22nd May
2013. Email to journalist Simon Jenkins about cyberspace tax-evasion.
My tax and cyberspace credentials include
30 years of giving tax advice, once specialising in back-duty-cases, and a
forecast in 1999 for Bank Dresdner under the auspices of the EC in which I
predicted that by 2012 some companies would use satellite based “off-planet”
tax-havens (see Slide 9 in attached PDF). Apple etc have gone further, evolved
to a higher ethereal form and vanished into The Cloud – with, they fondly hope
all our money for all time. I am a poacher turned concerned grandfather. Here
are two immediate solutions.
The target for repatriation is not only
the billions in taxes but also the trillions in tax-evasion-capital-flight,
variously calculated as from $18.5 to $32 trillion (80 million jobs for 10
years) off-shore. As your colleague Larry Elliott writes today “Tax
lost offshore ‘could end world poverty’. Capital has gone offshore and is
on-strike.
(A) HMRC, IRS and other agencies could,
under existing national tax
laws, which assume guilt until proven innocent, legally raise protective assessments and penalties,
as they would on you
and me, on all the offshore assets, and prosecute back-duty-cases. I am
professionally certain that critical scrutiny of the
imaginative documents that
siphon off the assets will reveal the deduction transactions are not
tax-relievable in the USA /UK /OECD because they breach one of the 4
requirements: COMMERCIAL, ARMS-LENGTH, NECESSARY, NOT TAX-AVOIDANCE. Such
assessments can legally be reopened back as far as HMRC and IRS want – say, 30
years. Professionally, my next futurist forecast, I also think numbers of
executives and advisors will be prosecuted for making up the dodgy documents and
signing incorrect tax-returns and balance-sheets – false accounting. A few
prison sentences might curb their astonishing
hubris.
ESCAPE FROM CYBERSPACE INTO HYPERSPACE OFF-PLANET TAX-HAVENS |
However – back-duty-tax-cases are like the
Minotaur’s Maze, with monstrous slavering lawyers lurking round every corner. It
could take years of tedium. So go to Plan B:
(B) The CYPRUS solution.
Simply confiscate the offshore assets, raise the protective assessments and wait
for the tax-evaders to prove all taxes have been paid – for the past 30 years.
The intelligence services, whistle-blowers and investigative journalists know
where the assets are buried – and major nations have enough gun-boat power to
repatriate them – using a crude accounts formula to share out the loot – based
on Sales in their tax-regions in each of the past 30 years.
Andrew Smith, my MP, is asking Treasury
Minister, David Gauke “Who in government use tax-havens?” Government is stuffed
full with Big-4 etc tax-planners in influential
offices - with a major stake in claiming their schemes were legal.
I want to see all the money repatriated
and intelligently invested so that my grandchildren will have bright futures. I
am now a grandfather turned gamekeeper.
Do pass this e-note to OECD , US
and UK politicians and government
officers.
With regards
Noel Hodson
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