Halfway Around the World, Fighting for Freedom, Low Taxes, and Sovereignty

I'm in Singapore for two days to help fight the Organization for Economic Cooperation and Development, a statist international bureaucracy based in Paris. The OECD has something called a global tax forum, the purpose of which is to harass so-called tax haven in hopes of coercing them into acting as tax collectors for Europe's decrepit welfare states. Here's the executive summary from the memo I wrote, which warns low-tax jurisdictions that the OECD may push even harder to undermine fiscal sovereignty because of fears that a GOP takeover of Congress will make it more difficult to push for tax harmonization policies in the future.

The Paris-based Organization for Economic Cooperation and Development has an ongoing project to prop up Europe’s inefficient welfare states by attacking tax competition in hopes of enabling governments to impose heavier tax burdens. This project received a boost when the Obama Administration joined forces with countries such as France and Germany, but the tide is now turning against high-tax nations – particularly as more people understand that such an approach inevitably leads to Greek-style fiscal collapse. Looming political changes in the United States will further complicate the OECD's ability to impose bad policy. Because of these developments, low-tax jurisdictions should be especially wary of schemes to rush through new anti-tax competition initiatives at the Singapore Global Forum.

The good news is that nothing dramatic took place on the first day of the two-day conference. the OECD continued to bully low-tax jurisdictions to sign information-sharing agreements and the low-tax jurisdictions kept asking for double-taxation agreements so they could get some benefit in exchange for weakening their human rights/financial privacy laws. The OECD and high-tax nations have been ignoring these requests for a two-way street, thus continuing their bad-faith behavior.

For more information on this issue, here's a link to my video on tax competition, and here are a handful of TV appearances where I discuss the issue. This is a challenging issue to debate, so I'd welcome feedback on which arguments you think are most effective.

Obama Tax Plan: Putting Demagoguery Before Jobs

I've already commented on the Democrats deciding to wait until after the election before figuring out what to do about the 2001 and 2003 tax cuts. This was a remarkable development since failure to extend these pieces of legislation means a big tax increase next January. But this doesn't mean the Democrats are sitting on their hands. The President has a proposal to significantly increase the tax burden on American companies that compete in world markets, and Democrats on Capitol Hill think this is a winning political issue. They think higher taxes will encourage companies to keep more jobs in America, and they hope voters agree. But as the Wall Street Journal opines, this is a recipe for undermining the competitiveness f American companies. This means fewer jobs, and probably less tax revenue.

...the President's plan reveals how out of touch Democrats are with the real world of tax competition. The U.S. already has one of the most punitive corporate tax regimes in the world and this tax increase would make that competitive disadvantage much worse, accelerating the very outsourcing of jobs that Mr. Obama says he wants to reverse. At issue is how the government taxes American firms that make money overseas. Under current tax law, American companies pay the corporate tax rate in the host country where the subsidiary is located and then pay the difference between the U.S. rate (35%) and the foreign rate when they bring profits back to the U.S. This is called deferral—i.e., the U.S. tax is deferred until the money comes back to these shores. Most countries do not tax the overseas profits of their domestic companies. Mr. Obama's plan would apply the U.S. corporate tax on overseas profits as soon as they are earned. This is intended to discourage firms from moving operations out of the U.S. ...Mr. Obama believes that by increasing the U.S. tax on overseas profits, some companies may be less likely to invest abroad in the first place. In some cases that will be true. But the more frequent result will be that U.S. companies lose business to foreign rivals, U.S. firms are bought by tax-advantaged foreign companies, and some U.S. multinational firms move their headquarters overseas. They can move to Ireland (where the corporate tax rate is 12.5%) or Germany or Taiwan, or dozens of countries with less hostile tax climates. We know this will happen because we've seen it before. The 1986 tax reform abolished deferral of foreign shipping income earned by U.S. controlled firms. No other country taxed foreign shipping income. Did this lead to more business for U.S. shippers? Precisely the opposite. According to a 2007 study in Tax Notes by former Joint Committee on Taxation director Ken Kies, "Over the 1985-2004 period, the U.S.-flag fleet declined from 737 to 412 vessels, causing U.S.-flag shipping capacity, measured in deadweight tonnage, to drop by more than 50%." ...Now the White House wants to repeat this experience with all U.S. companies. Two industries that would be most harmed would be financial services and technology, and their emphasis on human capital makes them especially able to pack up and move their operations abroad. CEO Steve Ballmer has warned that if the President's plan is enacted, Microsoft would move facilities and jobs out of the U.S.

I've commented on this issue before, but I think the best explanation is in this video, which makes the key observation that American tax law may be able to discourage U.S. firms from building factories in other nations, but that simply means that companies from other countries will be able to take advantage of those opportunities.



A lot of Democrats, at least in private, admit that going after "deferral" is bad policy. But this makes the current proposal especially disgusting. People in the White House and on Capitol Hill know it will hurt jobs and reduce competitiveness, but they don't care. Or at least they put political ambition before doing what's right for the American people.

If they really cared, the would fix what's wrong with the current system. A very effective way to encourage more jobs and investment in America is to lower the corporate tax rate, which is the point I made in the Center for Freedom and Prosperity's first video.

Forget LeBron, the U.K.'s Crazy Tax Laws Are Chasing Away the World's Fastest Man

The tax benefits of LeBron James' move to Miami have received a lot of attention, but there's an even more interesting case on the other side of the Atlantic. The tax laws in the United Kingdom are so punitive that Usain Bolt might actually lose money if he took a big check for competing in England next month. The Tax-news.com story excerpted below reveals that many global superstars already avoid or minimize their appearance in Britain. Indeed, the top English soccer league is losing players to leagues in other nations for the same reason. The only silver lining to the story is that the U.K. government has decided to grant occasional exemptions for things like the 2012 Olympics. Wouldn't it be a better idea, though, to just get rid of the bad worldwide tax policy that is causing all the mess?

World and Olympic sprint champion Usain Bolt may pull out of a major sprint meeting in London next month because of Britain’s severe tax rules for foreign sportsmen and women. Jamaican Bolt was expected to line up against fellow stars Tyson Gay and Asafa Powell at the Crystal Palace event but faces a situation whereby he may pay more in UK tax than he actually earns from appearing in the event. This situation stems from a House of Lords ruling against tennis star Andre Agassi in 2006, which allows HM Revenue and Customs to impose tax on a portion of foreign endorsement earnings relating to performance of the endorsement contract in the UK. Other sporting stars have already curtailed their appearances in the UK for the same reason, among them Spanish golf star Sergio Garcia, who now restricts his UK appearances to once per year in the British Open. There was some concern in sporting circles that the tax burden would mean that some of the world’s top stars may decide not to appear at the 2012 Olympic Games in London. HMRC has granted an exemption for this event and for next year’s Champions League Final to be held at Wembley, but refuses to grant individual exemptions. Writing in the Daily Telegraph, Mike Warburton, Tax Director at Grant Thornton, called the rule "stupid" and "damaging" to Britain's sporting reputation and its economy.

America's Self-Destructive (and Imperialist) Tax Regime

One of my main issues at the Cato Institute (and one of the reasons I was a founder of the Center for Freedom and Prosperity) is protecting and promoting fiscal sovereignty. I don't want international bureaucracies such as the United Nations or Paris-based Organization for Economic Cooperation and Development telling nations what kind of tax systems they're allowed to have - especially since those bureaucracies want to undermine tax competition in order to prop up high-tax welfare states. While I realize international tax issues are not that exciting, there is an excellent column in the Wall Street Journal Europe that shows the negative impact when nations (in this case, the United States) seek to tax economic activity in other nations. When foreigners no longer want to invest in America and when Americans are compelled into giving up U.S. citizenship, that's a sign of a bad tax code:

American expatriates are fast becoming the world's financial refugees. Onerous legislation from the U.S. government is making it too difficult – and too expensive – for banks to service U.S. citizens that live abroad. ...An increasing number are taking the most drastic step and renouncing their citizenship. ...bankers, lawyers and accountants are waking up to the wider implications of the new rules. American expats, it seems, may only be the first to suffer. ...Foreign banks are, in effect, being asked to act as the international enforcement arms of the Internal Revenue Service. Those banks that don't comply will be subject to a 30% withholding tax on all payments made to them in the U.S. Many banks and wealth managers have decided it is far easier to politely show their U.S. clients the door. Earlier this month, the law firm Withers conducted a survey of bankers, accountants, independent financial advisers, trust companies and other private client advisors to analyze the impact of the HIRE Act. Over half said they have seen instances where Americans were denied investment and banking services in the last two years. And 95% expect this to increase as a result of the HIRE Act. ...The U.S. government already taxes expatriate citizens on their worldwide income regardless of where it is earned or where they live, making them the only people in the developed world who are taxed in both their country of citizenship and country of residence. ...there has been an explosion in the time it takes us to keep U.S. expat clients compliant with the U.S. tax regime. He says that their bills have "at least doubled" in the past couple of years. ...A number of banks decided that the concept of U.S. citizenship was too nebulous for them to police. Darlene Hart, the chief executive of U.S. Tax & Financial Services says that when the rule came out in 2001 many of her U.S. clients received letters from their wealth managers telling them that their investment portfolios had been liquidated. Now a second wave of banks – especially in Switzerland but increasingly in the UK and the Channel Islands – are closing their doors to Americans because of the added burden of the HIRE Act. ...What then are U.S. expats to do if even more banks cut them adrift as a result of those reviews? A small but growing number have decided that the best way to avoid the rules is to hand in their passports. According to U.S. government figures, twice as many Americans renounced their citizenship in the last quarter of 2009 than in the whole of 2008. The numbers are still only in the hundreds but are expected to rise now that the HIRE Act has been signed. Ms. Hart says the last time she checked it was not possible to get an appointment at the U.S. embassy in London to renounce citizenship until 2012. In Bern, you couldn't get an appointment until June next year. ...Those that don't want to take such a drastic step can move their investments back to the U.S. However, this can be tricky without an address in the U.S. because of the Patriot Act, which tightened up the procedures by which banks verify their clients' identities. ...although it is the U.S. expats that are suffering the most at the moment, the impact of the new law could eventually be felt far more widely. The banks that sign up to the new rules are likely to pay for the required upgrades to their systems by increasing the bank fees for their rest of their customers. And eventually the reverberations from the HIRE Act may also be felt back in the U.S. ...Nearly three-quarters of respondents to the Withers survey said they expected to see investment into the U.S. decrease in the coming years because of the HIRE Act. Wegelin & Co. is, for one, advising its clients to exit all direct investments in U.S. securities.

I Would Trade Five Congressional Republicans for Dan Hannan

We need effective, articulate, and principled lawmakers in Washington. I don't think many Republicans in DC understand the tax competition issue. And if they do, I doubt they could give either of these speeches.



I especially appreciate his defense of tax havens.

Obama's Big Tax Hike on U.S. Multinationals Means Fewer American Jobs and Reduced Competitiveness

The new budget from the White House contains all sorts of land mines for taxpayers, which is not surprising considering the President wants to extract at least another $1.3 trillion over the next ten years. While that's a discouragingly big number, the details are even more frightening. Higher tax rates on investors and entrepreneurs will dampen incentives for productive behavior. Reinstating the death tax is both economically foolish and immoral. And higher taxes on companies almost surely is a recipe for fewer jobs and reduced competitiveness.

The White House is specifically going after companies that compete in foreign markets. Under current law, the "foreign-source" income of multinationals is subject to tax by the IRS even though it already is subject to all applicable tax where it is earned (just as the U.S. taxes foreign companies on income they earn in America). But at least companies have the ability to sometimes delay when this double taxation occurs, thanks to a policy known as deferral. The White House thinks that this income should be taxed right away, though, claiming that "...deferring U.S. tax on the income from the investment may cause U.S. businesses to shift their investments and jobs overseas, harming our domestic economy."

In reality, deferral protects American companies from being put at a competitive disadvantage when competing with companies from other nations, and therefore protects American jobs. This video has the details.



The American Enterprise Institute just held a conference last month on deferral and related international tax issues. Featuring experts from all viewpoints, there was very little consensus. But almost every participant agreed that higher taxes on multinationals will lead to an exodus of companies, investment, and jobs from America. Obama's proposal is good news for China, but bad news for America.

Pelosi and Dems Looking at Global Tax on Financial Transactions

Imagine if the government got to pick your pocket every time you engaged in a financial transaction? That nightmare scenario is a distinct possibility now that senior Democrats have joined with Eruopean politicians and urged that such a tax be applied on a worldwide based. Reuters has the disturbing details:

Any tax imposed on financial transactions would have to take effect internationally to keep Wall Street jobs and related business from moving overseas, U.S. House of Representatives Speaker Nancy Pelosi said on Thursday. "It would have to be an international rule, not just a U.S. rule," Pelosi said at a news conference. "We couldn't do it alone, we'd have to do it as an international initiative." Several House Democrats have proposed a Wall Street tax to pay for job-creating legislation they plan to pass in December. The tax, which could raise $150 billion per year, would tap into widespread public outrage at Wall Street in the wake of the financial crisis. ...The No. 4 Democrat in the House, Representative John Larson, said his proposal to impose a 0.25 percent tax on over-the-counter derivatives transactions would apply internationally. "Part of our proposal would include that it would be international," Larson told Reuters after meeting with other lawmakers about the jobs package. Democratic Representative Peter DeFazio said his separate proposal, which would tax a wider array of trading activity, would cover all U.S. corporations and individuals no matter where their trades took place. ...Britain urged other governments earlier this month to consider a bank tax as a way to fund future bailouts, and France and Germany have also called for a bank tax. The International Monetary Fund is studying the idea.

Obama Administration Defends Tax Competition

Since the Treasury Department is still very much on the wrong side of the OECD anti-tax competition campaign, don't get too excited about the headline. But it is still nice to see that Tim Geithner and the rest of the crowd in the Obama Administration are not so hopelessly statist that they are willing to go along with a global tax on financial transactions. The Wall Street Journal opines:

In the department of bad ideas that won't go away, Exhibit A is a global tax on financial transactions. British Prime Minister Gordon Brown mooted the tax last weekend before the G-20 finance ministers in St. Andrews, Scotland, where he was promptly rebuffed by Treasury Secretary Timothy Geithner. ...it's easy to see why high-tax countries such as France and Germany relish the idea. Tax competition is a bête noire for the Western European countries whose governments eat up close to half of their economies. The U.K. is back in that club after the post-financial-panic recession lopped 6% off its GDP. Scrambling for revenue—and unwilling to hamstring London markets alone—Mr. Brown is suddenly promoting global tax coordination. ...Like all tax-harmonization schemes, the Tobin levy is designed to raise taxes above a level that is hard to sustain in a competitive world. This is why its backers have always insisted on a global imposition of the tax. Kudos to Secretary Geithner for offering Mr. Brown a reality check.

The Most Boring Video, or the Most Evil Video?

The UK-based Daily Telegraph makes fun of a video produced by the English government, asking whether deserves as award for being the most boring video on youtube.

It is a tedious production, but perhaps it deserves an award for being the most sinister or collectivist video on youtube. The video is designed to bully Brits into telling tax authorities about offshore accounts, and the narrator brags that the tax authorities has "more powers" and actually has the nerve to complain that people with undeclared accounts are "robbing public services of much needed funding."

Yes, robbery is taking place. But at the risk of pointing out the obvious, it is government that is using coercion to take money it doesn't deserve.

The Good Guys Win One

The past nine years have been discouraging, with Bush and Obama both being big-government interventionists. But it's nice to know that the other side still has a hard time imposing higher taxes. The Wall Street Journal's editorial page celebrates the death of a terrible tax proposal that would have increased double taxation on American companies trying to earn market share while competing abroad:

Raising taxes on the overseas profits of American firms has been a central plank of Barack Obama's agenda since his campaign for President in 2008. The proposal was featured in the President's budget in February and was the focus of a May speech in which he said that corporations were "shirking" their responsibility to support his huge increases in federal spending through higher tax payments. But as this newspaper reported Tuesday, the Administration appears to have shelved the plan to limit business use of the current deferral of taxes on profits earned overseas. This climbdown comes after a full-court press by U.S. multinationals, notably including some of Mr. Obama's Silicon Valley supporters, which argued that raising taxes on U.S. companies abroad would do nothing to create jobs in the U.S. while undermining American competitiveness overseas. The U.S. is one of the few developed countries that even tries to tax corporate overseas profits. Most operate on a territorial system, in which business profits are taxed in the country in which they are earned. The U.S. taxes world-wide income but then allows a deferral of overseas taxes until those profits are repatriated. It also allows companies to take a tax credit for corporate taxes paid in other countries, although this tax credit system is cumbersome and only partially offsets the burden of double taxation. The idea that raising corporate taxes would promote job creation never made sense, and the mere threat of higher taxes is one factor depressing business investment and slowing any recovery. So it's good news that the Administration seems to have set this job-killer aside, at least for now.

Hopefully, the Center for Freedom and Prosperity's video played at least a small role in educating policy makers about the foolishness of the President's proposal.