Crocodile Dundee vs Australia's Tax Police

Here's a Reuters story about the Australian Tax Office harassing Paul Hogan, better known to Americans as Crocodile Dundee, because of a tax dispute. The grinches at the tax office took advantage of Hogan's return for his mother's funeral to hold him hostage, refusing to let him leave the country until he coughs up some cash. It appears that the tax police in Australia are just as politicized and above the law as the IRS. Hogan has never been charged with tax evasion and there are plenty of signs that the bureaucrats want to make him a high-profile victim to justify the amount of money that has been squandered in a probe of supposed offshore evasion.

Actor Paul Hogan, star of the "Crocodile Dundee" movies, has vowed to continue fighting the Australian tax office which has barred him from leaving Australia until he pays a massive bill, saying he's victim of a witch hunt. Hogan, 70, was served with a departure prohibition order 10 days ago while in Australia to attend his 101-year-old mother's funeral which has prevented him from leaving to return to Los Angeles where he lives with his wife and son. The Australian Tax Office refused to comment on reports of seeking tax on A$38 million ($34 million) of allegedly undeclared income from Hogan, saying it cannot give details of individual taxpayers. But the actor went public in the Australian media this week to put forward his side in his five-year row with the tax office, saying he had done nothing wrong and the tax office was on a witch hunt for a high-profile case. ..."If I was a tax evader, which I'm not, I must be the dumbest one in the world to keep coming back here instead of fleeing to a tax haven ... I know they're absolutely desperate to nail some high-profile character with money to justify the expense to the taxpayer." Hogan, who was once a painter on the Sydney Harbour Bridge, is under investigation as part of Australia's biggest probe into offshore tax evasion, Operation Wickenby. The operation is budgeted to cost at least $300 million. The tax office has claimed he put tens of millions of dollars in film royalties in offshore tax havens, a claim that he has denied. He has never been charged with tax evasion.

This story is symbolic of a bigger issue, which is the the unfortunate tendency of governments to create ever-more oppressive and misguided laws in response to failures of existing policy. We see this in the failed War on Drugs, which leads to trampling of civil liberties and erosion of privacy. We see it in the failed War on Poverty, which leads to more redistribution that further traps people in dependency. We see it in the failed government-run education system, which wastes more money every year as outcomes remain stagnant and children from poor and minority communities suffer.

In the case of tax policy, politicians impose high tax rates and punitive forms of double taxation. As anybody with a modicum of common sense could predict, this bad tax policy undermines economic performance and drives economic activity to jurisdictions with better tax law. The politicians then have two ways to respond. They can lower tax rates and reform tax systems, an approach that simultaneously would boost growth and improve compliance. Or they can tighten the thumbscrews on taxpayers, trample their rights, and conspire with other high-tax nations to punish the jurisdictions that do have good policy.

Not surprisingly, most politicians choose the latter approach. And the attack on low-tax jurisdictions is a particularly loathsome part of their response. As this video explains, tax competition is a liberalizing force in the world economy and the effort by high-tax nations to penalize so-called tax havens is driven by a statist impulse to prop up decrepit and inefficient welfare states.

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.

Anti-Tax Competition Schemes by High-Tax Nations Will Expand the Underground Economy

Regular readers know that I am a big supporter of international tax competition as a mechanism to limit the greed of the political elite. Unfortunately, the statists are having some success in their efforts to undermine the fiscal sovereignty of low-tax jurisdictions. Even the Swiss have been forced to weaken their human rights policy of protecting financial privacy. So does this mean the politicians from high-tax nations will get more money to spend? Probably not. One reason is that "better" enforcement of high tax rates on saving and investment will have the same economic impact as an increase in tax rates. This, of course, will mean less saving and investment, which translates into slower growth and a smaller tax base. Another reason is that restrictions on the ability to shift economic activity across border to escape oppressive taxation will lead many people to find domestic strategies as a substitute means of protecting their income and assets. An article by a Romanian academic explains further and notes that low-tax jurisdictions will continue to enjoy better economic performance.

It is of course illegal not to declare assets and income held abroad, but the fact that some people are driven to this extreme suggests that in some countries taxes have reached unacceptably high levels. In exactly the same fashion, people are also driven to hide some of their economic activity from the tax man, giving rise to the well known phenomenon of the underground economy. In fact, tax evasion is as old as taxes themselves, and the best way to minimize it is to levy reasonable taxes. International tax evasion and the local underground economy provide the two main escape routes. In modern democratic times, they also set implicit limits to the growth of government. They are both illegal, but the local shadow economy is now so widespread that governments know that they cannot enforce compliance without becoming hugely unpopular (suggesting that high taxes are, in fact, not as widely accepted by the population as some would like to think). Limiting international tax competition looks a much easier bet. However, if high-tax countries are successful in stopping the shift of savings to tax havens by enforcing transparency and information exchange, they will displace, but not halt, tax evasion and fiscal competition. The underground economy, both local and international, will grow. In the meantime, wealthy people and their assets will continue to move from high to low tax environments. Over time, the economically more attractive places will still enjoy much higher rates of economic growth.

Hillary Clinton's Misguided (and Dangerous) Advice for Latin America

In an amusing coincidence, Secretary of State Hillary Clinton and I were both in Latin America this week offering fiscal policy advice. But it won't surprise you to know that Mrs. Clinton's suggestions are radically different than the advice I provided. She spoke in Ecuador and, according to an AFP report, said it was time for "the wealthy across the Americas to pay their 'fair share' of taxes in order to eliminate poverty and promote economic opportunity for all." She also claimed that "her appeal to overhaul tax systems did not amount to 'class warfare' and was instead a recognition that the 'winner-take-all-approach' was a drag on progress." The AFP story concludes with Mrs. Clinton asserting, "We can't mince words about this. Levels of tax evasion are unacceptably high,"

By contrast, in my remarks to the Fundacion Libertad in Panama and the Chamber of Commerce in El Salvador, I explained that academic research shows that better tax compliance is best achieved by lowering tax rates and eliminating inefficient and corrupt spending programs so that taxpayers have more confidence that their money is not being wasted. But let's touch on something even more important than economics. I also made a moral argument about the danger of giving national tax authorities too much power and information - especially in a region where governments oftentimes are the source of oppression, expropriation, and tyranny. Simply stated, there are some things that are more important than obeying tax laws. This Center for Freedom and Prosperity video explains that so-called tax havens are an extremely important refuge for people who are subject to persecution and other forms of government malfeasance.

Let's consider some Latin American examples. Imagine a political dissident in Venezuela. Hugo Chavez has turned that country into a thugocracy and opponents of his sinister regime are vulnerable to having their assets expropriated (and worse). Thankfully, many Venezuelans are able to protect themselves from socialist tyranny by putting their money in Cayman, Panama, or Miami (the U.S. is a tax haven for non-U.S. people). But if Mrs. Clinton got to make the rules, tax havens would no longer exist and Chavez would be empowered.

Or what about families in Mexico, who rightfully are afraid that if they keep their money in the country and report it on their tax returns, corrupt bureaucrats in the national tax office will sell their names to criminal gangs and suddenly their children will be kidnapped and they will have to deal with the horror of getting a ransom note accompanied by a child's finger. Fortunately, many Mexicans can guard against this horrific possibility by placing their assets in Cayman, Panama, or Miami. But in Mrs. Clinton's ideal world, those options would not exist and many more people would experience the nightmare of vicious crime.

And consider the plight of Argentinians. A few years ago, the nation's venal government stole the private pension assets of the people. This is in addition to radical currency devaluations that have wiped out a big chunk of people's savings. Prudent Argentinians have avoided these forms of back-door thievery by moving funds to Cayman, Panama, and Miami. In the Orwellian world envisioned by Mrs. Clinton, however, tax havens wouldn't exist and governments would have carte blanche to engage in bad policy.

This is not the first indication of Mrs. Clinton's government-über-alles mindset as Secretary of State. Let's remember that she urged class-warfare tax policy for Pakistan and more recently said Brazil was a role model for soak-the-rich tax policy (a strange assertion since the top tax rate there is only 27.5 percent). If nothing else, at least we can give her credit for being consistent.

But if I have to choose between Mrs. Clinton's consistent statism and protecting the liberty and freedom of oppressed and persecuted people, it's no contest. Politicians and senior government appointees all over the world act as if folks in the private sector are nothing more than serfs and peasants who have an obligation to pay ever-higher tax burdens, so we should be happy that so-called tax havens offer a refuge - even if we don't live in failed states such as Venezuela, Mexico, and Argentina. Actually, since Obama is trying to turn us into Greece, maybe this issue will be important for Americans even sooner than we think.

Greetings From Panama

I'm on my may to El Salvador to give a speech about the principles of good fiscal policy and I stopped off in Panama for a luncheon speech sponsored by the Fundacion Libertad about the dangers of excessive government spending. I have two observations based on my day of discussions.

First, Panama has a very large banking sector, in part because it is a tax haven and in part because it is a "dollarized" economy. But Panama, like Canada, did not have any sectoral problems during the financial crisis. Why? Because unlike the United States, there are no policies to subsidize housing. There is no Fannie Mae, no Freddie Mac, and no Community Reinvestment Act. So even though there has been a housing boom in Panama City that has since cooled off, this did not lead to significant problems since banks had no government-created incentive to make zero-downpayment loans or offer loans to people with inadequate income and assets.

Second, Panama is a safe haven for oppressed people in Latin America. Many people from unstable regimes such as Venezuela have fled to Panama - or at least moved their money to Panama - to protect their families. Other people from places such as Ecuador and Argentina have moved their money to Panama to guard against expropriation and theft by corrupt governments. And others from nations like Mexico have placed their money in Panama because of rampant crime and kidnapping in their home nations - often triggered when corrupt bureaucrats in national tax offices sell information to criminal gangs. Putting money in Panama minimizes these terrible risks because so-called tax havens have strong human rights policies that protect financial privacy. But for many Latin Americans, the goal is not to protect against punitive taxation, but rather to guard against thuggish and incompetent governments. These are some of the issues highlighted in this video about "The Moral Case for Tax Havens."



For taxpayers from North America and Western Europe, tax havens are an important safety valve to guard against bloated and wasteful government. For taxpayers in most other parts of the world, though, tax havens can mean the difference between life and death. So every time you hear greedy politicians like Barack Obama and Nicolas Sarkozy attack tax havens, remember that they are willing to put people's lives at risk to promote their big government agenda.

Tax Haven Policies Attract $Trillions of Job-Creating Investment to the U.S. Economy

I think it is very nice when left-wing groups help make the case for pro-market policies A recent example is a report from the Center for International Policy, which wants to demonize so-called tax havens, but their report shows that the United States is actually the biggest beneficiary of tax haven policies, with more than $2 trillion of non-resident deposits in American financial institutions(the Cayman Islands is in second place, with $1.55 trillion of deposits compared to $2.18 trillion in the U.S.). This augments a report from another left-wing group, which found that Delaware is the world's best tax haven. In other words, America's tax haven policies (sadly, only available to non-resident aliens) are enormously beneficial to U.S. financial markets, which means capital that boosts investment and job creation. It's also worth noting that even non-U.S. tax havens benefit the American economy. As this Treasury Department chart illustrates, Caribbean banking centers have about $2 trillion invested in America's economy. The left-wing groups would like to destroy tax competition and set up a global tax cartel, sort of an "OPEC for politicians," but the numbers they report underscore how important it is for American policymakers to preserve the open flow of capital and why tax havens are great news for the U.S. economy. Which is exactly what we argued in our video on the Economic Case for Tax Havens.

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.

Tax Havens Are Not Money Laundering Centers

Demagogues such as Senator Carl Levin, as well as many other politicians and journalists, often assert that low-tax jurisdictions are havens for dirty money and terrorist financing. From a theoretical perspective, this does not make sense. So-called tax havens have a big incentive to avoid scandal since they are much more vulnerable to reputational risk. Just imagine what would happened, after all, if the 9-11 terrorists had used a bank in the Bahamas instead of a bank in Florida. Critics of low-tax jurisdictions automatically would have assumed that the bank was complicit and the entire financial services industry in the Bahamas would have been crippled - or even destroyed. But because the terrorists used American banks (as well as banks in high-tax European nations and the Middle East), there was not a knee-jerk reaction. People understood that the bank tellers and managers had no way of knowing that the flight school students were actually lunatics.

But this does not stop the anti-tax haven smear campaign. Low-tax jurisdictions are viewed as a threat by politicians since it is much harder to impose bad tax policy in a world where tax competition is allowed to flourish. This is why tax havens are attacked whenever something bad happens. If there is a terrorist attack, blame tax havens. If there is a financial crisis, blame tax havens.

With this in mind, a new report from the University of Basel's Institute of Governance did some real research and came up with a list of nations where there actually is a high risk of money laundering and terrorist financing. As the map below indicates, only one so-called tax haven is among the 28 countries listed, and that nation was in the lowest-risk category.

Switzerland's Strong Human Rights Laws Should be Emulated, not Persecuted

In a rational world, Switzerland would be a role model for other nations. It is quite prosperous thanks largely to a modest burden of government. There is remarkable ethnic and religoius diversity, but virtually no tension because power is decentralized (sort of what America's Founders envisioned for the United States). Yet despite these - and many other - attractive features, Switzerland is being persecuted because of strong human rights laws that protect financial privacy. Money-hungry politicians from other nations resent Swtizerland's attractive policies, and they would rather trample Swiss sovereignty rather than fix their own oppressive tax laws. An official from the Swiss Bankers Association provides some background in a New York Times column:

In Switzerland, this tradition of treating a client’s financial affairs in confidence became law in 1934 when it was codified in Article 47 of the country’s first-ever federal banking act as a contemporary reaction to the economic crisis, various domestic political considerations and well-publicized cases of espionage involving France and Germany. ...Banking secrecy, therefore, is not some gimmick the Swiss devised to attract foreign clients to their banks. It reflects the very high degree of trust that exists between the Swiss state and its citizens and it has strong democratic foundations. ...The Swiss are proud of their system and they reward it with a high level of taxpayer honesty. It works because the Swiss vote their own taxes, they have a high degree of control over the way tax revenues are spent and over all they believe their tax system to be reasonable, comprehensible, transparent and fair. The principle of self-declaration backed up with withholding taxes and, if necessary, stiff fines supports this “honesty box” system. ...Doesn’t Switzerland hear the snapping jaws and cracking whips of foreign finance ministers, tax collectors, O.E.C.D. bureaucrats, cash-dispensing government agents and other denizens of the encroaching real world as they circle round Mother Helvetia intent on biting huge chunks out of her banking secrecy, if not swallowing it whole? ...In March last year the Swiss announced they would give up the evasion-fraud distinction for foreign bank clients and adopt the O.E.C.D. standards on information exchange in tax matters. ...However, requests for assistance must be made with regard to a specific individual, and “fishing expeditions” — any indiscriminate trawling through bank accounts in the hope of finding something interesting — remain ruled out. ...Switzerland demonstrates to the world that it is possible for a state to collect taxes with a high degree of taxpayer honesty and without the authorities being corroded with suspicion about the financial activities of their citizens. Citizens in a democracy would never allow their police force to have an automatic right of forced entry into their homes just on the off-chance of finding some stolen goods, so why on earth should the state have an automatic right of forced entry into citizens’ banks accounts just on the off-chance of discovering some tax evasion? There must be a limit to the extent to which respect for an individual’s privacy is sacrificed on the altar of international cooperation in tax matters.

Sadly, the United States is part of the effort to create a global tax cartel. An "OPEC for politicians" would be terrible news for taxpayers, though, much as a cartel of gas stations would be bad for driviers. So-called tax havens play a valuable role in curtailing the greed of the political class. Ask yourself a simple question: Would politicians be more likely or less likely to raise tax rates if they knew taxpayers had no escape options?

A Victory for the Rule of Law over IRS Bullying

A Swiss court just threw a wrench in the gears of an IRS effort to impose bad US tax law on an extraterritorial basis, ruling that UBS does not have to hand over data to the American tax authorities. This ruling nullifies an agreement that the Swiss government was coerced into making with the US government last year. In typical arrogant fashion, the IRS already has indicated that it still expects acquiescence, notwithstanding Switzerland's strong human rights policy on personal privacy. The Bloomberg story excerpted below has the details, but it's worth noting that this entire fight exists solely because the internal revenue code imposes double taxation on income that is saved and invested and imposes that bad policy on economic activity outside America's border. But just as other governments should not have the right to impose their laws on things that happen in America, the United States should not have the right to trample the sovereignty of other nations:

A UBS AG account holder won a Swiss court case preventing data from being disclosed in a ruling that may impede a U.S. crackdown on overseas tax evasion. The failure by U.S. citizens to complete certain tax forms or declare income doesn’t constitute “tax fraud” that would require Switzerland to disclose account data, the country’s Federal Administrative Court ruled in a judgment released today. ...“The prosecutors at the Justice Department are not going to be happy with this opinion,” Namorato said in an interview in Washington. “It guts the settlement that they negotiated with the Swiss authorities.” ...The Swiss government said in a statement that it will decide Jan. 27 how the Swiss-U.S. agreement can be implemented in light of the ruling. U.S. Justice Department spokesman Charles Miller declined to comment. ...The Internal Revenue Service said in a statement that while the agency hadn’t reviewed the ruling it “had every expectation that the Swiss government will continue to honor the terms of the agreement.” ...Today’s ruling involved a single test case, and the court said there were 25 more involving similar claims that it will ask the Swiss tax authority to review. “It’s a landmark decision,” said Bernhard Loetscher a partner at Zurich-based law firm CMS von Erlach Henrici AG. “The court considers the case so crystal clear that it invited the SFTA to withdraw the 25 other claims.” ...Under the 1996 double taxation treaty, “tax fraud and the like” means fraudulent behavior that causes or attempts an illegal and important reduction in tax owed. Examples included keeping separate accounts of incorrect profit, losses and orders, as well as a scheme of lies. Switzerland distinguishes between tax fraud, which is a crime, and tax evasion, which is a civil offense. “The U.S. will soon start to renegotiate the double taxation treaty, to give up the distinction between tax evasion and tax fraud,” said Zurich lawyer Wolfram Kuoni. “The key battle will be if it will apply retrospectively.”

This battle is part of a broader effort by uncompetitive nations to persecute "tax havens." Creating a tax cartel for the benefit of greedy politicians in France, Germany, and the United States would be a mistake. An "OPEC for politicians" would pave the way for higher taxes, as explained here, here, and here. But this also is a human rights issue. Look at what happened recently in the thugocracy known as Venezuela, where Chavez began a new wave of expropriation. The Venezuelans with money in Cayman, Miami, and Switzerland were safe, but the people with assets inside the country have been ripped off by a criminal government. Or what about people subjected to persecution, such as political dissidents in Russia? Or Jews in North Africa? Or ethnic Chinese in Indonesia? Or homosexuals in Iran? And how about people in places such as Mexico where kidnappings are common and successful people are targeted, often on the basis of information leaked from tax departments. This world needs safe havens, jurisdictions such as Switzerland and the Cayman Islands that offer oppressed people the protection of honest courts, financial privacy, and the rule of law. Heck, even the bureaucrat in charge of the OECD's anti-tax competition campaign admitted to a British paper that "tax havens are essential for individuals who live in unstable regimes." With politicians making America less stable with each passing day, let's hope this essential freedom is available in the future.

Greetings from the Cayman Islands

I'm now relaxing in the warm sunshine of the Cayman Islands, having given a speech to an International Funds Conference.

My speech was a standard critique of high-tax governments and international bureaucracies for trying stifle tax competition and create a global tax cartel - sort of an OPEC for politicians.

The most interesting part of the conference was when an expert from Hong Kong equated the tax system of the United States with North Korea and Libya. A bit of hyperbole, to be sure, but our tax system has totalitarian aspects that are far worse than anything found even in places such as France. And now Obama wants to further increase the power of the IRS and strip away even more of our freedoms.

For those who want more information on the topic, here's my video on tax competition, followed by a video castigating Obama's anti-tax haven demagoguery.

Greedy Local Politicians Attempt to Grab Revenue Far Outside Their Borders

Regular readers of this blog are familiar with the tax competition battle, which largely revolves around high-tax governments attempting to track - and tax - economic activity that migrates to lower-tax jurisdictions. But this is not just a global fight between decrepit welfare states such as France and fiscal havens such as the Cayman Islands. American states also compete with each other, and there are numerous examples of high-tax states such as California and New York trying to grab money from people who escape to zero-income tax states such as Nevada and Florida. The fight even even exists at the local level, and a good example is the attempt by politicians to tax faraway online travel agencies. The Orange County Register opines about these extraterritorial tax grabs:

A recent legal victory for some Texas cities against online travel companies over hotel taxes may have given Anaheim officials hope for their own case, but they shouldn't start celebrating just yet. Other cities have not fared as well in similar lawsuits. ...Here's what Fairview Heights, Anaheim and other cities wanted to change: In a typical transaction, a traveler picks a hotel and books a room, stays there, and pays the hotel a room charge plus a local occupancy tax based on the room charge. The hotel keeps the room charge and forwards the tax money to the government. Enter online travel companies like Expedia, Hotels.com, Orbitz, Priceline and Travelocity, which allow travelers to sort through hotels and book a room on a central Web site. These companies do not reserve or resell hotel rooms, but act as intermediaries to facilitate the transaction between hotel and traveler. The hotel receives an amount for the room, on which the city's hotel tax is based. Let's say I search a Web site and book a $100 hotel room. The online company charges me $10 for their service. Anaheim argues that hotel occupancy tax should be paid not only on the $100 room charge, but also on the $10 service fee. ...A federal bill is pending to limit hotel taxes to amounts collected by a hotel for occupancy purposes, excluding service fees and markups by intermediaries. The Constitution permits Congress to pass such laws if there is a danger that state and city laws are interfering with interstate commerce. Hotel taxes are attractive to local politicians because they are a way to shift the tax burden to "outsiders." But because every U.S. city has a hotel tax, we're all somebody else's "outsider." The net result is that everyone is taxing everyone else in an unaccountable way, and unless the cities and their lawyers are stopped, in an unpredictable way, too.

The World's Best Tax Haven: In America, but Unavailable to Americans

Tax competition is an issue that arouses passion on both sides of the debate. Libertarians and other free-market advocates welcome tax competition as a way of restraining the greed of politicians. Governments have lowered tax rates in recent decades, for instance, because politicians are afraid that the geese that lay the golden eggs can fly across the border. But collectivists despise tax competition - for exactly the same reason. They want investors, entrepreneurs, and companies to passively serve as free vending machines, dispensing never-ending piles of money for politicians. So when a left-wing group puts together a ranking of the world's "top secrecy jurisdictions" in hopes of undermining tax competition, proponents of individual freedom can use that list as a guide to world's most investor-friendly nations. The good news is that an American state, Delaware, is number one on the list. And since being a tax haven is a magnet for investment, this is good news for U.S. competitiveness. The bad news is that American taxpayers are not allowed to benefit from many of Delaware's "tax haven" policies. Here's what a left-wing columnist in the United Kingdom wrote about the issue:

You're a billionaire but you don't want anyone, least of all the taxman, to know. What do you do? Head for a palm-fringed island paradise or a snow-covered Alpine micro-state? Wrong. The world's most opaque jurisdictions – the ones that will best shield you and your cash from the light – are mostly in the heart of the most sophisticated and powerful global financial centres. London, Luxembourg and Zurich are in the top five most secretive jurisdictions, according the first comprehensive index of financial transparency ever compiled. Yet top of the pile, beating the British Virgin Islands, Belize or Liechtenstein as the best place to hide wealth, is Delaware. One of the smallest states in the US, it offers the best protection for anyone who does not want to disclose their identity as a beneficial owner of a company. That is one very good reason why the East Coast state hosts 50% of the US's quoted firms and 650,000 companies – almost equivalent to one company per Delaware resident. ...Delaware – the political power-base of the US vice-president, Joe Biden – offers high levels of banking secrecy and does not make details of trusts, company accounts and beneficial ownership a matter of public record. Delaware also allows companies to re-domicile within its borders with minimal disclosure, and allows the existence of privacy-enhancing "protected cell" or "segregated portfolio" companies, among many other stratagems useful for protecting the identity of those who do business there.

Prince Michael of Liechtenstein Discusses the Human Right of Financial Privacy

Here's a Cato Institute podcast with H.S.H. Prince Michael v. Liechtenstein. It would be nice if America has business and political leaders with a commitment to individual liberty and personal freedom.

Greetings from Liechtenstein

I am in Vaduz, Liechtenstein, where I will be giving a speech shortly on tax competition issues, at a conference entitled, "Can Capitalism Survive."

Regular readers already know my views on tax competition, so allow me to make a few observations instead about Liechtenstein.

It has a progressive income tax, which sounds bad, but the top tax rate is only 18 percent. The low rates, combined with a very simple system that generally does not penalize saving and investment, means that there is very little disincentive for people who want to make the economy more productive.

Government spending in Liechtenstein is far too high, consuming about 21 percent of GDP. But compared to the United States, where government outlays are approaching 40 percent of GDP (and Western Europe, where they someteimes exceed 50 percent of economic output), Liechtenstein is a small-government jurisdiction.

There are 36,000 people living in Liechtenstein and 32,000 jobs. Is this a sign of rampant child labor? No, there are 32,000 jobs because more than 15,000 foreigners come to Liechtenstein every day to work. Having low tax rates and small government is a good recipe for economic prosperity, and this is good news for workers in neighboring nations.

It goes without saying, of course, that the people and leaders of Liechtenstein correctly understand that financial privacy is a fundamental human right, one that respects the sanctity of the individual and recognizes the threat of government.

Last but not least, the seven villages that comprise Liechtenstein have an explicit right of secession. So if the Royal Family and/or Parliament ever get too greedy, all it takes to escape is a two-thirds vote.

Resisting the Global Tax Schemes of International Bureaucracies

For those who followed my adventures at the OECD conference in Mexico, you have some idea of the dangers posed by bureaucrats trying to create a global tax cartel. For further information, I have an article in the latest issue of Offshore Investment. The whole article is worth reading, but the concluding paragraph is a good summary:

Politicians from high-tax nations – and the international bureaucracies that represent those governments – will continuously push schemes to restrict tax competition, and they have the advantages of time and (other people’s) money on their side. Although tax competition has been a liberalising force throughout the world, encouraging governments to lower tax rates, even leading a number of jurisdictions to adopt simple and fair flat tax systems, this liberalising process is being threatened by a number of policies mostly stemming from Europe. This is bad for low-tax jurisdictions and bad for taxpayers (especially those from high-tax nations). Tax harmonisation means higher tax rates and a more onerous burden of government. This inevitably translates into slower economic growth and stagnating living standards.

The article was co-authored by my summer intern, Hiwa Alaghebandian, who is back in school at William & Mary. Now, I have an intern from the utterly despicable University of Florida (which, sadly, has dominated my beloved Georgia Bulldogs in recent years). As you can see from this photo from a post-softball celebration, I've obviously traded down.

Hypocrisy Alert: International Bureaucrats Seek to Create Global Tax Cartel - Yet They Get Tax-Free Salaries

Richard Rahn has an excellent column in the Washington Times, discussing how the Organization for Economic Cooperation and Development is working with high-tax nations to bully low-tax jurisdictions into adopting bad policy. Yet these bureuacrats rather conveniently don't have to pay any income tax. No wonder they are oblivious to the real-world destructive impact of punitive tax rates. The column also explains that this bullying campaign is backfiring against America since some foreign financial institutions have decided to pull money out of America in order to avoid being turned into stooges for the IRS:

The high-tax countries are using the OECD to threaten low-tax jurisdictions to sign this agreement. It is worth noting that the tax bullies at the OECD and at other international organizations, such as the United Nations, International Monetary Fund and World Bank, who demand that others pay higher taxes, enjoy tax-free personal income courtesy of the world's taxpayers. Freedom House, an organization that keeps its eye on human rights abuses and anti-democratic activities by countries, lists a number of the countries on the OECD list of cooperating jurisdictions as "not free" or only "partly free" -- including Russia, China and the United Arab Emirates. Yet some democratic and free jurisdictions have been listed as noncooperating by the OECD. According to the OECD, the U.S. should be sharing tax information with nondemocratic and/or corrupt countries on its list. Worse yet, the Obama administration is supporting the OECD in this wholesale violation of basic rights. ...The good news is that some in low-tax jurisdictions are beginning to fight back. Last week, the head of the oldest bank in Switzerland (who holds a doctorate in economics from a leading U.S. university) said he was no longer going to invest in the United States because he found the new IRS regulations -- which foreign banks must follow -- so vague, onerous and incomprehensible that he could never be sure his bank was not at risk. In addition, he argued that the economic path the U.S. is taking can only lead to slower growth, and his bank sees better opportunities elsewhere. From the time of the Reagan economic reforms a quarter of a century ago until last year, the United States had the highest average rate of growth of the major developed countries. A substantial part of this growth was fueled by foreign investment in our nation. Those in the Obama administration's Treasury Department (including the IRS) who are working with the tax bullies at the OECD are driving away much of the foreign investment at a time when it is most needed.

Should It Be a Tax Offense to Get a Mortgage or Quit Smoking?

The title of this post is a joke, but not really. As mentioned in an earlier post, the Organization for Economic Cooperation and Development (OECD) tried to categorize tax avoidance as something to be fought as part of its anti-tax competition project. This implies, of course, that any decision we make to lower our taxes is suspect, even if we are following the law! For those who care about tax competition, fiscal sovereignty, and financial privacy, I explore the implications of what happened in Mexico City in this Strategic Memorandum.

Final Report from Mexico

I managed to stay out of jail, and was even able to sneak past security at the closing press conference in order to get headphones for the Spanish and French translations. But that's the only positive thing to report.

Here are some preliminary thoughts (and here is a press release issued by the Center for Freedom and Prosperity):

The most noteworthy development to report is that the OECD (with lots of support from Brazil) tried to officially expand its mission so that it could fight tax avoidance. This is remarkable since tax avoidance, by definition, is completely legal. For all intents and purposes, this effort indicates that the OECD wants to restrict tax planning by multinational companies. The good news is that the OECD was forced to back down - at least in the sense that they were unable to include language in the final report. The bad news is that the OECD is an unaccountable international bureaucracy and will pursue this anti-business agenda anyhow.

The other development worth noting is that the bureaucrats at the OECD have perfected the bait-and-switch maneuver. Every time the so-called tax havens would raise good points and begin to press the OECD to live up to previous statements and commitments, the bureaucrats would assert that it was time for a new subject. Then, when the time came to publish the final report of the conference (which none of the delegates were allowed to see, much less vote on), the OECD wrote its interpretation of events. If it wasn't for the fact that the OECD is pursuing an agenda that will reduce living standards and cause misery, one would almost have to admire their cleverness.

Who Will Bail Me Out of a Mexican Jail?

Greetings from the OECD Global Tax Forum in Mexico City.

Our erstwhile friends at the OECD are not very tolerant of dissent, and this trip is a good example. First, they bullied the hotel in Cabo into canceling my reservation. Apparently, my mere presence would create a disturbance to their plans for one-size-fits-all taxation. But then the conference got moved to Mexico City because of the hurricane and the bureaucrats did not have the ability - at least on short notice - into coercing the new hotel into denying me the ability to get a room (not that it would have been a big deal to register someplace else, but it is somewhat galling that petty bureaucrats seem so intent of throwing roadblocks in the way of the folks who pay their bloated - and tax free - salaries).

Today, however, the OECD upped the ante. I have been hanging out in the public lobby outside of the OECD's conference room. This location makes it easy to communicate with the delegates from low-tax nations. This apparently irritates the bureaucrats, so they sent one of their security officials to ask me to leave. I asked what right he had to make such a request, especially since I was in a public area. He claimed that the lobby - which also serves as the entrance to a restaurant and the business center - was reserved for the conference. I said that was absurd and would like to see the hotel management. Perhaps more important, I turned to the reporter next to me and started explaining that this was a typical example of the OECD's reprehensible strong-arm tactics. This flustererd the security guy and he backed down.

But I suspect that this is not the end of the story. And since I'm not overly confident that the Mexican government respects the rule of law, I do have visions of getting carted off to an unpleasant jail. If you don't see anything in this space tomorrow morning, that won't be a good sign.