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From: [EMAIL PROTECTED]
Date: Wed, 23 Mar 2005 09:43:22 EST
Subject: Richard Rahn's "The Taxing of Nations" (The National Interest)
To: undisclosed-recipients: ;



The National Interest


Issue Date: Spring 2005, Posted On: 3/17/2005





The Taxing of Nations
by Richard W. Rahn



For the last decade, the high-tax countries of the European continent have
been engaged in an aggressive and largely unknown war against low tax-rate
countries around the world. This is not just a war of rhetoric, but one in
which Continental governments are trying to destroy the economic livelihood
and prospects of many smaller and poorer countries. The war has the goal of
stemming the flow of savings and investment to low-tax entities from the
high-tax countries.

These governments are using two basic strategies. The first is to try to
force low-tax countries to raise their tax rates, particularly on
capital--that is, taxes on individual and corporate income, including taxes
on interest, dividends and capital gains. They argue that low-tax countries
are economic free-riders, enjoying the protections of the welfare state
paid for by higher-tax countries while avoiding taxing their own citizens
at high rates. The second strategy is to make it difficult for savers and
investors to move their capital freely around the world to its best use. To
do so, high-tax countries are attempting to force their capital-friendly
neighbors to report what funds they receive from citizens and companies of
high-tax countries so they can be "properly" taxed--in their home countries.

Economists have long known that taxing capital is economically destructive.
Nobel Prize-winning economist Robert Lucas, after carefully reviewing
relevant economic studies, concluded in 2003 that reducing capital-income
taxation from its current level to zero (using other taxes to support an
unchanged rate of government spending) would result in overall welfare
gains of "perhaps 2 to 4 percent of annual consumption in perpetuity." As a
result of the accumulation of this and other economic evidence of the
destructive effects of taxes on capital, countries around the world have
been reducing their tax rates for the last couple of decades. The tax
revolution started with Prime Minister Thatcher and President Reagan. Now,
a quarter of a century later, some of the most aggressive tax-cutting
states can be found in eastern Europe, where low-rate flat taxes have taken
hold. The best economic performance the world has ever experienced has
occurred during this period, in large part because of the global reduction
in destructive tax rates. But France and Germany, with their high-tax,
statist economic policies, have been trying to stop and reverse the tax
revolution.

Europe is losing the economic race to the United States and Southeast Asia.
Since 1982, the U.S. economy has been growing at a rate about 50 percent
higher than Europe's. The French and Germans, having made great economic
progress in the 1950s, 1960s and 1970s, are now keenly aware that they have
been getting poorer in relation to Americans since the time of Ronald
Reagan. Parts of Europe, most notably Ireland and to a lesser extent
Britain, have pulled ahead of euro-zone countries like Germany, France and
Italy.

Twenty years ago, the Irish were one of the poorest people in Europe. Now
they have a per capita income that is higher than all of the major European
countries. The British, as a result of Margaret Thatcher's economic
reforms, have also done relatively well. In 1980 the per capita income in
Britain was below that of the Germany and France. Now it is higher, making
Britain (on a per capita basis) the wealthiest major European country. The
Irish and the British succeeded by cutting tax rates and deregulating their
economies. The supply-side revolution that changed America, Britain and
Ireland for the better barely breached the shores of the Continent.

It is often said that demographics drive history and, to a considerable
extent, the lower-than-replacement birth rates on the Continent are at the
root of the tax-rate war. Starting in the 1960s, these countries built
welfare states with generous retirement systems. Such systems are barely
sustainable, even with rapidly growing populations. "Defined-benefit"
systems are in essence Ponzi schemes that require the number of new workers
to grow as fast, if not faster, than the retirees, because it is the taxes
of the working population, not any sort of savings, that are used to
finance the payments to retired workers. Europe is plagued with stagnant or
falling populations, which means that the proportion of the elderly is
increasing rapidly.

Many countries are moving to a "defined-contribution" system, much as Chile
did a quarter of a century ago (and as President Bush is now advocating for
the United States). In such a system, workers are required to invest a giv
en percentage of their incomes in relatively safe investments, such as
government bonds or high-grade corporate bonds and stocks. The Europeans
have waited too long, however, to make the necessary changes without going
through considerable pain. They cannot get out of the dilemma by raising
taxes, because their current tax rates are already above the revenue
maximizing point. Hence, any tax increase will further reduce economic
growth. Because present growth is so low, tax increases will actually lead
to less tax revenue over the long run. The European governments are then
left with no alternative but to begin reducing real benefits. But the
public is not yet willing to support politicians who tell them the
unpleasant truth. As a result, reducing benefits is constantly postponed by
the politicians.

Individually, most Europeans understand the reality they are facing. Thus,
we find that Europeans save much of their income. The problem is that
Europeans have few profitable domestic investment alternatives available to
them--given that tax rates on capital income often approach or even exceed
100 percent when an adjustment for inflation is made. (For example, if you
are a French investor who received 4 percent on a capital investment before
taxes, but are subject to a 50-percent-plus tax rate on that investment,
while the inflation rate is 3 percent, the actual after-tax return is
negative 1 percent.)

What do rational people do when faced with confiscatory tax rates on
saving? They cease saving and increase their consumption, or reduce their
incomes by working less, or move their savings out of the country to places
where investment income is better treated. Many Europeans (both individual
citizens and businesses) have chosen the last alternative--moving much of
their capital out of high-tax countries.

In the view of much of the political class in these countries, if they
could somehow force productive capital to remain at home rather than flee,
they would have more money for both domestic investment and funding the
welfare state and pensions. Thus, politicians ignore the inconvenient fact
that if individuals and businesses cannot get acceptable returns on their
savings and investment, they will choose not to save and invest, and
consume all of their income instead.

Following the initial successes of Reagan and Thatcher's tax reforms, the
Continental governments were left in the difficult position of trying to
resist tax cuts as tax-cutting fever swept the globe. Politicians in
individual high-tax countries realized that they were almost powerless to
stop tax competition by themselves. They needed collective action. The
Paris-based Organization for Economic Cooperation and Development (OECD)
seemed to be the ideal vehicle. It had originally been set up by the thirty
major industrial countries to promote economic cooperation and trade and to
collect statistical data. The OECD had a reputation for reliable work, and
it was viewed as non-political. But the French and their allies convinced
the other members of the OECD in May 1996 to utilize the Fiscal Affairs
Committee to "develop measures to counter the distorting effects of harmful
tax competition on investment and financing decisions and the consequences
for national tax bases." In April 1998 the OECD issued a report entitled,
"Harmful Tax Competition: An Emerging Global Issue." In the report, the
OECD argued that it was necessary for collective action to stop "harmful
tax competition." A country was considered engaged in "harmful tax
competition" if it had low or zero income taxes, allowed foreigners
investing in the country to do so at favorable rates, or afforded financial
privacy to investors or citizens.

The OECD identified 41 countries (mostly in the developing world) as having
"harmful tax regimes" and demanded that they either raise taxes and engage
in routine and comprehensive disclosure of individual citizens'
confidential financial information, or be blacklisted. Blacklisted
countries would be punished by a variety of economic and financial
measures, incl uding termination of tax treaties and corresponding banking
relationships.

To reinforce the efforts of the OECD, UN Secretary General Kofi Annan
appointed a panel in December 2000 to look at "Financing for Development."
The panel published its report in 2001. The report called for the
establishment of an International Tax Organization (ITO). This body would
allow every UN member government to have unqualified access to the
financial information of all citizens of UN member states. It would also,
among other things, provide for the taxation of emigrants, prohibit "unfair
tax competition", and tax carbon emissions. Not surprisingly, the proceeds
of the various taxes would go directly to the UN, bypassing national
governments.

Similar steps were taken by the European Union. From the time of the
formation of the EU, a debate had been ongoing about how much information
the members should share about movements of capital between the associated
states. The capital-exporting countries, such as France and Germany,
desired more information in order to tax their citizens on income earned on
capital beyond their borders. Capital-importing countries that had a
tradition of financial privacy, such as Luxembourg and Austria, resisted
information-sharing. In 2000 the EU proposed the European Savings Tax
Directive, which would require countries to automatically exchange
information on the investment earnings of foreign investors. For the
measure to have its desired effect of reducing capital outflow
(particularly non-taxed capital outflow), it was obvious that not only
would the EU members and their off-shore dependencies need to be included,
but also at least the United States, Switzerland, Liechtenstein, Andorra,
Monaco and San Marino. This was clearly not in the cards. But it was agreed
that, at least temporarily, Austria, Belgium and Luxembourg could apply a
withholding tax on savings held by residents of the member states,
eventually rising to a 35 percent withholding rate. The European Savings
Tax Directive has been in an almost constant state of revision since it was
first proposed, and a greatly watered-down version is now supposed to go
into effect in July. This is at least a partial victory for the high-tax
countries.

Meanwhile, there were also attempts to pressure the United States to take
action. In 1984, Congress enacted a portfolio interest exception, which
allowed interest received by non-resident aliens to be exempt from U.S. tax
withholding, with the express goal of attracting foreign tax-flight
capital. This exemption applied to interest on bank deposits and bonds. The
interest earnings did not need to be reported to the U.S. government
because there was no tax liability due on the money. EU member states
lobbied the Clinton Administration to change the regulation to require
tax-information reporting to foreign governments. A few days before the
Clinton Administration left office, the Treasury Department issued a
proposed regulation to require U.S. institutions to report interest income
paid to non-resident aliens. This proposed interest-reporting regulation
has never been implemented, but the Treasury has not withdrawn it.

In 1989 the Financial Action Task Force (FATF) was created at the G-7
summit to combat money laundering and financial crime. The FATF is staffed
by bureaucrats from 31 countries (many of whom appear to have little regard
for the right to financial privacy or protections from self-incrimination).
It has put forth forty recommendations, ostensibly to fight financial
crime. But they are in effect used by high-tax countries to coerce
information-sharing from low-tax countries. Under the threat of
international sanctions, these countries are pressured into abdicating
their sovereign responsibilities to protect their own citizens.

Low-tax countries and their allies have not given up without a fight,
however. In 1998, when the OECD came out with its demands to restrict tax
competition and its proposed sanctions, many smaller low-tax jurisdictions
were left in a state of shock and panic. Several countries and offshore
jurisdictions indicated they would comply, although mostly out of fear of
what would happen if they didn't. Fortunately, the Swiss took the lead in
demanding changes in the proposals. Switzerland is big enough that it could
not immediately be rolled over. The Swiss challenge gave cover to smaller
countries and jurisdictions, so they were able to say they would only
comply if Switzerland and other countries did so.

Meanwhile, a global coalition of public policy organizations concerned with
economic growth and personal liberty formed to argue for tax competition
and financial privacy. These topics became the themes of dozens of
high-level policy conferences, primarily in Europe and the United States.
By the end of 2004, scores of different think tanks located in two dozen
countries had published papers or articles challenging the anti-tax
competition and anti-financial privacy proposals being put forth by the
OECD and its various institutional and national allies. The arguments in
favor of tax competition were picked up and echoed by a number of writers
in the leading papers of the global financial press. There is also
considerable evidence that the papers and studies produced by the think
tanks had a positive impact on policymakers, particularly in the United
States and several central and eastern European countries.

The opponents of the OECD's anti-tax-competition proposals were bolstered
when the Bush Administration took office in January 2001. The president's
chief economic advisors--Larry Lindsey, head of the National Economic
Council, and Glenn Hubbard, chairman of the President's Council of Economic
Advisors--declared that the administration was in favor of tax competition
and would not support the European Savings Tax Directive. Treasury
Secretary Paul O'Neill and his successor, John Snow, later echoed that
commitment.

The OECD was given a scare in the last months of 2004, when it almost lost
its U.S. funding. Opponents of the OECD's anti-tax-competition efforts were
able to get a number of key Senators to support a defunding proposal for
the 2005 budget. It was only through direct lobbying by the State
Department (with the help of the French ambassador) and an intervention by
other Senators that senior officials of the OECD were able to succeed in
obtaining the appropriation.

The high-tax advocates certainly have not won the war, but they have not
necessarily lost it either. They have at their disposal tens of millions of
dollars of taxpayers' money and an army of self-serving bureaucrats in
government ministries. Their opponents, on the other hand, have only a
handful of brave, responsible government officials in Switzerland,
Luxembourg and a number of smaller low-tax entities, as well as a few
courageous business people, some fine scholars, and public policy wonks at
think tanks and universities, all operating with a fraction of the
financial resources of the pro-tax crowd.

Fortunately, the high-tax countries' argument against tax competition is
now widely regarded as intellectually bankrupt. As a result, they are
changing their rhetoric--using words like "distorting tax preferences"--to
appear to have a different agenda. No doubt some politicians and members of
the media will be fooled by this. But time is not on their side. They face
a tax-cutting Bush Administration and a growing understanding of why lower
taxes on capital are desirable across the globe. Most of the new entrants
to the EU see Ireland as a better economic model than Germany or France.
Hence, they are cutting their corporate tax rates and enacting low
flat-rate personal income taxes, despite continued threats from Old Europe.
Indeed, the effort by France and Germany is losing favor with most of the
other EU members. The new president of the European Commission, Jose Manuel
Barroso, attacked the French and Germans in January, saying: "Some member
countries would like to use tax harmonization to raise taxes in other
countries to the high-tax levels in their own countries. We will not accept
that, and member states will not accept it."

One clear loser so far is the OECD. It was once a respected institution,
but it has allowed itself to be captured by high-tax interests who have not
only destroyed much of the OECD's credibility, but have also endangered its
funding. And the UN's ITO effort is not taken seriously, except by a few
utopian globalists. Furthermore, the UN's credibility has been badly
damaged by the Oil for Food scandal and general mismanagement.

Unfortunately, the battle against financial information sharing has not
gone as well as the battle against tax competition. On the positive side,
the opposition of Switzerland, the United States and others derailed the
tough early versions of the European Savings Tax Directive. The current
version, slated to go into effect in mid-2005, will not have much economic
impact--besides enriching the lawyers and accountants who will guide
investors though the inevitable loopholes. But its very existence makes it
easier to expand destructive provisions in the future.

Furthermore, the events of 9/11 have made it more difficult for the
advocates of financial privacy to gain support. In the United States, the
Patriot Act decreased financial privacy protections. Those within the
Treasury and State Departments who had argued for the implementation of the
Internal Revenue Service's interest-reporting regulation were able to use
the War on Terror as an excuse for not withdrawing the proposal.
Ironically, this regulation could make it more likely for sensitive
personal financial information to get into the wrong hands. Given what many
in the U.S. government saw as French duplicity (or even sabotage) in the
run-up to the Iraq War, the Treasury Department displayed a remarkable
amount faith in the French government, declaring, "we can trust the French
with sensitive financial information on U.S. companies and individuals."

For years, those who were demanding more information-sharing for the wars
on drugs, money laundering and tax evasion were making very slow progress,
because civil libertarians around the world fought back. In the post-9/11
world, those fighting for financial privacy are often on the defensive. To
be fair, some governments have made good-faith arguments for greater powers
in tracing financial flows in order to fight terrorism. But terrorism has
also provided the perfect opportunity to expand the scope of cross-border
tax management. High-tax countries realize that if they place issues in the
context of fighting terrorism, they have a winning hand. Though most
Americans favor tax competition, as does the current administration and a
clear majority in Congress, concerns about terrorism will swamp concerns
about the erosion of financial privacy in the near term.

This raises a question: What can pro-growth economic forces do to reverse
these trends? First, they must continue to be aggressive in challenging the
concept of "harmful or unfair tax competition" whenever and wherever it is
advocated, and clearly detail how it reduces economic growth, opportunity
and job creation. Second, they need to do a better job articulating the
dangers of unrestricted information-sharing and excessive financial
regulation to both the pocketbooks and liberties of ordinary people. Third,
efforts must be expanded to teach people why financial privacy is necessary
for a civil society and, in turn, how a civil society is necessary to
maintain a vibrant and growing economy. Finally, multinational institutions
like the OECD that promote anti-economic growth policies should be defunded.

The little-known war for tax competition and financial privacy is likely to
drag on for years. The high-tax forces have lost the intellectual battle,
in that most economists view competition in a good light. Despite the loss
of intellectual respectability, the high taxers keep coming up with new
proposals. French President Jacques Chirac, in an address to the World
Economic Forum in January, called for an "experimental" international tax
to help fund the war against aids. He suggested taxing international
financial transactions, and a tax on aviation and maritime fuel. Such
proposals will face fierce opposition in the United States and elsewhere,
but the high taxers do not appear anywhere near ready to give up.

The reality is that tax competition is continuing, despite the angst of the
French and the Germans. Tax rates around the globe are likely to continue
to fall. But the battle is slowly being lost as the opponents of financial
privacy have been able to use the terrorism issue to further erode privacy
protections. It is not yet clear if the privacy advocates will be able to
acquire the necessary resources to stop this trend, let alone achieve a
reversal. At the moment it looks like we are heading for a world of lower
tax rates, but with less financial privacy.

--- end forwarded text


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R. A. Hettinga <mailto: [EMAIL PROTECTED]>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
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"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'


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