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ADVOCACY<br />
KPMG<br />
The global<br />
state of tax<br />
It is in the court of<br />
public opinion that<br />
solutions have to<br />
be negotiated<br />
While the global markets may<br />
have slowly recovered from the<br />
financial crisis of 2008, there<br />
are many lingering reminders<br />
of its impact across politics,<br />
policy and business. Tax, together with the role of<br />
Multinational Corporations (MNCs), has often been<br />
in the firing line. Most recently, the Panama Papers<br />
emphasised public cynicism and hostility towards<br />
big business, while the Brexit decision – at least for<br />
some commentators – was as much about society’s<br />
rejection of so-called establishment “elites”, as it<br />
was about whether or not the UK should remain in<br />
the European Union.<br />
As public trust remains fragile, MNCs continue<br />
to operate in a volatile stakeholder environment,<br />
characterised by uncertainty and a significant<br />
disconnect between economic and<br />
political institutions and the societies in<br />
which they function. Tax is frequently the<br />
prism in which the relationship between<br />
big business and society is viewed.<br />
Tax matters<br />
Tax, at its most fundamental level, is the<br />
entry fee we pay for a civilized society.<br />
Trust between all stakeholders and<br />
players in this social contract is based<br />
on the foundation of responsible tax.<br />
Responsible tax behaviour should<br />
therefore be an integral part of governments and of all<br />
socially responsible businesses that seek to earn and<br />
maintain society’s trust and citizens’ respect.<br />
Advances in globalisation, financialisation,<br />
and digitalisation, however, have created unstable<br />
conditions: where money flows freely across borders<br />
and legislation struggles to keep pace, it can result<br />
in mismatches and legal anomalies (sometimes<br />
characterized as "loopholes") that are complex to the<br />
point of opacity. At the same time, similar advances<br />
facilitating the free flow of information have made<br />
public suspicion and scrutiny all the more intense:<br />
citizens and society have the tools to hold businesses<br />
to account – sometimes aggressively so. Businesses<br />
can no longer expect to impose or receive public<br />
support just by stating that what they do is within the<br />
strict letter of the law – they must also consider the<br />
context in which we all live and operate. Tax remains<br />
a legal duty but, in the court of public opinion, it<br />
also has a clear moral or ethical dimension. It is in<br />
the court of public opinion that solutions have to be<br />
negotiated, not imposed.<br />
This question or challenge of tax responsibility,<br />
which is always subjective, makes policy and<br />
decision-making more complex still. While KPMG<br />
in the UK has publically available Tax Principles<br />
in place to help guide [its ]tax professionals, KPMG<br />
can neither impose nor lay claim to any easy<br />
solutions – it has discovered in a two-year project<br />
on Responsible Tax, in the UK.<br />
Responsible tax – learning from the UK<br />
Acknowledging and embracing the complexity<br />
of the situation, were the first steps in bringing<br />
to life the Responsible Tax for the Common Good<br />
project. Launched in 2014, the project now involves<br />
a stakeholder community of more than 700 –<br />
including 100-plus active members – drawn from<br />
corporations, advisory firms, government, regulators,<br />
NGOs and civil society. Importantly, a number of<br />
these are harsh critics of the status quo and of the<br />
corporations and their advisors that some see as the<br />
source of the problem, not the solution. In the spirit<br />
of radical transparency, KPMG has opened up the tax<br />
subject for discussion, and encouraged constructive<br />
dialogue between multiple stakeholders to determine<br />
responsible ways forward. Dissenting voices have<br />
been especially welcome. Greater trustworthiness<br />
between the various parties has been built through<br />
this demonstration of reciprocal vulnerability.<br />
The UK Responsible Tax movement continues<br />
to attract new voices, and – among many initiatives<br />
– recently led to the creation of the first All Party<br />
Parliamentary Group (APPG) on Responsible Tax in