This was in Bloomberg on Friday:

Ireland led a surge to record levels in the cost of hedging against losses on European government bonds on concern the high price of bank bailouts and economic stimulus packages will strain public finances.

Credit-default swaps on Irish government bonds rose 7.5 basis points to 355, and have jumped 95 basis points this week, according to CMA Datavision prices. Contracts linked to French, German, U.K and Spanish debt also rose to all-time highs.

The perceived risk of holding Irish debt soared the most after the government said it will invest 7 billion euros ($9 billion) in Allied Irish Banks Plc and Bank of Ireland Plc to cushion a rise in bad debts as property prices plunge.

It is glaringly obvious Ireland can no longer afford its commitments; commitments that were fuelled by its low corporate tax policy.

That low tax rate will have to go as a condition of the inevitable forthcoming bail out.


 

Prem Sikka is arguing for a maximum wage:

We should limit the maximum remuneration (salary, bonus, share options, pension, perks) for executives at public companies to 10 times the median remuneration in the same company. The proposal would mean that if executives want more they will have to raise workers’ remuneration too. This is equitable since workers have helped to create wealth.

The median annual pre-tax income for the UK is about £25,000. If a company mirrored that, then the maximum its executives should be able to collect is about £250,000 – more than enough for a comfortable lifestyle.

It has a lot to commend it.

Enforcement would, of course, be an issue:

If directors violate the norms then the cost of the entire executive remuneration should become ineligible for tax deduction, ie companies will have to pay a higher tax bill. There should also be an equivalent fine on the offending directors. These penalties could create incentives to behave responsibly.

That should deal with that.

And have no doubt: this could over-write all those abusive pay contracts at the stroke of a pen.

Why is it some of us can work out how to do this stuff when the Treasury can’t?



 

These are my links for February 13th through February 14th:

 

The Guardian has concluded its Tax Gap series. In a closing editorial it said:

Denis Healey had his own definition of tax avoidance. It differed from outright evasion, he said, in only one respect: “the thickness of a prison wall”.

Professionals do not call it avoidance; they prefer tidy names such as “tax-efficient supply chain management”.

Yet Mr Healey’s observation remains in essence true. Whatever one’s choice of euphemism for the now near-epidemic engineering of minimal taxes, there is no mistaking the harm. In rich countries, the poor and the middle classes shoulder more of the burden of paying for essential services. In poor countries, governments are weakened. In an era in which strong, wise government is needed to contain market panic, tax avoidance just looks out of place. This is a truth to which politicians have belatedly tumbled. Barack Obama has railed against tax havens, while even Labour has commissioned (yet another) Treasury review into their use. At last, the tide appears to be turning. The public is not in a mood to look indulgently on ever more artificial ways of avoiding dues which the rest of us can’t duck.

I, unsurprisingly concur.

Perhaps equally unsurprisingly (given I was consulted on the issue) I concur with what the Guardian thinks might be done to tackle the issue:

Here are some things Messrs Brown and Darling need to consider: a General Anti-Avoidance Rule; country-by-country reporting; the removal of secrecy from all British-controlled tax havens, replaced with the requirement for offshore companies to publish accounts and beneficial ownerships; harmonisation of the corporation tax regime within the EU (this does not mean identical tax rates, but a common basis for assessing taxes); the employment of many more tax inspectors; the penalisation – if not prosecution – of big business tax avoiders plus the blacklisting from government contracts of accountancy firms that sell artificial tax avoidance schemes; amending the Companies Acts to require companies to publish (a) the actual annual payments of corporation tax to HMRC (b) the details of avoidance schemes they have disclosed to HMRC (c) a full list of subsidiaries appended to the annual report, regardless of length; amending of land registration law to require the disclosure of the beneficial owner of land and property; and the public listing in advance of pending tax tribunal cases.

Will Hutton addressed the issues like this:

Over the years I have had many heated arguments with “tax planners”. Always it gets to the same core point: the state has no right to have my cash. Big Government is a moral bad and, worse, will necessarily squander my money on ill-conceived projects creating welfare dependency – for that is what governments do. I can spend my money better than it can. I am the buccaneering libertarian fighting an important moral battle in avoiding tax.

It is this ideology, generated and fanned by American neoconservatives, that the tax avoider tells him or herself as they purchase or devise the latest scheme.

It is first cousin to the ideology that justified financial liberalisation: Big Government had no place telling financial institutions how to organise and regulate their affairs, because markets of private financiers will always tend to deliver efficient results.

Much of the “deregulated” business of the structured investment departments of our big banks – the epicentre of the credit crunch – was driven by tax avoidance, justified by an appeal to the same set of ideas.

The economic wreckage is now all around us. [And] it is only because of the derided state that we have even the semblance of a functioning financial system. We now know that capitalism without the state is inoperable.

[T]he scale of tax avoidance could be radically reduced. What is required is the will. Neoconservatism has collapsed. The western financial system is bust. The need for the state, and for international collaboration, is now evident to all. President Obama is keen to act. If we cannot slay tax avoidance now, we never will.

On the same theme the Guardian editorial concluded:

Where there is complexity and secrecy, we need transparency. For all the laudable aims of the corporate social responsibility movement, it has been ineffective at pushing businesses to pay their way. A fair tax system may need new means of enforcement, but the principle is an old one. It was outlined centuries ago by Adam Smith, who called on “subjects [to] … contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state”.

Perhaps the last word should go (as it did in the paper) to my Tax Justice Network colleague John Christensen:

“There are a significant minority of companies who agree that paying tax is a key part of corporate responsibility, if not the core corporate responsibility to society,” Christensen says. “Tax is where CSR begins.”

It is. That’s the argument, in a nutshell.

And it’s why, as we have, perforce, to build a new style of capitalism attitudes to tax will be transformed.

 

From Hansard:

Mr. Austin Mitchell: To ask the Chancellor of the Exchequer how much tax has been repatriated to the UK by each country adopting the withholding tax option under the EU Savings Tax Directive. [255258]

Mr. Timms: The amounts of tax paid to the United Kingdom by those countries adopting withholding tax under the terms of the European savings directive or equivalent agreements with third party jurisdictions for the years 2005-06, 2006-07 and 2007-08 are set out in the following tables.

The withholding tax regime is a transitional mechanism. The UK strongly supports, and is promoting internationally, transparency through exchange of information as the way forward in combating cross-border tax evasion.

These tables followed:




Plotted after translation into sterling at official exchange rates this looks like this:

The trend is upward.

The culprits are obvious. I have eliminated the small ones for clarity.

And what the heck happened in Switzerland in 2007/08?

 

These are my links for February 13th:

 

From Hansard:


VAT: Channel Islands

Mrs. Gillan: To ask the Chancellor of the Exchequer what estimate he has made of the effect on value added tax (VAT) revenue of VAT-free goods coming through the Channel Islands into the UK in each of the last three financial years. [256410]

Mr. Timms: We estimate that the cost of the Low Value Consignment Relief on imports from the Channel Islands was around £70 million in 2006-07 and £80 million in 2007-08.

Insufficient data are available to produce comparable estimates for the year 2005-06.

Mrs. Gillan: To ask the Chancellor of the Exchequer what steps he is taking to prevent value added tax-free goods entering the UK from the Channel Islands. [256476]

Mr. Timms: Over the last three years the Government have worked with the authorities in Jersey and Guernsey to address this issue. As a result, and to avoid potential damage to their international reputation, the authorities in Jersey and Guernsey have taken a number of steps to restrain the exploitation of the low value consignment VAT relief by UK companies. These are set out in detail in my speech to the House on 27 January 2009, Official Report, columns 275-76.

Why do we put up with this?

Add it to the Crown Dependencies account.

 

Ruedi Elmer’s allegations against his former employers Julius Baer in Cayman feature in the Guardian today.

Ruedi admits to having made mistakes in his campaign.

Clearly he’s a whistleblower with data he should not possess.

But he’s a man who has put principle ahead of personal gain: a bit like Paul Moore whose own action in doing so in the UK banking system has suddenly become very relevant.

I admire what Ruedi has done: even if some in Cayman never break the law he adds clear evidence to support that falling out of UBS day by day that shows that some banks seem to have been knowingly engaged in nefarious activity, which is what I have always said.

 

The FT has reported:

France on Friday will press for tighter controls on hedge funds, urging other big industrialised nations to strengthen regulation of the industry and compel banks that lend them money to hold more capital.

Paris wants the European Union, and eventually all leading economies, to beef up indirect regulation of hedge funds via their prime brokers, the banks which provide them with loans and other services.

Quite right to.

But as part of this process let’s stop the hedge fund sham that they re managed in Cayman: where up to 80% claim to be domiciled. They’re not there. A few nominee directors might be. And another might fly in once in a while for some snorkeling and to sign some pre-agreed minutes. But the reality is that these people are in London, New York, Paris and Frankfurt. It’s time to say so. It’s time to stop the obvious charade. It’s time to regulate them where they are.

It’s time to stop the stupidity that an acquaintance of mine who advised hedge funds described to me as “advice to London, bill to Cayman”. Even he found it annoying that this avoided the VAT charge.

Enough is enough: we can call a halt to this by changing the rules on residence of companies to ensure that a company is resident not where a few nominee directors meet, but where its real management (people, doing the job) are. This would transform this industry for good.

Come on OECD: why not take this on board now and announce the change?




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