Tax Games: the Race to the Bottom
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Tax Games: the Race to the Bottom Europe's role in supporting an unjust global tax system 2 017 This report is dedicated to the memory of Daphne Caruana Galizia – a courageous journalist and researcher who dared to speak truth to power. Her extensive investigations into the Panama Papers and numerous other sources exposed high-level corruption in Malta. Daphne was killed in a car bomb attack near her home in Bidnija, Malta on 16 October 2017. Acknowledgements This report was produced by civil society organisations in countries across Europe, including: Vienna Institute for International Dialogue and Cooperation (VIDC) (Austria); 11.11.11 (Belgium); Centre national de cooperation au développement (CNCD-11.11.11) (Belgium); Glopolis (Czech Republic); Mellemfolkeligt Samvirke – ActionAid Denmark (Denmark); KEPA (Finland); Netzwerk Steuergerechtigkeit (Germany); DemNet Foundation for Development of Democratic Rights (Hungary); Debt and Development Coalition Ireland (DDCI) (Ireland); Oxfam Italy (Italy); Re:Common (Italy); Latvijas platforma attīstības sadarbībai (Lapas) (Latvia); the Centre for Research on Multinational Corporations (SOMO) (Netherlands); Tax Justice Netherlands (Netherlands); Tax Justice Network Norway (Norway); Instytut Globalnej Odpowiedzialności (IGO) (Poland); International Centre for Research and Analysis (ICRA) (Poland); Ekvilib Institute (Slovenia); Oxfam Intermón (Spain); Diakonia (Sweden); Tax Justice UK (UK). The overall report was coordinated by Eurodad. Each national chapter was written by – and is the responsibility of – the nationally-based partners in the project, and does not reflect the views of the rest of the project partners. The chapter on Luxembourg was written by – and is the responsibility of – Eurodad. Design and artwork: James Adams Copy editing: Stephanie Ross and Vicky Anning The authors believe that all of the details of this report are factually accurate as of 8 November 2017. This report has been produced with the financial assistance of Norad and Open Society Foundations. The contents of this publication are the sole responsibility of Eurodad and the authors of the report, and can in no way be taken to reflect the views of the funders. Contents Acknowledgements 3 Specific findings 53 Contents 4 Methodology for country rating system 54 Glossary 5 Austria 67 Executive summary 8 Belgium 71 1. Introduction 12 Czech Republic 75 2. The race to the bottom 13 Denmark 79 3. Corporate tax avoidance 17 Finland 83 4. Potentially harmful tax practices 21 Germany 87 5. Good and bad solutions 30 Hungary 91 6. Recommendations 51 Ireland 94 Italy 99 Latvia 103 Luxembourg 106 The Netherlands 110 Norway 116 Poland 119 Slovenia 122 Spain 125 Sweden 129 United Kingdom 133 4 • Tax Games: the Race to the Bottom Glossary Advance Pricing Agreement (APA) / Advance Tax Agreement Controlled Foreign Company (CFC) rules See under ’Tax ruling’. CFC rules allow countries to limit profit shifting by multinational corporations by requesting that the Aggressive tax planning corporation reports on profits made in other jurisdictions See under ‘Tax avoidance’. where it ‘controls’ another corporate structure. There are Anti-Money Laundering Directive (AMLD) many different types of CFC rules, with different definitions A European Union (EU) directive regulating issues related of which kind of jurisdictions and incomes are covered. to money laundering and terrorist financing, including General Anti-Avoidance Rule (GAAR) public access to information about the beneficial owners GAAR refers to a broad set of different types of rules aimed of companies, trusts and similar legal structures. The 4th at limiting tax avoidance by multinational corporations in AMLD was adopted in May 2015, and it is expected that a 5th cases where abuse of tax rules has been detected. When AMLD will be adopted during 2017. used in tax treaties, GAARs can in some cases be used to Automatic Exchange of Information prevent tax avoidance by allowing tax administrations to A system whereby relevant information about the wealth deny multinational corporations tax exemptions, but they do and income of a taxpayer – individual or company – is not address the general problem of lowering of withholding automatically passed by the country where the funds are taxes through tax treaties, nor do they address the general held to the taxpayer’s country of residence. As a result, the division of taxing rights between nations. tax authority of a taxpayer’s country of residence can check Harmful tax practices its tax records to verify that the taxpayer has accurately Harmful tax practices are policies that have negative spill- reported their foreign source income and wealth. over effects on taxation in other countries, for example, by Base erosion and profit shifting (BEPS) eroding tax bases or distorting investments. This term is used to describe the shifting of taxable profits Illicit financial flows out of countries where the income was earned, usually to There are several definitions of illicit financial flows. It can zero- or low-tax countries, which results in ‘erosion’ of the refer to unrecorded private financial outflows involving capital tax base of the countries affected, and therefore reduces that is illegally earned, transferred or utilised. In a broader their revenues. sense, illicit financial flows can also be used to describe Beneficial ownership revenue losses as the result of artificial arrangements that A legal term used to describe anyone who has the benefit have been put in place with the purpose of circumventing the of ownership of an asset (for example, bank account, trust, law or its spirit, such as aggressive tax planning. property). In some cases, the beneficial owner does not Laundromat scandal nominally own the asset because it is registered under The Laundromat scandal first surfaced in 2014, but received another name. renewed attention in 2017, when the Organized Crime and Common Consolidated Corporate Tax Base (CCCTB) Corruption Reporting Project (OCCRP) published a series of CCCTB is a proposal that was first launched by the European articles on a large-scale money laundering operation. The Commission in 2011. It entails a common EU system for scheme operated from 2010-2014, and allegedly brought at calculating the taxable profits of multinational corporations least US$20 billion out of Russia and into banks around the operating in the EU, and dividing this among the EU world. According to the media reports, the money laundering member states based on a formula to assess the level of in many cases involved shell companies registered in the business activity in each country. The proposal does not UK with nominee directors concealing the real owner (see specify what tax rate the member states should apply to ‘Beneficial owner’ above). A core method in the scheme was the taxable profits, but simply allocates it and leaves it to for Russian ownership to guarantee large fake loans between the member state to decide what tax to apply. The proposal two shell companies. When one shell company failed to repay was redrafted and relaunched in 2016 (see chapter 5.2 on ‘A the fake debt to the other, the loan would get authenticated by coherent system for taxing multinationals’), and is currently judges in Moldova, at which point the Russian company would being negotiated by the EU member states. be able to transfer money out of Russia under the pretence of covering unpaid debt. The scandal has among other things Conduit-offshore financial centre led to money laundering charges against a number of judges See ‘Offshore jurisdictions or centres’. in Moldova for their alleged involvement in the scheme. It has also led to criticism of a number of international banks for their failure to detect suspicious transactions. Tax Games: the Race to the Bottom • 5 Glossary LuxLeaks Panama Papers The LuxLeaks (or Luxembourg Leaks) scandal surfaced The Panama Papers scandal broke in April 2016 when the in November 2014 when the International Consortium of International Consortium of Investigative Journalists (ICIJ) Investigative Journalists (ICIJ) exposed several hundred exposed hidden wealth and financial activities of political secret tax rulings from Luxembourg, which had been leaked leaders, drug traffickers, celebrities, billionaires, and others. by former employees of PricewaterhouseCoopers (PwC). The core of the scandal was 11.5 million leaked files from The LuxLeaks dossier allegedly documented how hundreds the Panamanian law firm Mossack Fonseca, which revealed of multinational corporations were using the system in information about more than 214,000 secret companies Luxembourg to lower their tax rates, in some cases to less hidden in 21 different offshore jurisdictions. These companies than one per cent. were linked to individuals in more than 200 countries and territories worldwide. The scandal allegedly revealed that Malta Files secret companies had, among other things, been used for tax In 2017, the network of European Investigative evasion, corruption, fraud and money laundering. Collaborations (EIC) published a series of articles based on hundreds of thousands of documents, including details Paradise Papers about over 70,000 companies registered in Malta’s public The Paradise Papers scandal broke on 5 November 2017 company register. The investigation allegedly showed that when the ICIJ once again exposed the hidden world of tax Malta operates as a hub for corporate tax avoidance inside havens. The leak had ties to over 120 politicians and world