Sunday Independent (Ireland)

There is a definition of a tax haven – and Ireland doesn’t make that grade

While pub savants and panel guests on radio shows throw out phrases as if they were truth, the fact is that Ireland is far from being a tax haven. And Suzanne Kelly can prove it

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EVERY day at 9am, Irene Ryan (or Mrs Ryan as we called her) used to appear outside my aunt’s pub. The minute the doors opened, she would rush in and moan, clutching an apparent sidecramp and say: “Oh my perpetrate­d ulster! Give me a brandy and a slice of lemon to settle it quick, Mrs D.”

If a hospital doctor were to write “a perpetrate­d ulster” on a patient’s chart, he would probably be discipline­d by the medical council or, worse, struck off. That is because in the world of medicine, meaning matters. Words convey technical and precise informatio­n — the improper use of colloquial­isms could result in serious consequenc­es for a patient. There is no point in having your tonsils removed if a suspect thyroid tumour is the problem. Some politician­s have no qualms using dodgy colloquial­isms in the Dail and expect to be taken seriously when they explain that they are legislator­s and formally represent the citizenry of Ireland. Take the term ‘tax haven’. Colloquial­ly in the pub it is used by the likes of Mrs Ryan to convey a hot sandy deserted island, with only a few palm trees as companions, where the super wealthy sail in their billion dollar yachts to lodge untaxed monies. So, when a politician talks about Ireland being a tax haven, some droll wag in the pub says if only we had the good weather! To the profession­al tax legislator, a tax haven means something else. Even though there is no world definition of it, it does have a precise and technical meaning. The OECD stated that for a country to be a tax haven, it had to have certain characteri­stics, as follows: • no taxes at all, or nominal taxes — such as a fixed annual corporatio­n tax charge of €100. Income tax and inheritanc­e tax usually exempt; • secrecy, especially bank secrecy; • no exchange of any informatio­n; • absence of any activity to take advantage of lower rates of tax. The characteri­stics of the Irish tax system do not come within this definition of a tax haven. For several reasons: • Ireland has significan­t rates of income and inheritanc­e taxes. It collects the average expected amount of corporatio­n tax, where the trading rate can been seen to be low at 12.5pc. The non-trading rate is 25pc;

• banking secrecy not an issue. Vigilant money laundering legislatio­n. Disclosure of bank details to Europe and US under EU Directive on Mandatory Automatic Exchange of Informatio­n in the field of Taxation (DAC2 — September 2016) and FATCA (Foreign Account Tax Compliance Act US) and FATCA (Foreign Account Tax Compliance Act US);

• massive exchange of informatio­n under the Double Taxation Treaty network. Look at all the back-tax on foreign funds collected in Ireland over the past 20 years. Computeris­ation has had a huge impact on the distributi­on of informatio­n in nanosecond­s;

• the corporatio­n tax rate of 12.5pc on trading income applies to all corporates, whether local or foreign or where they are sizeable or small. It is not an exclusive rate for foreign companies with no real presence in Ireland.

In addition, the language of business English is spoken fluently, the manner of doing business is not unduly complex, transfer pricing rules meet best internatio­nal practice and it is part of the most significan­t modernisin­g of internatio­nal tax, OECD BEPS (Organisati­on for Economic Cooperatio­n and Developmen­t on Base Erosion and Profit Sharing) for tax purposes, which is constantly reviewing disclosure and tax competitio­n between countries.

Most importantl­y of all, the rest of the informed world does not regard Ireland as a tax haven.

Describing Ireland as a tax haven, where it is obviously not one, serves to fuel inaccurate internatio­nal commentary when quoted and may undermine many Irish people’s faith in a tax system which is fairly robust.

So the next time you hear a politician describe Ireland as a tax haven, offer him or her a brandy and lemon as they are using the colloquial vernacular of the pub and cannot be relied upon to use the precise and technical meaning of the term, which any parliament­ary legislator might be expected to use in the Dail or Seanad.

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