Tax Havens

In the wake of the economic crisis gripping much of the world today, so called tax havens have come into sharp focus, for their contributory role in the present crisis.

What is a tax haven?  A tax haven may be an independent country, or a dependency, or overseas territory, of a country, or a principality.   The general term applied to this goegraphical entity is “jurisdiction”.   It is a place where there are either no taxes like Municipal Tax, Wealth Tax, Sales Tax, VAT, etc, or the rates of these taxes are so low, as to attract people, especially non-residents from other countries to take advantage of these laws. at the cost of the home country.

For example, say an American national working for an oil company, in the Middle East, repatriates his earnings to the U.S., and is liable to pay certain tax on it.   However, by parking these funds in Switzerland, he does not pay any tax at all.  Hence the gentleman may be tempted to open a numbered account in a Swiss Bank, including one operating in the Middle East, and then transfer his earnings to that Bank.   In the process, the U.S. Government loses taxes on these funds, apart from the fact that these funds mights have, otherwise been invested in the United States, and generally speaking, contributed to the well being of America.

Another feature of a tax haven is that, they do not disclose the financial information relating to accounts maintained with their Banks, and Financial Institutions, to foreign tax and other authorities.   This presents the home country authoritites, problems in tracking illegal transfers of money, tax avoidance, stashing of ill-gotten wealth etc.   The tax havens actively discourage sharing of information relating to financial transactions of their overseas clients, through administrative practices and legislation that is aimed at protecting the privacy of such clients, even though such practices may cause harm and loss to the home countries, that is, the countries, to which the clients of the tax havens belong.

A third feature of tax havens is the lack of transparency in the legal and administrative processes, that makes it difficult for countries with a proper tax framework, to deal with such jurisdictions.   These countries find themselves at a disadvantage, vis a vis, the tax havens, on account of the obvious differences in approach to the issue of taxes on the one hand, and the concept of accountability and transparency on the other.

Tax havens, typically, do not engage in due diligence of their foreign clients, in respect of their identities, source of funds, etc, before establishing a relationship with them.   Further, they do not require overseas companies to have a local presence or even to have local introductions.   Practically, everything is “arranged” for a price.

Often, tax havens advertise themselves as such, through the media.   One can come across advertisements of tax havens, in financial journals in different countries.   It is not uncommon to encounter an advertisement of a tax haven in a particular edition of a journal, carrying  critiques of tax havens!

Future of Tax Havens:  It is difficult to predict the future of tax havens at this time.   Definitely, they are under pressure to “reform”.   The present economic cisis has led to several countries, notably the United States, coming out strongly against these jurisdictions, and acting to discourage their activities.

It remains to be seen what eventually happens to the tax havens given the complexities of the system.