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CAPITALISM'S ACHILLES HEEL Dirty Money and How to

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348 CAPITALISM’S <strong>ACHILLES</strong> <strong>HEEL</strong><br />

Some senior figures have advised me that tax confidentiality has in recent<br />

years become politically inviolable. I hope not. I find far more compelling<br />

the case that capitalism must cultivate <strong>and</strong> maintain public trust.<br />

With published tax accounts, many of the corporate sc<strong>and</strong>als of the past<br />

decade would not have occurred <strong>and</strong> many more would be prevented in future<br />

years. Citizens <strong>and</strong> shareholders have a right <strong>to</strong> know that chartered<br />

public corporations are operating lawfully in all matters, including paying<br />

proper taxes in the home country <strong>and</strong> abroad. Corporations have misused<br />

tax confidentiality <strong>and</strong> in my view should now lose tax confidentiality. Capitalism<br />

will be much better off when its exemplars can be judged on how<br />

law-abiding they are in pursuit of profits. This issue will be around for some<br />

years <strong>to</strong> come.<br />

Concerning both corporations <strong>and</strong> individuals, it’s time for governments<br />

<strong>to</strong> exchange tax information. Earnings on accounts held by foreigners<br />

should be reported <strong>to</strong> home countries. Government-<strong>to</strong>-government sharing<br />

of financial data will go far <strong>to</strong>ward curtailing illegal financial flows. This is<br />

the sort of step that is purely a matter of political will.<br />

MISPRICING AND TRANSFER PRICING<br />

<strong>How</strong> can mispricing in unrelated-party transactions <strong>and</strong> abusive transfer<br />

pricing in related-party transactions be reduced in international trade<br />

without regulating prices? The answer is straightforward. Dem<strong>and</strong> honesty<br />

in pricing.<br />

The first thing that has <strong>to</strong> be done is <strong>to</strong> bring both exports <strong>and</strong> imports<br />

under the same legal regime. Take the United States, for example.<br />

U.S. Cus<strong>to</strong>ms administers laws on imports in<strong>to</strong> the country but does not<br />

administer all laws on exports out of the country. Yes, Cus<strong>to</strong>ms does collect<br />

the Shipper’s Export Declaration, which identifies cargoes <strong>and</strong> states<br />

prices, but Cus<strong>to</strong>ms does not own the data. The Commerce Department<br />

receives the information <strong>and</strong> does virtually nothing with it. Cus<strong>to</strong>ms<br />

wants <strong>to</strong> assure proper pricing on imports in order <strong>to</strong> collect duties, but<br />

Commerce wants <strong>to</strong> ignore proper pricing on exports, which often brings<br />

illegal, tax-evading money out of other countries in<strong>to</strong> U.S. coffers. False<br />

pricing can be significantly diminished when each nation treats imports<br />

<strong>and</strong> exports the same.

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