When is a tax haven not a tax haven?
The US Government is unfairly bracketing co-operative offshore
centres with 'abusive tax havens', says Ed Shorrock, director of
forensic and regulatory services at international law firm Baker
Platt, which has an office in Jersey.
Alarmed at the stance of new US president Barack Obama, who
endorses the Stop Tax Haven Abuse Act (STHAA), Mr Shorrock has
warned that Jersey, along with Guernsey, the Cayman Islands and
others, is being unjustly targeted as the president seeks to deal
with the fact that 'the US Government loses US$100bn a year'
through tax avoidance strategies.
'From Jersey's point of view,' Mr Shorrock added, 'this is
extremely unfair, as it signed a tax information exchange agreement
with the United States as long ago as 2002.'
Mr Shorrock described the 'evidence' on which the US Government's
approach is based as 'worryingly reminiscent of the flimsy and
flawed intelligence that laid the path for the invasion of Iraq.'
He questioned the methodology used and said that assumptions made
'are as arbitrary as those used in drawing up the notorious
blacklist of "offshore secrecy jurisdictions."'
A report by the US Government Accountability Office acknowledged
that there was no agreed definition of a tax haven or an agreed
list of jurisdictions that should be considered tax havens.
'Time will tell,' Mr Shorrock concluded, 'whether this new
offensive will be sidelined by more pressing issues.'