Google AI

Weekend Times


The Times

Business News

The Pandora Papers show the line between tax avoidance and tax evasion has become so blurred we need to act against both

  • Written by: Alex Simpson, Senior Lecturer in Criminology, Macquarie University
The Pandora Papers show the line between tax avoidance and tax evasion has become so blurred we need to act against both

What’s the difference between tax avoidance and tax evasion?

The difference used to matter. Evasion was illegal. It meant not paying tax that was due. Avoidance meant arranging your affairs so tax wasn’t due.

Australian media mogul Kerry Packer used the distinction as a complete defence when he told a parliamentary committee[1] in 1991 he was

not evading tax in any way, shape or form. Of course, I am minimising my tax. Anybody in this country who does not minimise his tax wants his head read.

The Pandora Papers — the biggest-ever leak of records showing how the rich and powerful use the financial system to maximise their wealth — shows the distinction has lost its meaning.

The dump of almost 12 million documents[2] lays bare the ways in which 35 current or former leaders and 300 high-level public officials in more than 90 countries have used offshore companies and accounts to protect their wealth.

Only in some of the cases could their activities be categorically declared illegal.

Tax havens are legal

Here’s how tax havens are used. Trusts and companies are set up in places with low tax rates and secrecy laws such as the Bahamas, Cayman Islands, Hong Kong, Singapore, Switzerland, the US state of Delaware and the Republic or Ireland.

If, for example, a wealthy celebrity or a politician wants to buy a new yacht or a luxury villa but doesn’t want to pay tax or stamp duty or expose their wealth to scrutiny they can get their lawyer or accountant to do it through such a trust.

Read more: The Pandora Papers: why does South Dakota feature so heavily?[3]

For somewhere between US$2,000 and US$20,000[4] to set up the trust, the name of the real owner or beneficiary can be hidden.

It isn’t illegal for the celebrity or a politician to move their money (so long as it is theirs to begin with). Assets within the trust are subject to local tax laws (sometimes zero tax) and local secrecy laws (sometimes complete secrecy).

Legal, but used by criminals

These legal means of using complex networks of secret entities to move around money are the same as those used by criminals.

Alongside the likes of India’s cricket superstar Sachin Tendulkar, Colombian pop singer Shakira and Elton John in the Panama Papers are Italian crime boss Raffaele Amato[5], serving a 20-year jail sentence for weapons and drugs trafficking, and the deceased British art dealer Douglas Latchford[6], suspected of smuggling looted treasures and money laundering.

Colombian singer Shakira is one of the celebrities named in the Pandora Papers as using  offshore companies. Others are Elton John, Ringo Starr, Julio Iglesias and Claudia Schiffer.
Colombian singer Shakira is one of the celebrities named in the Pandora Papers as using offshore companies. Others are Elton John, Ringo Starr, Julio Iglesias and Claudia Schiffer. Gregory Payan/AP

It’s far from clear these arrangements should be legal

The big question raised by the Pandora Papers is why any hiding of private wealth from tax authorities ought to be legal.

The International Monetary Fund estimated in 2019 that tax haven deprived governments globally of US$500 billion to US$600 billion[7] per year.

To put that into perspective, the estimated cost of vaccinating the world against COVID-19 is US$50-70 billion[8].

OECD chief Mathias Cormann has brokered a deal for a global minimum corporate tax rate. OECD (CC BY-NC 3.0 IGO)

Some of what’s been uncovered in the Pandora Papers is illegal (“evasion”) but much might not be (“avoidance”, aided by anonimity).

The effect is the same. Dollars that ought to have been paid in tax are withheld and used for the benefit of people who aren’t keen to admit to owning them.

Over the weekend the Organisation for Economic Co-operation and Development, now led by Australian Mathias Cormann, brokered a deal under which 136 countries agreed to charge multinational corporations a tax rate of at least 15%[9], making tax havens harder to find.

Ireland, previously used as tax haven, signed up.

The nations concerned did this because because, even where legal, the use of tax havens costs billions.

We’ll soon have to consider removing a distinction in law that vanished in practice some time ago.

References

  1. ^ parliamentary committee (youtu.be)
  2. ^ 12 million documents (www.icij.org)
  3. ^ The Pandora Papers: why does South Dakota feature so heavily? (theconversation.com)
  4. ^ US$2,000 and US$20,000 (www.icij.org)
  5. ^ Raffaele Amato (www.icij.org)
  6. ^ Douglas Latchford (www.theguardian.com)
  7. ^ US$500 billion to US$600 billion (www.imf.org)
  8. ^ US$50-70 billion (www.nytimes.com)
  9. ^ 15% (www.oecd.org)

Authors: Alex Simpson, Senior Lecturer in Criminology, Macquarie University

Read more https://theconversation.com/the-pandora-papers-show-the-line-between-tax-avoidance-and-tax-evasion-has-become-so-blurred-we-need-to-act-against-both-169353

The Weekend Times Magazine

How to Care for Your Dental Veneers: Tips from Experts

Dental veneers are a popular cosmetic dentistry solution that enhances smiles by covering imperfections such as discoloration, chips, or gaps. Among the different types available, porcelain veneers stand out for...

Why Wisdom Teeth Extraction Is Often Necessary for Long-Term Oral Health

For many people, the emergence of wisdom teeth can lead to discomfort, crowding, and ongoing dental complications. Professional Wisdom Teeth Extraction is commonly recommended when these late-developing molars do not have...

Wedding DJ vs Live Band: Which Is the Right Choice for Your Wedding?

Choosing the right music for your wedding is one of your most important decisions. Music has the power to set the mood, create memorable moments, and ensure your guests have...

Weekend getaways from Perth

You Are in Perth, Australia and You Want to Get Away for the Weekend: What Are the Options? Perth is one of the most isolated cities in the world, but that...

Paid parental leave needs an overhaul if governments want us to have ‘one for the country’

As Australia and New Zealand face the realities of slow growth, or even a decline in population, it’s time to ask if their governments are doing enough. Especially if they...

Laser Skin Clinic Kew: Advanced Treatments for Radiant, Healthy Skin

With advancements in modern cosmetic treatments, people no longer need to rely solely on skincare products to achieve visible results. Professional clinics offering laser technology have become trusted destinations for...

Why Car Sharing is dominating Car Renting

Sustainability, budget, urban living, lack of parking – these are just a few of the reasons that many people are choosing not to buy cars in today’s environment. ...

Box Mixers launches at home cocktail mixers

Box Mixers has announced its new range of zero alcohol cocktail mixers, made from all natural flavours, crafted to make drinking cocktails at home simple and convenient. Designed to appeal to...

oOh!media puts Neon up in lights

oOh!media has transformed its high-impact Panorama sites across the country for a campaign to mark the merger of Neon and Lightbox under the Neon brand. Sky’s ‘Get it on Neon’ campaign...