Narrative Report on Panama
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The Power of States and Business: Explaining
Ref. Ares(2017)5230581 - 26/10/2017 The power of states and business: Explaining transformative change in the fight against tax evasion and avoidance The Power of States and Business v2.0 19 September 2017 Document Details Work Package WP3 Lead Beneficiary University of Bamberg Deliverable ID D3.2 Date 05, 03, 2017 Submission 07, 28, 2017 Dissemination Level PU – Public / CO – Confidential / CI – Classified Information Version 1.0 Author(s) Lukas Hakelberg University of Bamberg Political Science [email protected] Acknowledgements The project “Combatting Fiscal Fraud and Empowering Regulators (COFFERS)” has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 727145. Document History Date Author Description 03-05-2017 Lukas Hakelberg First draft 19-09-2017 Lukas Hakelberg Second draft Page 2 of 52 The Power of States and Business v2.0 19 September 2017 Contents Document Details 2 Acknowledgements 2 Document History 2 Contents 3 Executive Summary 4 1. Introduction 5 2. Power in International Tax Policy 7 3. Post-Crisis Initiatives Against Tax Evasion and Avoidance 15 3.1 The Emergence of Multilateral AEI 16 3.1.1 Points of Departure: Savings Directive and Qualified Intermediary Program 16 3.1.2 Setting the Agenda: Left-of-Center Politicians and Major Tax Evasion Scandals 17 3.1.3 Towards New Rules: Legislative Initiatives in Europe and the US 20 3.1.4 The Role of Domestic Interest Groups: Tax Evaders and Financial Institutions 22 3.1.5 Reaching International Agreement: From Bilateral FATCA Deals to Multilateral AEI 25 3.2 Incremental Change in the Fight against Base Erosion and Profit Shifting 28 3.2.1 Points of Departure: Limiting Taxation at Source Through Transfer Pricing 28 3.2.2 Setting the Agenda: Starbuck’s and the Inclusion of Emerging Economies 30 3.2.3 Towards New Rules: The BEPS Report’s Ambiguous Recommendations 32 3.2.4 The Role of Interest Groups: In Defense of the Arm’s Length Principle 33 3.2.5 Reaching International Agreement? Ongoing EU-US Bargaining over BEPS 36 4. -
Tax Haven Networks and the Role of the Big 4 Accountancy Firms
-RXUQDORI:RUOG%XVLQHVV[[[ [[[[ [[[²[[[ Contents lists available at ScienceDirect Journal of World Business journal homepage: www.elsevier.com/locate/jwb Tax haven networks and the role of the Big 4 accountancy firms Chris Jonesa,⁎, Yama Temouria,c, Alex Cobhamb a Economics & Strategy Group, Aston Business School, Aston University, Birmingham B4 7ET, UK b Tax Justice Network, Oxford, UK c Faculty of Business, University of Wollongong Dubai, UAE ARTICLE INFO ABSTRACT Keywords: This paper investigates the association between the Big 4 accountancy firms and the extent to which multi- Tax havens national enterprises build, manage and maintain their networks of tax haven subsidiaries. We extend inter- Varieties of capitalism nalisation theory and derive a number of hypotheses that are tested using count models on firm-level data. Our Corporate taxation key findings demonstrate that there is a strong correlation and causal link between the size of an MNE’s tax Poisson regression haven network and their use of the Big 4. We therefore argue that public policy related to the role of auditors can Big 4 accountancy firms have a significant impact on the tax avoidance behaviour of MNEs. 1. Introduction 2014 which has provided a number of clear insights. These documents showed that PwC assisted MNEs to obtain at least 548 legal but secret Given the impact that the recent financial crisis of 2008 has had on tax rulings in Luxembourg from 2002 to 2010. The rulings allowed the public finances of developed economies, the use of tax avoidance MNEs to channel hundreds of billions of dollars through Luxembourg, measures by multinational enterprises (MNEs) has come under in- arising from economic activities that took place in other jurisdictions creasing scrutiny from various governments and civil society organi- and with effective tax rates so low that they saved billions of dollars in sations across the world. -
Narrative Report on Ireland
Financial Secrecy Index Ireland Narrative Report on Ireland Ireland is ranked at 47th position on the 2013 Financial Secrecy Index. This ranking is based on a combination of its Chart 1 - How Secretive? Moderately secrecy score and a scale weighting based on its share of the secretive 31-40 global market for offshore financial services. 41-50 Ireland has been assessed with 37 secrecy points out of a 51-60 potential 100, which places it into the moderately secretive 61-70 category at the bottom of the secrecy scale (see chart 1). 71-80 Ireland accounts for over 2 per cent of the global market for 81-90 offshore financial services, making it a small player compared with other secrecy jurisdictions (see chart 2). Exceptionally secretive 91-100 Part 1: Telling the story1 Chart 2 - How Big? Ireland as a financial centre: history and background Overview huge Ireland’s role as a secrecy jurisdiction or tax haven is based on two broad developments. The first, dating from 1956, is a regime of low tax rates and tax loopholes that have large encouraged transnational businesses to relocate – often small only on paper – to Ireland. The second is the role of the tiny Dublin-based International Financial Services Centre (IFSC), a Wild-West, deregulated financial zone set up in 1987 under the corrupt Irish politician Charles Haughey, which has striven particularly to host international ‘shadow banking’ activity2. Ireland’s secrecy score of 37 makes it one of the least secretive jurisdictions on our index: secrecy was never a central part of its ‘offshore’ offering. -
FINANCE Offshore Finance.Pdf
This page intentionally left blank OFFSHORE FINANCE It is estimated that up to 60 per cent of the world’s money may be located oVshore, where half of all financial transactions are said to take place. Meanwhile, there is a perception that secrecy about oVshore is encouraged to obfuscate tax evasion and money laundering. Depending upon the criteria used to identify them, there are between forty and eighty oVshore finance centres spread around the world. The tax rules that apply in these jurisdictions are determined by the jurisdictions themselves and often are more benign than comparative rules that apply in the larger financial centres globally. This gives rise to potential for the development of tax mitigation strategies. McCann provides a detailed analysis of the global oVshore environment, outlining the extent of the information available and how that information might be used in assessing the quality of individual jurisdictions, as well as examining whether some of the perceptions about ‘OVshore’ are valid. He analyses the ongoing work of what have become known as the ‘standard setters’ – including the Financial Stability Forum, the Financial Action Task Force, the International Monetary Fund, the World Bank and the Organization for Economic Co-operation and Development. The book also oVers some suggestions as to what the future might hold for oVshore finance. HILTON Mc CANN was the Acting Chief Executive of the Financial Services Commission, Mauritius. He has held senior positions in the respective regulatory authorities in the Isle of Man, Malta and Mauritius. Having trained as a banker, he began his regulatory career supervising banks in the Isle of Man. -
Tax Heavens: Methods and Tactics for Corporate Profit Shifting
Tax Heavens: Methods and Tactics for Corporate Profit Shifting By Mark Holtzblatt, Eva K. Jermakowicz and Barry J. Epstein MARK HOLTZBLATT, Ph.D., CPA, is an Associate Professor of Accounting at Cleveland State University in the Monte Ahuja College of Business, teaching In- ternational Accounting and Taxation at the graduate and undergraduate levels. axes paid to governments are among the most significant costs incurred by businesses and individuals. Tax planning evaluates various tax strategies in Torder to determine how to conduct business (and personal transactions) in ways that will reduce or eliminate taxes paid to various governments, with the objective, in the case of multinational corporations, of minimizing the aggregate of taxes paid worldwide. Well-managed entities appropriately attempt to minimize the taxes they pay while making sure they are in full compliance with applicable tax laws. This process—the legitimate lessening of income tax expense—is often EVA K. JERMAKOWICZ, Ph.D., CPA, is a referred to as tax avoidance, thus distinguishing it from tax evasion, which is illegal. Professor of Accounting and Chair of the Although to some listeners’ ears the term tax avoidance may sound pejorative, Accounting Department at Tennessee the practice is fully consistent with the valid, even paramount, goal of financial State University. management, which is to maximize returns to businesses’ ownership interests. Indeed, to do otherwise would represent nonfeasance in office by corporate managers and board members. Multinational corporations make several important decisions in which taxation is a very important factor, such as where to locate a foreign operation, what legal form the operations should assume and how the operations are to be financed. -
World Energy Perspectives Rules of Trade and Investment | 2016
World Energy Perspectives Rules of trade and investment | 2016 NON-TARIFF MEASURES: NEXT STEPS FOR CATALYSING THE LOW- CARBON ECONOMY ABOUT THE WORLD ENERGY COUNCIL The World Energy Council is the principal impartial network of energy leaders and practitioners promoting an affordable, stable and environmentally sensitive energy system for the greatest benefit of all. Formed in 1923, the Council is the UN- accredited global energy body, representing the entire energy spectrum, with over 3,000 member organisations in over 90 countries, drawn from governments, private and state corporations, academia, NGOs and energy stakeholders. We inform global, regional and national energy strategies by hosting high-level events including the World Energy Congress and publishing authoritative studies, and work through our extensive member network to facilitate the world’s energy policy dialogue. Further details at www.worldenergy.org and @WECouncil ABOUT THE WORLD ENERGY PERSPECTIVES – NON-TARIFF MEASURES: NEXT STEPS FOR CATALYSING THE LOW-CARBON ECONOMY The World Energy Perspective on Non-tariff Measures is the second report in a series looking at how an open global trade and investment regime concerning energy and environmental goods and services can foster the transition to a low-carbon economy. Building on the previous report on tariff barriers to environmental goods, this report highlights twelve significant non-tariff measures (NTMs) directly affecting the energy industry and investments in this sector. The World Energy Council has identified that these barriers greatly impact countries’ trilemma performance, the triple challenge of achieving secure, affordable and environmentally sustainable energy systems. Through this work, the Council seeks to inform policymakers as to what extent countries should address non-tariff measures to improve trade conditions, and eliminate unnecessary additional costs to trade, ultimately fostering national economic development. -
The Financial Secrecy Index: Shedding New Light on the Geography of Secrecy
The Financial Secrecy Index: Shedding New Light on the Geography of Secrecy Alex Cobham, Petr Janský, and Markus Meinzer Abstract Both academic research and public policy debate around tax havens and offshore finance typically suffer from a lack of definitional consistency. Unsurprisingly then, there is little agreement about which jurisdictions ought to be considered as tax havens—or which policy measures would result in their not being so considered. In this article we explore and make operational an alternative concept, that of a secrecy jurisdiction and present the findings of the resulting Financial Secrecy Index (FSI). The FSI ranks countries and jurisdictions according to their contribution to opacity in global financial flows, revealing a quite different geography of financial secrecy from the image of small island tax havens that may still dominate popular perceptions and some of the literature on offshore finance. Some major (secrecy-supplying) economies now come into focus. Instead of a binary division between tax havens and others, the results show a secrecy spectrum, on which all jurisdictions can be situated, and that adjustment lfor the scale of business is necessary in order to compare impact propensity. This approach has the potential to support more precise and granular research findings and policy recommendations. JEL Codes: F36, F65 Working Paper 404 www.cgdev.org May 2015 The Financial Secrecy Index: Shedding New Light on the Geography of Secrecy Alex Cobham Tax Justice Network Petr Janský Institute of Economic Studies, Faculty of Social Sciences, Charles University in Prague Markus Meinzer Tax Justice Network A version of this paper is published in Economic Geography (July 2015). -
The Relationship Between MNE Tax Haven Use and FDI Into Developing Economies Characterized by Capital Flight
1 The relationship between MNE tax haven use and FDI into developing economies characterized by capital flight By Ali Ahmed, Chris Jones and Yama Temouri* The use of tax havens by multinationals is a pervasive activity in international business. However, we know little about the complementary relationship between tax haven use and foreign direct investment (FDI) in the developing world. Drawing on internalization theory, we develop a conceptual framework that explores this relationship and allows us to contribute to the literature on the determinants of tax haven use by developed-country multinationals. Using a large, firm-level data set, we test the model and find a strong positive association between tax haven use and FDI into countries characterized by low economic development and extreme levels of capital flight. This paper contributes to the literature by adding an important dimension to our understanding of the motives for which MNEs invest in tax havens and has important policy implications at both the domestic and the international level. Keywords: capital flight, economic development, institutions, tax havens, wealth extraction 1. Introduction Multinational enterprises (MNEs) from the developed world own different types of subsidiaries in increasingly complex networks across the globe. Some of the foreign host locations are characterized by light-touch regulation and secrecy, as well as low tax rates on financial capital. These so-called tax havens have received widespread media attention in recent years. In this paper, we explore the relationship between tax haven use and foreign direct investment (FDI) in developing countries, which are often characterized by weak institutions, market imperfections and a propensity for significant capital flight. -
8 May 2018 Tax Justice Network Response to the Questionnaire of The
8 May 2018 Tax Justice Network response to the questionnaire of the European Parliament Special Committee on Tax Crimes, Tax Evasion and Tax Avoidance ("TAX3"), in advance of the hearing on "The fight against harmful tax practices within the European Union and abroad", scheduled for 15 May 2018: Why the TJN FSI lists 41 jurisdictions and the EU lists 9 jurisdictions at the moment? What differences in methodology do you notice? Could you explain the criteria used for the construction of the Financial Secrecy Index (FSI)? How could FSI be used for the implementation of anti-tax avoidance and even anti-money laundering rules in the EU and in the rest of the world? * The Tax Justice Network welcomes the opportunity to provide evidence to the European Parliament Special Committee on Tax Crimes, Tax Evasion and Tax Avoidance ("TAX3"), and the energy which is now dedicated to addressing the major issues of international tax abuse which have been revealed by the Panama Papers, Paradise Papers, LuxLeaks and in a range of other investigative work and by our own research. For example, using a methodology developed by researchers at the International Monetary Fund, we estimate that global revenue losses to the profit shifting of multinational companies is in the order of $500 billion a year – and disproportionately felt by lower-income countries where those revenues are most badly needed. At the same time, EU member states are included among the biggest losers – and also among the most aggressive in seeking to disadvantage their neighbours. A similar pattern holds in respect of offshore tax evasion. -
Customs Value
What Every Member of the Trade Community Should Know About: Customs Value AN INFORMED COMPLIANCE PUBLICATION REVISED JULY 2006 Custom Value July, 2006 NOTICE: This publication is intended to provide guidance and information to the trade community. It reflects the position on or interpretation of the applicable laws or regulations by U.S. Customs and Border Protection (CBP) as of the date of publication, which is shown on the front cover. It does not in any way replace or supersede those laws or regulations. Only the latest official version of the laws or regulations is authoritative. Publication History First Issued: May, 1996 Revised July, 2006 PRINTING NOTE: This publication was designed for electronic distribution via the CBP website (http://www.cbp.gov/) and is being distributed in a variety of formats. It was originally set up ® in Microsoft Word97 . Pagination and margins in downloaded versions may vary depending upon which word processor or printer you use. If you wish to maintain the original settings, you may wish to download the .pdf version, which can then be printed using the freely ® available Adobe Acrobat Reader . 2 Custom Value July, 2006 PREFACE On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act, became effective. These provisions amended many sections of the Tariff Act of 1930 and related laws. Two new concepts that emerge from the Mod Act are “informed compliance” and “shared responsibility,” which are premised on the idea that in order to maximize voluntary compliance with laws and regulations of U.S. -
The Theory of International Tax Competition and Coordination
CHAPTER 5 The Theory of International Tax Competition and Coordination Michael Keen* and Kai A. Konrad†,‡ *International Monetary Fund, Fiscal Affairs Department,Washington DC 20431, USA †Max Planck Institute for Tax Law and Public Finance, Marstallplatz 1, 80539 Munich, Germany ‡Social Science Research Center Berlin, Germany Contents 1. Introduction 258 2. Uncoordinated Actions 262 2.1. Workhorse Models 263 2.1.1. The Zodrow, Mieszkowski, and Wilson (ZMW) Model 263 2.1.2. The Kanbur-Keen (KK) Model 275 2.2. Sequential Decision Making 278 2.3. Pure Profits and International Portfolio Diversification 282 2.4. Tax Competition with Multiple Instruments 284 2.5. Vertical Externalities and the Strategic Role of Internal Governance Structure 285 3. Coordination 288 3.1. Asymmetries and the Limits of Harmonization 289 3.2. Minimum Tax Rates 289 3.3. Coordination Among a Subset of Countries 293 3.4. Coordination Across a Subset of Instruments 295 3.5. Dynamic Aspects 296 3.5.1. Infinitely Repeated Interaction 296 3.5.2. Endogenous Savings and Time Consistent Taxation 298 3.5.3. Stock Effects and Agglomeration 302 4. Broadening the Perspective 303 4.1. Bidding for Firms 303 4.2. Preferential Regimes 305 4.3. Information Exchange and Implementation of the Residence Principle 308 4.4. Tax Havens 311 4.4.1. Which Countries Become Tax Havens? 311 4.4.2. Are Tax Havens Good or Bad? 312 4.4.3. Closing Down Tax Havens 314 4.5. Formula Apportionment 315 4.6. Political Economy and Agency Issues 318 4.6.1. Tax Competition and Leviathan 318 4.6.2. -
Optimisation Through Offshore – Between Reality and Legality
MATEC Web of Conferences 342, 08009 (2021) https://doi.org/10.1051/matecconf/202134208009 UNIVERSITARIA SIMPRO 2021 Optimisation through offshore – between reality and legality Bianca Cristina Ciocanea 11, Ioan Cosmin Pițu 2, Paraschiva Mihaela Luca3, and Dragoș Mihai Ungureanu4 1 Lucian Blaga University of Sibiu, Department of Doctoral Studies B-dul Victoriei Street 20, Sibiu, Romania 2 Lucian Blaga University of Sibiu, Department of Doctoral Studies B-dul Victoriei Street 20, Sibiu, Romania 3 Lucian Blaga University of Sibiu, Department of Doctoral Studies B-dul Victoriei Street 20, Sibiu, Romania 4 Spiru Haret University, Bucharest România Abstract. The study highlights the complete image of the characteristics regarding offshore areas, by taking into account the perspective to deploy new measures of fiscal transparency. The importance of such areas stems from the fact that world economies lose important sums of money, every year by default of taxes. This happens as a consequence of corporative international abuse of fiscal evasion and the relocation of the profit made by big companies. The sums resulted from erosion of national taxation bases, from fiscal evasion and fraud and other infringements connected with fiscal evasion (are often being transferred to offshore companies so that their illegal characteristics gets lost and after that to be reintroduced into the economic cycle. The main characteristics of these offshore centres is lack of transparency and cooperation with foreign authorities, fiscal and banking secrecy being considered the guarantee of the offshore areas, measurable variables, fleshes in indicators that reflect the secret degree for each state. Therefore, fighting against such practicies through offshore societies aims at enforcing some measures to enlarge transparency and for the regions do not cooperate there is no granting of fiscal deductibility for transactions that entail the transfer of sums to the respective regions.