Here's a short thread with some *stark* numbers, showing just how limited the OECD 'BEPS 2.0' tax reform proposals have become.
The secretariat proposals are at the G20 now, and published next week... so how big a deal would they be?
The numbers relate to the Netherlands, one of the biggest corporate tax havens worldwide, and part of what we've called the 'axis of tax avoidance'.
For context, here are the key parts of our previous analyses. First, a paper with @icrict last year looked at the potential impact of the reform proposals at that stage - how much would they redistribute profits, and revenues, from tax havens? osf.io/preprints/soca…
Answer: tax havens would see relatively little redistribution, with the US and some other OECD countries taking the overwhelming share of any gains, while lower-income countries would see little.
Since then, the OECD proposals have become more complicated; and have been bent further to the will of the US and France, whose bilateral negotiations have overtaken any role for the 'Inclusive' Framework, excluding most of the non-OECD members.
OK, back to the numbers. Our report with @icrict linked above remains the only public analysis of the potential impact of any of the reform proposals. Our data and model is all linked and available; but sadly no one else has done the same, including the OECD itself.
However- since the G20 asked the OECD to require country by country reporting from multinationals since 2015, following the original proposal of @TaxJusticeNet/@RichardJMurphy, we have some public data. Two big bits...
With the US publishing aggregate data on its multinationals, we could do the study linked above, and further work with the new data release this year.
Second, the OECD published partial, aggregate data for 15 countries including the US, which allowed the first global assessment. Over $1 trillion of profit shifted in a year, about half of which we can see directly; and of that, Netherlands is way biggest taxjustice.net/2020/07/08/wat…
So what's the new news? It's this, from @JohanLangerock who has performed the public service of bringing us the Dutch government's own assessment of the impact of the OECD proposals
What's the damage? We can see $95 billion of profit shifted into the Netherlands each year, in the OECD aggregate data, potentially implying twice that in reality. So how much would the reforms cost the country? 50 billion of that? 20 billion? 10?
Nope. The Netherlands might, apparently lose, OR GAIN, something short of 1 (ONE) billion euro in revenues. Which might translate, generously, to a reduction in profit shifting of er a few billion?
At the worldwide level, where profit shifting gives rise to some hundreds of billions in lost revenue each year (300-600, depending on the estimate); the OECD estimate revealed by the Netherlands government suggests a reduction of 47-81 billion.
If delivered, that's better than nothing. You would worry about the distribution - how much of it is captured immediately by the US and a few other OECD members, and what's left for others? And of course these are estimates, not facts, so much could change.
But I'm struck by the uncertainty in the Netherlands numbers. If the estimate is that this country, perhaps the biggest single profit shifting jurisdiction in the world, might either lose a bit or might gain a bit, what does it say about the proposals?
The worry would be this: that the proposals are so unambitious that even the biggest tax havens may not experience much redistribution away; and that the proposals are so complex that they could even gain.
The flipside of this: the proposals would be asking many countries - including all the IF members who are so fed up they're stating publicly that they have had no say on the outcome - to take on complex, resource-intensive rule changes which *might not even raise any revenues*
Reforms are desperately needed, and the spirit of the OECD approach is right. We *must* (1) align profits with the location of real activity, to impede profit shifting; and (2) require minimum tax rates to make shifting unattractive.
But the OECD is not delivering on either.
The OECD is also failing on (3): the need to have a genuinely inclusive process, given that the results will be imposed worldwide. Where does that take us? It's starting to look a lot like the UN, the one body with the legitimacy to hold global negotiations over complex issues
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This is fantastic - really impressive set of questions and issues raised on the international approach to illicit financial flows. There's a lot to say so I'll thread the replies here, bit by bit...
1. Why did the MDGs overlook non-aid finance? This was by design: the MDGs were driven by aid donors, and were largely conceived of as ensuring better alignment of donors and recipient states - setting common goals so aid would deliver more.
Here's Sakiko Fukuda-Parr on this point - whereas by 2015, the aid focus was widely understood as a central flaw in the MDGs, so the aim of the Sustainable Development Goals was to ensure much broader ownership & applying to countries at all income levels researchgate.net/publication/29…
Matt summarises very well the broadly non-ideological objections to what has just been achieved, in confirming corporate tax abuse as part of the illicit financial flows SDG target, so I'll try to thread a response with each of his points
So first, I don't think there really is much of this confusion around. People largely understand these are quite different phenomena; but they also recognise, rightly, that they depend on being hidden, and they do the same kinds of revenue & social damage
This is a point of disagreement. I saw that much of the pushback was *precisely* not to have corporate tax abuse addressed under either 16.4 *or* 17.1, but to keep it out of the SDGs entirely - on the grounds that the OECD had it covered. (Discuss.)
It's not every day that a niche question of statistical definition represents a significant step forward for global policy. But today... is that day!
(Excessively long thread follows)
A little background. Since the Millennium Development Goals overlooked non-aid finance, pressure has been building to recognise the centrality of tax, and for global policy measures against the broad threat posed by 'illicit financial flows'...
Illicit financial flows, or IFF, is an umbrella term for cross-border capital movements covering corporate and individual tax abuse, the laundering of the proceeds of crime, abuses of market regulation, and the theft of state assets, first popularised by @Raymond_Baker
Their discussions can be seen as part of a scattered history extending over decades, centring on attempts to require transparency from multinational companies about their global operations, including path-breaking work by the G77 countries @UNCTAD - unctad.org/en/Publication…
Those decades of work seemed to have ended in failure. UNCTAD had been pushed by OECD countries into focusing on 'investment promotion' rather than national sovereignty and corporate accountability; and the big 4 had seized the accounting standard setting agenda for themselves.
Boom. The US has blown up BEPS 2.0: "unable to agree even on an interim basis changes to global taxation law that would affect leading US digital companies." ft.com/content/1ac262… via @financialtimes
Where does this take us? The process was already in disarray, with the non-OECD members of the Inclusive Framework openly calling out the institution's failure to take meaningful account of their views.
More than that, the OECD had already abandoned - at the behest of the US - most of the original ambition. While still paying lip service to the pledge to go 'beyond the arm's length principle', the secretariat had tried to impose a US-French deal that did little of this at best.
1. Does the corporate group have one or more subsidiaries in one of the top ranking jurisdictions on the Financial Secrecy Index or the Corporate Tax Haven Index?
If yes - bailout may still be possible but only with full transparency via public country by country reporting
2. Has the corporate group participated in any financial scandals or tax scandals such as the LuxLeaks, Cum-ex or been judged to have received illegal state aid?
If yes - it's bye bye bailout. This is a company that has shown its attitude to public funds all too clearly.