Bringing morality to the markets

Posted by Christie Malry on October 30, 2011 at 9:13 pm

In an interesting, but ultimately flawed, blog post, Colin Talbot says:

Today I heard a Lib Dem MEP say something to the effect of “what are we going to do, stop the markets from doing certain things”? Well, er, yes. We stop ‘the markets’ from trading in human body parts, or in whole humans for that matter. We don’t allow them to freely trade nuclear weapons, or other WMDs. In other words there are all sorts of moral and practical restrictions placed upon the markets, for our own protection.

Markets don't "do" anything. They're merely a place where people interact. And, as ideas go, the idea of the free market is fundamentally unobjectionable. Why shouldn't people be able to buy and sell things to each other without interference? Markets are inherently a good thing.

Now, sometimes the outcome of a free transaction is inconsistent with society's norms. For example, the case of nuclear weapons given above. Although there may be a willing seller of nuclear weapons and a willing buyer of nuclear weapons, we collectively don't want the technology behind these weapons - or indeed the weapons themselves - to spread. So we intervene to forbid such transactions taking place in our free market.

There are a load of other examples . We don't allow buying/selling of slaves, some drugs, sex and children because these (rightly, in my view) offend our moral sensibilities. But that's not the fault of the market. It's just a place where people buy and sell. It has no ethical sense at all. The ethics of a market transaction depend on the buyer, the seller, and society's interpretation of it.

Blaming "the markets" for stuff society doesn't like is an unacceptable cop-out. We should regulate sellers of stuff we don't like, or we should regulate buyers of stuff we don't like. It's not the fault of "the markets". What we consider acceptable or not is, after all, a societal construct.

So, with that in mind, let's turn to Talbot's three suggestions for fixing "the markets":

You should not be able to sell stuff you don’t own.

The whole basis of ‘short-selling’ is you sell something you don’t own now, in order to drive down the price of the things you don’t own so you can later buy them for less than you just sold the things you don’t own for.

I can’t for the life of me see how this generates any value to anybody except allowing the short-sellers to rip everyone else off. Their ‘bet’ that the price will fall is not based on anything ‘real’, like the value of the item, but simply on their ability to manipulate the market. On the contrary, if the thing being sold is something like a companies shares it is doing a lot of damage. What is it good for?

Nope. Totally wrong. There are all sorts of legitimate reasons for short-selling. And, indeed, plenty of businesses sell stuff they don't own. At the risk of reiterating material I already wrote in an earlier blog post, here are some instances of short-selling in business:

  • Just-in-time manufacturing. Efficient manufacturing businesses sell goods they don't own, then manufacture them quickly once they've been ordered. This helps businesses by reducing their need to hold significant quantities of inventory (which might fail to sell, go bad or get stolen).
  • Bespoke printing. I understand that Amazon will print up books for you 'to order'. They don't exist at the time of ordering, but they'll print them, bind them and send them to you.
  • Airlines. Airlines don't actually have "a seat on a flight from London to New York at 8:50am on 23 February 20X2" when you order it. But we don't seem to have a problem with allowing people to buy one.
  • University courses.  Similarly for university courses. Professor Talbot doesn't actually have any of the courses his university is selling. Nor, to the extent that they're examined courses, have any of the exam papers yet been written.
  • Writers. Publishers often provide advances to authors, sometimes before even a single word has been written. What's that, if not short-selling?

In all of these cases, while the seller doesn't actually have what he's selling in his grubby little hands at the point of sale, he does have the capacity to provide it. And, if he fails to provide it, he is liable to breach of contract. That's as true for these cases as it is for short-selling of shares. A short-seller of equities has the capacity to acquire the shares in question. If, for any reason, he fails to do so, he must pay the financial consequences.

If you need an introduction to how short-selling works, and why it's not problematic, you should acquaint yourself with three girls, two cups.

You shouldn’t be able to insure things you don’t own either.

If I were to insure a camera I didn’t own, but actually belonged to my mate, and then he had it stolen whilst on holiday, I don’t know any insurance company that would pay me. Au contraire, I’d probably get a visit from Sgt Plod asking me why I was trying to rip off the insurance company. As with so much else, this doesn’t seem to apply in the topsy-turvy moral universe of finance capital.

Anyone can purchase a CDS, even buyers who do not hold the loan instrument and may have no direct “insurable interest” in the loan. The buyer of the CDS makes a series of payments (the CDS “fee” or “spread”) to the seller and, in exchange, receives a payoff if the loan defaults.”

Again, I fail to see any utility in this transaction for the real world the rest of us inhabit and if I tried to pull this stunt with a car I’d end up in prison.

Well, I have some sympathy with this line of thinking, and I take great solace from the fact that Frances Coppola does too, However, Talbot's reasons fail the basic standard that we set out in the beginning. He's saying that we should ban CDSs because he "fail[s] to see any utility" in them. But there are plenty of other things that he probably can't see any utility in; say the selling of marmite-flavoured chocolate. Should we ban that too?

No, the only reason to ban something is if we can point to the specific way that it offends society. Beyond the fact that it just feels 'iffy', Talbot fails to make the case.

You should pay tax on every transaction that supposedly ‘adds value’.

One of the main reasons for financial systems running amok is the volume of trades – these have spiraled to unprecedented levels. When the rest of us buy and sell things we (mostly) pay VAT on the transaction, which, in case you have forgotten is “value added” tax. So if these financial transaction as ‘value adding’ as their proponents claim, why don’t they have to pay tax on them? When a car component manufacturer sells a car widget to the manufacturer they have to pay a whopping 20% VAT. Why doesn’t this apply to financial ‘products’?

This betrays a fundamental understanding of how value added tax works. VAT is a tax paid by consumers on the value added to a good or service during its manufacture. So the car component manufacturer doesn't pay "a whopping 20% VAT". The VAT, if any, will be paid by the purchaser, not the seller. And, in turn, the seller will account for that input VAT when it sells the final product on to customers. Customers are the end of the chain: they cannot reclaim their input VAT so ultimately they must pay VAT 1.

Businesses do, of course, have a sort of 'value added' tax of their own. It's called corporation tax, and is payable on the taxable profits made by businesses. So our car component manufacturer (presuming they're incorporated) will pay corporation tax on the profit it makes between buying in metal, shaping it into widgets and selling those widgets to other companies.

Contrary to popular belief, financial businesses do pay corporation tax on the sum of all those little profits they make from super-fast transactions. So Talbot's desire to see added value being taxed is already reality.

And, again contrary to popular  belief, financial services businesses don't dodge VAT. The provision of financial services is VAT-exempt, which means financial services businesses cannot recover their input VAT. Their prices therefore effectively include VAT already to allow them to recover it in an economic sense 2.

There may yet be a case for introducing a financial transaction tax. I don't buy it, myself. But inaccurately stating that financial transactions aren't subject to a tax on the value added isn't the way to make the case.

Notes:

  1. Whether they ultimately bear VAT is a much more complex issue and is well beyond the scope of this blog post.
  2. The Mirrlees review suggested that the VAT status of financial services businesses ought to be changed.

I can solve this auditor rotation problem for you, you know...

Posted by Christie Malry on October 24, 2011 at 9:06 pm

So a survey finds that the vast majority of senior finance staff actually do support mandatory auditor rotation after all...

MANDATORY AUDITOR ROTATION is supported by almost nine-in-ten (87%) finance executives, and the group is calling for a shorter rotation period than the European Commission's porposed nine years.

The survey by recruitment specialist Robert Half questioned 200 chief financial officers and finance directors.

Almost half (49%) plumped for a new auditor at least every four years, while 82% called for rotation on a three-yearly basis.

This flies in the face of feedback from the 100 Group, made up of FTSE-leader FDs, who said mandatory rotation and other proposals "show a fundamental misunderstanding" of the issues and are "deeply concerning".

The results indicated large and listed companies are most in favour of mandatory rotation every three years.

I haz solution! If you want to change your auditors, just do it. There's no need to be forced to do something you already want to do and can quite easily do.

Seriously, it makes these finance directors sound utterly pathetic. Like a whiny bunch of smokers who want smoking to be banned everywhere just because they're too weak to give up on their own.

Ironically, if they really do want auditor rotation then there will be no need for the European Union to act on the matter. Because it will just happen.

The credentials of financial journalists

Posted by Christie Malry on October 22, 2011 at 8:39 am

So these people who write advice on the financial pages... how qualified are they to provide you with general financial advice? Well, if Edmund Tirbutt's story is anything to go by, not very...

It felt satisfying to certify myself as a "sophisticated investor" to take advantage of what appeared an opportunity of a lifetime back in October 2005. After writing up a talk about Bulgarian property for a newsletter, my 20 years' experience in the financial services industry assured me it was a suitable home for some of the proceeds of my recent flat sale.

We reasoned that it was well worth chancing our arm with the minimum investment of £21,000 – only 10% of our available capital. It could make a significant difference to us if it lived up to expectations, whereas no investment opportunities regulated by the UK Financial Services Authority (FSA) seemed to offer any real potential.

Nearly six tortuous years later I am not feeling so sophisticated. Barclays Wealth, the current managers and trustees of the fund, has finally stated that it no longer views our selected Arkoutino sub-fund as viable and estimates that its net assets are worth around 8% of the money originally invested. As the winding up process is complex and expensive we could receive back nothing at all.

Not wishing to be unkind, but you'd think that after 20 years writing about investing, Tirbutt would have picked up some of the basic investing rules, such as, uh, "don't put all your eggs in one basket." Or, you know, "if it looks too good to be true, it probably is."

While at the Mail on Sunday, Independent on Sunday and the Daily Telegraph, did none of his 18 awards for excellence cover the importance of proper diversification and careful due diligence? While he's clearly a very talented writer, rookie investment errors like this must call into question whether he's really in command of his chosen subject. Of course, he's in good company here: there are many other financial journalists who appear unable to comprehend even the most basic accounting or tax. 

And this comment is particularly cutting:

Edmund - sorry to hear that. I have successfully operated in Bulgaria since 2005, building up a €40 million portfolio in Sofia for my investors.

I have never heard of:

Jonty Crossick

Ready2invest

R2R Bulgaria Property Fund

Equity Trust

Arkoutino sub-fund

and feel sure I would have come across them if they genuinely existed. Who are their auditors, as maybe the whole thing is a scam? Do they have any assets which can be checked?

Uganda has no need of country by country reporting

Posted by Christie Malry on October 12, 2011 at 10:34 pm

Courtesy of Ritchie, we find on the BBC website:

Uganda’s parliament has voted to suspend all new deals in the oil sector following claims that government ministers took multi-million dollar bribes.

MP Gerald Karuhanga said in parliament on Monday that UK-based Tullow Oil paid bribes to influence decisions.

Ritchie concludes from all of this that:

This is great news! Corruption of this sort has to be tackled: those involved have to be named and oil revenues have to be made accountable, most especially through country-by-country reporting.

Uganda has taken a step in the right direction.

Er, no, that doesn't follow at all. Uganda tells big bad oil companies that if they want to pump all that lovely Ugandan oil then they're going to need to play by Uganda's rules. In order to show them that Uganda is serious, they're all going to have to sit on the naughty step for a while.

We don't need country-by-country reporting to get them to toe the line; countries like Uganda have shown us that they're more than capable of handling corruption on their own. And because they've got the black sticky stuff companies want, companies will have to do as they're told.

Responding to Allister Heath on audit exemption

Posted by Christie Malry on October 6, 2011 at 9:48 pm

Allister Heath, the only business journalist I actively rush to read every morning has had a funny turn this morning: 

CABLE RIGHT FOR ONCE

EVERY little helps. Vince Cable’s business department plans to make 36,000 small companies exempt from having to audit their accounts – a process that currently costs almost £10,000 per year. It will also allow 83,000 subsidiaries to opt out.

While it doesn’t go that far, this is nevertheless one of the few genuine deregulatory measures taken by a government that has otherwise continued to add extra red tape (contrary to what it claims). For once, therefore, Vince Cable deserves to be congratulated. I can hardly believe I have just written this – but I mean it.

Well, he's right that this government, like the last one, has categorically failed to deliver any meaningful improvement in business regulation. But it's unfortunate that he shares with Cable the misguided notion that audit is an unnecessary regulatory burden.

It's important to distinguish two issues here. Firstly it's right that the government should be very careful about what it mandates. So I have no problem with the government reducing the number of companies that are required to have an audit by law. But Cable has gone further. By articulating the cost of audit, he's incorrectly ignoring the benefits that those companies get from their audit. For some of them, the cost will not exceed the benefit. But for others the benefits can be significant. Audit helps give owner-managers a better grip on their business. It may help identify internal control weaknesses that could damage the business, or to find improvements that could boost profitability. Most vitally, an audited set of accounts can help convince lenders that the company is a better credit risk, reducing their borrowing and credit costs.

But, even worse, Cable's rhetoric is unacceptably disparaging of an important business process. As an analogy, imagine for a moment that the government were to decide to do away with the annual MOT for cars. While this would be bad for many garages, they would be outraged if government were to paint the MOT as an unnecessary burden on motorists. Doing so would undermine any hope they might have of selling an annual car health-check to motorists on a voluntary basis. Given the the importance of growth to the government's agenda, it's astonishing that Cable would put the boot into the accountancy sector in the way he has. And even more incredible when you think that his department has responsibility for the sector (through the Financial Reporting Council).

Audit wasn't invented by government. However, the current audit requirements, some of which are felt by politicians to be burdensome, are entirely due to government. They have some serious chutzpah trying to take credit for destroying a market which, were it not for them, would happily offer value-added services to business. Only, thanks to the graceless nature of Cable's withdrawal, that now looks unlikely.

The ACCA don't like Vince's proposals, while the ICAEW are decidedly lukewarm and are asking their members for feedback.

Winner and 7th most influential left-wing thinkers demonstrate their ignorance over business taxation

Posted by Christie Malry on September 29, 2011 at 9:19 pm

Owen and Ritchie fall over themselves in their determination to prove who is the more ignorant about business taxation.

Owen:

Then Ritchie:

And finally Ritchie (remember, "you're wrong" is not debate):

Sean Sullivan has got it right and our chief cheerleaders for the left have got it wrong. Even small changes in taxation can cause phenomenal difficulties for businesses. Here are some illustrations:

  1. On 24 November 2008, the then Chancellor, Alistair Darling, announced that he would be reducing the rate of VAT from 17.5% to 15% with effect from 1 December 2008. He gave businesses one week's notice of this profound change. Many businesses had already printed their 2009 brochures and price lists. Thanks to Darling's change they had to either pulp them or put stickers over every price. Website-based businesses also had to scramble to generate the correct pricing. This generated a phenomenal amount of admin and, thanks to Darling's desire to create political capital out of the increase, business had virtually no time to react to it.
  2. When the corporation tax rate changes, businesses have to do more than just pay tax at the new rate. They also have to revalue their deferred tax balances and fix the reconciliation between the actual and effective tax rate. But that's not all. Typically they'll need to explain to critics (such as Ritchie) why changes in their accounts are legitimate transactions and not just the fruits of tax avoidance. This isn't just a simple change, it's much more complex than that.
  3. Small changes in income tax can also create problems. Businesses have got to get every last change to income tax right, otherwise they'll produce the wrong numbers in their employees' PAYE figures. And that's serious business, because employees typically hate it when they have more tax to pay in one year because their employee reported the wrong figures to the tax office in the previous year. It glosses over the phenomenal amount of work businesses do to ensure that personal income tax paid by employees under Schedule E is right.
  4. And today we have a new example, courtesy of Wales. Wales has decided that retailers must charge a minimum of 5p for single-use carrier bags. But the price is still 5p regardless of the VAT status of the business. So unregistered businesses must charge 5p and VAT-registered businesses charge 4.17p + VAT. But that's not all. "For the purposes of Corporation Tax and Income Tax, receipts from the compulsory charge on single-use carrier bags should be brought into account in calculating trading profits. The Welsh Assembly Government expects the proceeds to be used to fund good causes in Wales and relief may be available where the normal charitable donations/gift aid rules are met." Sure, it's only a 5p charge, but it means profound changes to businesses who, if they get it wrong, will face fines and penalties from HMRC.

We know Ritchie was once the brave entrepreneur that sold Trivial Pursuit in Ireland. And it's obvious that Owen has never had a real job in his life. Neither has any idea of what it means for a business owner to react to the torrent of petty tax changes that has plagued this country over the last 15 years.

Our conceit about speeding drivers

Posted by Christie Malry on January 6, 2011 at 10:26 am

Most people have been horrified at the news of a kindly gentleman, who warned other drivers of a speed trap, being fined in the courts for obstructing the police. Perhaps you have been warned of speed traps in this way before. Maybe you've even helped others.

So imagine some other (made up) scenarios:

A friend of yours works at HMRC. He lends you his USB stick. You find a folder containing a list of names and addresses of suspected tax avoiders that HMRC will be investigating.  Do you ring them up to warn them of the investigation?

Or, perhaps another friend of yours invites you round to his house. He works for the Professional Oversight Board. While he's getting you a drink, you spot a note among his papers outlining the audits of major firms that are due for inspection. Do you take a copy of the list with your mobile and send it to the Big Four?

Now, I may be wrong, but I suspect people would answer emphatically "no" to both. So what is different about speeding drivers that makes us sympathetic to their law breaking compared to tax cheats or bad auditors? 3,000 people die on Britain's roads every year in "accidents", virtually all of which wouldn't happen if drivers followed the Highway Code. Tax avoidance and dodgy auditing, as far as I'm aware, never killed anyone.

Seriously, what's the difference?

Written on my Android mobile phone. Article may be edited later.

Pointless walks to dismal places

Posted by Christie Malry on November 25, 2010 at 10:22 am

Pointless walks to dismal places was the first album by enigmatic Leicester indie drone rockers Prolapse. It's not actually that good, if truth be told, at least compared to their singles or extraordinary live performances, although it has its moments. But, everyone must accept - it's a great title.

And it's how I feel when I survey the depressing array of sorry and pathetic excuses for public accountancy consultations that are out right now. Regulators and government are wasting our precious, precious time with consultations that cover ground that's already been adequately covered elsewhere, ask stupid, leading questions that aren't relevant, and the findings of which will, in any event, be soundly ignored anyway when it comes to the legislative process.

Take the EC Green Paper on audit. This covers a massive range of topics, from the role of audit, International Standards on Auditing, governance and independence of audit firms, audit supervision, market concentration, and smaller and medium sized practices. The Commission saw fit to give people only eight weeks to respond to all this. It's absolutely ridiculous. Eight weeks is barely enough to work out the parameters of the subject, let alone respond. It means many of the responses, if not all, will necessarily be half baked, and subjective, instead of fully considered and evidence-based. And that means the Commission's policy response can't hope to find the right answer; at best it will forge a consensus of popular views. At worst it will use the figleaf of the consultative process to justify what it wanted to do anyway.

And yesterday we get notification that the Treasury Select Committee wants to investigate tax policy principles. This is mere days after the Mirrlees Review findings have been published. OK, so it references the Mirrlees Review work. But it's surely invalid to give this very learned, academically robust, referenced work only the same status as, say, the drivel that we can look forward to Ritchie producing.

This comes back to something I've complained about before: the desperate need to consult properly. There are well established principles on how to consult properly. Some people do (for example, look how gingerly the Accounting Standards Board is treating the future of UK GAAP). But why do so many public bodies treat these principles, and with them - us - with such disrespect?

We deserve better. Every public body, without exception, should follow and honour the principles of good consultation. And in these constrained times, it would be nice if they could refrain from consulting on the same things over and over. We've addressed these issues already. Let's move on.

Written on my Android mobile phone. Article may be edited later.

The public interest

Posted by Christie Malry on November 9, 2010 at 10:23 am

What is the public interest? Perhaps it's one of those concepts, like true love, that you can't quite describe but you reckon you'll know when you see it. Well, never fear, because IFAC, the International Federation of Accountants (which also sets International Standards on Auditing), has written a snappy little paper about the subject.

Sadly, it's not very good. It achieves its brevity by sacrificing any pretence at academic rigour. Incredibly, it contains no external references whatsoever. So, while its three criteria - "consideration of costs and benefits for society as a whole", "adherence to democratic principles and processes", and "respect for cultural and ethical diversity" - seem plausible enough, it just feels underbaked given the weight of previous literature on this subject.

Diversity is a necessary cop-out if IFAC is to avoid irritating its Islamic members. But it does introduce a dangerous relativism to the concept of public interest, which we might imagine to be a more universal notion. It brings to mind the Adam Curtis documentary, The Trap, in which James M. Buchanan denies that there is such a concept, merely the self interest of those in charge. They use the public interest as a reason to justify what they want to do in their own interest.

There is a fatal lack of detail in the document. There's so little, in fact, that it's hard to imagine how it could be developed into a usable framework. Luckily, I have one of my own: my view is that accountants serve the public interest by making complex things simpler to understand and by helping people trust information that might otherwise be unreliable. In my view, that provides a way forward in deciding how IFAC should approach its standard-setting responsibilities.

Written on my Android mobile phone. Article may be edited later.

Unfair, unwanted and unnecessary - the latest pensions betrayal

Posted by Christie Malry on October 26, 2010 at 10:32 am

Perhaps it's a bad idea to get worked up about policy proposals that have only been leaked - in a very tentative and outline form - to the Daily Mail.  But the coalition government's ideas for reforming the state pension are shaping up to be a complete disaster.

Work and Pensions Secretary Iain Duncan Smith and Pensions Minister Steve Webb are suggesting a new ‘single tier’ state pension which would replace all existing payments. If paid at the expected £140 a week, that would mean an income of £7,280 per year or £14,560 for a pensioner couple.

This all sounds good, doesn't it?  Well, no.  It marks the final nail in the coffin of the origin of the modern welfare state - that the benefits you take out are commensurate with those you pay in.  Beveridge's vision was that it was necessary for people to pay in to the system in order to bind them into a contract with the state and to prevent the moral hazard of rewarding those who pay in nothing.  That would end with a state pension based on residency only, with no variable portion related to contributions.

The proposed changes will penalise heavily those who paid additional amounts to the state to buy extra years of national insurance.  It looks like it may completely kill off the State Second Pension (S2P). So all those people who have contributed into S2P (and SERPS before it) may find they get nothing for their many years of contributions.  Could this be the final irony - that those who opted out of SERPS - having been told for many years they were stupid for contracting out of SERPS and should get back in immediately - were right all along?

It's also yet another very unwelcome change to the state pension system, after so many years of tweaks here and tweaks there.  The 1997 pension tax credit change that Gordon Brown brought in was very damaging.  And then the 2006 A Day regulations were supposed to be a wholesale bonfire of pensions law that was supposed to put us in good stead for a generation.  It hasn't even lasted five years.

While government keeps tinkering with long term saving, people won't bother with it.  If they think they're going to get ripped off or trapped in a dead end savings scheme, they'll spend their money elsewhere.  And all the while, people aren't saving enough for their pension.  Spending money is good for the economy now.  But a generation of poor pensioners and their welfare and healthcare bills comprise a very shabby legacy to leave our children.