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Lowtax Network Hosted Blogs 

19 October 2008
Tax Harmonization Is Coming!
A little noticed judgement from the European Court of Justice last week cements another brick in the wall of European tax harmonization.

Governments of member states such as the UK and Ireland stand firmly behind their red lines, refusing to allow the EU to have 'competence' over fiscal matters other than VAT, where the battle was lost a long time ago, and fighting against the CCCTB (Common Consolidated Corporate Tax Base) while, through the back door, the ECJ is quietly colonizing their tax systems, bit by bit tying them down with gossamer rulings which they hardly notice, but which will one day render them immobile.

The latest ruling, by Advocate General Mengozzi, states that the German tax authorities were wrong to disallow a tax deduction for a charitable donation by a German citizen because the beneficiary organisation was located in another member state. His opinion argues that less favourable tax treatment for cross-border donations may discourage people from making such donations and found that the German legislation constitutes a restriction on the movement of capital within the single market.

Almost all countries give tax deductions for charitable donations, but most of them set hurdles in the path of people who try to claim for donations made to foreign charities, or exclude them altogether. In some countries, the charity is able to claim back basic rate income tax on donations, leaving the donor to claim higher rate relief if appropriate. How will this work in a harmonized EU? Surely the ECJ will say in due course that a Bulgarian charity should be able to claim UK basic rate income tax on a donation made by a Brit? The Inland Revenue will be apoplectic, but the logic is impeccable.

While we're on the subject, isn't it about time that the ECJ and or the EU Commission itself did something about the practical impossibility of reclaiming VAT paid on foreign services? If for instance an EU business hosts a sales meeting in another member state, the VAT charged by the venue is theoretically reclaimable by the buyer, but in reality the bureaucracy totally - and intentionally - prevents this from happening, and needless to say, the buyer is unable to reclaim the VAT through its VAT return. This is iniquitous, and is a glaring breach of the freedoms incorporated in the EU Treaties.

You have been reading an entry on the following blog:

Jeremy Hetherington-Gore Unleashed
Jeremy tackles the difficult issues head on!
Contact: jeremyhetheringtongore@yahoo.com





Other recent entries in this blog:

02 November 2008
You Can't Escape; Resistance is Futile
KPMG told us last week that there is something of a competition between countries to attract highly mobile, better off people with lower tax rates, and it foresaw a time when indirect taxes (VAT and the like) would be of more importance than direct taxes such as income tax.

Individual citizens, except at the highest levels of wealth, are firmly rooted within the nation state of their birth, due to inertia, language, family ties and culture, allowing nation states to tax them with little fear that they will decamp to rival countries. At least, that is true during their productive (and most tax-generative) years. In retirement, people have more choices. Recent surveys have shown that astonishingly high proportions of people in high-taxed countries such as the UK would leave if they could, and many are preparing the way by buying properties in countries which they see as being more welcoming (warmer, less expensive and less taxing).

There are long term trends which will gradually break down the convenient access nation states have to the income and assets of their citizens, including:

  • the ease of tele-working (you can work for a Berlin company as a consultant while living in Malta);
  • the fleet-footedness of companies, noted above, which can quickly remove taxable activity from a high-taxing jurisdiction, making it far harder for the jurisdiction to tax their residents' income streams from such a company;
  • the rapid growth of virtual (Internet) economic activity, which is often hard to attribute to any particular taxing jurisdiction; and
  • the growth in individual wealth, leading to higher and higher proportions of 'rentier' income, allowing individuals to base themselves in low-taxing jurisdictions while providing paid-for services to supplement income.

It is not easy to forecast how this combination of trends (and others) will work out, but it seems unavoidable at least that the taxing countries will reach an agreed international solution, possibly based on residence periods. Thus, there could be universal taxation based on physical residence (you live in the Comoros Islands for six days in a year, you will pay tax on 6/365 of your global income to the Comoros, at their rate of income taxation). There will be no corporate tax ('People pay taxes, not companies' - Mrs Thatcher, c. 1980), withholding taxes, VAT or double tax treaties (not needed).

Alongside some kind of globalisation of personal taxation, it is reasonable also to expect that there will be a global currency, and world-wide insurance for health-care, pensions etc, with such 'social' benefits being provided by global, private companies rather than by nation states.

There are some pre-conditions to such a system, however, including (something inevitable) that individuals will have tamper-proof biometric identification, that financial flows will be fully transparent, and that language will have ceased to be a barrier to human interaction. These conditions are likely to have been fulfilled by 2030, so that is the probable timescale of personal fiscal globalisation.

Once it has happened, it will be left to countries only to compete in terms of what they can offer individuals: the local income taxation rate, and non-economic goods such as quality of life, law and order, planning and zoning, and 'culture'.

In the medium term there may still be national safety nets for individuals and families; longer-term, they are likely to become part of a globalized welfare system.


19 October 2008
Tax Harmonization Is Coming!
A little noticed judgement from the European Court of Justice last week cements another brick in the wall of European tax harmonization.

Governments of member states such as the UK and Ireland stand firmly behind their red lines, refusing to allow the EU to have 'competence' over fiscal matters other than VAT, where the battle was lost a long time ago, and fighting against the CCCTB (Common Consolidated Corporate Tax Base) while, through the back door, the ECJ is quietly colonizing their tax systems, bit by bit tying them down with gossamer rulings which they hardly notice, but which will one day render them immobile.

The latest ruling, by Advocate General Mengozzi, states that the German tax authorities were wrong to disallow a tax deduction for a charitable donation by a German citizen because the beneficiary organisation was located in another member state. His opinion argues that less favourable tax treatment for cross-border donations may discourage people from making such donations and found that the German legislation constitutes a restriction on the movement of capital within the single market.

Almost all countries give tax deductions for charitable donations, but most of them set hurdles in the path of people who try to claim for donations made to foreign charities, or exclude them altogether. In some countries, the charity is able to claim back basic rate income tax on donations, leaving the donor to claim higher rate relief if appropriate. How will this work in a harmonized EU? Surely the ECJ will say in due course that a Bulgarian charity should be able to claim UK basic rate income tax on a donation made by a Brit? The Inland Revenue will be apoplectic, but the logic is impeccable.

While we're on the subject, isn't it about time that the ECJ and or the EU Commission itself did something about the practical impossibility of reclaiming VAT paid on foreign services? If for instance an EU business hosts a sales meeting in another member state, the VAT charged by the venue is theoretically reclaimable by the buyer, but in reality the bureaucracy totally - and intentionally - prevents this from happening, and needless to say, the buyer is unable to reclaim the VAT through its VAT return. This is iniquitous, and is a glaring breach of the freedoms incorporated in the EU Treaties.


Latest 25 entries from all other blogs:

23 November 2008
Please Securitize Me

19 November 2008
You Don’t Know Until You Go!

28 October 2008
Why the Financial Crisis Doesn't Really Matter

26 October 2008
Is Oil Cheap?

14 October 2008
The British Government’s ‘Ill Considered’ Use of Anti-Terrorist Financing Legislation against Iceland and the Wider Implications

07 October 2008
How and Why You Should Buy Physical Gold Offshore

04 October 2008
Thank You, Mr Paulson

22 September 2008
Scam Busters: Second Citizenship and Passport

05 September 2008
Offshore Banking: Failure to Open a Bank Account

29 August 2008
How to Avoid Envy by Keeping a Low Profile

21 August 2008
High Yield Offshore Investment Programs: Do They Exist?

20 August 2008
Blacklisted Offshore: Private Consultant's Opinion

18 August 2008
Why taking a vacation can improve your health – and wealth!

17 August 2008
Alphabet Soup

11 August 2008
Your Ships Come in Over a Calm Sea

07 August 2008
While Offshore Banking Giants are in Trouble

05 August 2008
Microchips with Everything

27 July 2008
Don't Play Poker With Uncle Sam

25 July 2008
Is Dominica Good for Your Offshore Business?

25 July 2008
How to Leverage Offshore E-Commerce in Your Existing Business

16 July 2008
Is there a trade-off between Freedom and Security?

11 July 2008
Return of Capital is More important than Return on Capital

04 July 2008
Thoughts on Investing in Panama

27 June 2008
Why Offshore Banking Privacy is More Important than Ever

17 June 2008
You Really Can Physically Create Wealth Offshore: Part 2 of 2

See the Lowtax Network Blogs page for older entries.


Popular Blogs:

Jeremy Hetherington-Gore Unleashed
Jeremy tackles the difficult issues head on!

Penelope Wise
Penny Wise but not Pound Foolish! But remember: I am not offering investment advice. My comments are just for your general information; I do not recommend investments, and you should take professional advice before entering any investment contract.

First Atlantic Commerce

Molina & Co

The Q Wealth Report
Peter Macfarlane of The Q Wealth Report blogs on Freedom, Wealth and Privacy

Offshore Advisor
Mary Cleo of Offshore Advisor - all about business off shore


Interested in blogging on Lowtax? We are currently accepting submissions!

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