Forget IPL. Wanted, a JPC to probe tax havens!: Rediff.com Business.

The Indian Premier League for cricket has been a phenomenon. Massively popular in India, it has had enormous impact on cricket more widelky.

And now it is subject to scandal – because of alleged financial abuse, inveitably through tax havens.

Many in India are calling for a parliamentary investigation of the Indian Premier League. M R Venkatesh rightly argues that’s not the issue:

Despite all the sound and fury, the quantum of sleaze of IPL is relatively small. If investments for IPL were routed through tax havens, ED and RBI can easily do the needful. If anyone has fixed matches, it is easy to get at them through the police. All this is possible provided one has the will.

All this makes the entire call of the opposition to constitute the JPC on IPL issue simply ridiculous. IPL scam is all about a few hundred million dollars of investment (say Rs 2,000 crore) routed through tax havens, coupled with the alleged match fixing running into a few thousand crore rupees.

In the process, however, little do we realise that approximately $90 billion (Rs 450,000 crore) of unaccounted money has actually flowed into the country through Participatory Notes (PNs) from tax havens. We do not know the ownership details of these investments when for a mere fraction, we seem to cry for a JPC.

That is not all. In his reply to the motion of thanks to the President in March this year, the prime minister had confirmed that $140 billion (Rs 650,000 crore) of Indian money is lying in tax havens and outlined the efforts of the government in getting back those monies. While the PM did not disclose his source, it may be noted that obviously he did not talk of the entire quantum, which according to experts runs into several hundred billions, perhaps a trillion, dollars (Rs 4,500,000 crore).

It is evident that India requires a JPC, not just on IPL but on tax havens as a whole. It needs to get at the bottom of how our stock markets continue to be manipulated through PNs. We need to unearth the link between big business houses, Bollywood, and the underworld, as well as real estate and money laundering. We need to explore the link between our politicians and terror funding.

I love the phrase “quantum of sleaze”. It seems to sum up very precisely two things. The first is that public life, culture, sport and the well being of ordinary people is being corroded by tax havens, the world over. Secondly, it makes clear that the public tip of this issue is a tiny indication of the real scale of the problem, which is massive.

I sincerely hope that India gets the investigation it needs – and that it calls on the right people to answer the questions that need answering. And they’re not, for the sake of the record, in the Big 4 or any bank. They are the suppliers of what I have long called corruption services – even if innocent of the act themselves. They cannot supply the solutions.

 

New ‚Äòtool box’ to counter opaque tax havens.

Good news from India:

In a significant move that will eventually help the government seek information from tax havens, the revenue department in the finance ministry has started the process of defining non-cooperative jurisdictions — countries that do not share any information about companies evading tax in India.

Government sources told The Indian Express that the finance ministry has formed a five-member committee for defining the characteristics of such a jurisdiction and then prepare a list of countries that would qualify as a non-cooperative jurisdiction. The committee would have to do a delicate balancing act as the issue is not only financial but also political, the sources said.

According to the sources, the committee will delve into the mechanism used by such jurisdictions for acting as tax havens and the reasons for non-existence of information exchange processes for tax purposes. “After collecting inputs, the department will develop a tool box to counter such activities,” a source said. It will also work on measures to be adopted by India in combating such jurisdictions, the sources said, adding that these would form a part of the proposed Direct Tax Code (DTC).

They might do well to look at the Tax Justice Network secrecyjurisdictions.com web site and the Financial Secrecy Index.

But what’s really significant is countries are now showing willingness to move beyond the OECD’s position – because the OECD’s position is not good enough. And that’s welcome news for all who want to stop abuse.

 

FT.com / US / Politics & Foreign policy – Republicans delay financial reform bill.

The banking lobby has captured the Senate:

Republicans delayed a financial regulatory bill on Monday, sending senators back to the negotiating table where they will try to thrash out a deal and consider new criticism from the Federal Reserve.

President Barack Obama said he was “deeply disappointed” by the Senate vote in which Ben Nelson, the Democratic senator from Nebraska, joined all 39 Republican senators present to oppose a procedural motion to move forward with the landmark bill.

This from the party that argues for small government.

Well of course it does. Small government = small regulation = big abuse. It’s a guaranteed formula.

The Republican core love it. And the Tea Baggers are mug enough to buy it.

Apr 262010
 

Teachers protest against cuts – channelonline.tv .

In Cayman law and order are breaking down.

In Jersey its public services and education that are breaking down.

Places with, what are claimed to be, amongst the highest incomes in the world can’t provide basic necessities.

The secrecy jurisdiction model is falling apart.

 

Guernsey Finance :: Guernsey provider announces world’s first ever PCC amalgamation.

Protected Cell Compnaies are profoundly abusive, as is explained here.

But Guernsey boasts all the same:

Heritage Insurance Management Ltd in Guernsey has achieved a worldwide first by amalgamating two Protected Cell Companies (PCCs) into one.

The companies, Harlequin Insurance PCC Limited and Friary Court Insurance PCC Limited, are both insurance PCCs with 17 independently owned cells between them. Combining them creates a more efficient structure which ultimately will save money for the clients involved in the cells.

Speaking about the amalgamation, Martin Le Pelley (pictured), Compliance Officer for Heritage, said: “The amalgamation of two PCCs is not straightforward as each cell represents a separate class of share, which in turn means that all cell shareholders must vote in favour of the amalgamation in order for it to take place. Nevertheless, having achieved this milestone, we consider that the combined company will provide a more secure and efficient platform for our cell captive clients going forward.”

But I have a simple question. How do we know?

These structutres are as opaque as it is possible to get, and the whole purpose of offshore reinsurance is to get tax relief for premiums in an onshore location and accumulate those funds tax free offshore – which is a direct tax subsidy to an industry that does not need it whilst it hides behind absolute opacity in a location famed for ensuring no information is on public record.

Some disagree I know, but I do not call that a responsible business model.

Of course Guernsey law says this is legal. But then Guernsey is a secrecy jurisdiction and secrecy jurisdictions are places that intentionally create regulation for the primary benefit and use of those not resident in their geographical domain. That regulation is designed to undermine the legislation or regulation of another jurisdiction. To facilitate its use secrecy jurisdictions also create a deliberate, legally backed veil of secrecy that ensures that those from outside the jurisdiction making use of its regulation cannot be identified to be doing so.

In which case you can fairly say “so what that it’s legal? The real question is whether it’s ethical to trade behind a veil of secrecy of this sort?”

 

Guernsey Finance :: Foot: Guernsey well placed to meet future challenges.

Financial services veteran and ‚Äòoffshore’ report author Michael Foot (pictured, right) believes Guernsey is well placed to meet the challenges that continue to come its way in the wake of the global financial crisis.

Mr Foot authored the HM Treasury commissioned report into the British Crown Dependencies and Overseas Territories that was published in late October last year.

Which just proves how profoundly unsuited Micahel Foot was to lead the government review, as some of use said when he was appointed, when his work was in progress – and we were consulted by him – and after he delivered his whitewash.

 

The FT has reported that “the new government [must] make £30bn-£40bn of cuts in real terms to halve the deficit”.

It then adds:

An online simulator, developed by the FT using government figures, suggests a saving of that scale would require all of the following:

  • a 5 per cent cut in public sector pay;
  • freezing benefits for a year;
  • means-testing child benefit;
  • abolishing winter fuel payments and free television licences;
  • reducing prison numbers by a quarter;
  • axing the two planned aircraft carriers;
  • withdrawing free bus passes for pensioners;
  • delaying Crossrail for three years;
  • halving roads maintenance;
  • stopping school building;
  • halving the spend on teaching assistants and NHS dentistry;
  • cutting funding to Scotland and Wales by 10 per cent.

NB I’ve bullet pointed the list to make clearer what it says.

Note why it says this must happen though:

Packages of measures such as these are already under consideration in the Treasury and will be needed if further big tax rises are to be avoided as the next chancellor seeks, at a minimum, to halve the deficit by 2014 – a goal to which all the main parties are signed up.

I have added the tow highlights, for good reason.
First it is clear that this package is designed with one aim in mind: to prevent tax increases. But notes who it hits most: the elderly and the young in state education. The former are the poorest sector in society, the latter are our future.

Who else does it hit? All on benefits. And pubic sector workers – who despite all the misinformation from the Tory press are underpaid for their level of qualification.

So, to avoid tax increases the FT wants to massively increase injustice in society.

Note the second condition: that we must halve the deficit. This package will completely fail to do that. The deficit is of course a ratio of government spending to national income. It is not spending that has gone wrong. It is national income that has done wrong. And as Keynes proved, and which anyone with an iota of sense must agree, you can’t improve national income by making what will, in effect, be millions of people redundant and cutting the spending power of tens of millions more. You can only reduce national income by doing that. In that case the deficit does not reduce as a proportion – indeed, there is every chance you’ll increase the deficit whilst making every one worse off in the process, which makes this a massive economic suicide note for everyone bar the bankers who, like Goldman Sachs appear to do daily, exploit these situations for their own gain.

For this reason I utterly dispute the FT claim that:

The public is braced for this looming era of fiscal austerity, but the case for spending cuts is yet to win over the public sector workers likely to be among the worst affected.

I do not think there is a person in the country braced for this. None of them think it will happen.

And it need not happen. The alternative exists.

There is £25 billion of tax avoidance to tackle in this country.

There is a £28 billion pile of unpaid tax.

There is £70 billion of tax evasion.

None are being effectively tackled despite the FT report today that:

Probes into the tax affairs of large companies generated £12.6bn of additional tax in the last four years, making big business the most profitable target for the Revenue’s compliance effort, according to figures that will fuel the debate over the Liberal Democrats’ promise to raise big sums from cracking down on avoidance.

They’re not being tackled because the revenue insist on sacking their staff who can recover this tax .

This is the real economic madness in this country. The madness that can be reversed. And if it was a significant part of the deficit could be closed.

And as I and my colleagues showed here, the rest could be closed by tax increases on those with the capacity to pay.

This is the only viable option we have. The reality is we have never made cuts of the sort noted. Thatcher did not do it. No one has. I dispute that anyone can.

This is why the FT are wrong. There are three ways out of this crisis:

1) Spend to create growth

2) Then increase tax rates

3) Throughout this period invest heavily in tax collection

This is our way out of crisis.

What the FT wants is a depression.

Put that way, there really is no choice.

 

Amid Crime Surge, Caymans Call in U.K. Police – DealBook Blog – NYTimes.com.

The Cayman Islands has brought in British police to tackle a rise in gang-related crime that business leaders fear could hurt the territory’s image as a safe finance and tourism destination, Reuters reported.

Fourteen British officers arrived ilate on Wednesday after they were requested by the Cayman police commissioner, David Baines. The murder rate in the small British territory, with a population of 55,000, remains low compared with Caribbean states like Jamaica. But the 390-strong local police force has been stretched since the start of the year by five homicides, a kidnapping, armed robberies and shootings. Victims included a 4-year-old boy killed in crossfire.

Cayman authorities and local leaders in tourism, financial services and real estate are worried the spike in crime could damage the islands’ reputation for safety and security, which has underpinned its emergence as a legal domain for many of the world’s hedge funds.

I’ve long argued that secrecy jurisdictions seek to undermine other states.

I have also long argued that their own business model is not viable becasue it is internationally unacceptable.

Only occasionally, but persistently none the less, have I argued that their business models are also deeply and fundamentally dangerous to the people who live in the small island secrecy jurisdiction.

There are two reasons why I have argued this. First of all, is is obvious in the case of the Crown Dependencies, Cayman and others, the model is incapable of funding the necessary functions of government.

Second, as in Turks & Caicos and Antigua, corruption has destroyed the state already.

This social unrest is spreading. You cannot build a state on the corrupt premise that is inherent in the abusive structures promoted by secrecy jurisdictions – structures that were always and solely designed to facilitate crime and, I will candidly suggest, for no other purpose – without crime spreading, including in your home jurisidiction.

Cayman is the latest jurisdiction where this is being seen. It is suffering enormous tension in an island of just 55,000 people, an outbreak of violence and murders and has an inability to now police itself – showing how absurd is its claim to be an independent territory.

Cayman is collapsing fiancially.

Cayman is collapsing as a society.

The financial edifice that records its transactions there might topple with it.

Of course that edifice is based on deceit – not least the deceit that Cayman is the place where it undertakes its activity. But we kbnow decit is utterly corrorive – including when it is exposed.

If Cayman does collapse – and it will take little for it to dso so – have no doubt it could be the next Lehman.

That’s why action is needed now.

 

Martin Wolf wrote in the FT last week:

Can we afford our financial system? The answer is no. Understanding why this is so is a necessary condition for evaluating ideas for reform. The more aware of the risks one is, the more obvious it becomes that radicalism is the safer option.

John Christensen of the Tax Justice Network has considered the article in depth, and with his permission I reproduce his thinking here:

In his latest Financial Times column, Martin Wolf asks a starkly fundamental question: can we afford the financial system in its current state? Unsurprisingly, his answer is no. Especially for countries with ageing populations and under-funded pension schemes, the impact of another financial crisis along the lines of 2007/08 crash would be unimaginable. As Wolf notes in respect of the current crisis, while asset prices in the private sector have bounced back in response to fiscal stimuli, the real losers have been the public, who will have to carry the burden of increased public debt:

If only a quarter of the world’s loss of output during the recession were to prove permanent, the present value of these losses could be as much as 90 per cent of annual world product.

Where did things start to go wrong? While others still hark back to failing sub-prime mortgage markets in the United States and elsewhere, Wolf takes the longer view. Referring to a fascinating speech by the Bank of England’s Andrew Haldane, he notes that since 1986 – the epoch of London’s Big Bang and the return of laissez-faire financial capitalism – leveraged debt has been the driver of banking profits, and banks have become wildly more profitable and more risky. The U.K. provides an extreme example:

The UK case is dramatic, with banking assets jumping from 50 per cent of GDP to more than 550 per cent over the past four decades. Capital ratios have fallen sharply, while returns on equity have become higher and more volatile.

And this is where things have gone off the rails, since the bankers can take on foolish risks secure in the knowledge that as their industry becomes more concentrated into fewer and larger players, the potentially devastating impact of a major failure, which would inevitably spill out in the wider economy, forces the hands of governments. Banks and state have become locked together in a mutually destructive embrace, made worse by the fact that limited liability status protects bank’s owners from the consequences of actions taken on their behalf by bank executives who pull the political strings in the first place:

The combination of state insurance (which protects creditors) with limited liability (which protects shareholders) creates a financial doomsday machine. What happens is best thought of as “rational carelessness”. Its most dangerous effect comes via the extremes of the credit cycle. Most perilous of all is the compulsion upon the authorities to blow another set of credit bubbles, to forestall the devastating impact of the implosion of the last ones. In the end, what happens to finance is not what matters most but what finance does to the wider economy.

But one aspect of the doomsday machine is missing from Wolf’s account (though it may be covered in the second part of his article next week): what role has offshore played in this process? Well several actually. First, huge sums of hot money have accumulated offshore, in deposit accounts, hedge funds, private equity funds, providing the liquidity on which so much of the leverage finance is based. These sums go largely untaxed and unregulated. Judging from the paucity of official statistics in this area, the volume of these funds is probably underestimated to a significant degree.

Second, offshore activities have contributed enormously to financial market opacity. It is no coincidence that collateralised debt obligations (the securitised instruments at the heart of the mortgage crisis) were invariably issued and traded through offshore financial centres like Cayman, Jersey, Delaware and London. Securitisation encouraged the banks to leverage up since they (wrongly) thought that risk had been more evenly distributed. This proved to be an illusion, and the other so-called benefits of securitisation, such as the claims that it would make home-ownership more affordable, have also proved something of a chimera.

Third, banks are by far the largest players in the offshore markets and they are well-placed to maximise the opportunities available for regulatory arbitrage and tax avoidance: it is no coincidence that most if not all shadow banking structures (typically structured investment vehicles) are registered in secrecy jurisdictions. What this means is that for decades banks have been "optimising" their tax bills while maxing on their risks in the expectation that taxpayers will bail them out when the inevitable happens. Meantime the infernal machine creates an unsustainable and grotesquely inequitable economy in which wealth and income has become concentrated in that hands of a tiny minority of gamblers. Britain’s HM Revenue and Customs, for example, has revealed that in 2008 less than two percent of London’s working population pocketed over a quarter of the total income paid out in the capital that year. With no evidence of the trickle-down effect so favoured by delusional orthodox economists, and equally no sign that the tax system will remedy this economic perversity. As Wolf comments:

A large part of the activity of the financial sector seems to be a machine to transfer income and wealth from outsiders to insiders, while increasing the fragility of the economy as a whole. Given the extent of the government-induced distortions in the system, even the fiercest free marketeer should accept this.

Where do the solutions lie? Should governments push for piecemeal reform, as is currently the case, or are more radical steps required? Wolf will be answering this question in his column next week, and TJN hopes that his analysis takes account of how captured states on small island tax havens have driven the race to the bottom in both tax and regulatory degradation, and the part that banks have played in driving this process.

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