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Guernsey is abusing the truth

October 13, 2010

By Richard Murphy

Richard Murphy is a founder of the Tax Justice Network and director of Tax Research LLP. An expert on tax policy, he writes a daily blog which provides regular news on his activities and opinions at www.taxresearch.org.uk/Blog/

I noted the following this morning after Guernsey emailed me about it:

Guernsey plans timing for move to automatic exchange of information

Guernsey’s Government has announced that it plans to give financial institutions a window from 1st January 2011 to 1st July 2011 for moving to automatic exchange of information.

The Fiscal and Economic Policy Group carried out a public consultation earlier in the summer and this morning Chief Minister Lyndon Trott told the local Parliament, the States of Guernsey, of the planned transition to automatic exchange of information for the equivalent measurers Guernsey adopts relating to the EU Savings Tax Directive.

His statement outlined the intended timing of a movement to automatic exchange of information following the consideration of the results of the consultation process.

The Chief Minister said: “In light of the views expressed by members of industry and industry bodies, and given the States’ commitment to maintaining the highest standards of tax transparency, the Fiscal and Economic Policy Group recommended to Policy Council that institutions in Guernsey should move to automatic exchange of information from 1st January 2011 and no later than 1st July 2011. This transition period is to provide the maximum flexibility to our industry in making their necessary adjustments to their payment systems.”

And to be candid this is complete and utter misinformation.

All that Guernsey is doing is moving to a standard that the EU made clear would be compulsory in 2005 when the European Union Savings Tax Directive was introduced. It’s just belatedly coming into line.

And far from there being – as you would think from the release – automatic information exchange on all activities in Guernsey from 2011 onwards this is not true. All that will happen is that information on interest paid on bank deposits held in the name of individual account payers within the EU will be subject to exchange of info0rmatyion with the tax authorities of the states in which they are resident.

So we have this comparison ( simplify a little, but only a little):

Type of incomeExchangedNot exchanged
Bank and some other forms of interest:
Individuals, EU resident
Individuals, not EU resident
Companies
Trusts
Dividends
Rents
Many forms of unit trust and investment funds
Profits
Capital gains
Trust distributions
Pensions
Proceeds from most life assurance based products

In other words there is no move at all towards automatic information exchange going on here. There is just belated compliance with the very basic, and now widely acknowledged inadequate requirements of the European Union Savings Tax Directive.

It would be so much easier to take places like Guernsey seriously if they were honest. But it’s a sad fact that there rhetoric is a million miles apart from the reality of what they offer and that as a result they remain an ideal location in which to undertake tax evasion, and more, at cost to society at large, both within and more importantly outside that island.

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Disclaimer: Unless specifically stated to be the views of the Task Force, the opinions expressed on this blog are solely the opinions of the individual blogger and are not necessarily those of the Task Force on Financial Integrity & Economic Development.

  • Simon Gray

    First, there’s a mistake in the chart – individuals (EU resident) should be on the ‘exchanged’ side. Second, ‘Many forms of unit trust and investment funds’ should be in both columns. Third, many countries make the proceeds of life insurance policies free of tax, for the very sound economic reason of encouraging people to make long-term savings and thus reduce the burden of retirees on the state. Fourth, there is as yet no compulsory move to automatic exchange of information, although since the withholding tax on non-declared income is due to rise to 35 per cent next July there is the incentive for individuals to make declarations to their tax authorities voluntarily where this option is available. Fifth, since Guernsey has tax information exchange agreements with many countries, arguably it’s not an ideal location at all in which to undertake tax evasion.

    LIke other offshore jurisdictions, Guernsey long ago decided its future lay in tax-compliant business – with the proviso that it sees is a legitimate role for jurisdictions to offer companies and individuals the opportunity – legally – to avoid being taxed *more than once* on the same capital or income. Do you believe that is wrong?

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