reliance. She writes on corporate power and inequality.
The following article is from the “Tax and Monopoly” October 2022 issue of the Tax Justice Focus, an online magazine that explores boundary-pushing ideas in tax justice and revolutionary solutions to the most pressing challenges of our time. Each edition features articles from prominent experts and academics from around the world. The “Tax and monopoly” issue is co-published with the Balanced Economy Project and Roosevelt Institute.
Monopolists and rentseekers have been running rings round the democratic fiscal state for decades. It is obvious to everyone that the game is rigged. But we still have a few more rolls of the dice. Let’s use them wisely.
The earliest known version of Monopoly, called The Landlord’s Game, was designed by an American women’s rights and anti- monopoly advocate, Elizabeth Magie, in 1902. She invented the game to illustrate the economic consequences of rent-seeking and the value of wealth taxation to discourage large agglomerations of economic power.
The instructions included a graduated tax table, with increasing marginal rates depending on property/wealth, and the funds went back to pay for basic necessities of all the players. In this first version of the Monopoly game, everyone won when the poorest player doubled their original stake. Compare that to today’s rules of the Monopoly game, where the goal of the game is financial domination. Paying income taxes is purely bad luck, and when you are forced to contribute, the proceeds just go back to the bank – helping no one.
Elizabeth Magie’s The Landlord’s Game (1902).
Different eras, different rules of the game, very different conceptions of the role and the value of taxing entities with excessive market power.We begin this issue of Tax and Monopoly Focus with this bit of folk wisdom to show not just how far back the relationship between tax policy and anti- monopoly goes in the public conscience, but also to illustrate that the current tax rules – which exacerbate corporate consolidation – are not natural or necessary. They are in fact long due for a rethink and a re-write.
Before jumping into this rethinking, we might well start with some of the ways in which current tax rules incentivise and otherwise actively subsidise the growth of corporate oligopolies.
First, current international tax rules and the presence of tax havens work to boost after- tax profits for globally-integrated large firms. Smaller domestic competitors who cannot engage in the same sort of regulatory arbitrage are at a structural disadvantage.
The mere size and complexity of large, global corporate structures with many subsidiaries worldwide allow these entities to befuddle tax auditors and essentially prevent equal enforcement of tax laws. This is frustrating enough for richer countries: just think how much harder it is for revenue authorities in lower-income countries. Simply put, the more complicated the corporate structure, the less enforceable the tax code is. The bigger you get, the less likely you’ll have to pay tax.
Second, and relatedly, the tax code and its enforcement are particularly vulnerable to lobbying by concentrated special interests, such as incumbent corporate oligopolies. Again, this is troubling enough in wealthy nations; lower-income countries are even more susceptible. Indeed, the more profitable and more incumbent a corporation becomes, the more is at stake in the formation and enforcement of tax policy. Lobbying for lower taxes may indeed be inefficient economically, as Professor Philippon has argued,2 but changing tax laws and how they are enforced becomes a premium when a corporation becomes a highly-profitable incumbent.
Third, the flat corporate income tax rate – as it exists today in the US – is facially neutral between small and large firms. But given the exorbitant tax privileges large, incumbent firms have in practice, a statutorily flat rate in reality means a much lower effective rate for larger, global firms compared to smaller, domestic ones. Given all the other tax advantages of bigness, this de jure equal treatment creates defacto advantages for large, incumbent firms. Further, by taxing the first dollar of firm profit the same as excessive profits gained from rent-seeking, a flat rate effectively incentivises super-normal rent-seeking by dominant firms.
Fourth, unlimited corporate interest deductions (until recently in the US, and this is still being battled in the EU) allow for highly-leveraged buyouts that wouldn’t be done without such tax deductions.
Finally, the US Federal tax code for over a century has subsidised many merger and acquisition (M&A) deals via what’s called a tax-free reorganisation, which allows sellers to defer (sometimes indefinitely) the gain from their sale to avoid tax liabilities.3 This implicit subsidy incentivises corporate consolidation, with little if any redeeming economic or societal value.
In Udo Kepler’s 1911 cartoon William Taft wonders why his Attorney General George Wickersham can’t keep the monopolists from springing back every time he hits them with the Sherman Act.
Just as today’s tax system contributes to corporate consolidation, so then too can our tax policies help restructure the economy to disrupt concentrated economic power and drive a more dynamic, multi- player economy. This special edition collects five timely contributions which help to diagnose the role our tax code can have to deconstruct and deter excessive market power as a complement to a more assertive anti-monopoly agenda.
Susan Holmberg and Stacy Mitchell brilliantly chronicle Amazon’s tax break-financed rise to retail dominance, a vivid illustration of how a broken tax system has helped spawn a 21st century monopoly.
Reuven Avi- Yonah’s proposal of a steeply progressive corporate income tax rate to tax away excessive profits, as well as George Dibb’s critical eye toward taxing rents, would both help ameliorate the functionally unequal tax treatment between large and small firms while simultaneously helping curb harmful consolidation.
Allison Christians’ contribution digs into the conceptual, philosophical and ultimately political waters of how to distinguish normal from excess, windfall or otherwise abnormal profits. And my piece with Emily DiVito explores how an individual wealth tax on America’s top Billionaire ‘blockholders’ could curb their drive to use their companies to capture excess market power.
The standard approach of competition policy – a public interest-minded interpretation and robust enforcement of antitrust laws alongside the deployment of public options to outcompete private incumbents – remains extremely valuable.
But competition policy in isolation shouldn’t have to do everything. This collection aims to help re-envision tax policy as a complementary anti-monopoly tool to curb corporate consolidation and re-balance our economies. Just like the rules of the original Monopoly game once did.
As Director of Corporate Power at the Roosevelt Institute, Niko Lusiani leads the think tank’s program to dissect and dismantle the ways in which extractive corporate behaviour jeopardises workers, consumers, our natural environment, and our shared economic system.
Doações milionárias à campanhas prejudicam democracia #42:
A democracia é fundamental para que a economia funcione para todas as pessoas. E as eleições diretas são a sua base. Mas sem dinheiro é impossível dar visbilidade a um concorrente e, portanto ter chances de ganhar as eleições. Qual é a forma mais democrática de financiar eleições? E qual a influência de doadores de campanha no resultado eleitoral ou na elaboração de políticas públicas caso o candidato apoiado vença?
Às vésperas do segundo turno de eleições à presidência no Brasil, entrevistados do episódio #42 do É da Sua Conta respondem a estas questões e explicam os riscos à democracia quando campanhas eleitorais são financiadas por doadores super ricos, especialmente àqueles envolvidos em abusos fiscais.
Você ouve no É da sua conta #42:
Resultados da pesquisa de décadas do professor Martin Gilens (Princenton) sobre a influência de doadores de campanha super ricos na elaboração de políticas públicas nos Estados Unidos.
Como as eleições são financiadas no Brasil: a advogada eleitoral Maíra Recchia explica as regras do jogo.
Luciano Hang e irmãos Grendene: doadores super ricos de Bolsonaro que cometem abusos fiscais.
Isac Falcão comenta recentes mudanças na lei fiscal brasileira que isentam a exportação dos lucros para paraísos fiscais e empresários malu intencionados que realizam planejamento tributário agressivo.
Os 4 Rs da Tributação, com destaque à Representação e sua relevância para a democracia, com o colunista Nick Shaxson.
Ouvintes respondem à pergunta: Como a democracia pode fazer com que a economia funcione para todas as pessoas?
“Quando as preferências políticas divergem entre quem tem as rendas mais baixas, médias e altas, o que se vê é uma influência significativa dos que têm rendimentos mais altos, enquanto que não há nenhuma influência daqueles que têm rendimentos mais baixos.” ~ Martin Gilens, professor de Políticas Públicas, Universidade de Princeton – EUA
“Por que uma pessoa rica ou uma empresa daria muito dinheiro a um político? Porque esperam que o político lhes faça um favor quando ele chegar ao poder. Talvez um grande corte nos impostos, ou um grande contrato governamental. Isto é corrupção, é muito prejudicial ao país.” ~ Nick Shaxson, Tax Justice Network
“Esses jeitinhos de se burlar a legislação eleitoral (risos). O que a gente está vendo? Doação de pessoa jurídica personificada. Bolsonaro recebe a doação dos empresários; não recebe das empresas, mas recebe dos empresários.” ~ Maíra Recchia, presidenta do Observatório de Direito Eleitoral, OAB –SP
“A prevalecerem projetos de lei e medidas provisórias que alteram os julgamentos de questionamentos tributários, nós teremos um benefício de certas pessoas particularmente em prejuízo de toda uma sociedade. Isso sim evidencia uma certa instrumentalização do poder político por parte de um poder econômico. ” ~ Isac Falcão, presidente do Sindifisco Nacional
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