Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Whatever happened to Henry Simons? (fp)

Wow -- that's some very scary poll results (kw)

The scarlet ankle bracelet. (fp)

Every good article should have one idea. (fp)

Family values in market turnover culture. (fp)

Banks really create value: probably $58 billion in overdraft fees & credit card penalties in 2009. (fp)

A Citizens United dream: Exxon could have deployed 10% of its 2008 profits to outspend every presidential and senatorial candidate that year. (fp)

Eternal Earth-Bound Pets promises to adopt your pet if you are raptured. (fp)

Habermas doesn't tweet, but does interview well. (fp)

Lessig on Google, copyright, orphans, and the future of access to information. (kw)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Kristina on Spring 2010: Is the Window Open?

    • PrometheeFeu on The Advantages and Disadvantages of Rewards

    • PoNyman on Very scary poll results

    • Civ Pro King on Privacy Rights in Death Photos: Catsuouras Case Decided

    • ParatrooperJJ on Privacy Rights in Death Photos: Catsuouras Case Decided

    • Lotta on The Take Away About Take Home Exams

    • Alan on Constitutional Rorschach Test (or Zen Koan)

    • Colin Crowe on The Take Away About Take Home Exams

    • Glomarization on Links and short thoughts on Amazonfail

    • Vinca on Book Review: Divergent Opinions: Why Community Matters — A Review of Sunstein’s Going to Extremes

    • A.J. Sutter on My Letter to the Economist on Climate Change

    • Keri Brooks on Spring 2010: Is the Window Open?

    • Illinois on Spring 2010: Is the Window Open?

    • Ken Rhodes on Constitutional Rorschach Test (or Zen Koan)

    • Ken Rhodes on My Letter to the Economist on Climate Change

  •  

    Site Meter

Why the Persistence of Tax Havens?

posted by Frank Pasquale

isleofMan.jpgThe last remnants of British imperialism are still wreaking havoc today. The Canadian Governor-General’s bizarre proroguing of the Parliament there threatens to make a figurehead a kingmaker. More dangerously, tax havens like the Isle of Man, Guernsey, and Jersey cost governments worldwide billions of dollars of revenue annually:

Because of the secrecy surrounding the treasure islands, no one knows how much money they divert from developing countries. Christian Aid’s estimate – of $160 billion a year – is the lowest figure, though 60% greater than the international aid the poor world receives. The Pope suggests $255bn; the US research group Global Financial Integrity proposes $900bn. In all cases we’re talking about the means by which hundreds of thousands of lives could have been preserved in the world’s poorest countries. But Britain’s network of tax havens permits multinational companies, dodgy businessmen and corrupt leaders to snatch money from [tax authorities].

As governments face ever-greater fiscal responsibilities in the midst of crisis, many of those best able to shoulder the burden are AWOL. Even though “organised crime . . . depends on tax havens,” they persist. Why?


George Monbiot suggests that the British Labor government’s fear of being perceived as socialist has led it to take an obstructionist stance at the the global authorities who could stop it. As Geraint Anderson has put it, “Eighteen years out of power has made these jokers so paranoid about being viewed as old Labour that every time Cityboys and entrepreneurs asked for business-friendly reforms they rolled over and allowed tax and regulatory changes.” Britain’s not been helpful on a global level, either:

[T]he crime havens have become so respectable that even the British government is now depriving itself of revenue. It has become the major shareholder in the Royal Bank of Scotland, which has offshore subsidiaries in Jersey, Guernsey, the Isle of Man and Gibralter. . . Brown’s government [has] tried to undermine international efforts to address the problem. Teaming up with . . . Liechtenstein, the UK sought to strike out a paragraph from the Doha trade agreement which aimed to eradicate tax evasion. Thanks in part to British lobbying, the draft commitment was substantially weakened.

Monbiot’s column points up a deep danger in defective nationalizations of financial institutions: the nationalized may exert more control over government policymakers than vice versa.

Fortunately, the Madoff scandal may shed some light on these dark corners of the global financial system:

L’Affaire Madoff . . . has cast an unwanted spotlight onto the normally shadowy world of private bankers in Switzerland and other cozy hiding places of offshore wealth, like the Cayman Islands and Luxembourg. [W]hile there are many Swiss victims in terms of total exposure, UBP is the best-known private bank to get hit, with $700 million of its clients’ money invested with Madoff.

Offhand, I cannot think of any reason why there should not be a global norm that the financial affairs of anyone with over a $10 million net worth should be an open book. Given the disproportionate power such individuals wield in political and cultural spheres, the least they owe society is an open account of their strategies for conserving and expanding their wealth. Privacy and transparency are two facets of a larger project of constraining the powerful and empowering the otherwise constrained.

Photo Credit: Tasa M, image of church on Isle of Man.


 December 29, 2008 at 8:23 pm   Posted in: International & Comparative Law, Tax   Print This Post Print This Post

Responses (5)

  1. anon - December 30, 2008 at 12:38 am

    Any reason? How about strange behavior by those with net worth approaching $9 million?

    (Relatedly: would the disclosure forms allow the costs of rape counseling or cancer treatment to be lumped in with “medical expenses,” or would greater transparency be required?)

  2. ParatrooperJJ - December 30, 2008 at 7:35 am

    Maybe they persist because governments tax too much? Maybe people think they deserve privacy in their financial affairs?

  3. Maryland Conservatarian - December 30, 2008 at 3:13 pm

    “Offhand, I cannot think of any reason why there should not be a global norm that the financial affairs of anyone with over a $10 million net worth should be an open book.”

    Really? Would that include a very rich 15 year old girl who invests in an upscale, $10.1 million private abortion facility so that her and her friends could always have access outside their parents’ purview?

  4. A.W. - December 30, 2008 at 5:21 pm

    Next mystery explored on Concurring Opinions… why is it that when you drop a cannonball, it falls to the ground?

    Seriously, the answer is very simple. Why do companies go to tax shelters? to save money?

    Why are tax shelters offered? To make money. either as above the board revenues, or under the table bribes. really seriously there is no mystery here.

  5. A Voice of Sanity - January 1, 2009 at 10:59 pm

    “Offhand, I cannot think of any reason why there should not be a global norm that the financial affairs of anyone with over a $10 million net worth should be an open book.”

    Perhaps they feel that when they have paid $100,000 or $200,000 or $500,000 or $1,000,000 that they have paid their share? Should there not be an upper limit on taxes?

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Nate Oman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Adam Benforado
Mark Edwards
Michelle Harner
Kristin Johnson
Jeffrey Kahn
Alex Kreit
Viva Moffat
Adam Steinman










Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress