Google AI
The Times Australia

Times Media Advertising

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

Times Magazine

Quickest Way of Getting Rid of Your Old Cars in Brisbane?

If you are done searching for a practical solution for quickly getting rid of your old car, this w...

The Human Supplement Craze Has Officially Gone to the Dogs (Literally)

Australians’ appetite for supplements is no longer limited to their own vitamin cabinets. New reta...

AI Guilt: It’s Real — But it is irrational

Artificial intelligence is rapidly becoming one of the most powerful tools ever made available to ...

Australians Are Keeping Their Cars Longer — And It’s Changing The Market

Australia’s car market is undergoing a subtle but important transformation. People are keeping th...

Streaming Fatigue: Australians Overwhelmed By Subscriptions

Streaming was once supposed to simplify entertainment. Instead, many Australians now feel overwhe...

Why Shopping Centres No Longer Feel Exciting

There was a time when going to the shopping centre felt like an event. Families spent entire Satu...

The Times Features

The Blood Test That Could Change Colon Cancer Screening…

A simple blood test that may one day reduce the need for colonoscopies is generating enormous inte...

Recovering at Home After Surgery: The Role of Mobile Re…

Recovering from surgery can be both physically and emotionally challenging. Whether it is a joint ...

Children and Screens: The Growing Health Challenge Faci…

Once upon a time, parents worried that children spent too much time reading books indoors instead ...

FIRE PIT CINEMA. A New Winter Ritual Comes to Canberra

A Winter Night of Mulled Wine, Firelight & Christmas Movies Canberra, Wednesday 27th May - Fo...

Why Professional House Painting in Melbourne Adds Long-…

There is a particular kind of frustration about which Melbourne homeowners rarely talk about openl...

Residential HVAC Systems in Australia: What Homeowners …

Australia’s residential HVAC market is evolving rapidly as households face hotter summers, rising ...

The Biden Administration: Did The Inquiry Establish Who…

Questions surrounding former US President Joe Biden and his health while in office continue to dom...

Nationals move Bill to protect women. Sall Grover inter…

Matt Canavan  All good. Look, well, it's great to be here with my friend and colleague, Alison Pe...

The Human Supplement Craze Has Officially Gone to the D…

Australians’ appetite for supplements is no longer limited to their own vitamin cabinets. New reta...