Nov 202009
 

Trusts, NGOs under ambit of money-laundering law .

India is to extend its money laundering laws:

Charitable trusts, whether temples, churches or mosques, non-government organisations (NGOs), educational institutions or societies, if registered as non-profit organisations (NPOs), will not only have to disclose the source of their funds, but also be scrutinised for large monetary transactions.

The change has been done by an amendment to the Prevention of Money Laundering Act (PMLA) 2002, notified in the Official Gazette on November 12, to bring NPOs under the purview of the law. Earlier, the entities that fell under the ambit of the law included only chit fund companies, banking companies, financial institutions and housing finance companies.

I warmly applaud this. NGOs should be on the record, as should be other charitable bodies. They get special status, they must account for it. But the extension to trusts is especially welcome: they are a perfect conduit for abuse. Nothing less than full public registers of trusts with accounts on public record will do.

And for those who argue this is an invasion of privacy I have a simple response: no one asked anyone to form a trust. It is done to secure advantage. Advantage carries responsibility, in this case the duty to report.

 

Did we really hoodwink them? – Isle of Man Today .

From today’s editorial:

Once again the tax black hole is dominating the news.
Lord Bach, the government minister who’s responsible for the Crown Dependencies, has been in the Island.

Our reporter, John Turner, interviewed him.

Lord Bach was very complimentary about the way the Manx negotiated the VAT agreement two years ago. In fact, you might be tempted to draw the conclusion that he thinks we outflanked the UK and got a much better deal than we deserved.

That conclusion would, I am sure, be hotly disputed by our political leaders.

But it does seem to be what Lord Bach is saying. It’s only now, after Alistair Darling’s buddies (and perhaps Richard Murphy, the blogger who has been so angry about the Isle of Man), looked at the books again that they decided that we were being subsidised by the UK.

I wonder if heads will roll at the UK Treasury if they really believe their negotiators were hoodwinked by the Manx in 2007?

Two comments. First, if the Treasury did make a mess of this they should say so.
Second, how many times do I have to say I have not been angry with the Isle of Man? It has much to commend it. The fact it was a subsidised secrecy jurisdiction was most definitely not one of them. It is that aspect of its affairs which I have sought to address – perhaps more effectively than any other campaign I have so far been enagaged in.
But it does, probably, mean I won’t be that welcome for a while. Which is a shame – because I do know it is a rather attractive place, based on past visits.

 

Hartnett whips up a storm at the ICAEW – Accountancy Age.

The permanent secretary for tax and commissioner of HM Revenue & Customs has never been afraid of ruffling a few feathers and Dave Hartnett did not disappoint at a recent address to some of the UK’s most eminent tax advisers.

Hartnett set out plans for a higher level of trust between the taxman, corporates and advisers at the ICAEW’s annual Hardman lecture but hit out at those still looking to cheat the UK’s tax system.

Although his speech was entitled Tax, Transparency and Trust, he still took a swipe at those salting away income in offshore tax centres.

“Few people put their money in Caribbean tax havens because they are looking for excellence in fund management,” he said.

I’m delighted at how often HMRC and the Tax Justice Network now seem to be in accord.

We have more than stating commonly agreed facts in common though. the Age note:

The mood in the audience was decidedly frosty

I have to say I am sometimes received that way – and some just won’t receive me.

Hartnett is asking people to be tax compliant. Tax compliance is seeking to pay the right amount of tax (but no more) in the right place at the right time where right means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes. I think that exactly that a government should demand and exactly what a tax adviser should suggest their client do. anything else is reckless.

My experience is that business is reluctant to engage on this issue. Why is that? What is it about what they do they do not wish to talk about?

And why is it that so many tax academics – secure as they are very far from the market in their civil service employments, encountering not a moment of risk in their tenured existence, promote the idea that tax compliance is the very antithesis of good practice and that the use of tax havens is a necessary business activity?

Where did this dishonesty come from?

And when will they accept that reform is going to happen? Their only choice is to be frosty, and to therefore be excluded from the process, or to engage with it?

 

Manx Radio has noted:

The man responsible for the Isle of Man at the United Kingdom’s Ministry of Justice has confirmed the VAT arrangement was changed because the Island gained too much from the previous deal.

Under the re-drawn revenue sharing rules, the Manx government will lose almost £100 million from its budget next year, and £140 million annually after that.

The reasons behind the change have been the subject of intense debate in Tynwald this week.

Lord Bach spoke to journalists before giving the Chief Minister’s International Lecture at the Hilton Hotel last night.

He said the Island had benefitted from an extremely good deal which had to end

Of course it had to end: it was a wholly unjustified subsidy – as I always said.

 

That was the mildly provocative title of the talk I gave last night to the annual joint meeting of the London branch of the Chartered Institute of Tax and the Association for Revenue & Customs. Other speakers were Chris Davidson, head of the Large Business Service at HMRC and Pete Miller of Powrie Appleby.

Each of us, curiously, suggested it was time for a new paradigm in tax.

I do not have time to note what I said in detail, but the MindMap of my speaking notes are here. No doubt there were changes when I actually said it – but they give a good idea of the argument.

 

James Moore: Lets tackle bank secrecy – everywhere – Business Comment, Business – The Independent.

The spotlight that is now (belatedly) shining down on UBS is showing up some very ugly things. It now appears that the vast majority of the thousands of wealthy people whose account details are to be handed to the US authorities are suspected of serious fraud rather than just common or garden tax evasion. According to the Swiss authorities, that is.

The financial details of about 4,450 UBS clients are to be handed over, and 4,200 of them are suspected of “advanced and serious fraud”.

A further 250 are suspected of the lesser offences of tax dodging.

Note the ratio: 94% serious fraud, 6% straight tax evasion.

But still the secrecy jurisdictions squeal when I accuse them of fostering crime.

Get real: you do foster crime. That’s why you promote secrecy. It has no other purpose. You know that. And you are as guilty for doing so.

 

A commentator on this blog has said:

[T]here is very little Christian theology on the merits, purposes and morality of taxes. There are certainly many mentions in the new Testament of tax collectors/publicans who were widely despised as agents of a foreign state, and ranked alongside “sinners”, which many interpret as lenders at interest, which was clearly against the Law.

St Paul does talk of the necessity to pay taxes that are due in Romans 13, but that is a teaching on the authority of government, not of taxes per se.

It is frequently argued, by those who see a Christian moral or theological basis for redistributive taxes, that modern taxation is a moral good, satisfying our duty of charity. At its extremes, this view is expressed in the claim that “the modern application of charity is by way of use of progressive taxation rates.”

This is the main method used to gain Christian support for redistributive taxation—the welfare state that the tax funds helps our neighbor and therefore its expansion must be a Christian duty.

This is contrary to Christian teaching. “At the heart of the Bible is the God who seeks the free worship of free human beings, and just as love of God is only real if it comes voluntarily from the heart, so, too, is love of neighbour. The Christian duty of charity must be undertaken voluntarily. There is no moral benefit in forced giving, as Saint Paul says: ““Each one should give what he has decided in his own mind, not grudgingly or because he is made to, for God loves a cheerful giver.””

Christians have a duty of charity to their neighbours, and are warned not to follow riches, but these are personal duties laid on each of us individually rather than collective obligations that can be satisfied through compliance with a human tax system. We cannot contract out our duties to others, nor can we nationalize them into the welfare state. Even less can we meet our duty to our neighbour by forcing another neighbour to meet his needs.

The Good Samaritan did not leave the dying man to the priest and the Levite, agents of the Jewish government, but cared for him himself.

This is, of course a libertarian, and if I might say so, evangelical view of the issue.

I fundamentally disagree with it. In a 2003 article on the theology of taxation that I wrote for the journal of the Ridley Hall Foundation I set out my case in full. I recommend the interested to read it in full.

My response to the particular issues raised are in there. I say:

For some the defence of [tax avoidance] is based on Jesus’ most commonly known teaching on tax, which was that one should pay what is due to Caesar to Caesar and what is due to God to God. Unfortunately it seems that this teaching has frequently been used as justification for the view that taxation is a secular matter which is unrelated to a person’s duty to God. In other words, if it can be technically, and however remotely, argued that a tax liability is not due, then there is no liability to Caesar. In that case it is suggested that because the duty to pay tax was only to Caesar, and not God, on the basis of this interpretation of Christ’s words, no accounting is required to the latter for any moral consequence of the action taken to avoid the tax bill (avoidance being used in this case in the context I note above). It is this dualistic approach, which suggests that as long as the law is complied with, any action in taxation is acceptable, that would appear to be used by many Christian business people to justify their actions in avoiding tax. They would not dream of using a similar argument to justify actions which are legal but nonetheless wholly unacceptable to the Christian believer, for example in the area of sexual morality. I cannot find any other basis on which many Christians (who otherwise
consider their actions ethical, and even corporately socially responsible) promote tax minimization through avoidance, as a necessary and appropriate business process.

I think this view of Jesus’ teaching is wrong. If, as his other teachings make clear, it is a Christian’s duty to obey the requirements of civil authority with regard to tax, then I can see no room for such a dualistic argument based upon this one, well known, phrase. The construction of that phrase has, instead, to be seen inside its own quite distinct and separate context which had nothing to do with taxation. The result is that I cannot accept the view that transfer pricing, the use of offshore locations, and similar tax avoidance practices, are in any way consistent with Christian behaviour. These transactions and others like them are designed purely to avoid tax, contrary to the wishes of elected Parliaments, and without the necessary economic consequences of the transactions they purport to represent being suffered. The consequences occur at cost to others whom the Christian has accepted a duty to love.

Paul’s suggestion seems to coincide with this view. It is hard to believe that Paul, even though a Roman citizen, could have endorsed all the views of that regime. Yet in Romans 13: 6 & 7 he says “This is why you also pay taxes, for the authorities are ministers of God, devoting themselves to this very thing. Pay to all their dues, taxes to whom taxes are due, toll to whom toll is due, respect to whom respect is due, honour to whom honour is due.”

This too seems a reasonable interpretation of Jesus’ view. Both opinions appear quite clear and can be summarised as “pay what is asked of you”. In both cases there seems to be undoubted support for the idea of tax compliance and against those of avoidance, let alone evasion. In my opinion, this is the first essential element of a theology of taxation.

I explore other issues – including the fair rate of tax and whether it should be progressive or not (about which Rowan Williams has no doubt – he said so in the Q & A session on Monday) in the article and note that we have a:

duty to interpret the Bible in its modern context in accordance with sound hermeneutical principles.

The person who has most thoroughly and publicly offered such an interpretation in recent years is Susan Hamill, a professor of law at the University of Alabama. She has published the leading current paper in this area. In this she sought to argue on theological grounds to a state legislature with a high degree of professed Christian or Jewish members, that Alabama’s state tax code, which is both deeply regressive (i.e. rates are highest on the poor) and profoundly more expensive for the oor than almost any other state in the USA, is contrary to the ethics of Judeo-Christian teaching.

I concur with her suggestions that:

1. regressive taxation is contrary to Biblical teaching;

2. progressive taxation is consistent with biblical teaching;

3. it is appropriate that those with wealth should pay more tax than those without it.

I base these conclusions on the following:

a. Old Testament teachings make clear that those with a surplus from production (in modern parlance, a profit) should leave for the poor (in these days represented by their dependency upon the tax financed welfare state) sufficient for them to maintain themselves. This is for, example, inherent in the idea of gleaning (Lev 19:9, Deut 24: 19-22). No teaching to the contrary is ever found.

b. The teaching in Jesus’ second great commandment that we should love one another. It has been suggested by Hamill that this must, in part, be interpreted as being expressed through the provision of charity and the modern application of this is by way of use of progressive taxation rates.

c. The teaching derived from Genesis 4:9 and repeated implicitly by Jesus in considering who is our neighbour, that we are our brother’s keeper. This teaching implies that an unjust treatment to a fellow human being is a wrong committed against God. Our equality in creation places upon us a responsibility to care for each other. Hamill interprets this as a duty to pay progressive taxation since those with greater means have a duty to provide more for their fellow human beings. I agree.

d. The clear teaching in Matt 6:24 that a dedication to the accumulation of cash is contrary to devotion to God. Where a sufficiency of cash exists there is a duty to forsake wealth in favour of others if one is to answer the call of God. Again, this can, in its modern context, be seen as an endorsement of progressive taxation.

What this last teaching most clearly says, in the broader context of the teachings on prayer that immediately precede it, is that Christ must be the unambiguous centre of the life of a Christian. In that case I believe that the suggestions Hamill makes necessarily follow: progressive taxation based on the ability to pay is a fourth necessary part of a theology of taxation. We do have a duty to provide for those less well off than ourselves and in part that is expressed through accepting and paying progressive taxation.

Does the ‚Äòcharity’ argument, or Thatcher’s favoured reference to the Good Samaritan neuter any of this? No, of course it does not. #

The duty to pay tax was clear in Jewish law and in Christian teaching. The idea that the state might use that tax for much more than law and order and aggrandisement of the Emperor was unknown. But times have changed. So has society. Most ‚Äòneighbours’ in Christ’s time were literally known to the whole community in which they lived – which ere small. Tithes, gleaning and personal gifts were largely effective in ensuring the poor were maintained. That is utterly impossible now, and the rich are the poorest relative donors in our communities to compound the problem, despite the significant tax benefit to them from doing so – not shared by those less well off.

And as hermeneutics makes clear, we have a duty to interpret the Bible in a current day context – not in the context of the time it was written. If we do not we get absurd results – as some who profess to Christianity make all clear by their actions and expression of opinion.  In that context charity for all the poor is not possible without a substantial centrally coordinated programme of provision clearly best run by the state and funded by tax. Anything else makes no sense at all.

And it also quite contrary to the message of Luke’s gospel. In Luke 4, starting at verse 18 Jesus says:

The Spirit of the Lord is upon me, because he has anointed me to bring good news to the poor. He has sent me to proclaim release to the captives and recovery of sight to the blind, to let the oppressed go free, to proclaim the year of the Lord’s favour.

This is the clearest statement of Christian duty there is. Support for progressive taxation fulfils that duty.

If that is at personal cost – so what/ From Luke again (chapter 1);

He has shown strength with his arm; he has scattered the proud in the thoughts of their hearts.

He has brought down the powerful from their thrones, and lifted up the lowly; he has filled the hungry with good things, and sent the rich away empty.

The message cannot be clearer in my opinion: it is our duty to provide for the poor. We are to eschew riches. progressive tax as a matter of fact does that. Alternative tax methods do not. Nothing else is, therefore compatible in our time with Christian faith but progressive taxation.

What is economics?

 Economics  Comments Off
Nov 182009
 

A commentator on my blog concerning Rowan Williams discussion of tax said:

Interesting that the Archbishop referred to the Greek origins of the word “economics” to proclaim the virtues of “housekeeping”. Presumably the C of E is now officially Thatcherite.

Not at all. You see Rowan Williams talked about what economics should be – and based his analysis on the Greek word oikonomia. The etymology of economics is this:

From Latin oeconomia from Ancient Greek Œø·º?Œ?ŒøŒ?ŒøŒºŒØŒ± (oikonomia, “management of a household, administration”) from Œø·º?Œ?ŒøœÇ (oikos, “house”) + Œ?œåŒºŒøœÇ (nomos, “law”). The first recorded sense of the word "economy", found in a work possibly composed in 1440, is "the management of economic affairs", in this case, of a monastery.

House has a wider definition here than the corner shop in Grantham. Williams, with whose scholarship of Greek I would not wish to argue, made that very clear in his presentation and subsequent comments.

What maybe he should have done is also make clear that oikonomia is very different from what economists actually study – which has little or nothing to do with the economy as Williams sees it. Economists now study chrematistics which is the study of wealth or any theory of wealth as measured in money.

Herman E. Daly and John B. Cobb, Jr. in for the common good: redirecting the economy toward community, the environment, and a sustainable future, said:

Aristotle made a very important distinction between ‚Äòoikonomia’ and ‚Äòchrematistics.’ The former, of course, is the route from which our word ‚Äòeconomics’ derives. Chrematistics is a word that these days is found mainly in unabridged dictionaries. It can be defined as a branch of political economy relating to the manipulation of property and wealth so as to maximize short-term monetary exchange value to the owner. Oikonomia, by contrast, is the management of the household so as to increase its use value to all members of the household over the long run. If we expand the scope of household to include the larger community of the land, of shared values, resources, biomes, institutions, language, and history, then we have a good definition of ‚Äòeconomics for community.’

Williams was referring to the latter.

Thatcher denied that there was society: she only understood chrematistics.

So it’s quite safe to say Williams is a very, very long way from Thatcher.

And that most economists are a very long way from any meaningful study of the economy capable of delivering real value.

 

Swinford Toll Bridge Up For Sale In Oxfordshire: Buyer Gets Tax-Free Income Due To Traffic Tolls | Business | Sky News.

A picturesque bridge over the River Thames that has the added perk of being a tax haven has gone on public viewing ahead of going up for auction.

The Swinford Toll bridge in Oxfordshire was built 240 years ago and an old Act of Parliament rules that its owner can collect a toll from those crossing the river – without being subject to tax.

What’s more, the bridge owner enjoys something of a monopoly as the Act also states that no other river crossing can be constructed for three miles in either direction.

Currently around 10,000 vehicles use the crossing every day, with cars paying 5p to cross and double-decker buses 20p.

Despite appearing small, the tolls give a relatively healthy return to the owner, generating a gross profit of £200,000 a year.

But as ever, there is a real cost of this tax abuse on local people:

[A]ny potential buyer will have to cope with disgruntled local residents who want the toll to be scrapped.

They argue that it slows down traffic dramatically on an already-congested route, causing fumes to be pumped into the air, and describe the enforced payment as “highway robbery”.

More than 750 people have already signed a petition asking their local MP – who happens to be one David Cameron – to have the local council compulsorily purchase the bridge and scrap the tolls.

Such anomalies – like the status of many of secrecy jurisdictions – which makes them rent seeking legislatures for hire – need to be abolished.

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