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There
has been little mistaking the fury of German Chancellor
Angela Merkel. Over the past few weeks, she has been
leading an all-out assault on her tiny neighbor
Liechtenstein.
Its
crime? Not cooperating in Germany’s investigation of
alleged tax evaders.
The
tussle between
Germany
and Liechtenstein is just the overture to a wider battle
between the big European nations and the tiny low-tax
principalities. Next up:
Monaco
and Andorra.
And yet,
the attacks are completely unfair.
Places
such as
Monaco
and Liechtenstein have a right to keep banking secrecy
and shouldn’t be forced to act as tax enforcers for
other countries. Germany should spend more time worrying
about why so much wealth is fleeing its borders—and less
time picking on places a mere fraction of their size.
The row
doesn’t show any sign of going away. It started when
German investigators paid €5 million ($7.6 million) to a
former employee of the Liechtenstein bank LGT Group for
computer disks containing the names of people holding
accounts there. The information has already led to the
resignation of Deutsche Post AG chief executive officer
Klaus Zumwinkel, and more than 190 others have confessed
to tax evasion, according to the German authorities.
German
Finance Minister Peer Steinbrueck plans to lead a wider
European Union crackdown on tax havens. Merkel has
already raised the issue with Monaco’s Prince Albert,
and an attack on his Mediterranean enclave now looks
certain. The anomaly of small, low-tax principalities on
a high-tax continent may finally be coming to an end.
Britons
in
Monaco
You can
see why the tax havens are an irritation for the big
European governments. In a world of increasing mobility
and better communication links, it has become easier for
the wealthy to shift their base to a more tax-friendly
environment. Half the British corporate establishment
seems to be based in Monaco these days. Plenty of
Germans appear to be storing money away in
Liechtenstein.
“Liechtenstein is a clear example of a pirate state,”
said John Christensen, director of the Brussels-based
Tax Justice Network, a research group that promotes
awareness about offshore finance. “When elites remove
themselves from the tax regime, they subvert democratic
processes and undermine respect for the integrity of
laws and institutions.”
That
appears to be what the German and other governments
believe. And yet, Liechtenstein and Monaco have no
obligation to provide a list of foreign investors to
German, French or British tax authorities, as long as
money laundering and terrorism aren’t suspected. Here’s
why such demands are contradictory.
Two
wrongs
First,
how can the German government justify paying Heinrich
Kieber, the former LGT Group employee, for details of
private accounts, and then sell the stolen property
around the world? It doesn’t matter if the disks
revealed tax evasion, which, incidentally, has yet to be
proved. Two wrongs don’t make a right. Presumably the
German,
UK,
French or Swedish governments, which bought the data,
will have no objections if an EU member-state starts
stealing information from their banks.
Next,
while they may not be full-blown nations, these are
sovereign entities. Germany has a right to set whatever
laws it likes for people living in Germany. If it wants
to ban its citizens from holding accounts—or setting up
trusts and foundations—in other countries, it can do so
(and deal with the flight of people and capital). But it
can’t harass other countries into changing their
practices.
If
people invest in low-tax countries or in legal
structures such as foundations, their tax liability is
their business, not the responsibility of the host
nation. For most legitimate investors, low-tax
principalities provide a useful alternative to the
high-tax, big-government consensus that suffocates much
of Europe.
Unfair
competition
Lastly,
it is ludicrous to say that this kind of tax
“competition” is unfair. All competition is unfair.
These are small nations entitled to make their living
any way they want to. It is no more unfair than
Germany’s proficiency at making cars, or the French
aptitude at making wine. Should the Germans shut down
their luxury-car industry because it makes life
difficult for auto workers in the rest of Europe? Of
course not. So why should Liechtenstein close its
financial-services industry?
Naturally, tax havens should make sure they aren’t
harboring assets for criminals or terrorists. And yet,
that is a red herring. Mounir el-Motassadeq, the only
person to stand trial over the September 11 terror
attacks in the United States, operated out of Hamburg,
not Liechtenstein. One of the suspected hijackers used
accounts in
Florida,
not Monaco. In reality, terrorists use everyday banks
because they attract less suspicion.
Maybe
the German government and others paying for stolen
information should spend more time thinking about making
their own countries more attractive for their tax-paying
citizens. |