Bronwen Maddox: World Briefing
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There's something to be said for tax havens, but it's an unpopular case to make in the middle of the Liechtenstein storm. The danger is that the tax competition that they bring, and which should be welcome, will be annihilated along with the secrecy which they struggle to justify.
I must confess a flicker of sympathy for Liechtenstein, although many won't share it. Eighty years ago it was one of the poorest places in Europe. Now it is one of the richest on Earth, having offered the attractive combination of freedom from tax and financial privacy at just the point, after the First World War, when it was wanted.
We do not need to contest the Channel Islands' claim to be among the first tax havens; they date their independence in tax affairs from the Norman Conquest. But Switzerland has best claim to be the first significant one to compete for capital on its tax arrangements. In the early years of the 20th century, it had become one of the favourite places to store capital for those fleeing threats and turmoil in Russia and Germany, but its attraction at that point was its neutrality and security. Only after the war, when European governments were raising taxes steeply, did its deliberately low-tax framework begin to compete with their policies.
There is much to be said for tax competition; more than the European Union usually manages. It remains extraordinarily hard to define a tax haven, without including in its scope countries with comparatively low tax regimes, such as, at times, Britain and Ireland. Before the Government's new proposals to levy charges on people living in Britain but domiciled abroad, Britain could be described as a tax haven for them. The Chancellor may now choose to try to reclaim more revenue from those people, but he surely would not want the option of attracting them to London through a light tax regime to be ruled out under international agreement.
The Organisation for Economic Co-operation and Development struggled with these questions when it began to try to define tax havens, the best part of a decade ago. The United States objected in 2001 to a version that put much weight on the lack of other significant economic activity in the alleged haven. The US argued, with justice, that this would penalise tiny island countries that did indeed have little else to offer but were not necessarily helping illegal activity.
The OECD arrived, finally, at a definition that depends on the secrecy that these places tend to offer. That seems right. The main objection against them should be that this secrecy helps citizens of other countries to evade their governments' taxes, helps money launderers and helps criminals to protect gains. Switzerland has made some concessions to its secrecy provisions to help the pursuit of crime.
But at this point, until the German cases progress, the clearest criminal activity in Liechtenstein is on the part of the employee who sold the secrets and, arguably, on the part of the German and British governments in buying them. Tax havens have few defenders — but neither should criminal behaviour in pursuit of criminals.
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Secrecy can have its merits though if it enables a citizen to safely set aside part of his estate and avoid "nationalisation" by a foreign state based on dubious reasons. Aryanisation before and during WWII is the first example that comes to mind. Not saying that secrecy should prevent collection of taxes and the like but that it should stand in exceptional circumstances when one could reasonably believe that giving the information would entail becoming a kind of accomplice to a crime.
Jerome, Brussels, Belgium
Simon of London, don't get me wrong. It is the right of every person to legally reduce their tax bill to the minimum. That's legal avoidance.
I have an accountant who completes my company accounts for filing and who assists me in completing my own tax return. My instruction to him was simple 'I want to reduce the amount of tax that is paid to a legal minimum'.
There is no right to fail to pay taxes due on income by concealing said income, through stashing it away in a tax haven which will conceal these transactions. That's illegal evasion.
The suggestion being passed around is that these high-value individuals were indulging in evasion, not avoidance. Further; that some portion of the cash thus concealed was the proceeds of laundering. If they are now to be caught out then there won't be too many complaints, I would suspect.
It doesn't speak well for the morality of the bank, if it supports these activities. And it's owned by the ruler of Liechtenstein.
Simon, Stockport,
Simon of Stockport, there are more crimes than theft in this world. There may well have been bribery or corruption offences committed, particularly if the bank in question was a state entity.
Likewise, the unlawful sale of personal data is a criminal offence in the UK, and is likely to be so in Lichtenstein.
Moreover, even if HMRC as a body can argue state immunity, the individuals and banks knowingly or recklessy involved may well have committed money laundering offences, as the payment of the alleged bribe would probably count as "criminal proceeds". The money laundering offences may apply even in the unlikely event that the sale of the data was not criminal in Lichtenstein, provided it was illegal in the UK.
There is a delightful irony in government officials potentially committing money laundering offences in order to put pressure on a tax haven...
It will be interesting to see what the Information Commissioner does / says in response to this.
Simon, London,
Ah but surely you would agree that it is criminal for any government to tax savings as well as raid pension funds. Anyone and everyone should be able to avoid leaving their long term savings in a jurisdiction that might do that!
Philippa Pirie, London, england
Ms Maddox, there was no criminal activity commited by the Revenue & Customs in purchasing a copy of that data. Data is not classified as property under the terms of the Theft Act in the U.K. That may not be the case in Germany, however.
So far as your last paragraph is concerned your points, in as much as they refer to criminal behaviour by the U.K. government or its agencies, are invalid.
Simon, Stockport,
There is nothing wrong with "tax havens" per se. A lot of people use them routinely now - many Brits living abroad juggling currencies and wanting gross interest (which UK banks won't give them) amongst them.
The problem - as in Germany - is of course that so many users "forget" to include the interest income on their tax return.
Dec
Vicky, Germany,
At last a balanced point of view. If the jurisdiction has tax transparency, as do all but three of the original OECD listed tax havens, then the question of how the jurisdiction raises its revenues is nobody's business but its own and no criticism of its tax rate or whether it raises tax by direct or indirect methods is justified.
Anthony Travers, Cayman Islands, BWI