Toronto Star

Tax havens are unfair and only benefit global elites

- DANIEL TSAI

When it costs as much as $1,200 an hour to hire a top tax lawyer in Canada for offshore tax planning, tax havens have long been a tool of wealthy elites and corporatio­ns and not normal tax planning for ordinary citizens who clearly can’t afford such fees.

These global elites take advantage of tax havens that, as sovereign countries, can do whatever they want with their taxation laws, including charging little or no taxes, and allowing favourable banking secrecy laws and solicitor client privilege, to hide wealth and income.

Tax havens, given their small size and distant and exotic locales, have little to no local economy of their own, except to handsomely profit off the legal and financial service industries that set up tax avoidance structures. These jurisdicti­ons have no incentive to ensure that extremely wealthy Canadians, or other global elites, pay their fair share of domestic taxes. Several Canadian banks have branches in these locales catering to wealthy expatriate­s.

When the United States and other countries experience­d the economic collapse and the Great Recession that resulted from the subprime mortgage crisis, they were desperate for tax revenues and with the mounting backlash against banks and the top 1 per cent that had caused the subprime crisis in the first place, they finally put pressure on countries with low taxation and banking secrecy laws.

The most important first domino to fall was Switzerlan­d, when the U.S. took the unpreceden­ted step of going after a major Swiss bank, UBS. The U.S. government threatened UBS that it would not be allowed to operate in the U.S. if it did not reveal informatio­n, hidden in Swiss bank accounts, on American citizens concealing wealth and failing to pay their taxes.

What makes the Paradise and Panama Papers important is the transparen­cy in shining a light on the sometimes shady but, in many cases, legal tax practices of these elites. While these practices may be legal, it does not mean they are fair or democratic.

If sunlight is the best disinfecta­nt, then transparen­cy is the best democratiz­er for tax fairness.

Transparen­cy ensures wealthy elites and corporatio­ns pay their fair share of taxes and keep their wealth here instead of sending it elsewhere, so they can no longer pretend to be Canadian first while profiting off the rest of us who work hard and pay our taxes.

Transparen­cy makes it harder for these elites to profit from and take advantage of Canada’s generousne­ss by benefiting from health care, education, safety, security, social benefits and other services, for themselves and their families, while secretly sending their business and money elsewhere.

The way to address the tax imbalance created by these offshore low-tax jurisdicti­ons is to increase transparen­cy so that the many Tax Informatio­n Exchange Agreements are broadened to require countries to set up corporate registries. This way, the public has access to trust and corporate records, including names of the directors and trustees, and any legal or accounting profession­als that set up and maintain the trust and corporatio­n. The use of offshore trusts is a sham when the wealthy beneficiar­ies of these trusts are still controllin­g what happens to these trusts.

Canada is considered a haven for tax avoiders and a favourite repository for dubious sources of wealth because our federal and provincial government­s have allowed corporatio­ns to be set up as anonymous shells with nominal directors.

If sunlight is the best disinfecta­nt, then transparen­cy is the best democratiz­er for tax fairness

The “know your client rules” that are used by banks should be added to these corporate registries so lawyers and corporate registrars are required to ensure the identities of those on corporate registries are true and accurate.

And if they are not, these profession­als or anyone acting as nominal (or “sham”) directors should be held liable for any illegal activities of the corporatio­n. This creates accountabi­lity on the part of intermedia­ries. Transparen­cy needs to be paired with accountabi­lity to be effective.

Canada can use the exposure from the Paradise Papers to finally address tax abuse and go after dubious or criminal activities in these tax havens, but it has to target the banks or profession­als that acted as facilitato­rs, and make increased transparen­cy at home and abroad a mandatory requiremen­t to be successful.

Daniel Tsai is a business lawyer with a masters of laws, where he wrote his thesis on taxation avoidance, and is a part-time professor at Humber College Business School, where he teaches business law and marketing.

 ??  ??

Newspapers in English

Newspapers from Canada