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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

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