Read The Times Australia

Daily Bulletin

If you want to crack down on tax avoidance, go after the banks

  • Written by: The Conversation Contributor

Tax is back in the news with the release of information of the taxes paid (or rather not paid) by some of the biggest companies operating in Australia.

After much hand wringing (and a break for Christmas) politicians will return in the New Year to attempt to get back some of the lost tax revenue, which, even though the country does not have a revenue problem, would nevertheless be very useful in treating a deficit that is galloping away faster than Makybe Diva.

When the United States wanted to catch its citizens who were, shall we say, less than totally transparent about their tax affairs, they hit a brick wall until they realised that the best way to catch the ne’er-do-wells was to cut off the flow of funds. They went after the banks.

The Feds and other prosecutors have in the last few years hit a number of large European banks with humongous fines for aiding and abetting tax avoiders through banks in Switzerland and Luxembourg: Credit Suisse (US$2.8 billion); UBS (US$1.1 billion), HSBC (US$58 million) and Deutsche (US$42 million).

Apparently the Australian Tax Office (ATO) has also been interested in local celebrities holding money in Switzerland, but no prosecutions appear to be on the horizon.

And it’s not only tax that has caused authorities to fine the banks behind “inappropriate” movements of money: Standard Chartered (US$460 million); ING (US$840 million); BNP Paribas (a monstrous US$12 billion); HSBC, again (US$2.6 billion), Barclays (US$400 million), Barclays again (US$147 million) and lots of minnows. In total, more than A$30 billion in fines for aiding and abetting tax evasion and money laundering have been handed out by authorities around the world.

And it works. Large banks have been crawling over one another to leave the sinking ship that is Swiss banking, to evade future fines.

Closing down tax avoidance is not easy as the benefits are so huge it pays corporations to hire very expensive tax consultants to stay one step ahead of the good guys, who happen to be slowed down by niceties such as parliamentary oversight.

The tools for tracking possible tax abuse are available. Just this week the head of Austrac, which collects data on all financial payments made in Australia, revealed the agency had increased its tracking of terrorist payments. Mr Jevtovic said the agency can now create “financial DNA” profiles of people that may be sending money overseas potentially to support terrorism. He pointed out that the banks were at the forefront of detecting and stopping such dangerous activities.

Earlier this year the new ambassador to the United States, Joe Hockey, announced the creation of a new Serious Financial Crime Taskforce (SFCT) to crack down on white collar crime. The new task force includes the ATO, Australian Federal Police, ASIC, Commonwealth Director of Public Prosecutions and AUSTRAC.

With its skill in tracking financial transactions, Austrac and the ATO should be able to get together to follow the money trail and Australian banks would then be able to detect and (if the government was serious) stem the flow of dodgy money being sent abroad.

Of course, the smarter operators no longer use filthy lucre but instead employ modern financial devices such as Interest Rate Swaps (IRS) and Total Return Swaps (TRS) to evade tax.

But who creates these swaps transactions? It’s the largest banks. They are on the other side, or in the middle, of all such transactions. And from 2016, banks will, courtesy of ASIC, be required to report all such transactions so that they can be tracked. Hopefully, Austrac will already be planning to incorporate this new data into its “DNA” for analysis.

So a little bit of extra due diligence in politely asking whether a particular swap might end up being part of an attempt to avoid tax would put both the buyer of the swap and importantly the bank in the position of being responsible if the swap later turns out to be for nefarious purposes. The banks then could be in line for hefty fines, causing them to turn off that particular tap and use swaps for business purposes rather than financial shenanigans.

The banks themselves have experience in being fined for financial jiggerypokery in attempting to reduce taxes so they should be able to put in place the barriers to others doing it.

Roll on 2016, it really will be the most exciting year for tax avoidance.

Authors: The Conversation Contributor

Read more http://theconversation.com/if-you-want-to-crack-down-on-tax-avoidance-go-after-the-banks-52489

Business News

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Businesses Are Choosing Virtual Reception Services

In today’s fast-paced digital world, businesses are constantly evolving to meet the needs of their...

Why Concrete Pools Offer Endless Design Possibilities

Imagine stepping into your backyard and being greeted by a stunning pool that reflects your person...

How Legal Advice Can Help with Driving Offences

Driving is a part of everyday life for many people. It allows us the freedom to travel, commute, a...

How Experienced Lawyers Support Criminal Defence

Facing criminal charges can be one of the most daunting experiences in a person's life. The stakes...

How media and Digital Marketing agencies Help Brands Stand Out

In today’s hyper-connected world, standing out is more challenging than ever. Brands are competing...

How to Choose the Perfect Honeymoon Destination

Your wedding day is just the beginning of an incredible journey together. After saying "I do," it’...

Walking Shoes vs Running Shoes: Which Are Better for Daily Walking?

Running shoes have become the default athletic footwear for a lot of people who rarely run. That ...

What Happens to Your Rubbish After It Leaves the Kerb

Most of us don’t think much about rubbish once the bin lid closes. The truck arrives, the bins are e...

Thermoplastic vs. Paint: The True Long-Term Cost Comparison

Line marking looks like a simple line item on a school maintenance budget, until the true cost of ...