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Tackling tax havens through art

24-Jun-08

This evening there is a private view for a new exhibition of art in Jersey. Some is from my friend and local activist Pat Lucas. More is from a nun, Sister Peter. The theme of the exhibition is Jersey, Island of Beauty and Contradictions.

Pat’s works emphasise this with regard to the tax haven status of the island, and the official view of that role.

Take this one:

I think the message is clear: Jersey remains under occupation, but this time by the financial services industry.

And consider this:

This is the door of the Catholic church at which Pat Lucas and Sister Peter worship: a church in denial about what is happening in the island, not least because States Finance Minister Terry le Sueur also worships there.

The words are apt:

£40 billion - tax lost to the developing countries each year as a result of tax avoidance by the rich and multinationals

Jersey is a tax haven - What’s the Church’s response?

Tax lost to the UK each year £25 billion - same reason

It takes courage to challenge the establishment of the island in which you live in this way. It takes courage to challenge your own church in this way. Pat and Sister Peter do not lack for courage.

Sale proceeds from the exhibition go to fund the Sister’s work in Africa. I wish them many red dots!

HMRC’s new boss

24-Jun-08

It has been reported that:

HM Revenue & Customs (HMRC) has named private equity executive Mike Clasper as its new chairman.

He replaces Paul Gray, who quit after an embarrassing scandal that saw the HMRC lose the personal details of 25 million child benefit claimants.

Taking up the post on 1 August, he will be responsible for overseeing HMRC’s corporate governance. He will also help select the first chief executive.

He will join from Terra Firma, which recently bought record label EMI.

Mr Clasper was formerly chief executive of BAA, the airports operator, until July 2006.

I wish Mr Clasper well with his new job. I just wish that I could be confident that he was the right man to do it.

I am not being personal in saying that. I presume that he has all the characteristics that were looked for by the selection panel. What I seriously doubt is whether that selection panel was wise in determining what they wanted based upon the evidence of the person they selected.

Let me explain this. The private sector works on a model where failure is accepted as a possible outcome from a venture. It is assumed that if failure occurs it is either because the public do not require the service that the enterprise set out to supply or because it was not good enough at supplying it and the public chose a better alternative to meet their needs. In either case failure is acceptable because it reduces the burden of misallocated resources. I cannot imagine an economic activity where this is better demonstrated than in private equity, from which Mr Clasper has come.

This management approach is wholly unacceptable in the public sector. There are two reasons why an activity is undertaken in the public sector. It is either, as is the case with HM Revenue & Customs that the service is one inextricably linked to the state and only the state can undertake it, or as is the case with the health service, for example, that the state must supply the service because society at large cannot afford the creation of the excess capacity that would allow for the existence of meaningful choice for all in the supply of that service.

Whichever is true this means that a fundamentally different management approach has to be adopted in the management of these state supplied services. A culture of failure cannot be tolerated in their supply. In these cases failure has a real cost to society. In the case of HM Revenue & Customs, for example, if cash is not collected then cost is imposed upon society at large and the likelihood of dissent in society is increased. In the case of the health service failure to supply, even at a local level, causes a real hardship for people. The option of walking away does not exist therefore. The only acceptable level of outcome is success.

I am not convinced that most private sector managers understand this. That is why we have talk of cost efficiency when in practice this is very often in conflict with the supply of the level of service that is required if success is the only acceptable outcome. That is why we have talk of schools closing when this is obviously nonsense: children will still need to be taught even if their school closes. What closure actually means in this case is the replacement of unsuccessful management with those who might supply the acceptable level of service. So why can’t we talk about that?

I really do hope that Mr Clasper understands that whilst in the private sector the lowest level of service that can be tolerated in exchange for the maximum revenue that can be charged is a valid management model this is simply untrue in the public sector where the economics of supply are fundamentally different. Marginal costs in the public sector are very often negligible. Marginal revenues are usually non-existent. Total fixed costs are enormous. None of this fits with the conventional model of economic management that the private sector users. That is why a different technique is necessary.

I hope that he can get his head round this. His background does not give me cause for optimism. And in the meantime, if he does not the damaging round of Revenue office closures, untested computerisation, and withdrawal of essential service that the public need to ensure that they can pay their tax and get help from people they can understand will continue. Those are the big issues he has to address if this organisation is to restore its credibility, its morale and its effectiveness.

I wish him luck.

Why Low Capital Gains Rates Punish Family Business Ownership

24-Jun-08

This is from the States again, but is another article that translates well:

The hoariest of tax chestnuts is that capital gains need to be taxed at a lower rate than labor to encourage capital formation and grow the economy. Because US economic growth depends on the growth of family businesses and entrepreneurs, rather than international corporations whose stock is publicly-traded, lowering capital gains threatens economic growth not enhances it. Low capital gains rates lower the cost of capital for international corporations by raising the price of publicly-traded stocks. Family business owners and entrepreneurs rely on bank financing to start and usually finance growth from their earnings. Under current law, however, grocery store owners, for example, would pay a 35% income tax on any profits from reinvesting in their own businesses, but only a 15% tax if they invested in one of their large public company competitors like Walmart or Target. This shows the failure of the current tax system.

I know that small enterprises in the UK do enjoy the lowest capital gains tax rates, but that rate only applies at the point of sale. Very few small businesses are created with a sale in mind. It is a distortion resulting from the involvement of private equity in this market that has given rise to the notion that every entrepreneur starts their business with an exit route in mind.

Most are unincorporated and pay tax at rates of up to 40%. Capital gains derived from sharedealing are taxed at 18%.

As has been pointed out in the US article noted above, this makes no sense and must mean that capital is misallocated to sharedealing when it would be better used promoting small business.

That’s another good reason why capital gains should be charged at income-tax rates.


Me, an extremist?

24-Jun-08

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’.

The tax debate

24-Jun-08

I like this:

Our national debate on tax, such as it is, suffers from “experts” who typically know little to nothing of the history, practical rationale, moral basis, or economic benefits of tax. Their expertise is in delivering memorized talking points, not imparting understanding.

It’s true: the fact that it was written of the USA is beside the point. This is an occasion when the translation is perfect.

It was written by David Cay Johnston who is starting a new column for Tax Notes in the US and quoted on the invaluable Tax Prof Blog.

As Johnston says:

The purpose of this column is to challenge and provoke readers, to stimulate them to think deeply about how we distribute the burdens and the benefits of government. The hope is to encourage the reader to question what he believes and to ponder what could be, whether it is thinking inside the box or out, but never just checking the box.

That’s not a bad summary of what I’m trying to do as well. It so happens that Johnston comes from a broadly similar position. And any man who can call the Centre for Freedom and Prosperity the ‘ tax cheats lobby’ as my vote. He did in his book ‘ Perfectly Legal’.

KPMG to HMRC: can you approve our abuse of the UK tax system please?

23-Jun-08

KPMG have just published a case study on the new Advance Thin Capitalisation Agreements available from HM Revenue & Customs. The case study lays out the following scenario:

So “let’s start with a wholly artificial structure and let’s ask HM Revenue & Customs to agree all is OK” would appear to be KPMG’s opening gambit.

Good, isn’t it?

Incidentally, the stores subject to Tesco’s sale and lease back are now partly owned by a JPUT. No coincidence though, I’m sure.

Is it time for tax justice?

23-Jun-08

Should the super-rich pay more tax? Are tax havens causing global poverty? Do low and middle-earners need a tax break? Should fair tax be the centrepiece of the Government’s programme?

Is it Time for Tax Justice?

a seminar presented by: tuc, christian aid, tax justice network, child poverty action group, war on want, ippr, fabian society, progress, oxfam, compass, actionaid, barnardos, demos

Speakers

  • Rt Honourable Peter Hain MP
  • Brendan Barber, General Secretary, TUC
  • Polly Toynbee, Columnist, The Guardian
  • Richard Murphy, Director, Tax Research

Chair

  • Kevin Maguire, Associate Editor, Daily Mirror

Date 6.30 - 8pm, Wednesday 2 July 2008

Location Church House, Deans Yard, Westminster, London, SW1P 3NZ

(map and directions at: www.churchhouseconf.co.uk/findus/index.shtml )

RSVP to taxjustice@tuc.org.uk or call 020 7467 1204.

Demand for places is expected to be high and will be allocated on a strictly first come, first served basis. Entry is free and all are welcome.

Ireland faces EU exit?

23-Jun-08

I have mentioned, mainly in del.ic.ious comments, the real possibility that in my opinion Ireland might be expelled from the European Union. I was, therefore, intrigued to know that Wolfgang Munchau raised the same issue in the FT this morning. He said:

within a couple of weeks, the chances of Ireland ending up outside the EU have turned from zero to a distinct possibility. The same goes for the Czech Republic, another potential non-ratifier. I do not want to get into the legal details of how a country’s departure from the EU could be accomplished. Suffice it to say that it can be done within European law as long as there is political will.

What strikes me the most about this extraordinary turn of events is the perception in Ireland that a break with the EU would be no big deal. I received a large number of letters from Ireland last week from readers who steadfastly maintain that the country’s economic success had nothing to do with the EU and everything to do with domestic policy - in particular with low corporate taxes and skilled labour.

The view expressed by those correspondents is as wrong as it is revealing.

I absolutely agree with him. There is an absurd belief amongst the Irish that tax innovation has created their wealth. That is most certainly untrue. What their tax innovation did was steal taxes due to other countries; worse, it contributed to poverty elsewhere. That is at best only a measure of relative wealth, and a decidedly poor one at that.

Ireland broke out of its pre EU sloth for two reasons. First it had an enormous army of well-qualified young people, whose education was paid for by the State. Second, the EU provided it with the grants and subsidies to create the infrastructure on which it could compete.

The difficulty for Ireland is if they are expelled from the EU they will be denied access to the market which has provided them with their wealth. I think it fair to say that they should expect their economy to fall off the age of the Cliffs of Moher if that’s what they do. And I wouldn’t wish that on anyone.

India under threat

23-Jun-08

Interesting to note a report that:

UK business leaders are concerned that the Indian government could clamp down on the tax havens of Mauritius and Cyprus as it struggles to come to terms with soaring inflation and budget problems.

As the Glasgow Herald noted:

Yesterday, as published data showed that inflation in India has hit a 13-year high of 11.05%, key British business figures gathered to assess the opportunities and risks of doing business in the Asian country.

Of major concern is the future status of Mauritius and Cyprus, where many UK companies base their Indian operations so they can benefit from the islands’ tax treaties with the country. Such is the popularity of this route that Mauritius is the largest source of foreign direct investment into India.

Sanmit Ahuja, director of the India programme at the Commonwealth Business Council said:

The India government feels that a lot of dodgy money is round-tripping (to Mauritius and Cyprus). So it is a concern.

It’s more than a concern. As we often note, this sort of activity undermines the whole democratic basis of government. That is another reason why tax havens have to go.

What Swiss bankers do

23-Jun-08

More stories coming out of the guilty plea by former UBS American banker Bradley Birknefeld:

UBS earned about $US200 million a year in revenue by helping high-income clients through such practices as setting up sham entities in tax havens including Switzerland, Panama, British Virgin Islands, Hong Kong and Liechtenstein, Birkenfeld said.

In one case, Birkenfeld even agreed to buy diamonds for a US client using Swiss funds and ‘’smuggled the diamonds into the United States in a toothpaste tube,” Birkenfeld said.

UBS spokesman Mark Arena declined to comment

I have known about, and talked about the sham entities for some time, but not in my wildest imagination did I presume UBS would be smuggling diamonds. Of course it is possible that Birkenfeld is exaggerating. Somehow though I doubt it. It is much more likely that offshore operators, even those with the status of UBS, are more sordid than I would ever want to imagine.

This model is corrupt and corrupting. There is no defence for it. Tax havens have to be closed.


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