Tax Dodging by Super-Rich, Big Corporations Costs Nations Half a Trillion Per Year: Study

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Original article by Jake Johnson republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

A crowd of demonstrators marches in Saint-Brieuc, France on May 1, 2024. (Photo: Emmanuelle Pays/Hans Lucas/AFP via Getty Images)

“The U.K. and the U.S. are both among the biggest enablers and the biggest losers of this lose-lose tax system,” said the chief executive of the Tax Justice Network.

A study published Tuesday estimates that tax dodging enabled by the United States, the United Kingdom, and other wealthy nations is costing countries around the world nearly half a trillion dollars in revenue each year, underscoring the urgent need for global reforms to prevent rich individuals and large corporations from shirking their obligations.

The new study, conducted by the Tax Justice Network (TJN), finds that “the combined costs of cross-border tax abuse by multinational companies and by individuals with undeclared assets offshore stands at an estimated $492 billion.” Of that total in lost revenue, corporate tax dodging is responsible for more than $347 billion, according to TJN’s calculations.

“For people everywhere, the losses translate into foregone public services, and weakened states at greater risk of falling prey to political extremism,” the study reads. “And in the same way, there is scope for all to benefit from moving tax rule-setting out of the OECD and into a globally inclusive and fully transparent process at the United Nations.”

The analysis estimates that just eight countries—the U.S., Canada, the U.K., Japan, Israel, South Korea, Australia, and New Zealand—are enabling large-scale tax avoidance by opposing popular global reform efforts. Late last year, those same eight countries were the lonely opponents of the United Nations General Assembly’s vote to set in motion the process of establishing a U.N. tax convention.

According to the new TJN study, those eight countries are responsible for roughly half of the $492 billion lost per year globally to tax avoidance by the rich and large multinational corporations, despite being home to just 8% of the world’s population.

“The hurtful eight voted for a world where we all keep losing half a trillion a year to tax-cheating multinational corporations and the super-rich,” Alex Cobham, chief executive of the Tax Justice Network, said in a statement Tuesday. “The U.K. and the U.S. are both among the biggest enablers and the biggest losers of this lose-lose tax system, and their people consistently demand an end to tax abuse, so it’s absurd that the U.S. and U.K. are seeking to preserve it.”

“It’s perhaps harder to understand why the other handful of blockers, like Australia, Canada, and Japan, who don’t play anything like such a damaging role, would be willing to go along with this,” Cobham added.

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TJN released its study as G20 nations—a group that includes most of the “hurtful eight”—issued a communiqué pledging to “engage cooperatively to ensure that ultra-high-net-worth individuals are effectively taxed.” Brazil, which hosted the G20 summit, led the push for language calling for taxation of the global super-rich.

The document drew praise from advocacy groups including the Fight Inequality Alliance, which stressed the need to “transform the rhetoric on taxing the rich into global reality.”

The communiqué was released amid concerns that the election of far-right billionaire Donald Trump in the U.S. could derail progress toward a global solution to pervasive and costly tax avoidance.

The new TJN study cites Trump’s pledge to cut the statutory U.S. corporate tax rate from 21% to 15% and warns such a move would accelerate the global “race to the bottom” on corporate taxation.

“People in countries around the world are calling in large majorities on their governments to tax multinational corporations properly,” Liz Nelson, TJN’s director of advocacy and research, said Tuesday. “But governments continue to exercise a policy of appeasement on corporate tax.”

“We now have data from these governments showing that when they asked multinational corporations to pay less tax, the corporations cheated even more,” Nelson added. “It’s time governments found the spines their people deserve from their leaders.”

Original article by Jake Johnson republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Continue ReadingTax Dodging by Super-Rich, Big Corporations Costs Nations Half a Trillion Per Year: Study

‘Screwing it up’: HMRC’s £14m error lets tax avoidance specialist off the hook

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Original article by Ed Siddons republished from TBIJ under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

Basic mistake was made in pursuit of fine against man thought to have cost the exchequer £1bn in lost revenue

HMRC squandered the chance to hold a notorious promoter of tax avoidance schemes to account after making a “rudimentary” error at tribunal, new documents reveal.

According to a recently published tax tribunal judgement, the UK tax authority was attempting to bring a £14m penalty against Paul Baxendale-Walker, a former lawyer and tax adviser. HMRC estimates his schemes to have cost the exchequer some £1bn in lost taxes according to a separate court filing.

Baxendale-Walker denied a “false collection of allegations” put to him by TBIJ, and said the £14m penalty was “a fiction … conjured” by HMRC.

The judgement raises questions about HMRC’s handling of the promoters of tax avoidance schemes at a time when tax has become a battleground in the forthcoming general election.

‘There’s a lack of battlefield command within HMRC’

HMRC has enjoyed some substantial victories in recent years, including a £650m windfall and fraud conviction against former F1 mogul Bernie Ecclestone, and a landmark £615m deferred prosecution agreement with the owner of Ladbrokes and Coral. But experts suggest it has failed to adequately hold enablers of tax dodging to account.

“This is screwing it up 101,” said Ray McCann, the former president of the Chartered Institute of Taxation and a senior HMRC investigator of more than 30 years. “I’m completely mystified as to why [HMRC] did what they did [… it appears] there’s a lack of battlefield command within HMRC.”

Baxendale-Walker, 60, gained notoriety after designing a number of tax avoidance schemes in the 1990s and 2000s that were later found not to be legal.

Court documents filed in a separate case in the United States cite HMRC estimates that his schemes cost the tax authority over £1bn in total. Baxendale-Walker disputed this figure to TBIJ, but did not provide evidence to support his claim. “He’s caused carnage,” said McCann.

HMRC was attempting to bring a penalty based on an information notice it obtained at tribunal in 2022, to force Baxendale-Walker to hand over documents to the authority. Baxendale-Walker told TBIJ that he did not have the documents to begin with, and HMRC said it would not comment on individual cases.

HMRC agreed to an extension requested by Baxendale-Walker, but in doing so made one of two mistakes, both of which involved missing a deadline for imposing a penalty.

The Upper Tribunal judge found that it did not matter which mistake HMRC had made, it had invalidated the £14m penalty regardless.

The judge struck out the proposed £14m fine in its entirety in a judgement handed down on 28 July 2023, which was made public this month.

McCann said: “When I was in [HMRC], I would never in a million years have deviated from what a tribunal had authorised because it always goes wrong. […] Now the penalty is history because [HMRC] screwed it up.”

Over the past two decades, Baxendale-Walker has been subject to various civil court cases, professional sanctions and criminal charges.

He was struck off as solicitor in 2006 for conflicts of interest relating to a tax avoidance scheme. In 2012, he was subject to a civil restraint order for filing repeated claims against the Law Society after his dismissal as a lawyer.

Paul Baxendale-Walker pleaded guilty to forgery in 2016Denise Truscello/WireImage via Getty Images

In 2016 he pleaded guilty to forgery after impersonating an investigator contracted by HMRC on a call to the Solicitors Regulatory Authority. Two years later, he was declared bankrupt following a court defeat that found him liable for some £16m on the basis of negligent tax advice.

“HMRC should have approached Paul Baxendale-Walker with extreme care,” said McCann. “Get some people working on his case who really know what they’re doing, don’t take any risks whatsoever, don’t deviate in any way from what the law says.”

‘If HMRC can’t get this guy, it’s hard to see how they can get anyone’

Dan Neidle, the founder of the independent thinktank Tax Policy Associates and former head of tax at global law firm Clifford Chance, said: “If HMRC can’t get this guy, it’s hard to see how they can get anyone.”

Paul Baxendale-Walker told TBIJ that his tax advice was made through a partnership that “paid every due penny of tax” and that he had retired a decade ago. He said HMRC’s £14m penalty was based on a “fictional tax liability” and “randomly chosen multiplier”.

He added: “Every citizen has the right to order their affairs so as to pay the least amount of tax … The evil is accruing a level of taxation which is at a record high since WW2. Not persons who lawfully advise others as to their civil rights and obligations.”

A spokesperson for HMRC said: “We do not comment on identifiable individuals or businesses.”

Original article by Ed Siddons republished from TBIJ under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

Continue Reading‘Screwing it up’: HMRC’s £14m error lets tax avoidance specialist off the hook