The Times Australia

The Times World News
The Times

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

There’s a renewed push to scrap junior rates of pay for young adults. Do we need to rethink what’s fair?

Should young people be paid less than their older counterparts, even if they’re working the same...

Times Lifestyle

Warning to Grey Nomads - Pop Top Caravan Hidden Risks

To pop or not to pop… that is the question. Hybrid pop top caravans are a popular choice for many caravanners, but ar...

How to Ensure You Don’t Miss Out on a Ticket for the Next Huge Ev…

It can be a moment of huge excitement when a concert or huge event is announced to be coming to a nearby venue. There are l...

Coast of Gold Bursts into Australian Market with Award-Winning Sh…

An Australian brand centred on authentic West African flavours is making massive waves in the premium foods and condiment...

Times Magazine

The Science Behind Neodymium Magnets: How They Work and Why They’re So Powerful

In the world of magnets, neodymium magnets are the rock stars. Despite their small size, they are the big hitters. The power and performance of neodymium magnets make them essential in everything from earbuds to electric vehicles. But what exactly ...

The Ethical Considerations of AI Chatbots: Balancing Innovation with Responsibility

The rise of AI chatbots has dramatically transformed how businesses interact with customers. These intelligent tools can handle inquiries, provide support, and even personalize user experiences. However, with this innovation comes a host of ethical c...

Segway ZT3 Pro All-Terrain Electric Scooter

Segway-Ninebot, the global leader in the micromobility transportation solutions and robotic service industries is announcing its brand-new ZT series of electric scooters with the ZT3 Pro in Australia. The Segway ZT3 Pro combines cutting-edge smar...