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Navigating The Complexity of Ownership From The Lens of Sanction By Extension

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Lapses in UBO Identification, Sanctions Compliance, and Corporate data

Tuesday, 30th April. 13:00 - 14:00 London Time (GMT+1)

HOST

Mark Bain

Speaker

Louie Vargas

Speaker

Michael Harris

Tax Havens

12 March, 2024

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Tax havens are places with specific rules or offshore financial sectors to attract more investment. Corporate tax havens allow companies to pay less tax, protect their money, and open various opportunities for countries to bring investment. However, they caused illegal tax evasion and enhanced money laundering. The list of infamous tax haven countries includes Panama, Hong Kong, Belize, the British Virgin Islands, and the Bahamas. 

In-Depth Overview of Tax Havens

A tax haven or offshore financial sector is a country or jurisdiction with limited taxation for foreign investors and businesses. In 1998, the Organisation for Economic Cooperation and Development (OECD) international administration’s policies for equal opportunities indicated characteristics to identify tax havens. Given below are the tax haven attributes defined by the OECD.

Tax Havens
  • No or Nominal Tax 

The first attribute of tax havens is there are no or minimum tax regulations, which can easily breach or comply for businesses. These regulations don’t impact their revenue, prevent further cuts from the profits, and provide a convenient structure for cash flow. However, these tax structures depend from country to country, but all tax havens have jurisdictions where foreigners can escape from taxes by putting their companies and assets under offshore tax havens. While many well-regulated nations do not qualify as tax havens, they have tax-collecting strategies with loopholes to entice investors. 

  • Lack of Information Sharing 

Most tax havens did not share in-depth information with the foreign tax regulatory authorities. They have inadequate tax collection data sharing practices to disguise the country’s tax bubble from the international watchdogs. There can be minimal or no sharing of information about the companies or individuals who have accounts in their banks. This assists them in hiding the controversial money flow behind their complex tax collection structure. 

  • Scarcity in Corporate Transparency

Corporate transparency has an essential role in combating money laundering and terrorist financing. In tax havens, there are always hidden deals behind the curtains that do not meet the eye. The legislative, attorney, and tax regulators dealing with company owners are opaque. In tax havens, there is always a chance that companies and tax attorneys are planning some shady deals to reduce tax rates.

  • No Rigid Regulations

Tax havens do not require substantial development to design a legal framework for foreign investors. They are not complying with international regulations, and their jurisdictions primarily have multiple loopholes. Countries have also signed various tax avoidance agreements with companies to motivate them to do business. This signed agreement also lacks the sharing of information with other countries.  

Is Tax Havens Legal?

Tax havens are not necessarily illegal, but they become a problem when countries take beyond the limit advantage of the legal framework and start breaking laws to boost their economy. Despite that, it is legal, and many countries are using this by utilizing complex structures and banking systems to reduce their income tax. Although these are convenient for criminals, politically exposed persons (PEPs), and business owners, using tax havens is legal. Considering it boosts the country’s economy as well as it is legal until the bank account owners pay the tax according to country policies. 

Disadvantages of Tax Havens 

Offshore corporate tax havens enhance a country’s economy and increase living standards. On the other hand, it also damages the countries promoting tax havens and companies using offshore tax havens. Corporations’ offshore tax havens are overviews of the countries to overcome poverty, but they are interconnected with the given below downsides: 

Revenue loss for Governments 

Tax havens can lead countries to lose revenue collected by taxation. The leakage of the tax collection damages the country’s infrastructure, social programs, and government services. They also faced a shortage of funds, which will increase prices that directly raise poverty. For example, Apple offshored US $214.9 billion by using Ireland as a tax haven. In 2016, the EU Commission obliged Apple to repay the Irish government €13 billion as the company took advantage of the country’s corporate tax rate. 

Inequality in Money Flow 

Tax havens only boost individuals’ cash flow, not benefit ordinary people. Someone with opportunities to learn about these loopholes will create a loop to make more money. Large corporations reduce the taxes they must pay to the country, a legal right of every nation. Moreover, companies or individuals who have no knowledge of how to structure their assets to gain leverage in taxes had to pay more taxes. For example, in the Panama Papers leaks, many companies and politically corrupt leaders designed offshore accounts for tax avoidance. 

Unstable Annual Budget 

Tax havens also damage the country’s futuristic development plans because offshore companies’ tax revenue is unpredictable. It damages the country’s money stream, leading to its unstable cash flow and annual budget plan, so most countries do not comply with their yearly aims. For example, when a country has an unstable budget, it is unable to invest in infrastructure, healthcare, education, and other essential services. This can have a devastating effect on the economy, leading to an economic downturn.

Top Tax Havens Worldwide 

Panama- One of the Caribbean’s oldest tax havens is the Republic of Panama. It is most famous because of the no or nominal tax rate on the businesses.  

Bermuda- As declared in the 2016 Oxfam study, Bermuda is the worst country but a haven for business owners for tax avoidance. 

Switzerland- The most beloved tax haven country for many businesses and corrupt politicians because of its full hidden tax regulation or partial tax exemptions, depending on the bank used. 

Singapore– A tax haven with offshore jurisdiction, offers various excellent financial services, including offshore banking, incorporating offshore companies, registering ships, and forming trusts and foundations.

Netherlands- The most popular tax haven worldwide, the government uses tax incentives to attract international investors to their country.

Ireland- Despite claims to the opposite from the government, it is regarded as a tax haven. After being established in Ireland, Apple discovered that its Irish companies were not complying as taxpayers in either the US or Ireland.

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