Sisyphus Had It Easy Reflections on Tax and Budget Reform

Total Page:16

File Type:pdf, Size:1020Kb

Sisyphus Had It Easy Reflections on Tax and Budget Reform Sisyphus Had it Easy Reflections on Tax and Budget Reform By Eugene Steuerle In the heady days after his re-election, Presi- dent Bush promised to replace the current tax system with something better. Politicians often delude themselves that reform can be sum- moned by proclamation. But, a wholesale trans- formation of the income tax system isn’t about Ito happen quickly or painlessly. In fact, only painstaking bottom-up planning could do the trick. The three major tax reforms since World 18 The Milken Institute Review First Quarter 2005 19 War II – in 1954, 1969 and 1986 – all required highly cherished tax breaks for higher educa- an enormous amount of staff work and tion, not to mention preferential tax rates on Congressional coalition building. And of the income received as capital gains. three, only the 1986 changes amounted to a Meanwhile, the average citizen faces an true makeover. array of tax-based retirement-plan provisions Since the tax system now affects nearly that makes the fabled Clinton health reform every facet of American life, hardly anyone plan look simpler than a Starbucks menu. likely to pay more goes to the shearing with- Check that: I meant Starbucks before the lat- out a bleat. Tax breaks provide indirect subsi- est tax legislation, which grants a tax break to dies to homeowners that are greater than the some integrated coffee chains on “the value of entire budget of the Department of Housing roasted coffee beans used to brew the coffee,” and Urban Development. The Earned Income provided the roasting is done off premises. Tax Credit program is now larger than any Real tax reform can’t begin until policy- other welfare program, including food stamps. makers (or, at least, their staffs) understand The break for employer-provided health in- the implications of change for everyone from surance, currently costing $150 billion per caffeine empires like Starbucks to farmers year, is the largest federal health subsidy for who make a living selling their corn to make the non-elderly and is growing faster than al- ethanol additives for gasoline. Saying that one most all other domestic programs. And then, is for tax reform is like saying that one is for of course, there are more than half a dozen eliminating wasteful government expendi- tures; it’s just not very informative. Throwing out the tax code may sound fi ne EUGENE STEUERLE, co-director of the Urban-Brookings Tax Policy Center, served as deputy assistant secretary for in a sound bite. But policymakers still have to tax analysis of the Treasury from 1987 to 1989 and as presi- decide what to do with federal programs for dent of the National Tax Association. Parts of this article are taken from his book, Contemporary United States Tax housing, work, education, retirement, char- Policy (Urban Institute Press, 2004). ity, energy, environment, transportation and anderson mark 20 The Milken Institute Review The president and Congress have inherited health care and retirement policies that long ago put government spending on an unsustainable track. all the other policies now largely implement- health care and retirement policies that long ed through the tax code. By the same token, ago put government spending on an unsus- someone still has to decide whether the IRS tainable track. The problem is not just that is going to need employees to rate movies spending on the elderly accelerates in 2008, for arousal potential, because Congress has when the boomers start turning 62; it’s also extended the new manufacturing tax break that the growth rate of national income and to that vital piece of the industrial heartland government revenues can be expected to known as Hollywood – excluding, “certain decline along with the drop in the fraction of sexually explicit productions.” adults working and paying taxes. When the Sometimes, reformers can’t ignore the boomers are all in their dotage, close to one implications of tax change, even if they are adult in three will be collecting Social Secu- determined to try. Converting the income rity. The cost of Medicare, another wide open tax to a consumption tax, for example, would entitlement for seniors, will grow even fast- eliminate special incentives for retirement er than Social Security outlays; the new pre- saving at a time when such saving is one hope scription drug program will only add to the of making it through the baby boomers’ gold- budget problem. en years without bankrupting the Treasury. Exacerbating the fi scal crunch, the last However diffi cult and even quixotic, the few Congresses went on a giveaway spree like quest for tax reform must be undertaken once none other in the nation’s history. New tax in a while if for no other reason than to keep cuts and entitlements, a defense buildup and the arteries of the tax system from becoming more spending for farms, highways, workers, hopelessly clogged with preferences. Trouble doctors, manufacturers and everyone’s favor- is, to keep budget defi cits within bounds, the ite uncle breezed through Capitol Hill. This public would have to swallow the changes as- rapid, unparalleled growth in commitments sociated with base-broadening and simplifi - from a “conservative” Congress has been the cation with an even bitterer swig of defi cit re- major factor wrenching the federal budget duction. Meanwhile, President Bush is at- from short-term surplus to yawning defi cit – tempting to make his previous tax cuts per- a turnaround of 7 percent of GDP. manent, which implies that any defi cit-cut- In the current post-election budget milieu, ting measures he proposes would suck more the powerful push for tax reform that does cash from fewer pockets. The same can be not affect total revenues can mean much more said of changes required if part of the Social than simplifying and rationalizing some of Security tax is redirected into individual ac- the provisions catalogued above. Some want counts, leaving Washington to cover the sys- a revenue-neutral reform to further lower tax tem’s existing liabilities from other sources. rates (particularly on investment income) as The backdrop for reform is even darker. a matter of economic policy, and competing The president and Congress have inherited consumption tax proposals abound. Every First Quarter 2005 21 A common place of conflict is the nexus between progressivity and individual equity, since taking from A, a person with means, to give to B, a person with needs, typically also denies A some of the rewards of his or her own work. special break in the tax code has a private that those with equal ability to pay should lobby to defend it, not to mention a cheering pay equal taxes. section within the government bureaucracy. • Progressivity, or “vertical equity,” suggests that those with greater needs should receive retreat from tax principles more from government and that those with Tax breaks – “tax expenditures” in econom- greater ability should pay more to govern- ic jargon – account for one-fourth to one- ment. third of government benefi ts and subsidies. • “Individual equity” holds that individuals The tax code is riddled with preferences that are entitled to the product of their own labor undermine the goal of equal treatment under and to a fair return on their own saving. the law, distort investment and consump- • Effi ciency requires that programs should tion choices, and boost administrative and operate with as little waste or distortion of enforcement costs. behavior as possible. Clearly, simplifi cation is among the most • Simplicity and transparency complement slighted tax principles. Joel Slemrod of the the fi rst four principles. University of Michigan estimates that the These principles sometimes clash. A com- value of time spent on fi ling income tax mon place of confl ict is the nexus between returns alone is equal to about 10 percent of progressivity and individual equity, since tak- the total income from tax collections. This ing from A, a person with means, to give to B, tax tithe is no argument for stripping every a person with needs, typically also denies A preference from the tax code – some do serve some of the rewards of his or her own work. defensible social purposes. However, there is But such confl icts don’t explain how far we’ve little excuse for the inequity, ineffi ciency and strayed from the righteous path. The tax sys- complexity associated with, say, the alterna- tem is rife with examples in which one princi- tive minimum tax, or the layers upon layers ple is violated without furthering another. of savings subsidies, child credits and allow- ances, capital gains tax rates and energy and retreat from budget principles environmental subsidies. This morass has Improving tax policy requires at least some formed because both major political parties modicum of budget discipline. Unfortunate- have all but abandoned traditional tax reform ly, that’s pretty much disappeared, too. Per- principles. haps the most troublesome transgression is Does anyone even remember what those the way Washington is effectively restricting principles are? Here’s a quick reminder: future budget choices. • Equal justice, or “horizontal equity,” asserts The name of the game in Washington and 22 The Milken Institute Review most state capitals these days is to spend the money before somebody else does. And that means spending not just today’s rev- enues, but tomorrow’s as well. Throughout most of the nation’s his- tory, Congress avoided budget deci- sions that dug an enduring hole. Indeed, except in wartime, eco- nomic growth prompted suffi - cient growth in revenue to cover temporary defi cits created by high- er discretionary spending. Thus, even careless spending, or tax-cutting, did not perpetuate future defi cits.
Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • The History, Evolution and Future of Tax Havens
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Repositori Institucional de la Universitat Jaume I THE HISTORY, EVOLUTION AND FUTURE OF TAX HAVENS NÁYADE GUERRERO GÓMEZ [email protected] 2016/2017 TUTOR: GREGORI DOLZ BENLLIURE TITULACIÓN: FINANZAS Y CONTABILIDAD THE HYSTORY, EVOLUTION AND FUTURE OF TAX HAVENS INDEX: 1. Summary. .3 2. Introduction. 4 3. Historic evolution. .6 3.1. Why did they appear? 3.2. Problems with tax havens 4. Concepts and definitions. .10 4.1. User classification 5. Tax havens‘ basic characteristics. 13 5.1. Characteristics 5.2. Factors to consider when choosing a tax haven 5.3. Role in global economy 6. Efforts to eradicate them and Why do they still exist? . 19 7. Conclusion. .24 8. Bibliography. .26 2 THE HYSTORY, EVOLUTION AND FUTURE OF TAX HAVENS 1. SUMMARY Since the very early 20th century tax havens have played a very important role in global economy. Corporations and individuals have always seeked their services in order to avoid tax. Tax havens as such have always existed but it has been in the last century when they have developed a more financial approach to the services they provide. Offshore banking, secrecy, neutral taxation and ease of investment is amongst them. The purpose of this paper is to analyse and focus on the history of tax havens, its characteristics and how they have been able to become so powerful and influential in today‘s world. As much as there have been efforts to eradicate them, external support and backing has allowed them to keep expanding and keep performing their services.
    [Show full text]
  • AICPA Comments on Small Business Relief from Definition of Tax Shelter
    February 13, 2019 Mr. William M. Paul Mr. Scott K. Dinwiddie Acting Chief Counsel Associate Chief Counsel Internal Revenue Service Income Tax & Accounting 1111 Constitution Avenue, NW Internal Revenue Service Washington, DC 20224 1111 Constitution Avenue, NW Washington, DC 20224 Re: Small Business Relief from Definition of Tax Shelter Dear Messrs. Paul and Dinwiddie: The American Institute of CPAs (AICPA) requests that the Department of the Treasury (“Treasury”) and the Internal Revenue Service (IRS) provide certain small businesses relief from the definition of a tax shelter to ensure that they will qualify for the small business simplifying provisions available under Public Law No. 115-97, commonly referred to as the Tax Cuts and Jobs Act (TCJA). TCJA contains numerous simplifying provisions for small businesses. In particular, small businesses that meet the $25 million gross receipts test have the ability to use the overall cash method of accounting; account for inventory under special rules of section 471(c); receive an exemption from the uniform capitalization rules; receive an exception for certain construction contracts from using the percentage-of-completion method; and receive an exemption from the section 163(j)1 limitation on business interest deduction for years beginning after December 31, 2017. However, a small business that meets the definition of a tax shelter, regardless of its ability to meet the $25 million gross receipts test, is ineligible to use the above simplifying provisions. BACKGROUND Many simplifying provisions under TCJA provide an exception for certain small businesses. Certain small businesses are generally defined as “any taxpayer (other than a tax shelter prohibited from using the cash receipts and disbursements method of accounting under section 448(a)(3)) which meets the gross receipts test of section 448(c).” Specifically: Section 448(b)(3) provides an exception to the limitation on the use of the cash method of accounting to “entities which meet gross receipts test” of section 448(c).
    [Show full text]
  • Reform of U.S. International Taxation: Alternatives
    Reform of U.S. International Taxation: Alternatives Jane G. Gravelle Senior Specialist in Economic Policy August 1, 2017 Congressional Research Service 7-5700 www.crs.gov RL34115 Reform of U.S. International Taxation: Alternatives Summary A striking feature of the modern U.S. economy is its growing openness—its increased integration with the rest of the world. The attention of tax policymakers has recently been focused on the growing participation of U.S. firms in the international economy and the increased pressure that engagement places on the U.S. system for taxing overseas business. Is the current U.S. system for taxing U.S. international business the appropriate one for the modern era of globalized business operations, or should its basic structure be reformed? The current U.S. system for taxing international business is a hybrid. In part, the system is based on a residence principle, applying U.S. taxes on a worldwide basis to U.S. firms while granting foreign tax credits to alleviate double taxation. The system, however, also permits U.S. firms to defer foreign-source income indefinitely—a feature that approaches a territorial tax jurisdiction. In keeping with its mixed structure, the system produces a patchwork of economic effects that depend on the location of foreign investment and the circumstances of the firm. Broadly, the system poses a tax incentive to invest in countries with low tax rates of their own and a disincentive to invest in high-tax countries. In theory, U.S. investment should be skewed toward low-tax countries and away from high-tax locations.
    [Show full text]
  • THE TRUTH ABOUT TAX REFORM Michael J
    University of Florida Law Review VOLUME 40 FALL 1988 NUMBER 4 DUNWODY DISTINGUISHED LECTURE IN LAW THE TRUTH ABOUT TAX REFORM Michael J. Graetz* I. INTRODUCTION .......•••••••••.••...•... 617 II. THE SORRY STATE OF PRIOR LAW. ••••••••..• 618 III. THE POLITICAL MIRACLE ••••••••••.......• 619 IV. THE CRITICAL IDEA ••••••••••...•....•.•• 622 V. AN UNEASY MARRIAGE •..••••••••••••••••• 623 VI. THE TwIN TOWERS: REVENUE NEUTRALITY AND DISTRIBUTIONAL NEUTRALITY ••••••••••••••• 623 VII. THE OVERALL EFFECTS OF THE 1986 ACT •..... 625 VIII. THE DEMISE OF FEDERAL TAX PROGRESSIVITY •• 626 IX. THE TENUOUS CAPITAL GAIN LINCHPIN •...••• 628 X. A GREAT LEAP FORWARD FOR TAX FAIRNESS? •. 629 XI. SIMPLIFICATION •••••••.•....•••••••••••• 633 XII. THE 1986 ACT AS A SOLUTION TO THE TAX COMPLIANCE PROBLEM AND OTHER IMPOSSIBLE DREAMS •••••••••••••••....•...••••••• • 635 XIII. CONCLUSION............................ 637 I. INTRODUCTION The Tax Reform Act of 1986 has been widely heralded as the most important tax legislation since the income tax was converted to a tax on the masses during the Second World War. Since his favorite pro­ posal for a constitutional amendment - the one calling for a balanced budget - was not adopted, the 1986 Tax Reform Act clearly will be *Justice S. Hotchkiss Professor of Law, Yale. B.B.A., 1966, Emory University; LL.B., 1969, University of Virginia. This article was delivered as the Dunwody Lecture at the University of Florida College of Law, on March 11, 1988. Certain portions of this article appeared as commentary by the author in TAX TIMEs. 617 HeinOnline -- 40 U. Fla. L. Rev. 617 1988 618 UNIVERSITY OF FLORIDA LAW REVIEW [Vol. 40 the major domestic achievement of Ronald Reagan's presidency. This law even produced the new Internal Revenue Code of 1986; no more Internal Revenue Code of 1954, as amended.
    [Show full text]
  • Following the Money: Lessons from the Panama Papers Part 1
    ARTICLE 3.4 - TRAUTMAN (DO NOT DELETE) 5/14/2017 6:57 AM Following the Money: Lessons from the Panama Papers Part 1: Tip of the Iceberg Lawrence J. Trautman* ABSTRACT Widely known as the “Panama Papers,” the world’s largest whistleblower case to date consists of 11.5 million documents and involves a year-long effort by the International Consortium of Investigative Journalists to expose a global pattern of crime and corruption where millions of documents capture heads of state, criminals, and celebrities using secret hideaways in tax havens. Involving the scrutiny of over 400 journalists worldwide, these documents reveal the offshore holdings of at least hundreds of politicians and public officials in over 200 countries. Since these disclosures became public, national security implications already include abrupt regime change and probable future political instability. It appears likely that important revelations obtained from these data will continue to be forthcoming for years to come. Presented here is Part 1 of what may ultimately constitute numerous- installment coverage of this important inquiry into the illicit wealth derived from bribery, corruption, and tax evasion. This article proceeds as follows. First, disclosures regarding the treasure trove of documents * BA, The American University; MBA, The George Washington University; JD, Oklahoma City Univ. School of Law. Mr. Trautman is Assistant Professor of Business Law and Ethics at Western Carolina University, and a past president of the New York and Metropolitan Washington/Baltimore Chapters of the National Association of Corporate Directors. He may be contacted at [email protected]. The author wishes to extend thanks to those at the Winter Conference of the Anti-Corruption Law Interest Group (ASIL) in Miami, January 13–14, 2017 who provided constructive comments to the manuscript, in particular: Eva Anderson; Bruce Bean; Ashleigh Buckett; Anita Cava; Shirleen Chin; Stuart H.
    [Show full text]
  • Free: 115.52 KB
    ASIAN DEVELOPMENT BANK A XECUTIVE D E INSTITUTE Kasumigaseki Bldg. 8F 3-2-5 Kasumigaseki B SUMMARY Chiyoda-ku, Tokyo 100-6008 Japan I Tel: 81 3 3593 5500, Fax: 81 3 3593 5571 SERIES No. S52/01 Email: [email protected] http://www.adbi.org 2001 Tax Conference 5-11 September 2001, Tokyo Executive Summary of Proceedings CONTENTS 2 The governance of tax systems requires governments to Page continue their effort to stamp out corruption and insure Key Messages 1 that the tax systems help the majority and not hurt them in Introduction 3 such endeavors. This is another example of the need for Opening Remarks 3 international cooperation. Taxation in an Interdependent World 4 Japan and International Tax Cooperation 5 3 Tax havens are a genuine concern to all as they erode the Tax Competition Not Necessarily Harmful 5 revenue base. It is however important to understand how E-Commerce and Tax 6 harmful it is and to whom? Who really benefits from tax The Source of Income, Tax Arbitrage and havens? Perhaps this is an area, which deserves detailed Double Tax Agreements 7 research. Transfer Pricing–Advance Pricing Agreements 8 Rationale and Scope for Fiscal Restructuring in At the specific country level, fiscal restructuring and Asia 9 4 Environmental Tax 10 financial sector restructuring are areas where attention Tax Administration and Compliance 11 of national governments as well as donors should go for Electronic Filing of Tax Returns 13 a long-term solution to the ensuing problem from truly Country Experiences with Value Added Tax tax havens.
    [Show full text]
  • Anatomy of a Domestic Tax Shelter by Bruce J
    Volume 100, Number 7 May 17, 2021 Anatomy of a Domestic Tax Shelter by Bruce J. Fort Reprinted from Tax Notes State, May 17, 2021, p. 689 © 2021 Tax Analysts. All rights reserved. Tax Analysts does not claim copyright in any public domain or third party content. © 2021 Tax Analysts. All rights reserved. Analysts does not claim copyright in any publicdomain PRACTICE & ANALYSIS tax notes state Anatomy of a Domestic Tax Shelter by Bruce J. Fort definition of the water’s-edge combined filing Bruce J. Fort is senior counsel with the group for so-called domestic 80/20 companies. A Multistate Tax domestic 80/20 company is typically described as Commission. a U.S. corporation having 80 percent or more of its payroll and property located overseas; other In this article, Fort states describe the excluded 80/20 companies as explores how several U.S. corporations having less than 20 percent states came to include 1 an obscure provision in domestic factors. their laws that has Domestic 80/20 companies create an enabled multinational opportunity for income sheltering because the corporations to companies are excluded from the states’ water’s- significantly reduce or edge return, yet they are included in the federal eliminate their state tax consolidated filing regime. As explained in some liabilities. detail below, the federal tax code encourages The opinions expressed in this article are the transfers of assets between related domestic author’s alone and do not necessarily represent corporations. The states’ conformity to this those of the MTC or its member states policy sets the stage for nonrecognition transfers of assets to domestic 80/20 companies, without Introduction triggering the federal tax obligations that would arise from a transfer to a true foreign subsidiary.
    [Show full text]
  • In Or Out: How to Treat Foreign Taxes Under the Economic Substance Doctrine Roland Hartung Washington and Lee University School of Law
    Washington and Lee Law Review Volume 75 | Issue 2 Article 10 4-1-2018 In or Out: How to Treat Foreign Taxes Under the Economic Substance Doctrine Roland Hartung Washington and Lee University School of Law Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Comparative and Foreign Law Commons, and the Tax Law Commons Recommended Citation Roland Hartung, In or Out: How to Treat Foreign Taxes Under the Economic Substance Doctrine, 75 Wash. & Lee L. Rev. 1171 (2018), https://scholarlycommons.law.wlu.edu/wlulr/vol75/iss2/10 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. In or Out: How to Treat Foreign Taxes Under the Economic Substance Doctrine Roland Hartung* Table of Contents I. Introduction .................................................................... 1172 II. The Economic Substance Doctrine ................................ 1174 A. History and Modern Use of the Economic Substance Doctrine .................................................. 1174 B. Clarification of the Economic Substance Doctrine .. 1183 III. The Circuit Split: Should Foreign Taxes Be Included in the Calculation of Pre-Tax Profits? ........................... 1186 A. The Eighth Circuit: IES Industries, Inc. v. United States ............................................................ 1187 B. The Fifth Circuit: Compaq Computer Corporation v. Commissioner .................................. 1190 C. The Federal Circuit: Salem Financial, Inc. v. United States ................... 1192 D. Second Circuit: Bank of New York Mellon Corporation v. Commissioner .................................
    [Show full text]
  • Financial Secrecy, Banks and the Big 4 Firms of Accountants
    Key Data Report Mapping Financial Secrecy Financial Secrecy, Banks and the Big 4 Firms of Accountants Key Data Report Financial Secrecy, Banks and the Big 4 Firms of Accountants Prepared by Moran Harari, Markus Meinzer and Richard Murphy 1 Executive Summary The evidence in this paper suggests that banks and the Big 4 firms of accountants appear to move activity to locations with a high level of financial secrecy offered by law and regulations because their opportunities to make profit appear to increase in conditions of secrecy. Such patterns of behaviour inevitably mean that they must on occasion, wittingly or otherwise, facilitate the handling of illicit financial flows, as evidence noted suggests to be the case. The reported conduct of these banks and accountants also suggests that on occasion they fail to meet the required standards of behaviour expected by law or codes of ethics. In addition, the evidence noted suggests that a high number of banks and Big 4 firms per capita in a jurisdiction results in them having a disproportionate political influence, tending to lead to an increase in the financial secrecy offered by such places through law and regulations. The first part of this paper collects and presents qualitative evidence that supports these two hypotheses. Part two of this paper presents quantitative evidence that there is a systematic and positive correlation between the number of banks and the Big 4 firms in a jurisdiction on the one hand and the secrecy score of a jurisdiction as measured by the Financial Secrecy Index (FSI) on the other. 1 Moran Harari ( [email protected] ) is a lawyer working with Tax Justice Network International Secretariat (TJN-IS) on the financial secrecy index (FSI).
    [Show full text]
  • Some Background
    TAX POLICY CENTER BRIEFING BOOK Some Background TAX GAP AND TAX SHELTERS What is a tax shelter? XXXX Q. What is a tax shelter? A. Tax shelters are ways individuals and corporations reduce their tax liability. Shelters range from employer-sponsored 401(k) programs to overseas bank accounts. The phrase “tax shelter” is often used as a pejorative term, but a tax shelter can be a legal way to reduce tax liabilities. Someone who thinks a feature of the tax code giving taxpayers the ability to reduce taxes is not a good idea might label it a shelter. Someone else might call that feature of the tax code an incentive. And as the esteemed jurist, Learned Hand, explained: “Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury.” Individuals and corporations can reduce their final tax liabilities by allocating some portion of their incomes to tax shelters. Although they are classically associated with wealthy households and corporations who use anonymous Swiss bank accounts, tax shelters are more accessible and widespread than the usual association may suggest. For example, employer-sponsored 401(k) programs and individual retirement accounts are widespread and accessible ways individuals can “shelter” some of their income from taxation. ABUSIVE TAX SHELTERING But a tax shelter also may be defined narrowly, as a transaction or strategy that generates tax benefits unintended by the Congress or the IRS. Often a tax shelter relies on a literal interpretation of a statute to achieve a result that is “too good to be true.” Professor Michael Graetz once defined a tax shelter as “a deal done by very smart people that, absent tax considerations, would be very stupid.” The Internal Revenue Service makes a distinction between tax sheltering (which encompasses legal forms of reducing tax liability, like retirement plans) and “abusive” tax sheltering (including tax evasion, which is illegal).
    [Show full text]