The
Organisation for Economic Co-operation and Development (OECD), a
Paris-based institution with 29 member nations from the
industrialized world, has launched a project seeking the
elimination of "harmful tax competition."
In a
report titled "Towards Global Tax Co-operation," the OECD calls on
member nations to eliminate "harmful tax practices"--low-tax
policies that attract foreign investment. Moreover, it is
pressuring 41 low-tax nations and territories (called "tax havens")
to dismantle their "harmful tax regimes" and repeal their financial
privacy laws. If they do not, the report recommends that OECD
members exercise financial protectionism against them.
The
OECD proposal is misguided. Globalization is making it harder for
governments to overtax, because it is increasingly easy for
taxpayers to shift their productive activities to lower tax
environments. This is what is known as tax competition.
Unfortunately, not everyone favors this development.
Tax
competition should be celebrated, not persecuted. It forces
politicians to be more responsible, pushing tax rates down and
allowing people to enjoy more of the money they earn. Tax
competition is a particularly good thing for the United States,
drawing savings, investment, and skilled labor into the
economy.
It
should not come as a surprise that government officials do not like
tax competition. They are like the owner of a town's only gas
station, who suddenly has to deal with a bunch of competitors after
years of being able to charge high prices while offering poor
service. The residents of the town are like the world's taxpayers.
Competition between governments makes their lives better.
Tax
competition should be preserved. It is good for taxpayers and good
for the global economy. The policies being advocated in the OECD
report, by contrast, represent:
-
An Attack on Taxpayers. The OECD
report argues that it is detrimental when low-tax countries lure
economic activity away from high-tax countries. To stop this
process, the OECD study seeks to have low-tax countries raise their
taxes. In effect, they want to create a cartel of high-tax nations.
Supporters of this policy have even stated their desire for a
global authority that would have the power to veto tax cuts and
block tax reforms.
-
An Affront to Free Trade and Global
Commerce. The OECD report asks member nations to subject
low-tax regimes to severe and discriminatory financial
protectionism. This heavy-handed attack would impose crippling
restrictions on international capital flows. In effect, the
conditions and restrictions envisioned by the industrialized world
would impose a financial blockade against targeted nations.
-
An Attack on Sovereignty. The
proposed recommendations would interfere with the right of
sovereign nations to determine their own tax policies. High-tax
nations should not be allowed to bully "tax havens" into raising
their tax rates and eliminating financial privacy. Most OECD
nations made the jump from poor, agriculture-dependent economies to
industrial powers during the 1800s when they did not impose income
taxes of any kind. Today, poorer nations are being told they cannot
adopt similar polices.
- An Attack on Privacy. The OECD
proposal seeks to give governments unlimited access to personal
financial information in order to make it easier to tax economic
activity in other countries. Proponents of this approach would
expand the controversial "know-your-customer" regulations so that
other professional service providers would have to join banks in
spying on their customers.
Supporters of the approach recommended in
the OECD report suffer from several misconceptions. Specifically
they do not understand that:
-
A tax cartel is the wrong way to fight
tax evasion. There is a right way and a wrong way to fight tax
evasion. The wrong way is to suspend civil liberties and destroy
financial privacy in an effort to force greater compliance. The
right approach is to cut tax rates and reform the tax system. The
lower the tax rate, the lower the incentive to use either legal or
illegal means to avoid taxes or even to hide money.
-
A system that taxes "worldwide" income
and assets is the wrong way for a country to tax. In large
part, the OECD proposal seeks to eliminate financial privacy and
reduce sovereignty in order to make it easier for some member
nations to tax the "worldwide" income and assets of its citizens. A
territorial system that seeks only to tax economic activity inside
a nation's borders is a much better approach since it is simple to
administer and avoids any conflict between nations.
- Destroying financial privacy is the
wrong way to address money laundering. Most criminal profits
are laundered in OECD nations, not tax havens. To the extent that
some tax havens are a problem, the OECD's proposal would undermine
incentives for them to cooperate, since many poorer regimes would
be forced to seek a new source of funds to replace legitimate
investments driven out by the OECD project.
U.S.
policymakers should reject the OECD initiative. It is a threat to
America's national interests. More important, it will be bad for
U.S. taxpayers, weaken national sovereignty, destroy financial
privacy, hinder technological innovation, lead to protectionism,
and undermine the rule of law.
Daniel
J. Mitchell, Ph.D., is McKenna Senior Fellow in Political
Economy in the Thomas A. Roe Institute for Economic Policy Studies
at The Heritage Foundation.