I am bored, mightily bored, with the argument that goes along the lines of a commentator here this morning who said:

Every penny spent on public sector salary must first be taken, on pain of violence, from the purse and wallet of a private sector worker, under the name of tax.

I am equally bored by the argument that is made time and again that in order to spend when tax revenues do not cover state costs the state must borrow and be subject to the whims of the market.

These statements are not true. Not only are they not true, they are profoundly incorrect and reveal a shocking level of ignorance on the part of those making them about the nature of government, money and econoMICS.

As evidence I’ll quote Galbraith again – from the piece I referred to yesterday – because it is so good:

The U.S. government spends (and the Federal Reserve lends) in a very simple way. It does so by writing checks — in fact simply by marking up numbers in a computer. Those numbers then appear in the bank accounts of the payees, who may be government employees, private contractors, or the recipients of federal transfer programs.

The effect of government check-writing is to create a deposit in the banking system. This is a “free reserve.” Banks of course prefer to earn interest on their reserves. Thus they demand a US Treasury bond, which pays more interest without incurring any form of credit or default risk. (This is like moving a deposit from a checking to a savings account.) The Treasury can meet that demand, or not, at its option ‚Äî it can permit, or not permit, the stock of US Treasury bonds in circulation to increase.

So long as U.S. banks are required to accept U.S. government checks — which is to say so long as the Republic exists — then the government can and does spend without borrowing, if it chooses to do so. And if it chooses to issue Treasuries to meet the demand, it can do that as well. There is never a shortfall of demand for Treasury bonds; Treasury auctions do not fail.

In the real world, the government creates demand for bonds by spending above the level drained by taxation from the system. The extent to which those bonds are held locally, or abroad (another common source of worry) depends on the US current account deficit. This also has nothing to do with approval or disapproval by foreign bankers, central bankers, or their governments of American deficit policy. A foreign country cannot acquire a US Treasury bond unless someone outside the United States has acquired dollars to pay for them, which is generally done by running a trade surplus with the United States. And when foreigners do acquire those dollars, then like domestic banks they prefer to earn interest, which is why they buy Treasury bonds.

Insolvency, bankruptcy, or even higher real interest rates are not among the actual risks to this system. The actual risks in this system are (to a minor degree) inflation, and to a larger degree, depreciation of the dollar.

And that’s it.

And that’s why everything the ConDems are doing is completely and utterly unnecessary. Because as Galbraith goes on to say, we don’t need to repay the deficit. But if we do we’ll make things a lot worse.

Despite which we’re wasting a generation of people because the Tories can’t be bothered to learn how money works.

No wonder some of us are angry.

 

A briefing sheet on the legitimacy of taxation charges, which coincidentally offers a definition of tax evasion as an abuse of property rights, has been published by Tax Research UK.

It is available here.

 

The following comes from the testimony of James Galbraith on June 30 appeared before the US Commission on Deficit Reduction and is the section of that testimony that had the above title, with which i completely concur:

Markets are not calling for Deficit Reduction; now or later

Let me turn next to a larger economic question. Do deficit projections matter? Are they important? Was the President well-advised to frame the mandate of the Commission as he did?

What, in short, are the economic consequences of a high public deficit and a rising debt-to-GDP ratio, and what (if any) benefits are to be expected from creating an expectation that deficits will come down and that the debt-to-GDP ratio will fall?

The idea that US economic policy should aim for a path of reduced deficits in the future, is shared by liberals and conservatives, and it is, from a political standpoint, a very powerful idea. The Commission’s charter takes for granted that this goal is desirable. It specifies that your objective is to achieve a balanced “primary budget” ‚Äî net of interest payments, by 2015.

Yet your charter does not say why this is an appropriate goal. It cites no study to which one might refer. It does not explain why 2015 is the right target date, as opposed to (say) 2025 or even 2050. It does not spell out the economic consequences — if any — of failing to meet the stated objective.

Does the requirement make economic sense? I shall tackle that question in two parts. The first accepts the view most people hold of the fiscal and financial world. The second reflects, from an operational standpoint, how that world actually works in practice.

Most informed laymen believe that the Federal government must borrow in order to spend. They believe that the interest rate on Treasury securities is set in a market for government bonds. The markets impose discipline on the government. Thus their idea is that “fiscal responsibility” will produce low long-term interest rates and tolerable borrowing conditions for the federal government, while “irresponsibility” will be punished by higher, and eventually intolerable, debt service costs.

Accepting this view for the moment, what does the present level of long-term interest rates tell us? As I write, thirty year Treasury bonds are yielding just over four percent ‚Äî or just a little more than half their yield a decade back. On the argument just given,this must be an extraordinary success of virtuous policy. It seems that Wall Street has made a strong vote of confidence in the fiscal probity of our current policies. This vote is unqualified, backed by money, contingent on nothing. It therefore represents a categorical rejection, by Wall Street itself, of the CBO’s doomsday scenarios and all other deficit-scare stories.

On this theory, it follows that the mandate to reduce the primary deficit to zero by 2015 is unnecessary. Such an action can hardly reduce interest rates — neither short nor long-term — which are already historically low.

But wait a minute, some may say. Yes interest rates are low at the moment. But bond markets are fickle, they can turn on a dime. And what then?

Yes, it is possible that interest rates could rise. But the problem with this argument is that it takes us away from the premise of rationality. If bond markets are fickle and arbitrary, who is to say what they will do in response to any particular policy? In the face of irrational markets, the sensible policy is to borrow heavily for so long as they are offering a good deal. One may say that all good things end, and perhaps they will. But if markets are irrational, then by construction you cannot prevent this by “good behavior.”

The conclusion from this section is that one cannot logically argue that markets insist on deficit reduction. Either the markets are rationally unworried about deficits, or they are acting irrationally right now, in which case they can hardly “insist” on anything.

In Reality, the US Government Spends First & Borrows Later; Public Spending Creates a Demand for Treasuries in the Private Sector.

As noted, the above argument is based on the common belief that the government must borrow in order to spend, and thus that the government faces “funding risks” in private markets. Such risks exist, of course, for private individuals, for companies, for state and local governments, and for national governments such as Greece that have ceded monetary sovereignty to a central bank. But the situation of the United States government is quite different.

The U.S. government spends (and the Federal Reserve lends) in a very simple way. It does so by writing checks — in fact simply by marking up numbers in a computer. Those numbers then appear in the bank accounts of the payees, who may be government employees, private contractors, or the recipients of federal transfer programs.

The effect of government check-writing is to create a deposit in the banking system. This is a “free reserve.” Banks of course prefer to earn interest on their reserves. Thus they demand a US Treasury bond, which pays more interest without incurring any form of credit or default risk. (This is like moving a deposit from a checking to a savings account.) The Treasury can meet that demand, or not, at its option — it can permit, or not permit, the stock of US Treasury bonds in circulation to increase.

So long as U.S. banks are required to accept U.S. government checks — which is to say so long as the Republic exists — then the government can and does spend without borrowing, if it chooses to do so. And if it chooses to issue Treasuries to meet the demand, it can do that as well. There is never a shortfall of demand for Treasury bonds; Treasury auctions do not fail.

In the real world, the government creates demand for bonds by spending above the level drained by taxation from the system. The extent to which those bonds are held locally, or abroad (another common source of worry) depends on the US current account deficit. This also has nothing to do with approval or disapproval by foreign bankers, central bankers, or their governments of American deficit policy. A foreign country cannot acquire a US Treasury bond unless someone outside the United States has acquired dollars to pay for them, which is generally done by running a trade surplus with the United States. And when foreigners do acquire those dollars, then like domestic banks they prefer to earn interest, which is why they buy Treasury bonds.

Insolvency, bankruptcy, or even higher real interest rates are not among the actual risks to this system. The actual risks in this system are (to a minor degree) inflation, and to a larger degree, depreciation of the dollar. However at the moment there is wide agreement that a lower dollar would be a good thing — against the Chinese RMB and now also the euro. So it is difficult to believe that the goal of deficit reduction per se serves any coherent, or presently desirable, economic objective.

We can conclude that there is actually no economic justification for the target of reducing the primary deficit to zero by 2015 or any other date. The right economic objectives are to meet real problems, not those conjured from thin air by economists. Bringing about a rapid end to unemployment, caring properly for an aging population, cleaning up the Gulf of Mexico, coping with our energy insecurity and with climate change are all far more important objectives than reducing a projection of future budget deficits.

Quite so. All comment to the contrary is, I am afraid, based on ignorance.

 

The libertarians are back on the blog – but at least the current wave are trying to be polite.

With them, however, has returned the claim that “all tax is institutional theft”. So let’s deal with this, simply, straightforwardly, and I suggest in such way that is beyond dispute.

First let’s be clear: no modern society has survived without a government. We have seen states without an effective government, such as Somalia. But that society is failing, and at the end of the barrel of a gun. Assuming that this is not the libertarians wish then government is a fact of life that they must accept – as do all mainstream thinkers.

Second, no modern society can survive without property rights that can be protected without resorting to physical violence. Failed states are characterised by property rights enforced by violence. Successful states are associated by property rights enforced by laws passed by governments which can be upheld in courts, set up and maintained by those governments. So, unless libertarians are suggesting that property rights should be enforced through physical violence they must support the right of government to establish, maintain and defend those property rights.

If they do that though they concede to government the right to establish just what the right to property is: no one else has that right. All anyone else can do is establish that they have a right that can be evidenced to exist within the structure of laws that a government has established. But that in turn means libertarians must concede the right of the state to make law.

Once that right has been conceded the state also has the right to make other law: including the right to levy tax to ensure that the system of property rights it has established is maintained by law.But this means that tax laws are created by the same process that creates a right to property: the two are indistinguishable. The right to property is the same as the right to tax: both are simple applications of law.

Of course the legitimacy of both laws is dependent upon the legitimacy of the government: as a democrat I assume a government elected on a universal mandate without interference in the electoral process is legitimate. I assume libertarians do so too: if they do not they have to say so.

In that case then property rights and taxes are equally legitimate. But they are more than that. They are fundamentally related. For example, the right to enjoy residential property in the UK is protected by law. But attached to it is an obligation to pay property tax. The right to be paid under a contract of or for services is also protected in UK law. It does however have attached the obligation to pay the tax arising on that income. In other words, property is not just a collection of rights. It is a collection of rights and obligations. It is not possible to chose the rights and deny the obligations: if you do you lose the rights.

Tax evasion is an attempt to exploit the rights to property without accepting the resulting obligations of ownership. It is rightly illegal.

The argument that tax is theft is related to tax evasion: it is denial of the obligations attached to property. In offering that denial those who promote the idea effectively also deny the right to property without resort to illegality – whether that illegality be the use of force to protect the claim to ownership or the use of deception to maintain it.

In that case the argument that all tax is theft is not just meaningless; it is either plan wrong or it must be seen as an incitement to illegality. And it is undoubtedly an incitement to infringe the property right of another person – for government is in this sense a legal person acting as proxy for us all in community. In that context the statement is something more still, for it is also vey obviously indicative of corruption, whether of ethics or conduct.

All of which makes the claim that tax is institutional theft a profoundly unattractive sentiment worthy of resounding condemnation by all who believe in democracy, the rule of law and society itself.

Jul 052010
 

The first sketch (about a minute in) on the latest edition of the BBC Radio 4 comedy programme The Now Show compares benefit fraudsters and tax fraudsters.

Listen again: http://www.bbc.co.uk/iplayer/console/b00svv6s

It is as sad as it is funny.

 

It’s been another weekend of mad economic news from our government. We now low that some government departments are going to be asked to cut 40% from their budgets.

The logic of this manic cutting is almost impossible to fathom: there is none in any sane economic theory. In that case we have to assume that the coalition believes its own justifications.

The Coalition’s belief that that this process of cutting public sector jobs – with massive private sector knock on consequences – during a time of high and already rising unemployment will reduce the deficit makes no sense: I have shown that. But again, despite the absurdity of doing so, let’s assume that will happen.

And let’s also assume that, as the coalition predicts the size of government will shrink steadily but the size of the overall economy will increase despite that over coming years (even though, again, there is no reason to think that true). So from having the state represent in various ways around 45% of the current economy now let’s assume as the Coalition does that the state sector will shrink to below 40% of GDP and that when this happens GDP growth will pick up and a new equilibrium will be created.

I want to ask a really important question having made these assumptions, and it is this.  What is it that the private sector is going to provide us with in the future which will make us so much better off than the public sector services we enjoy now do?

Try a few of these statements for size:

I want 20,000 fewer police because I want xxxxxxx

I want to get rid of all class room assistants because I want xxxxxxx

I want to get rid of home helps for the elderly because I want xxxxxxx

I want the poorest in our community to be unable to feed their children because I want xxxxxxx

Now what is xxxxxxx?

No one has ever told me. I’ve never even seen the question asked. And I genuinely don’t know what it is because I foresee no technology out there bar green energy that we really need. I see no massive technical advance likely to transform well-being that is crowded out by government activity now. But I quite candidly, know we can live with fewer mobile phones, fewer large cars, fewer plasma televisions and much else besides and be absolutely no worse off.

Put simply: I can see some in society need more of what society has to enjoy but I see no pressing need in society as a whole for more of the “stuff” that the private sector creates, having spent a fortune on advertising to tell us we want it. As a result I just cannot see the private sector now leaping forward to fill this gap in the economy that the government is planning to create. That’s why I am so sure that for every job it cuts there will be two people joining the unemployment register, the second being from the private sector.

Of course if someone could tell me what xxxxxx was I’d be happier with the Coalition’s claims. But I really don’t think anyone can, or will.

In which case the hole in the middle of the Coalition’s plan is revealed. And that hole is simply this: that they have no industrial strategy at all. And that’s a massive problem when you’re setting out to destroy employment with all the energy you can muster because the absence of that bit of the equation says that this is the road to ruin. And that, I fear, is the way we’re headed right now.

 

There’s an excellent article by Jill Segger under the above title in Ekklesia. I offer this sample and recommend the rest:

During my adult life, there has been virtually no national moral conversation about progressive taxation. Progressive people have permitted their approach to be dictated entirely by the ideological Right. In default of a socially responsible voice making the case for income tax, it is now almost universally perceived as a burden to be avoided or evaded. Many libertarians delight in presenting it as something approaching an insult to personal liberty. An increasingly consumerist and individualist culture which tends towards indignation at anything it finds personally inconvenient, provides a receptive audience.

Because Labour has lacked the moral courage to challenge such a distorted and solipsistic view, it has always been on the back foot in responding to the Tory policy of tax cutting. Instead of presenting an unashamedly different and ethical approach to the funding of the services of a civilised democracy, it has squirmed and equivocated to its own detriment and, worse, to that of the moral vision of successive generations of tax payers. There are now two post-war generations who no longer understand income tax as being the subscription fee to the decent society.

As the author concludes:

Osborne has said “ I did not come into politics to raise taxes. I came into politics to do the best for the country”. That he depicts these as mutually exclusive indicates the moral impoverishment of our politics.

 

Jersey has claimed in its discussion document on a new scheme for corporate taxation in the island that it has a “good neighbour” policy with regard to tax.

With the greatest of respect to those who who wrote the report that argument is unsustainable. I explain why in my new report, Plan B for Jersey.  As I note there, Jersey has not ever really acted as a good neighbour to any other jurisdiction, anywhere, with regard to tax. That is because of the combination of a number of factors.

The first is that Jersey persists in the view that a company incorporated in Jersey is not resident in the island even if its directors are located there, its registered office is there and all its book-keeping and other administrative functions are located there. This practice is contrary to any normal state law on tax residence, a point which Jersey persistently ignores. But there is more to it than that. Jersey maintains this is possible because despite all these indicators of residence it claims that if the substance of the transactions of the company, which prima facie appears resident in Jersey, are actually elsewhere then it is really tax resident in that other place where that substance occurs. There are, however, two obvious conditions that must be satisfied for this to be true.

The first is that Jersey satisfies itself that the company is indeed declaring itself resident in that other place and is paying tax there. However, Jersey never asks that question. Jersey does not say as it should:

This company claims not to be “here” in Jersey so it must be “somewhere” else so let’s find out where that “somewhere” is and make sure that country knows about it before agreeing they’re not “here” in Jersey.

Instead it says:

This company claims not to be “here” in Jersey so let’s take their word for it and just assume they are “elsewhere” even though we have no clue where that “elsewhere” might be.

This is the first fundamental flaw at the heart of Jersey’s corporate tax system. This is not an accident: this is a deliberate turning of  a blind eye to tax evasion.

The second is that Jersey makes sure that it is as hard as possible for the other place that is “elsewhere” but unknown to the Jersey authorities to secure the information they need to tax a Jersey company that undertakes the substance of its transactions in their territory.

Jersey ensures that this near insurmountable obstacle, which will persist unchanged in the era of Tax Information Exchange Agreements because of the massive information hurdles they place in the path of an enquiring tax authority, still exists and it does so deliberately. That is what makes Jersey a secrecy jurisdiction. 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 the case of Jersey the obstacles are:

   1. The fact that company beneficial ownership is not on public record;

   2. The real directors of the company who control its operations in that other place where it really undertakes its trades are almost never on public record;

   3. The accounts of a Jersey company are not on public record;

   4. Jersey has deliberately created a scenario where a non-resident company never has to submit its accounts to the Jersey authorities so no record of them is ever in its possession;

   5. Because those accounts are never submitted to the Jersey authorities it never has to ask about them;

   6. Indeed, it never has to check that the company has such accounts at all;

   7. And finally, it has deliberately given up seeking information on beneficial ownership of companies, ever.

This means that Jersey is a perfect jurisdiction from which a trade may be pursued in another country by a Jersey registered company without that other country ever knowing about it and with Jersey denying all knowledge and responsibility for that fact.

This is the deliberate abuse which the Jersey corporate tax system is designed to facilitate and which none of the proposed changes it is currently  suggesting will overcome, and which many make worse. Unless this flaw is removed there remains real risk that Jersey will remain a pariah ion the international stage and will not attract new business.

And that’s the plan Jersey is offering its people.

It’s really not a very attractive option.

 

Jersey is in a profound mess. Its finance industry is failing, with funds under management rapidly leaving the island and the profits of its finance sector falling by fifty per cent in 2009. Worse still, it faces a government spending deficit of at least £100 million a year representing 18% of its total annual government income unless radical reforms take place soon. To compound matters its corporate tax system faces being ruled unacceptable by the European Union, threatening another £120 million of its state income.

In the face of this crisis the government of Jersey has begun a fiscal strategy review. It has suggested increases in personal taxes amounting to £50 million a year and cutting government spending by the same amount will solve its problems, whilst adopting a new corporate tax system and planning for growth will keep the economy in balance.

There is however a fundamental problem at the heart of this plan: it does not address the fact that Jersey’s one and only major business – offshore finance – is failing in its current form. As such making choices on raising taxes are largely irrelevant because there may be little to tax if urgent action is not taken by Jersey to transform its future.

I have therefore written a new Tax Research UK Briefing that propose Plan B for Jersey – the alternative industrial strategy it has never had. This is a radical plan, but one which builds on Jersey’s two competitive advantages, the first of which is its ability to legislate and the second of which is its ability to arrange and administer financial structures. It exploits those strengths by turning the entire logic of the past history of Jersey as a finance centre on its head. Instead of basing that offshore activity on secrecy – as historically Jersey has always done – it suggests that Jersey should base its future activity on radical transparency.

This transparency would be total: everything about finance in Jersey would be on public record and automatic information exchange would be offered to all who wanted it unless human rights were threatened as a result. Far from being a secrecy jurisdiction as Jersey is now it would trade on the exact opposite – as being the most transparent place to do business in the world.

The economic reasoning for this is easy to explain: transparency reduces risk. Many people appear to need the tax neutrality (or no tax) structures Jersey offers because of the complexity of the interaction of tax laws of other, more populous, countries, but the secrecy Jersey offers at present attaches risk to those structures, and this increases their cost for users. If this risk, and so cost, were removed by total transparency people using Jersey would as a result be willing to pay Jersey itself more in fees because transparency was offered and more in fees to companies based in Jersey who would manage these structures if, uniquely, those structures were completely transparent.

As a result of offering total transparency Jersey would move away from being tainted as tax haven. This would be of enormous advantage to it.

And Jersey would as result secure new business because there are large numbers of companies who want to use offshore but do not want questions asked about why they do so: they can justify the use openly and legitimately, they say, and would appreciate the transparency Jersey would then have on offer to let them answer all questions that might be put to them.

And this in turn would ensure new profits were available in Jersey to be subject to corporate income taxes charged on a territorial basis that would meet the requirements of the European Union. There would in addition be a plentiful supply of new employees wanting to work offshore in Jersey untainted by the stigma of secrecy who would be willing to pay higher social security and income tax charges for the benefit of having an easy conscience.

This then is Plan B for Jersey – a truly new opportunity for it to create a market that would be all its own from which it could profit and which could provide it with long term sustainability.

Jersey may not opt for Plan B but if it does not then we will know two things. The first is it will surely fail as an independent jurisdiction: no place can run deficits forever, least of all if it expects the UK to bail it out – as the UK must, constitutionally. The second is that we will know secrecy is too important to Jersey to give up and that in turn will tell us that the secrecy is actually the bedrock of what it does (whatever it may now claim) and it will automatically follow that we will know that illicit transactions are the real foundation of its finance industry, again, whatever it may say to the contrary.

So this is a time for real choice: Jersey can turn its back on its past, hold its head high, and even ask for international financial assistance to transform its finance industry and so secure for itself an ongoing income stream that should last well into the future where transparency becomes the foundation of all it does and legitimacy is the guarantor of its well being.

Or it can carry on with secrecy and face a desperate future.

Those are Plan B and Plan A respectfully. The Jersey government has only presented the people of the island with Plan A as part of its fiscal strategy review. But Plan B is now on the table.

Jersey has to decide, is it A or is it B?

It may be the most important decision it’s made for a long time.

© 2005 - 2011 Tax Research UK.
Some rights reserved. Creative Commons License
Suffusion theme by Sayontan Sinha