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Lowtax Network Hosted Blogs 

14 June 2009
WHO Declares TIEA Pandemic

Everybody knows about Double Tax Avoidance Treaties, those big beasts which roam the international fiscal jungle attempting to reduce the danger that a company or individual will get taxed twice on the same slice of income, and usually also reducing withholding taxes between countries, which encourages trade and foreign direct investment. In brief, they are a Good Thing.

The only problem is, that what you get is often not what it says on the tin, because the treaties have become infected by Mutual Assistance parasites which are bred in the cellars of the OECD in Paris. These nasty little animals are not free-living; but if you go anywhere near a Tax Treaty, they can jump onto you and infect you. They allow, indeed require, a signatory country to provide its co-signatory with all possible information that might be to do with an attempt to minimize (escape, avoid, evade) tax, either unilaterally or on request. One of the most insidious aspects of these pests is that the their DNA is highly secretive - no taxpayer, citizen or individual (you and me, in other words) will ever know that information about them is being passed around between governments.

Not content with unleashing the Mutual Assistance Trojan (MAJ) onto the fiscal landscape, the OECD's scientists went one further and came up with a free-living version of the MAJ called the Convention on Mutual Assistance in Tax Matters, which has infected all the countries of Europe and the OECD on a multilateral basis. This therefore allows (indeed requires) all those 50 or so countries to share among themselves all the information they have that might have a bearing on tax minimization.

The only way for a country to avoid infection by the Convention is to avoid bodily contact with any of those 50 countries, and this has classically been the stance of the 'offshore' tax havens, which in the main have resolutely refused to have anything to do with them, and have thus remained uninfected.

Needless to say, this was anathema to the OECD's experts, who have now come up with the ne plus ultra of anti-avoidance, an independently viable, free-living, self-reproducing MAJ called the Tax Information Exchange Agreement. This highly unpleasant, rodent-like creature can travel around the world until it finds an uninfected host country, where it immediately takes root and begins breeding. The TIEA is so designed that once a country has 12 TIEAs in place, this acts as a critical mass in terms of its relationships with OECD members, and it is only a matter of time before the host country is completely over-run with TIEAs.

The TIEA has already been very successful, to such an extent that the World Health Organization raised its TIEA warning level to 6 this week, meaning that the spread of the disease has reached the level of a pandemic. Governments in the few remaining uninfected countries, such as Andorra and Vanuatu, are considering a total ban on inward and outward travel in order to protect themselves, but it is probably already too late for them to resist.

Welcome to the future! The only consolation is that governments are so incompetent that they are probably losing all this information about you even more quickly than they are assembling it. Not the identity thieves, though, who are as efficient as governments are inefficient, and will undoubtedly steal the information before it can be lost.

The real answer of course is to be so poor that no-one cares about you. See you in the pub later on and we'll spend out last euros together.

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:

Jeremy Hetherington-Gore Unleashed
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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.

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