This article, which
appeared in the Wall Street Journal on December 21 2000, is reproduced
here by kind permission of the author, Daniel J Mitchell, McKenna
senior fellow in political economy at the Heritage Foundation
and the chairman of the Center for Freedom and Prosperity.
The United Kingdom
has been very skeptical of the European Union's push for tax harmonization,
and with good reason. Both marginal tax rates and the aggregate
tax burden in the U.K. are lower than EU averages, which is an
important reason why the British economy is doing better than
its neighbors' across the Channel. Needless to say, U.K. policy
makers would be foolish to discard this competitive advantage.
At the EU summit
in Nice, Prime Minister Tony Blair appeared to have understood
this basic principle. He scuttled a misguided plan to end the
unanimity rule that gives every member nation a veto over EU tax
policy. This was a major victory since the plan being pushed by
some members -- increasing the use of qualified majority voting
-- would have allowed Europe's high-tax nations to force the U.K.
to raise its fiscal burden.
By protecting his
nation's fiscal sovereignty, Mr. Blair helped ensure that the
U.K. can continue to attract highly productive economic refugees
from France and other nations with oppressive tax regimes. Jurisdictional
tax competition has been a big plus to the British economy, and
Mr. Blair certainly deserves some credit for defending this important
feature of a just international order.
Unfortunately, Mr.
Blair's opposition to tax harmonization seems to vanish when the
public is not paying attention. Tony Blair defends tax competition
when dealing with the EU, and clearly enjoys the voter support
he receives for this position, yet his government has been an
avid supporter of another tax-harmonization campaign - one that
has been launched by the Organization for Economic Cooperation
and Development.
The OECD's "harmful
tax competition" initiative may not be receiving as much
attention as the qualified majority voting policy developed in
Brussels, but it could prove even more dangerous to the world
economy. Unlike the EU, which sought to impose its foolish QMV
proposal only on nations that are members of the Union, the OECD's
ambitions spill beyond its membership list.
A major feature of
the OECD's program, for instance, is an attempt to dictate tax
and privacy policy to countries that do not belong to the organization.
The Paris-based OECD is urging its member nations to slap sanctions
on 41 countries it has identified as tax havens unless they agree
to help Europe's welfare states collect more tax revenue.
The key demand the
OECD is making is that financial institutions in low-tax regimes
share private financial information with foreign tax collectors.
High tax nations in the OECD are going after their own residents,
who may have parked money abroad to escape onerous tax levels.
But they want more than that. They want unlimited financial information
that would help them determine if there's any nexus that makes
an entity taxable in their country.
Effectively it means
getting, say, the Bahamas to enforce the laws of, say, Germany.
The result would be to reduce the incentives investors now have
to shift economic activity to market-friendly jurisdictions. The
sanctions include asking corporations in OECD members to impose
special withholding taxes on bond holders who reside in one of
the 41 countries; asking banks to do likewise with special fees
to financial transactions with the "offending" countries,
etc. Of course, this is not quite the same thing as demanding
that tax rates across countries actually be coordinated. And too,
the OECD has no enforcement power on its members. The body is
largely a talking shop, and all it can do is recommend this laundry
list to its members.
But, ironically,
the OECD initiative may end up having farther-reaching consequences
than the EU's doomed tax harmonization plan. The real culprits
here are the treasury and finance ministry officials who got the
OECD to become a vehicle for this type of activity, perhaps judging
that doing the same thing through the EU would prove more public
and controversial than a quieter OECD bid.
British Chancellor
of the Exchequer Gordon Brown and his Director of the International
Division of Inland Revenue Gabriel Makhlouf have been active proponents
of the OECD's scheme. Indeed, Mr. Makhlouf is the Chairman of
the OECD's Committee on Fiscal Affairs, which is the division
of the organization responsible for the most egregious assaults
against tax competition, fiscal sovereignty, and financial privacy.
Perhaps most revealing,
the U.K. has apparently been bullying its territories and possessions
to capitulate to the OECD. Many of the "tax havens"
within the U.K. -- including the Caribbean islands of Bermuda,
the Cayman Islands, Turks & Caicos and Anguilla, the Channel
Islands of Jersey and Guernsey, and the Isle of Man -- complain
privately that Mr. Blair's government is pressuring them to surrender
their fiscal sovereignty to the OECD. And both the private sector
and government officials from Bermuda and the Cayman Islands,
which are among the small handful of jurisdictions that have nominally
capitulated to the OECD's demands, bitterly complain that they
were browbeaten by London.
Needless to say,
this raises an obvious question: What is Mr. Blair's real agenda?
Perhaps Mr. Blair really does oppose tax harmonization and is
using his colonies as a bargaining chip to secure what he sees
as a less onerous form of it. A less charitable explanation is
that Mr. Blair actually favors tax harmonization, but must hide
this position from voters. According to this theory, resistance
to the EU's scheme is a convenient facade.
Or perhaps it is
merely that Mr. Blair is not fully aware that his appointees are
actively working with the OECD to force countries to open private
accounts to government scrutiny. Whatever the explanation, Mr.
Blair's government has become an advocate of a kind of harmonizing
of tax rules. This is bad for the U.K. and bad for the world economy.
It would allow politicians to create a cartel of high-tax nations.
It would mean a loss of financial privacy (witness the EU's recent
information-exchange agreement, a supposed "victory"
engineered by Mr. Blair). And it would mean a loss of fiscal sovereignty.
Too bad voters do
not know this is happening. Perhaps the time has come for Mr.
Blair to choose which group is more important to him: OECD bureaucrats
or British taxpayers?