The Times Australia
Fisher and Paykel Appliances
The Times World News

.

What are tax havens? The answer explains why the G-7 effort to end them is unlikely to succeed

  • Written by Beverly Moran, Professor Emerita of Law, Vanderbilt University
What are tax havens? The answer explains why the G-7 effort to end them is unlikely to succeed

Close your eyes and imagine a tax haven. Does a Caribbean island come to mind? Sand, surf and thousands of post office boxes housing shell corporations?

Some tax havens, like the Cayman Islands or Bermuda, fit that description[1]. Many others do not[2].

The key to a tax haven is the taxes[3], not the tan. Any place that allows a taxpayer – whether an individual or a company – to get a lower tax bill overseas than at home is a tax haven. Thus, depending on the taxpayer’s jurisdiction and business, many places turn out to be tax havens, even the United States.

A recent agreement by the Group of Seven wealthy nations seeks to eliminate corporate tax havens[4] by imposing a global 15% minimum corporate tax rate. However, as a tax expert[5], I find the effort hard to take seriously.

3 things that make a tax haven a tax heaven

Put simply, tax havens[6] are jurisdictions that offer low or even no taxes in a bid to attract foreign investment.

From a taxpayer’s perspective, the first sign of a good tax haven is that it’s completely legal. While there may be a perception that people who use tax havens to lower their tax bills are breaking the law, that’s rarely the case.

A taxpayer who is comfortable doing that does not need a tax haven[7]. Instead, a dishonest accountant and a less honest banker are all that’s required[8].

The second sign of a good tax haven is transparency, political stability and rule of law. If it costs more in lawyers, accountants and bribes to avoid taxes overseas than it costs to pay the tax at home, there is no point to a tax haven.

The third sign is privacy. For many years, Swiss banks provided the gold standard in that regard by refusing to reveal anything about their depositors to anyone[9]. That changed in 2008, when Swiss banks agreed to report on their depositors[10] to 43 European countries.

The loss of the complete secrecy[11] that Switzerland once provided has made shell companies[12] – and the countries that make them easy to set up – much more attractive. Shell companies[13] are basically companies without active business operations or significant assets that are stacked one on top of the other to make it harder to trace ownership.

In the eye of the beholder

Identifying a tax haven isn’t as simple for the governments intent on controlling them as it is for the taxpayers who seek them out. This is mainly because governments and international organizations tend to think a tax haven is somewhere other than where they live.

For example, the European Union produces an annual list of tax havens[14] that contains no EU member countries, even though many[15] other[16] lists[17] identify Ireland, Luxembourg and a host of other European countries as tax havens.

And while several groups have described[18] the United States as a tax haven – Forbes even calls it the best in the world[19] – the U.S. government would never do so[20], even though it fits all the key criteria, such as providing legal ways to avoid virtually all taxation[21] and strong taxpayer privacy[22].

The race to the bottom

This is why the G-7 global corporate minimum 15% tax agreement[23] is unlikely to work.

Of course, I applaud the effort. Without a minimum tax, countries are stuck in a never-ending race to the bottom[24], whereby every time one government cuts its corporate tax rates, another soon follows with even lower rates.

The problem is the G-7 has to get more than 130 other countries to go along with its minimum tax rate. Many countries, including Ireland and China, seem unlikely to give up something[25] that has brought them so much economic advantage.

[Over 106,000 readers rely on The Conversation’s newsletter to understand the world. Sign up today[26].]

References

  1. ^ fit that description (www.businessinsider.com)
  2. ^ Many others do not (cthi.taxjustice.net)
  3. ^ is the taxes (onlinebusiness.northeastern.edu)
  4. ^ seeks to eliminate corporate tax havens (www.reuters.com)
  5. ^ tax expert (law.vanderbilt.edu)
  6. ^ tax havens (www.investopedia.com)
  7. ^ does not need a tax haven (www.oecd.org)
  8. ^ are all that’s required (www.investopedia.com)
  9. ^ refusing to reveal anything about their depositors to anyone (home.kpmg)
  10. ^ agreed to report on their depositors (eur-lex.europa.eu)
  11. ^ loss of the complete secrecy (www.transparency.org)
  12. ^ has made shell companies (www.investopedia.com)
  13. ^ Shell companies (www.investopedia.com)
  14. ^ produces an annual list of tax havens (home.kpmg)
  15. ^ many (cthi.taxjustice.net)
  16. ^ other (www.worlddata.info)
  17. ^ lists (www.investopedia.com)
  18. ^ several groups have described (taxjustice.net)
  19. ^ Forbes even calls it the best in the world (www.forbes.com)
  20. ^ would never do so (www.ntanet.org)
  21. ^ providing legal ways to avoid virtually all taxation (www.propublica.org)
  22. ^ strong taxpayer privacy (www.cnn.com)
  23. ^ G-7 global corporate minimum 15% tax agreement (www.reuters.com)
  24. ^ race to the bottom (www.investopedia.com)
  25. ^ seem unlikely to give up something (www.nytimes.com)
  26. ^ Sign up today (theconversation.com)

Read more https://theconversation.com/what-are-tax-havens-the-answer-explains-why-the-g-7-effort-to-end-them-is-unlikely-to-succeed-163125

Active Wear

Times Magazine

Myer celebrates 70 years of Christmas windows magic with the LEGO Group

To mark the 70th anniversary of the Myer Christmas Windows, Australia’s favourite department store...

Kindness Tops the List: New Survey Reveals Australia’s Defining Value

Commentary from Kath Koschel, founder of Kindness Factory.  In a time where headlines are dominat...

In 2024, the climate crisis worsened in all ways. But we can still limit warming with bold action

Climate change has been on the world’s radar for decades[1]. Predictions made by scientists at...

End-of-Life Planning: Why Talking About Death With Family Makes Funeral Planning Easier

I spend a lot of time talking about death. Not in a morbid, gloomy way—but in the same way we d...

YepAI Joins Victoria's AI Trade Mission to Singapore for Big Data & AI World Asia 2025

YepAI, a Melbourne-based leader in enterprise artificial intelligence solutions, announced today...

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an onli...

The Times Features

Myer celebrates 70 years of Christmas windows magic with the LEGO Group

To mark the 70th anniversary of the Myer Christmas Windows, Australia’s favourite department store...

Pharmac wants to trim its controversial medicines waiting list – no list at all might be better

New Zealand’s drug-buying agency Pharmac is currently consulting[1] on a change to how it mana...

NRMA Partnership Unlocks Cinema and Hotel Discounts

My NRMA Rewards, one of Australia’s largest membership and benefits programs, has announced a ne...

Restaurants to visit in St Kilda and South Yarra

Here are six highly-recommended restaurants split between the seaside suburb of St Kilda and the...

The Year of Actually Doing It

There’s something about the week between Christmas and New Year’s that makes us all pause and re...

Jetstar to start flying Sunshine Coast to Singapore Via Bali With Prices Starting At $199

The Sunshine Coast is set to make history, with Jetstar today announcing the launch of direct fl...

Why Melbourne Families Are Choosing Custom Home Builders Over Volume Builders

Across Melbourne’s growing suburbs, families are re-evaluating how they build their dream homes...

Australian Startup Business Operators Should Make Connections with Asian Enterprises — That Is Where Their Future Lies

In the rapidly shifting global economy, Australian startups are increasingly finding that their ...

How early is too early’ for Hot Cross Buns to hit supermarket and bakery shelves

Every year, Australians find themselves in the middle of the nation’s most delicious dilemmas - ...