Tax Havens: The New Old Scapegoat - Again
The
very recent hot top story in the news involving tax havens and
offshore banking is of course the Panama
Papers shenanigan. A Panamanian law firm had their
files hacked, their clients exposed and naturally the
mainstream press is running with constantly changing new
revelations and updates about corrupt politicians (politicians
are corrupt? I am in shock!), famous celebrities, national
sports heroes and a seemingly endless list of wealthy people
doing black hat arrangements in the Caribbean to avoid paying
taxes. The truth of the matter is, it certainly is all
about the taxes, but not under the context that you think or
what is being portrayed. If you think all this is really
about tax dodging and ethically challenged law firms, you are
missing the big picture. In addition, misery does love
company (and I am not referring to Panama).
The race to sway public opinion so even more new unneeded
legislation and self important committees can be formed has
already started. An April 4, 2016 edition of the BBC
touts a headline that reads Panama Papers: Leaks Spur
Global Investigations. Another headline
reads: Mossack Fonseca Leak
Prompts Call For Tax Haven Crackdown. Yes we
must have those global investigations. We must crackdown
(obviously we must crackdown albeit 100 years later). We
must root out money laundering, nefarious criminal elements,
unpatriotic tax exiles and all the other social
malcontents. Funny thing is though, Panama can trace
it's own roots as a tax haven going back 100 years when it
started off helping Rockefeller's Standard Oil with oil tanker
registration in 1919 and thus enabling a resulting tax
benefit. The creation and use of anonymous incorporated
companies started a few years after that, but of course no one
seemingly knew this was going on, or at least that is what it
would appear they want us to believe. What a
surprise! However, according to the recent revelations
and list of names, it would seem there are a great many
politicians that knew exactly what was going on as some
themselves personally were involved in use of such offshore
companies, trusts and the like. Another big surprise!
Switzerland, Lichtenstein, The Isle of Man, Channel Islands,
The Cayman Islands and The British Virgin Islands all have
deep roots when it comes to tracing their respective births as
a tax haven (and may I remind you these jurisdictions are
either British Overseas Territories or in the least members of
the British Commonwealth). They have been doing their
thing for a very, very long time. The BVI is especially
successful and reportedly takes in US$200 Million yearly for
company registration fees. That is quite a bit of fried
conch fritters my friends.
Ironically, the United States is one of the best tax havens in
the world if you happen to be someone that is not a US citizen
or legal US resident. The Tax Justice Network, an
organization that ranks countries based upon a number of
criteria including tax legislation and reporting (or lack
thereof) ranks
the US as number 3 worldwide for financial secrecy in
their 2015 Financial Secrecy
Index. In other words, if you are foreigner and
want to hide some money, the US is one heck of a good place to
do it in (and we find it ironic that bad publicity about one
tax haven, namely Panama, could steer business and benefit
another tax haven, the United States) Mr. Alex Cobham
from Tax Justice Network is quoted as claiming: There is a
double standard: many developed countries host or support
jurisdictions where there is an absence of financial
transparency. And within the US, the two US states of
Delaware and Nevada are especially attractive for this
purpose. Transparency
International says that Delaware is a transnational crime
haven. A state inside the US, one of the
original founding thirteen colonies is a transnational crime
haven – can you imagine? The current US President called
an incorporation firm in the Cayman Islands the biggest tax
scam on record back in 2008. We think Barry might want
to get his facts straightened regarding who really has the
biggest tax scam on record (some places closer to home might
qualify).
According to History
And Policy.Org: As early as the 1980s, Vincent
Belotsky, a high-ranking U.S. Internal Revenue Service (IRS)
official, noted that many countries, including the United
States, fit the conventional definition of tax haven. The
United States, he wrote, applies a zero rate of tax on certain
categories of income, including interest received by a
non-resident alien individual or a foreign corporation from
banks and savings institutions. The line separating tax havens
from other Preferential Tax Regimes is arbitrary. The UK
as well is considered by many to be a tax haven.
Mr. Ramon Fonseca, one of the founders of the law firm in
Panama that is the focus of the so-called Panama Papers, is
quoted as saying via a New York Times interview that: I
assure you there is more dirty money in New York, Miami and
London than there is in Panama. Backing up Mr.
Fonseca's allegations is none other than United Nations
advisor Mr. Eric LeCompte who opines via a recent article
interview that: The
United States remains a far greater hiding place than Panama
for criminals and terrorists to hide their wealth through
shell corporations. The United States is a
preferred location for setting up fake companies. Say
again Eric? The global super power portrayed as champion
of human rights, the rule of law, liberty, honesty and
transparency is a haven for criminals. No, can't be true
(actually we think it is).
The Economy Stinks And They Are
Going Broke (Misery Loves Company)
Mr. Gavin Hewett, chief correspondent for the BBC, recently
commented briefly on the correlation between the economy in
the US and Western Europe, government tax collection,
unemployment and this new renewed attack on tax havens (one
must realize and remember this is simply a continuation of the
attack and complaint by the OECD awhile back claiming that the
tax havens were guilty of so-called unfair competition because
they had lower tax rates). In an April 6, 2016 article
he writes: Many of the new jobs are low-wage (created since
2008). In real terms the wages of the middle-class have fallen
since the crash (of 2008). Unemployment, although gradually
falling, has remained stubbornly high in Europe. So in a
time of insecurity, who pays what tax matters.
Indeed, and not just who pays what tax, but if there will be
anyone remaining to pay taxes in the first place (the number
of US citizens renouncing citizenship is at an all time high,
along with legal residents in the US turning back their green
cards too). The true key issue behind all the
disgruntlement with so-called tax havens, banking secrecy and
reporting issues is tax collection for the welfare
state. Make no mistake about it (and this is blatantly
declared). But keep in mind the governments that have a
welfare state paradigm in place want to claim the argument is
all about illegal activities and unpatriotic tax cheats and
not anything else. However, the real issue is because
the politicians and political hacks have so mismanaged and
under funded the state welfare insurance systems that now they
are in big trouble financially. They are broke, to be
more blunt. As we spoke about in a recent article, the
US Government (or the US Treasury Department to be more
specific) has a record tax collection year in 2015. They
took in more tax money in 2015 than ever before in that
nations 250 year history – and they still ran a deficit of
US$400 Billion Dollars anyway. Even with a record haul,
they still cannot balance the books. Would it not be
just lovely for them if they could raid all of the so-called
tax haven jurisdictions to plug their proliferate spending
(and blame the lack of funds and lack of a balanced budget on
the tax havens as well)?
So, the question indeed now is who gets to pay for all the
people taking social welfare benefits because one of the
traditional tax bases, the middle class, is now in the throws
of being wiped out in both North America and Europe. The
multinational corporations are already gone, at lease on paper
for tax purposes in many cases, and ironically it was the very
same politicians that gave them the blessing to leave via
exemptions or special privileges regarding tax treatment. We
have to imagine they thought they would let the companies go
and collect from the middle class instead (and let us also not
forget who contributes the most to political campaigns, so
favorable tax legislation that benefits those multinationals
alone should not shock you). But, the middle class is
currently now taking social welfare benefits themselves, and
are not in any position to be squeezed further (payday loans
for welfare recipients aside).
Enter the tax exile bogey man or woman (let us not
discriminate), scapegoat or whatever other term you
prefer. FATCA and the recent OECD Automatic Exchange of
Information thing, scheduled to go into effect in 2018, is all
about chasing the money to feed the government spending
monster. But with regards to this OECD information
exchange thing, I myself am very curious to see if all the
banks and financial firms in the US are going to start ratting
out all their foreign clients to the respective home
governments. Of course once they do, that kills one of
the incentives to bank or invest in the US – does it
not? If they shame Panama will they also begin to now
shame Delaware and Nevada? We doubt it.
The hypocrisy of it all is
nothing short of unbelievable (but true). But here is
our take away or key points from this Panama leaks thing:
1. The organizations
or entities in possession of this information are recipients
of stolen goods, and they know it, and nothing has been said
about that aspect of it. The private data concerning
clients from a private law firm was stolen, and thus obtained
unlawfully by the current recipients in possession of this
information. In many countries, knowingly taking
possession of stolen goods from another party is a criminal
offense. Edward Snowden was painted as a villain for
obtaining and passing along data and information regarding
cables and sensitive correspondence involving the US
Government and or it's various agencies. The man was
criticized ruthlessly and was holed up in a Moscow airport for
months living off of taco bell from the airport food court
(which is punishment in and of itself). So where is the
concern about the identity and whereabouts of the Panama Leaks
burglar? Was this person a plant or a spy sent in there
to obtain a job at the firm with this sole mission of stealing
records? If that were not the case, and it was a jilted
lover trying to get back at the senior member of the law firm
they were having a tryst with (as is one of the reported
theories or rumors), then where is this person? Did you
know that under Panamanian law, anyone divulging private
information about a client in any company (not only banks or
law firms) faces a US$50,000 fine and 2 years in jail?
When you switch car insurance companies in Panama, the new
insurance carrier cannot get information about you from your
previous insurance company by law. So, why would anyone take
this kind of risk, jilted lover or not? Or did they know
they would be protected and get away with it?
Another thing is, what if it was the credit card mainframe at
Citibank that was hacked? What if the mainstream media
got the data regarding the account balances and spending
habits of a number of politicians and wealthy
individuals? Would they print it? Would they
disclose that a politician running for election recently
purchased a US$25,000 wrist watch and that the credit card
account used for the purchase was promptly paid by a third
party? Don't know. Would it and does it make a
difference that the victim was a law firm in Panama versus a
bank in New York? When is it morally, ethically and
legally acceptable to make private data public, which was
acquired by theft?
2. Do we believe there
were clients of the Panamanian firm perhaps engaging in shall
we say nebulous activities? Absolutely. The
probability statistics alone make this a possibility.
Drug dealers use cell phones to conduct their business.
That is a fact. And while there are millions of people
that own and use cell phones everyday, the vast majority are
doing so without the intent or for the purpose of something
illicit or illegal. And yet, the law of probability
suggests there is some percentage of the general population
that is indeed using cell phones to conduct or facilitate an
illegal trade. So, should all cell phone users to be
vilified or subject to arbitrary wire taps because of it?
Do you know that the biggest drug problem in the United States
today involves legal prescription pain medications?
Oxycontin is the favored and probably number one legal
prescription drug currently being abused in the US right now,
but there are others as well. So, how it is possible
that a medication controlled by prescription is able to makes
it way into the hands of 14 year old kids? There are
three possibilities: 1. Someone working in the factory that
makes it is stealing it off the assembly line and selling it
to a dealer. 2. There has been a tremendous increase of
pharmacy burglaries in the US and that is the source or 3.
There are medical doctors in the US that are writing
prescriptions knowing full well the fulfillment of the script
is for sale and distribution in the black market, and are
supplementing their income with a very profitable cash based
activity. Which of these three do you think is more
likely and how does that apply to the topic of this
article? We vote for number three. And assuming
you would agree, where is the AMA and FDA (American Medical
Association and the US Government Food and Drug
Administration) in all this? Why is there no aggressive
and severe focus on people in the medical profession doing
this? Why are there no sting operations? They have
sting operations for everything else, so why not this?
The point is, there is criminality, dishonesty and outright
illegal behavior everywhere. And there are more pressing
and more serious issues for society than the fact someone set
up an offshore trust. No one ever over dosed on a
Panamanian shelf company.
3. Fairy Tales
are for the children and truth is for the grown-ups. The
current land mass on the map currently known as the nation of
Panama used to be part of Colombia. Former US President
Theodore Roosevelt wanted to take over the Panama Canal
project from the French and have the US Government own it and
control it. The way he was able to do that was by
sending the US military down to the Caribbean to force the
Colombians to grant Panama it's independence (and thus
immediately following the new Panamanian Government signed the
canal treaty – what a pleasant surprise that was).
Panama exists as a tax haven because the US Government
permitted it. In fact, the back story regarding Panama
getting into the anonymous shelf company business in the first
place back in the 1920's was reportedly at the behest of the
financial firms in New York. Rumor had it that a 3
lettered acronym US Government agency used extensive use of
Panamanian shelf companies (and bank accounts) for it's own
activities and affairs (how do you think the money from the
Iran-Contra affair was moved around?). They loved Panama
as a tax haven. It suited them just fine.
Likewise, the Isle of Man, The British Virgin Islands, The
Cayman Islands and The Channel Islands all became tax havens
with the blessing of the United kingdom Government. And
it was an industry or business that provided jobs, local
revenue and had no negative environmental impact on these
jurisdictions. Low start up cost white collar
businesses, such as banking and incorporation services, that
could allow these jurisdictions to become self sufficient or
self financing in terms of economic support.
What we are very curious about is the end game. They
have run up the national debt levels to proportions that are
untenable to maintain. The unfunded liabilities for the
various social welfare programs are staggering to say the
least. Today's younger generation, the millennial
generation, will probably be the first generation in a very
long time that will NOT live as well or better than their
parents. Negative interest rates are a desperate move by
the central banks to provide additional capital and revenue
for the banks, because they serve no other legitimate and
proven financial benefit to the overall economy as a
whole. And while the ranks of the former middle class
have certainly been decimated economically, it is also true
there exist the still solvent that already have or are in the
process of getting the heck out, with maybe the case of some
putting money in Panama and other beneficial locations.
And the era of Anglo Saxon banking as the dominant force in
world finance seems to be coming to a close, which includes
the tax havens that were set up and integrated into this
system. Are the Panama Papers leaks a purposeful
and intended announcement to that end? What will replace
it? How will it be replaced? Perhaps someone will
produce another hack and we can find
out.
John Schroder is the author of this article and his firm, Ascot Advisory Services, has been assisting clients for 17 years in The Dominican Republic with residency applications, citizenship applications, banking and investment accounts, and other legal services (real estate contracts and title transfer, company formation services)