In an interview recently published by the LMG news service, international tax
counsel to the government of Aruba, John Sanders argued that the European Union's
Code of Conduct on Business Taxation is unfair on the affiliated territories
and dependencies of EU member states, which are forced to comply with more strict
rules than their non-EU counterparts.
He went on to explain that although offshore finance centres with no EU links
are encouraged to come into line with the rules on tax competition laid out
by the Organisation for Economic Cooperation and Development (OECD), the multilateral
body has softened its approach in recent years, shifting its focus to the issues
of transparency and tax information exchange.
The EU rules, however, still contain provisions outlawing so-called "ring
fencing" and preferential tax regimes for companies on the basis of their
origin.
“Many of the UK territories have said that because they cannot have preferential
regimes they will abolish corporate taxes altogether,” Mr Sanders explained
to the news service, observing that: “They can easily do that because the nature
of their economies means they will hardly suffer from it."
He went on to add, however, that:
“The situation now is that the member states get the benefits [of eradicating
harmful tax competition, which protects tax revenues], most associated territories
can deal with it and the only places that have a problem are the Netherlands
Antilles and Aruba. This creates the most uneven playing field imaginable.”
According to the LMG report, Aruba has committed to end its tax-exempt company
scheme by the end of next year in order to comply with EU rules.
The Netherland Antilles, meanwhile has somewhat more pressing matters to attend
to, after it emerged last month that a commission appointed by the Dutch and
Antillean governments had recommended the breaking up of the Caribbean jurisdiction
of the Netherland Antilles into separate entities within the Dutch Kingdom.
According to the findings of the commission headed by former Antillean governor
Edsel Jesurun, the islands of Curacao and St Maarten should be made autonomous
countries alongside the Netherlands and the Caribbean island of Aruba, whilst
the remaining three islands - Saba, Bonaire and St. Eustatius - should be brought
under the direct control of the Dutch government in The Hague.