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Lowtax Network Hosted Blogs 

05 April 2009
Thank You, Gordon, Now Here's The Money For Your Bus Home
Just in the last week, the outlines of the 'new world order' which will shape the international fiscal landscape for the next few decades have become perceptibly clearer, with low-tax jurisdictions rushing to sign information exchange agreements with their high-tax tormentors in order to avoid inclusion on the OECD's new blacklist, which most of them have indeed escaped.

Before giving up on offshore as a bad job, however, it is worth remembering what has actually changed, and what happened last time that the OECD bullied low-tax countries, in 2000. On that occasion the OECD wanted two things: transparency and higher taxes. It got transparency, as dozens of offshore jurisdictions enacted 'know your customer' rules and banned bearer shares. But it didn't get higher taxes - the offshore jurisdictions banded together and shamed the OECD into agreeing a 'level playing field' which maintained tax competition as a respectable concept.

This time the OECD is attacking secrecy, making sure that high-tax country citizens cannot hide their wealth or income away from the eyes of their home tax authorities. But the OECD is flogging a dead horse: fishing expeditions by tax authorities in the UK, the USA, Ireland, Germany and France have made offshore concealment a dangerous and expensive game to play. No sensible, seriously wealthy person would any longer take the chance of evading taxes on a major scale. And they don't have to, anyway, there are plenty of legitimate ways of protecting your wealth without hiding it under a rock on a Caribbean island.

One of the best ways of protecting yourself from taxes is by not living in a high-tax country, and the counterpart of the OECD's efforts to prise open the offshore shutters will be an ever-increasing stream of tax-emigres. Something that the tax authorities don't 'get' is that taxation is a bargain with two parties - the taxman and the taxpayer. Taxpayers pay because the bargain is worth it to them, and for the last fifty years wealthy people have accepted the bargain because they were able to protect most of their wealth from taxation, using legitimate or illegitimate means.

The behaviour of the cloth-eared British Treasury over 'non-doms' is a perfect example of how to kill the goose that was laying such a rich harvest of golden eggs. New rules apply an annual GBP30,000 charge to any long-term non-domiciled UK resident (not born there, roughly speaking) in addition to local-source taxation. One in four resident but non-domiciled taxpayers in the UK who responded to a recent poll regarding the changes to the non-dom tax regime have already made the decision to leave the country, and another 25% have said they will wait and see before doing so. Now, do you suppose these are the poorer 50% of non-doms, or the richer? No prizes for guessing that the richer people will leave, while the poorer ones will stay.

Something else that the tax authorities don't 'get' is the Internet. There is no longer any need for a business person, an investor or a company to have a physical presence in a country in order to operate there. The foreign hedge fund managers in New York who have been able to treat 'carried interest', ie their fund management profits, as low-taxed capital gains rather than high-taxed income will all be on the way to Dublin, Zurich or Cyprus as soon as Congress passes the inevitable law to change the current regime. All the rich Russians have already left Moscow as fast as their Lear Jets could carry them.

And this uncomprehending behaviour at a moment when the trillions of taxpayers' money being thrown at the world's banking sector by short-sighted politicians hang like a toxic cloud over the rich countries' fiscal landscape. Taxes are going up, make no mistake about it, and big time. They will have to - but not offshore, where the banks are mostly as solid as the rocks they stand on. In between the year 2000, when the OECD launched its anti-offshore rockets, the banking and investment fund assets held offshore have increased by approximately 500%, and it has become almost impossible to find anywhere to live at a reasonable price in any offshore territory with a halfway-decent climate and good Internet connectivity. Now that the world's leaders are kindly insisting on the removal of the last shreds of ill-repute from offshore, just watch it grow in the next 10 years!

You have been reading an entry on the following blog:

Jeremy Hetherington-Gore Unleashed
Jeremy tackles the difficult issues head on!
Contact: jeremy@lowtax.net





Other recent entries in this blog:

10 January 2010
The Geese Are Dead

The British government is now face to face with the consequences of the mistakes it has made over the last ten years in regulating and taxing its gaming sector. It is scarcely the only country to have trodden the same error-strewn path, but in the case of the UK the damage is greater because of the highly profitable industry which the government's policies have now almost destroyed.

'For many reasons, increasingly few companies active in the British market are now regulated by the Commission,' bleats Minister for Sport Gerry Sutcliffe.

So what has happened?

In 2001 the Government replaced its age-old system of taxing punters with a 15% tax on gaming gross profits (and operators also have to pay VAT plus corporation tax plus a super contribution on any horse-racing turnover to a superannuated, cosy old industry nag called the Betting Levy Board). This step wouldn't necessarily have been fatal on its own, but when Internet betting started to supersede the betting-shop kind, and UK-based operators began to desert in droves to Malta, Gibraltar, Costa Rica and the Channel Islands, the government imposed a 15% tax on Internet gaming profits for all those firms which it licensed, and created a tough licensing regime under the Gaming Commission. But it could only license firms on its own territory and was forced to allow in all EU-based firms, without being able to tax them.

Now, with gaming tax revenues disappearing down a black hole, it is having a King Canute tantrum and wants to impose licensing (and hence taxation) on all the firms that operate in the UK (ie advertise there for punters). But why should the EU permit this? There are perfectly adequate regulatory, licensing and taxation regimes in Ireland, Malta and Gibraltar, all EU Member States, and where the ex-UK betting firms now prosper. Under what circumstances are they going to allow the UK to steal their revenues, or to replace their rules with a new set? And under what law can the UK forbid another properly-licensed EU operator from advertising freely throughout the EU?

The ECJ's Gambelli ruling in 2003 was unequivocal: gambling is a service and is subject to EU freedom of establishment rules. There is no way in which one EU Member State is going to be able to impose its own legislative practices on another one. The EU Commission has already attacked France on this issue. It is a mystery how Minister Sutcliffe could be so badly advised as even to try.

What the government should have done was to accept the inevitable and offer a light-touch, low-tax regime to compete with Malta et al, instead of hiding benhind a hypocritical ('protect our children') smokescreen. All it really cares about is the tax, and now it has lost that along with the gaming industry. The existing law is a dead letter, as the government is implicity acknowledging: you can ban a foreign firm from advertising on the Internet, but Berkshire is not Beijing, and if a 16-year old wants to place bets with a Costa Rica poker site using his father's Swiss credit card and bank account, who is going to stop him?

Even now it is not too late for the government to come to its senses, but under Pastor Gordon Brown's presbyterian theocracy, and faced with the Treasury's emptying treasure-chest, what chance is there of that? The few remaining British gaming firms will now pack their bags and leave. 'Mene, mene, tekel upharsin'.


01 January 2010
Reciprocity: That's The Name Of The Game

Reciprocity. It sounds so fair and reasonable, doesn't it? Argentina is applying the principle in its new border tax: if my country charges Argentinians 83.795 sea shells for a visa, then that's what Argentina will charge me to go there.

Sorry; wrong! Go the the bottom of the class. The Bible's Old Testament is big on reciprocity: 'an eye for an eye and a tooth for a tooth'; but Jesus knew better, saying that you should 'turn the other cheek'.

Reciprocity is what leads to trade wars and protectionism. You put a duty of 50% on my bananas, so I put a duty of 50% on your beef, and before you know it, trade volumes have slumped away to nothing. These sort of duties are especially popular – and damaging – in the EU, where they are frequently termed 'countervailing' duties. They are closely related to 'anti-dumping' duties, which should really be called anti-consumer duties.

If another country, or a manufacturer in another country, wants to sell off its surplus production at cost into my country, in order to help its cash flow, then the right response is for my country to say thank you very much and allow consumers (or manufacturers wanting that type of input) to take advantage of the lower prices that result. But of course that isn't what happens: the over-priced and usually highly unionized firms in my country which are damaged by the extra competition go wailing to the government (or the Commission in the case of the EU) and demand an anti-dumping duty to set them right. And they often get it, thus putting off the day when they might have to do something about their antiquated methods and under-skilled work-force.

'Social dumping' and its cousin 'fair trade' are other forms of reciprocity and are equally damaging to long-term competitivity and the interests of consumers. 'Social dumping' is when your country exports products to mine which have been made by workers who don't have the gold-plated working conditions that make my country uncompetitive. Taken to its logical conclusion, the principle of fair trade would ensure that all manufacturers around the world are equally uncompetitive, and indeed this is what its woolly-minded proponents do actually want. Unfortunately for them, that's not how human nature or the markets work.

There are better ways of protecting the interests of young children and oppressed working populations than with the sledgehammer of reciprocity, although they require long-term effort and investment on the part of developed countries. But it is seldom in the interests of politicians to look to the long term, and consumers are not educated to understand their own best interests – they are economically illiterate in most cases – so that the electorally popular sledgehammer continues to be used, to everybody's disadvantage other than the narrow mercantile class that called it down.

Sorry to be a bore. I promise not to preach this sermon again for another 12 months!


Latest 25 entries from all other blogs:

13 December 2009
No Pensions, Please, We're British

22 November 2009
The Ex-Wives' Charter, Norwegian Style

18 October 2009
To Will Or Not To Will?

03 May 2009
Time To Get Out Of Money?

04 April 2009
A New Economic Order

22 March 2009
Asset protection, bearer shares and anonymity

08 March 2009
There's No Fool Like A Gold Fool

19 February 2009
Time To Tax The Vegetarians!

17 January 2009
How Do You Achieve The Lifestyle Of Complete Freedom Without Having The First Million In The Bank?

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

See the Lowtax Network Blogs page for older entries.


Popular Blogs:

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