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At number 25

January 9th, 2009

Someone has just drawn my attention to Accountancy Age’s Financial Power List for 2009. Of this it says:

In a year that will shape the future of the global economy, we look at the names to watch in 2009

And at number 25?:

Richard Murphy, tax campaigner, Tax Research Network

The public face of tax campaigning is often criticised for his controversial approach to tax issues. Of particular importance to Murphy is a globally recognised crackdown on low-tax jurisdictions, and his efforts in highlighting the issue have arguably lifted its importance on the government’s agenda.

Looks like they can’t decide if I’m Tax Research or Tax Justice Network on this occasion, but either way I make the customary, but totally appropriate point that this reflects the work of an awful lot of other people too, not least John Christensen and Prem Sikka. And my wife too - easily one of the most important but wholly unacknowledged people in this campaign.

It would also be good if they stopped referring to tax havens as low tax jurisdictions. They’re not. They’re promoters of regulatory abuse behind a veil of secrecy - which is something quite different - and tax is just one of the areas in which they undermine democratic governments in fulfilling their mandates.

Richard Murphy Accounting, Richard Murphy

Richard Murphy on TaxationWeb

July 24th, 2008

I’ve been remiss in drawing attention to a new column I am writing elsewhere, on TaxationWeb.

The column will have a different tone to the blog style used here, and be more discursive in nature.

My first entry is here, and gives an idea where this feature should be going. I will link to future columns as they appear.

Richard Murphy Richard Murphy

Time to say goodbye to equities

July 6th, 2008

In 2003 I co-authored a paper with Colin Hines and Alan Simpson MP called People’s Pensions: New Thinking for the 21st Century. It was published by the New Economics Foundation and attracted some attention at the time. In it we argued that less than 15% of the total amount paid into pension funds was used to fund new investment in companies or buildings, whether for commercial or public purpose. The rest was used to fund stock market and other speculation. That speculation was used to fund the City of London, the financial services industry and the excessive salaries paid within that industry which had led to the over heating of the economy of the south east of England.

We argued that this was irrational. To invest 85% of pension funds speculatively rather than to use them to create new assets needed by either the private public sector was absurd, and represented a form of institutional gambling. This we said underpinned the UK’s private pension provision, and the crisis within it because it was irrational to place people’s long term savings in the hands of those interested in short term market movements. In addition, the process was almost wholly unproductive as most new saving did not go into new investment in real things such as industrial investment but was instead used to purchase existing shares, a process that simply moves money from one financial institution to another, and from which the company that issued the shares does not benefit.

We proposed a radical, but thoroughly prudent alternative that would guarantee pension money would be used to meet the long term needs of society and so earn a return for those in retirement based upon value added for the community as a whole.

The solution we proposed was ignored because, as will always be the case with the current pension system, the inevitable and inexorable monthly flow of funds from pension funds into the equities market guaranteed that following the crash in 2003 the market began to rise again because the supply of new equities is deliberately restricted to ensure that the price of those second-hand shares in issue must rise for a period of several years until a crash can be guaranteed again to correct the obvious and inherent overvaluation that always happens due to the perpetual inflow of these funds into an unsuitable investment media.

Nothing changed as a consequence but our logic was right: the market is falling again at present, and will do for some time to come. But what I was really interested in noting today was a report in the Observer newspaper which said that:

Stock-market historian David Schwartz says : ‘It is one of the biggest myths that shares offer generous returns provided your time horizon is a long one.If you look at average annual returns from 1900, stocks come in at about 1 per cent; it is only if you re-invest dividend income that the figure rises to 4 or 5 per cent.’

Staggering, isn’t it? The City is supposed to be the biggest wealth generator in the UK these days. We pin our hopes on it. And yet the result that it achieves is at best described as pathetic. So much for the market.

People’s Pensions might provide a radical alternative, but if funds were invested as we suggest then there would be schools, hospitals, transport systems, environmental infrastructure, local heat and power schemes, coastal defences and other essential capital projects that this country needs, all paid for out of pension funds that could guarantee a better overall return than the City is clearly capable of delivering.

If you are looking for more than 1% from your pension fund then give People’s Pensions a read.

Richard Murphy Economics, Pensions, Richard Murphy

Creating Turmoil: why it was written; what it says.

June 30th, 2008

The Treasury Committee (TC) announced on 30 April 2008 that it had “decided to undertake an inquiry into Offshore Financial Centres, as part of its ongoing work into Financial Stability and Transparency” and asked for written evidence to be submitted .

Writing a 73,000 word submission was not on my agenda at the time. In fact, I was meant to be completing the text of the book I am co-authoring for Cornell University Press (the 100,000 word text of which will go in, on time, today). And yet there appeared to be no choice but respond to the call with a comprehensive submission. As we in the Tax Justice Network were immediately aware, many of the tax havens would submit evidence about what wonderful places they are. We suspected some major financial services companies might want to say much the same thing. The result was I set to work, with remarkably little overlap arising between the two volumes on which I was working.

The result is a major new work on tax havens in which I argue that it is a mistake to confuse the term ‘Offshore Financial Centre’ (OFC) with ‘tax haven’. These two are quite separate and distinguishable if intimately related phenomena that jointly make up the offshore economy.

The power in this relationship lies with OFCs and the companies that work within them, not the tax havens, so the focus of regulation must shift onto limiting the powers and impact of OFC operators within the global economy.

Tax havens are places that create legislation designed to assist persons - real or legal - to avoid the regulatory obligations imposed upon them in the place where they undertake the substance of their economic transactions. This is not by accident or chance: there is clear evidence that these places, some of them countries, some not, but all with the power to pass legislation, set out to undermine the impact of legislation passed in other jurisdictions. These are deliberate acts of economic aggression targeted at sovereign states.

Offshore financial centres are not the same as tax havens. OFCs are the commercial communities hosted by tax havens which exploit the structures that can be created using the tax haven’s legislation for the benefit of those resident elsewhere. In other words, the offshore financial centre is made up of the accountants, lawyers, bankers, plus their associated trust companies and financial intermediaries who sell services to those who wish to exploit the mechanisms the tax haven has created.

Until now all attempts to regulate the offshore economy have been focused on tax havens. This has been a mistake. Tax havens are geographically located and have fixed spheres of influence. OFC operators, many of them multinational companies or banks, and some like the Big 4 firms of accountants present in every major and most minor tax haven jurisdictions around the world, can move their operations to wherever they want at a moments notice. They have used this power to threaten to leave any jurisdiction that does not comply with their wish to secure the legislation they desire. This has recently been used as a tactic in the UK, itself a tax haven.

The result has been that in the last decade new and highly abusive forms of offshore company and trust have been developed. These evolutions have been little documented and much less understood, but have allowed both companies and trusts to float free of almost any regulatory control. Again, this did not happen by chance. It is the OFC operators who have demanded and secured this benefit on behalf of their clients.

The consequence is obvious: whilst tax haven regulation is important it is impossible to expect the tax haven states to regulate the OFCs that operate from within them. Those OFCs hold all the power in this relationship. In effect they have taken these states captive, showing in the process complete indifference to the local populations of these places and their elected representatives. It is not by chance that the degree of compliance with tax haven regulation that OFC operators demonstrate in their behaviour is astonishingly low, since they appear to consider themselves beyond the law of these places.

But this is not only the case in the archetypal micro-states that populate the tax haven world in popular perception. As we are now seeing this behaviour is being replicated in the world’s major tax havens, of which, the UK is without doubt the most important. It is no longer possible for any objective person to deny the obvious fact that the UK is a tax haven and that the City of London is an OFC seeking to exercise control over our state. The evidence also shows that the City of London is also intricately connected to a web of satellite tax havens spread across the globe, including Crown Dependencies, British Overseas Territories and various members of the Commonwealth, which have served as conduits for capital flows into London whilst also providing facilities for tax evasion on an industrial scale.

The consequences are easy to see. The developing world is denied the capital resources it needs to establish stable, self supporting democracies. The UK’s tax base is eroded and in the process its own democracy is threatened as electors note that large corporations representing nothing but the power of money seem more important to those holding office than their constituents. Corruption is enabled. Crime can take place almost unimpeded. These are the realities of tax havens, even if, as I acknowledge, the race to the bottom in taxation has been averted (as yet) as a consequence of the sheer exuberance of the boom economy we have enjoyed until recently.

That boom has now passed though and exuberance has given way to turmoil. Hard times are upon us, just at the very moment when the consequences of tax and regulatory avoidance are impacting most heavily on the UK economy. The cost of tax havens is now becoming very apparent indeed.

Thankfully this is a problem for which there are solutions. I will be tackling those that we recommend during the rest of this week.

Richard Murphy Corruption, Regulation, Richard Murphy, Tax Havens, Tax Justice Network

The arrogance that has sunk UBS

June 29th, 2008

UBS is fighting for its survival, not just in the US, but quite possibly around the world following the exposure of the corporate corruption at the heart of its tax practise in the USA. But in the Observer today a senior UBS official is quoted as saying:

It does look bad. Everyone is pretty upset.

The Swiss government will not allow its wealth management to be badly damaged by this. I think the US government has to be very careful how it deals with foreign companies… The US, of all countries, needs foreign investment. It won’t shoot itself in the foot. A lot of shareholders in UBS are US funds.

It is staggering that in the face of unambiguous evidence that UBS has been deliberately undermining the taxation revenues of the US that some of its senior management still believe that they can hold that country to ransom and get away with the crimes they have committed as a result.

I will have a lot more to say about this over the next few days, but in a separate article in the Observer today, this one with regard to the hearings of the Treasury Select Committee on tax havens which start on Tuesday I was quoted as saying:

As banks have become more powerful the core issue is: do tax havens have the ability to regulate them? Clearly they don’t.

In fact, it would seem many in bank management believe they are entirely beyond the regulatory process, anywhere, and can hold anyone to ransom to secure the commercial advantage they want irrespective of the law. I think that they are in for a rude awakening, and soon.

Richard Murphy Corruption, Richard Murphy, Switzerland, Tax Havens, Tax Justice Network, Tax evasion

Me, an extremist?

June 24th, 2008

I was intrigued by a comment that I noticed had been posted on AccountingWeb. In response to comments that I had posted Steve Pipe, who advises accountancy firms on how to maximise profits, said:

the only thing we really differ on is the judgement call as to what constitutes “acceptable tax planning”.

You clearly take a very principled (and extreme) stance on this - which I respect - in that you believe that anything other than what you label as “tax compliance” is immoral.

I on the other hand take a different (and I think more moderate) stance

I always find it odd when I am described as an extremist. Tax compliance is in my definition paying the right amount of tax (but no more) at the right time and in the right place where right means that the economic substance of the transactions undertaken accords with the form in which they are reported for taxation purposes.

To put it more straightforwardly, I am saying that people should pay the tax that they owe.

What I want to know is what is extreme about that? It seems to me that this is exactly what society expects of each and every person who lives within it.

What I also want to know is what a more moderate interpretation of this might be? Could it be that a more moderate version might mean paying most of the tax you owe, with some of it paid in the right place and at least part being paid when due to, with no structure being used being so abusive that it might land you in court? I think that a reasonable approximation, and to be candid one which many accountants would endorse, although I am not saying that Steve Pipe does.

But ask yourself this: which of these is ethical? Which of these can sustain our society? Which of these shows respect for the law? Which of these could be honestly upheld?

The answer is obvious.

I am not an extremist. I am just asking that people do what they would expect of others. Unless, of course, that other person was an accountant. Only in their distorted view can I be described as ‘extreme’.

Richard Murphy Ethics, Richard Murphy, Tax avoidance, Tax compliance

Bill Dodwell is busy

June 13th, 2008

Accountancy Age has noted my challenge to Bill Dodwell, head of tax at Deloittes, and put it on its back page:

Which gives me the perfect opportunity to provide an update on Bill’s response. He is, he says ” sorry that I do not have time to meet.”

What, never? Your diary is booked form now to eternity Bill? Amazing.

PS Yes, you’re right AA: some claim tax rates have fallen around the world. But if you’re a little more statistically sophisticated and weight these things by population or GDP per head you’ll find that it’s not by nearly as much as thing’s like KPMG’s tax rate survey would imply. In fact, it’s not by very much at all. Certainly not enough to explain that graph, which was, after all, for UK companies. And the UK tax rate was a constant throughout that period and so were the companies in the survey.

That question does need answering, not least because some of the data in the survey was audited by Deloittes.

Richard Murphy Deloittes, Richard Murphy

Is it Time for Tax Justice?

June 3rd, 2008

Richard Murphy Richard Murphy, Tax Justice Network

Complex solutions are needed

June 2nd, 2008

Several years ago the Washington Times used an editorial to accuse John Christensen and myself of being Fabian socialists. It was an interesting allegation, not least because it was, like most of what that paper writes, wrong. I had until a few weeks ago never been to a Fabian meeting, and have never been a member. Nor do I consider myself a socialist.

It’s true I’m a social democrat. I’m proud to be so. I am committed to democracy. I believe that one of its achievements is the creation of the best environment in which markets can flourish, and I believe that an important contribution to human welfare. But I am adamant that however useful markets are there are limits on the contribution they can make to well being. In the supply of many goods and services, such as law and order, health and education there is, if we are to meet the needs of all in society, no chance that we can create sufficient viable excess capacity to provide choice within the constraints of geography and the need for consistency. This means the market cannot meet demand in these areas, and never will play more than a peripheral role in meeting these needs. That’s why pretending that there is or can be a market in such services is just that, a delusional pretence.

So, whilst I am of the opinion that there is a choice in all things, I am equally sure that the best choice is not always the market model. Instead the optimal choice will, in many cases, be to use other mechanisms for the delivery of the services society needs. Indeed, that will usually be the case for the most important things people need, bar housing, which seems to be just about the only sector where state and privately owned delivery mechanisms co-exist without difficulty.

Consider for example the supply of clean air, water, a regulated supply of energy (and it must be regulated for exactly the reason I note above: there is little chance of creating real excess capacity in this sector as a whole to provide for choice in this market, whatever the free market proponents might claim), health, education, law and order, defence, transport (oh yes, this is regulated too - not many of us could get around without the infrastructure only the state can now supply). All these need to be supplied by effective forms of government owned enterprise. And there is no inconsistency in that description: enterprise is a trait of human nature, not of ownership. Food apart it’s only the froth on top of these essential products and services that the market can effectively supply. When the proportion of the private sector activity dedicated to meeting the needs of the state owned sector is taken out of account, this froth is a surprisingly small amount of the economy.

Now, there’s nothing wrong with froth. I know there are those who like cappuccino and swear by the stuff. My point though is simple: nice as froth is, it is the ‘extra’ in life. Of course it’s also the fun bit, as a result. It’s the bit where we like to believe we express our individualism, it’s the place where we think we have autonomy. As a result it’s the bit to which we dedicate much effort. We remember and even concentrate on the peaks in life, not the mundane bits. It just so happens it’s the mundane that keeps us going.

What’s the relevance of all this? Well I note a chap called Phil Collins (no, not the drummer) has warned Labour in Prospect magazine that it is ‘treading a path to tragedy’ if it places its faith in the ‘deep poisoned well of the Fabian position’, that he describes as left wing.

Of course that would be true if that faith were to mean that Labour went back to nationalising. 98% tax might not be too good an idea either. But let’s be clear what this former speech write for Tony Blair really means. He says the choice is between liberal and authoritarian models now, not left and right.

I’m entirely willing to believe that old left and right divides are of little relevance. I rarely find them that useful, except when describing extremes of either dimension, neither of which I find attractive. But when the only organisations with any power committed to old style Stalinist command and control operations based on five year plans are the world’s largest corporations, who almost without exception still use authoritarian top down command structures that stifle almost all creativity, then it is obvious that the old style categorisations of economic structuring are inappropriate now. However, to suggest that a contrast between liberal and authoritarian approaches is the new divide, and that all political parties must be on the liberal side is an extraordinary claim.

It’s also wrong. What is not needed now is another round of knee jerk simplicity in the political posturings that are on offer. I genuinely believe that people know that the world is not simple. The evidence is all around them. I genuinely believe that what people want are leaders who can guide them through that complexity. They do not want leaders who patronise them with visions of simple solutions that seem like instant fixes but which lack credibility. We’ve had plenty of those during the drive for market based solutions that have, unfortunately, united left and right, liberal and authoritarian over the last couple of decades. Those simplistic solutions have been a disaster. Take PFI as a start point, and the disastrous imposition of a market model on the NHS, which has massively inflated its costs. But also take the failure to properly regulate financial markets, so allowing them to externalise their risk onto ordinary people through the likes of the Northern Rock debacle. The examples are legion. The costs of failure have been high for all but the wealthiest, who have won from the control of resources within the economy this structure has given them.

The simple fact is that liberal, unregulated activity is a threat to well being in many cases. Those cases include all the situations, noted above, where the market cannot operate, and in some where it can. The latter is the case because the market is highly imperfect in the way it operates and completely fails to price externalities as a result. Most of those externalities, be they the deaths of innocent members of the the work force, or damage to the environment, can only be prevented by regulation.

Is it authoritarian to say so? I don’t think so. I believe that it is only regulation that can protect people from the unforeseen, that can provide them with redress when things go wrong, and that can provide the underlying guarantee to those who take risk in the market that if all else fails they will not lose everything. This is, of course, what happens in social democracies when the welfare state also provides that assurance to those who take the risk of working in the market. This is fact known, implicitly, by all under-capitalised employers who rely on this assurance as a form of unpaid for capital that protects the staff who work for them.

What’s the case right now is that people have lost that faith in the quality of that assurance. They have lost their faith that the NHS will deliver because it is bound up in a market model that seems to have endless capacity to create beauracrcy. They have lost faith in education because teachers have been told that the only thing that matters is the ability to deliver pupils as fodder for the workplace, when instinctively those pupils, their parents and those teachers all know that education is something quite different from that. They have lost faith in the financial support mechanism of the state that is delivered in too complex form for them to understand how it works, or for them to know to what they are entitled, so leaving them in perpetual doubt as to whether they have received what is their due. They have lost faith in a government that has not regulated big business, and yet runs afraid of it.

Does this mean we need a more liberal approach? It seems only too obvious to me that such an approach cannot provide the solution. That way lies the route to more social disparity, more division in society, more stress, more violence, poorer eduction outcomes as the reason for the young to commit to the education process becomes ever harder to find, and especially for young men for whom there is no obvious future in work. Worse the liberal way guarantees there will be losers in the system. This means some know they will never earn respect within society, and that is the basis for their rejection of it, and all it stands for. That is the cause of our social malaise.

Of course pure authoritarianism is not the answer either. Nobody could believe that. That solution will not work either. But a society which sets out to establish greater equality of wealth and income, more opportunity for all and a structure which places the emphasis on outcomes and not on process (which is what the current market obsession does) will require regulation to achieve that goal. I can live with that regulation. I believe people will as well if the result is that the outcomes I suggest desirable are delivered. I think that possible. The reason far saying this is simple: it happens in other countries, including the Nordic states. People there are willing to pay more in tax than we do to achieve it, have higher standards of living and happiness as a result. None of that can be sustained for long on a liberal model, as they’re finding when they risk liberal governments.

This means that the last thing Labour needs to do now is continue the liberal approach that has failed it. What is needed is belief in the complex reality called society. If the Fabians have in their time represented that value, so be it. Phil Collins has this horribly wrong. Unless Labour leaves behind its liberal guise it is rightly doomed. It has to be the party that shows real commitment to the solutions social democracy can deliver, and that nothing else can. Because this is the one model that recognises the complexity of people and their aspirations, of economics, of the inter-action between state and private sectors. And in all this it is the assurance that proper regulation can provide the necessary underpinning for the risk that we humans need to take to live life adventurously that is essential.

It is this assurance that social democracy can offer. It is a complex prescription for a complex problem. It seeks to empower people to achieve their potential. It protects ordinary people, and not just big business, from the ultimate risks of failure.

I am looking for politicians brave enough to deliver that complexity. And they could, as they have in the past, come from any of the main political parties. That’s why old notions of left and right are wrong. It’s why a simple liberal / authoritarian divide is naive and wrong. And that’s why these are existing political times.

Richard Murphy Richard Murphy, Tax Justice Network, Tax management

600,000

May 16th, 2008

My site stats suggest that this blog has passed the 600,000 reader mark.

Not bad in 23 months.

Thanks to all who have been here.

Richard Murphy Blogging, Richard Murphy