When Christopher Columbus left in search of the New World, he was looking for routes for developing trade and commerce for Queen Isabella of Spain. A noble motive indeed! But times have changed. When the explorers of the New World leave their shores now, they are often looking for routes to new tax havens. Their motive is to avoid paying taxes. In a world where levying taxes is compared to the plucking of a goose, there is no shortage of demand for tax havens. But before you even think of searching for a tax haven, read on to find out what tax havens are and why you should be careful. (To learn more, see The Pros And Cons Of Offshore Investing.)
The Smoke Screen
Tax havens have been around for quite some time, with some historians even mentioning their existence in the form of isolated islands during the time of the ancient Greeks. The oldest tax havens of our times include Liechtenstein, Switzerland and Panama - each of which is believed to date back to the 1920s. But even after so many years of existence, there is no universal definition of a tax haven. The Organization of Economic Cooperation and Development (OECD) - a Paris-based group of 30 developed countries - uses three key attributes for identifying whether a jurisdiction is a tax haven:
- No or only nominal taxes. First and foremost, tax havens impose no or only nominal taxes. The tax structure varies from country to country but all tax havens offer themselves as a place where non-residents can escape high taxes by putting their assets or businesses in that jurisdiction. Different tax havens are popular for rebates on different kinds of taxes. But this attribute alone is insufficient to identify a tax haven. Many well-regulated countries offer tax incentives for attracting outside investment but are not classified as tax havens. Which leads to the second, and most important, attribute of a tax haven.
- Protection of personal financial information. Tax havens zealously protect personal financial information. Most tax havens have formal law or administrative practices that prevent scrutiny by foreign tax authorities. There is no or minimal sharing of information with foreign tax authorities.
- Lack of transparency. In a tax haven, there is always more than meets the eye. The legislative, legal and administrative machinery of a tax haven are opaque. There are always chances of behind-closed-doors secret rulings or negotiated tax rates that fail the test of transparency.
But that's not all. Apart from the aforesaid three attributes, the United States Government Accountability Office has listed two additional attributes of a tax haven:
- No requirement of substantial local presence. Tax havens typically do not require outside entities to have a substantial local presence. Such a concession could lead to interesting situations. For example, one building in the Cayman Island is said to house supposedly 12,000 U.S.-based corporations. This suggests that you can claim tax benefits by merely hanging your nameplate in a tax haven. There is no need for actually producing goods or services or conducting trade or commerce within the boundaries of the country. For all practical purposes, tax evaders may continue their business in Florida while claiming to be residents of the Bahamas when it comes to paying taxes.
- Self-promotion as an offshore financial centre. In the end, tax havens are all about marketing. They promote themselves as offshore financial centers. Many like to call themselves "international financial centers". Tax havens often promote themselves as places where incorporating a company or opening a bank account takes as much time as it takes to balance your checkbook.
Other than lower taxes and secrecy there are several other socioeconomic factors that make a particular destination a popular tax haven:
- Political and economic stability. Without political and economic stability, no amount of tax inducement can bring outside investors. Switzerland, for example, became famous for its political and economic stability.
- Lack of exchange controls. Putting assets in a country subject to exchange controls could be dangerous for outside investors.
- Treaties. Many tax havens like Mauritius have become popular due to loopholes in multiple tax avoidance treaties signed with different jurisdictions. Some are becoming less popular due to various information-sharing treaties signed with different governments.
- Corporate Laws. Efficient corporate laws make entry and exit for companies easier. There also means lower compliance costs for companies.
- Communication and Transportation. As the experience of Hong Kong and Singapore shows, better communication and transport facilities act as better inducement for outside investors.
- Banking, professional and support service. Destinations like Switzerland and Austria, although not strictly tax havens, are nevertheless popular for offshore banking services and a safe destination for assets.
- Location. Location is always an important factor in the popularity of certain destinations. The Bahamas has been a popular offshore destination for U.S. corporations due to its proximity to Florida.
Some Popular Tax Havens
|Andorra||Located in Western Europe between France and Spain in the PyreneesMountains. No income tax, gift, inheritance or capital transfer tax. Website: http://www.andorra.ad/|
|The Bahamas||Located off southeast cost of Florida. No personal income tax, nor are capitals gains tax or inheritance tax. Website: http://www.bahamas.gov.bs/|
|Belize||Located in Central America on the Caribbean sea between Mexico and Guatemala. No Capital Gains Tax. Website: http://www.belize.gov.bz/|
|Bermuda||Located east of North Carolina in the Atlantic Ocean. No income tax, capital gains tax, capital transfer tax. Website: http://www.gov.bm/|
|British Virgin Islands||Located 60 miles southeast of Puerto Rico in the Carribean. No capital gains tax, capital transfer tax. Famous destination among offshore companies. Website: http://www.loc.gov/|
|Cayman Islands||Located in the western Caribbean just south of Cuba. Famous offshore banking centre. Website: http://www.gov.ky/|
|Channel Islands||Located 40 miles north of France and 110 miles south of UK in the English channel. Non-residents are not taxed on foreign income. Website: http://www.gov.gg/|
|Cook Islands||Located between Samoa to the west and French Polynesia to the east in the south Pacific. Famous for bank confidentiality. Website: http://www.cook-islands.gov.ck/|
|Hong Kong||Located south of mainland China on the south China sea. No taxes on capital tax. Other taxes are also low. Website: http://www.info.gov.hk/|
|The Isle of Man||Located between Ireland and England in the Irish Sea. No corporation tax, capital gains tax, inheritance tax or wealth tax. Website: http://www.gov.im/|
|Mauritius||Located in the Indian Ocean east of Madagascar. A low tax heaven. Website: http://ncb.intnet.mu/govt/house.htm|
|Liechtenstein||Located in western Europe bordered by Switzerland and Austria. Famous for low taxes.|
|Monaco||Located in western Europe on French coast of Mediterranean sea. No personal income tax or capital gains tax.|
|Panama||Located between the North Pacific Ocean and the CarribeanSea. No tax on foreign source income. Website: http://www.presidencia.gob.pa/|
|Switzerland||Located in western Europe. Famous for offshore banking and lower taxes.|
|St Kitts and Nevis||Located west of Antigua in the lesser Antilles of the Caribbean Sea. Up to 15 year tax holiday as an investment incentive. Bank secrecy. Website: http://www.embassy.gov.kn/|
|Information current as of December 2009.|
Tax Haven or Trap?
With mounting pressure from international organizations like OECD and the G-20, tax havens may find it difficult to sustain their carefree existence. Growing numbers of Tax Information Exchange Agreements (TIEAs) and Mutual Legal Assistance Treaties (MLAT) between tax havens and other countries like the U.S. would take away tax havens' competitive advantage.
TIEA makes it compulsory to share tax information between signatories and MLAT requires co-operation in matters of legal enforcements and criminal investigations. To make matters worse, some of the tax havens have had to deal with trouble of their own making. Investors thinking of using tax havens and offshore banking locations should take note of the Liechtenstein banking scandal that shook the world in 2008. This scandal came to light when Germany initiated a series of tax investigations based on bank account information sold by a bank technician. Many citizens of Germany who took advantage of a Liechtenstein-based trust structure for evading tax in Germany found themselves in a noose. The leaked data also puts tax evaders in the U.S., the UK, France and many other countries at risk for tax investigations. (For more, read Reporting A Tax Cheat.)
The existence of tax havens has many effects. At one level, the lower taxes or no taxes in one country put pressure on other countries for keeping their taxes low. This is good for taxpayers in the short term, but the secrecy and opacity associated with some of the tax havens may encourage money laundering or other illegal activities that can harm the world economy in the long term. The crackdown on tax evaders in some countries shows that taxpayers need to tread with caution. There could be a landmine right under your feet.