“So Many Secret Accounts”: Republican Doom Talk Helps Enable Big-Time Tax Evaders
So the first impulse is to discuss these Panama Papers in terms of the big crooks like Valdimir Putin. But let’s hope they get some traction on the presidential campaign trail and put the issue of tax havens at the center of the debate.
Yeah, we all know about Swiss banks and the Cayman Islands, and just figure that rich people have this wired and this is how it will always be. But it doesn’t have to. In fact, it has changed a little bit for the better recently. Wanna take a guess who’s been trying to do the changing, and who’s stood in the way?
First, a little background. The best estimate for the kinds of tax havens discussed in the Panama leaks is that they drain about $165 billion a year from federal revenue coffers. Gabriel Zucman, a leading expert on them, estimates that the U.S. government loses $35 billion from individual tax evaders, and $130 billion from corporate evaders. (His new book was just well-reviewed by Ethan Porter in Democracy, the journal I edit.)
One hundred and sixty-five billion dollars is a fair amount of money—more than you and I shelled out for any of the following categories of federal expenditure in 2015: health care and health research ($122 billion), transportation ($107 billion), education ($90 billion), or science-environment-energy ($70 billion). So we could use it.
In Europe, efforts started in the aughts to do something about this. The Bush administration wasn’t going to do much, of course. But after Barack Obama came in and the Democrats had control of both houses of Congress, Democrats—notably Michigan Sen. Carl Levin, but others too—sought to move legislation to address tax evasion.
And… they did! You probably didn’t hear about it at the time, because the effort didn’t generate nearly as many headlines as the Democratic effort to reform the financial system, address climate change, or pass a health care reform law. But note: The Democrats used their brief two-year period of total control of both the White House and Congress to address head-on about a half-dozen problems, and tax evasion was one of them.
The bill was called the Foreign Account Tax Compliance Act, or FATCA; how they managed not to tag that final “T” on there at the end is beyond me, someone was really asleep at the wheel. But anyway it passed. In the Senate, it actually enjoyed a modicum of bipartisan support, as 11 GOP senators voted for it (as opposed to 28 who opposed; Democrats backed it 55-1). But in the House, not a single Republican voted for the bill, as Nancy Pelosi let 38 nervous blue-dogs go and join all 174 Republicans.
So what did the bill do? Well, a lot of complicated things, some good, some bad, but in the main, it gave the IRS more authority to look abroad through global financial databases and figure out who might be a U.S. citizen and if so, what they might be owing Uncle Sam that they weren’t paying. It also required foreign financial institutions to report such relevant information about U.S. citizen residents to the U.S. government.
Sounds like a pretty legit thing for the government to be doing, if you ask me. But it involved the hated IRS, so naturally, you had all these hideous predictions from Republicans and conservatives about what FATCA was going to lead to. It was going to make presumptive criminals out of all U.S. citizens living abroad. It was going to compromise the privacy needs of banks. Best of all, FATCA, once fully implemented in July 2014, was going to bring about the official demise of the U.S. dollar. Snopes.com rated that one false.
The charge is being led by just the people you’d expect. Sen. Rand Paul introduced the bill to repeal FATCA, and sued the Treasury Department over it. Utah Sen. Mike Lee went on a barnstorming tour of Europe to drum up momentum for a repeal (that doesn’t seem to have to worked too well—the Organization for Economic Co-Operation and Development issued its own tax-haven enforcement guidelines, which are for the most part tougher than FATCA’s).
But it isn’t just the fringy, von Mises-y, gold-standard crowd that’s worked up about FATCA. The Republican National Committee officially passed a resolution supporting its repeal (PDF). Interestingly, I looked at the RNC’s official resolutions from 2013-2016 inclusive, and for those four years, FATCA is the only piece of legislation singled out for a specific resolution of repeal. If that’s the case, FATCA must be doing something right.
FATCA and the OECD regs represent first steps in a process that’s going to take 20 or 30 years, if it succeeds even then. And the Democrats of course aren’t perfect on this. But at least most of them acknowledge this as an issue and are trying to do something about it.
On this point, I feel certain you’re going to be reading this week a lot about how Hillary Clinton supported a free-trade deal with Panama, the notorious tax haven whence these leaked documents came to us. This is true, but as a secretary of state working for a president who backed the deal, she could scarcely have done otherwise. And two other points are salient: one, trade deals are negotiated by the U.S. Trade Representative, not the Department of State, and two, the USTR did seek and obtain a tax information exchange agreement before the Obama administration was willing to cut the deal with Panama.
Obama’s not the enemy here. Nor is Clinton. The people on the wrong side of this one are the same people who always are, and whose dire predictions of economic catastrophe, whether about this or raising the minimum wage or anything else, almost never seem to come to pass.
By: Michael Tomasky, The Daily Beast, April 5, 2016
“The Real Tax Threat To American Businesses”: Big Corporations Don’t Pay Their Fair Share
American businesses face some serious challenges from taxes. But it’s not due to America’s tax rates, as many big business CEOs would have you believe. Our corporate tax problems stem from a corporate tax code with so many perks, credits and loopholes in it that many U.S. multinational corporations pay little to no taxes. This starves our national budget and imperils public education, innovative research and infrastructure, the sort of public investments that help make our businesses and economy competitive. And, maybe even worse, it’s unfair.
I’m an accountant. I know about taxes. I help my clients take advantage of the deductions and incentives to which they are entitled. But because of accounting tricks my clients cannot use, many giant U.S. corporations pay taxes at effective rates far lower than most small businesses and many middle class families. The average U.S. multinational corporation paid just 12.6 percent of its income in taxes in 2010, according to the Government Accountability Office.
Some of the most unfair corporate tax loopholes for America’s competitive position in the world are the offshore tax loopholes. These loopholes alone cost the U.S. Treasury an estimated $90 billion a year. They also create an unfair playing field between domestic businesses like I serve in my practice, and the large multinational firms, whose high priced tax attorneys and lobbyists have devised ways to shift profits earned in the United States to the world’s tax haven countries where those profits are taxed lightly, if at all.
For instance, some software companies take patents on products developed in the U.S. and register them in a foreign tax haven. When a U.S. customer purchases the product, the company sends a large chunk of the purchase price to the tax haven to pay for the use of the patent. Thus the company reduces its effective corporate tax rate – sometimes even below 10 percent.
My clients don’t have this option. Nor would they want it. They are restaurants and dry cleaners, medical practices, small manufacturers and auto repair shops. They work hard and they expect to pay their fair share of taxes. They are the engines of our local economy, just as similar small companies are the engines of local economies across the country. They provide needed goods and services. They provide needed jobs. And they pay needed taxes.
Their taxes help pay for public investment in schools, roads, courts, public transit, public safety, public health – all of the basic infrastructure that enables all businesses to function and thrive. Since they benefit – as we all do – from those tax investments, it’s only fair that they should pay their share.
But their counterparts at large US multinationals don’t have to. And it’s the tax code that lets them. It’s as if the tax code pretends that they are operating in a third world country with no infrastructure to support. That’s ridiculous, of course. I’m good at accounting and bookkeeping, but I sure wouldn’t want a client trying to operate their entire business in a rural part of a third world country.
Our tax code should be fair and should encourage investment in our shared future. When we invest together we start a virtuous cycle of growth. But when people, whether individuals or business owners, think the tax system is rigged in favor of one group or another – say U.S. multinational companies using overseas tax havens – they rightly feel that they are paying more than their fair share. They lose faith in the system.
And when tax revenues are lower than they would be without such loopholes, policymakers look for ways to cut spending. This starts a vicious cycle of ever-shrinking economic activity and ever reducing tax revenue.
Fixing the tax code is the answer, and a good place to start is with the unfair overseas loopholes that undermine our faith in the tax system and rob our communities and the nation of vital investments in the future.
It makes no sense for our tax code to be hurting domestic job creators and undermining the tax base for our schools, roads, police and other vital services and infrastructure.
The tax reform America needs is one that closes many of the unfair loopholes won by big business lobbyists over the last three decades. We need the extra revenue collected to invest in the 21st century economy that will sustain our families, our communities and our businesses.
By: Brian Setzler, U. S. News and World Report, January 17, 201
“Treasure Island Trauma”: Living In A World Whose Leaders Seem Determined Not To Learn From Disaster
A couple of years ago, the journalist Nicholas Shaxson published a fascinating, chilling book titled “Treasure Islands,” which explained how international tax havens — which are also, as the author pointed out, “secrecy jurisdictions” where many rules don’t apply — undermine economies around the world. Not only do they bleed revenues from cash-strapped governments and enable corruption; they distort the flow of capital, helping to feed ever-bigger financial crises.
One question Mr. Shaxson didn’t get into much, however, is what happens when a secrecy jurisdiction itself goes bust. That’s the story of Cyprus right now. And whatever the outcome for Cyprus itself (hint: it’s not likely to be happy), the Cyprus mess shows just how unreformed the world banking system remains, almost five years after the global financial crisis began.
So, about Cyprus: You might wonder why anyone cares about a tiny nation with an economy not much bigger than that of metropolitan Scranton, Pa. Cyprus is, however, a member of the euro zone, so events there could trigger contagion (for example, bank runs) in larger nations. And there’s something else: While the Cypriot economy may be tiny, it’s a surprisingly large financial player, with a banking sector four or five times as big as you might expect given the size of its economy.
Why are Cypriot banks so big? Because the country is a tax haven where corporations and wealthy foreigners stash their money. Officially, 37 percent of the deposits in Cypriot banks come from nonresidents; the true number, once you take into account wealthy expatriates and people who are only nominally resident in Cyprus, is surely much higher. Basically, Cyprus is a place where people, especially but not only Russians, hide their wealth from both the taxmen and the regulators. Whatever gloss you put on it, it’s basically about money-laundering.
And the truth is that much of the wealth never moved at all; it just became invisible. On paper, for example, Cyprus became a huge investor in Russia — much bigger than Germany, whose economy is hundreds of times larger. In reality, of course, this was just “roundtripping” by Russians using the island as a tax shelter.
Unfortunately for the Cypriots, enough real money came in to finance some seriously bad investments, as their banks bought Greek debt and lent into a vast real estate bubble. Sooner or later, things were bound to go wrong. And now they have.
Now what? There are some strong similarities between Cyprus now and Iceland (a similar-size economy) a few years back. Like Cyprus now, Iceland had a huge banking sector, swollen by foreign deposits, that was simply too big to bail out. Iceland’s response was essentially to let its banks go bust, wiping out those foreign investors, while protecting domestic depositors — and the results weren’t too bad. Indeed, Iceland, with a far lower unemployment rate than most of Europe, has weathered the crisis surprisingly well.
Unfortunately, Cyprus’s response to its crisis has been a hopeless muddle. In part, this reflects the fact that it no longer has its own currency, which makes it dependent on decision makers in Brussels and Berlin — decision makers who haven’t been willing to let banks openly fail.
But it also reflects Cyprus’s own reluctance to accept the end of its money-laundering business; its leaders are still trying to limit losses to foreign depositors in the vain hope that business as usual can resume, and they were so anxious to protect the big money that they tried to limit foreigners’ losses by expropriating small domestic depositors. As it turned out, however, ordinary Cypriots were outraged, the plan was rejected, and, at this point, nobody knows what will happen.
My guess is that, in the end, Cyprus will adopt something like the Icelandic solution, but unless it ends up being forced off the euro in the next few days — a real possibility — it may first waste a lot of time and money on half-measures, trying to avoid facing up to reality while running up huge debts to wealthier nations. We’ll see.
But step back for a minute and consider the incredible fact that tax havens like Cyprus, the Cayman Islands, and many more are still operating pretty much the same way that they did before the global financial crisis. Everyone has seen the damage that runaway bankers can inflict, yet much of the world’s financial business is still routed through jurisdictions that let bankers sidestep even the mild regulations we’ve put in place. Everyone is crying about budget deficits, yet corporations and the wealthy are still freely using tax havens to avoid paying taxes like the little people.
So don’t cry for Cyprus; cry for all of us, living in a world whose leaders seem determined not to learn from disaster.
By: Paul Krugman, Op-Ed Columnist, The New York Times, March 21, 2013
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