Bad news for the audit-bashers

Posted by Christie Malry on January 19, 2012 at 9:13 am

If you listen carefully today, you might be able to hear some wailing. That's Ian Fraser, Frannie and Ritchie crying because the naivety of their eagerness to blame the auditors for everything has been exposed.

AUDITORS KPMG and Ernst & Young have been cleared of any responsibility for the accounting black hole discovered at Olympus.

A report by Olympus' lawyers absolved the Japanese firms of blame, but claimed that current and former individual accountants - providing oversight within the business - were responsible for 8.3bn Yen (£70.4m) in damages, reported Reuters.

I called this one some time ago.

This would be a good time for the audit-bashers to admit they got this one wrong, and to be less hasty to blame auditors in the future.

The UK is not a tax haven

Posted by Christie Malry on January 16, 2012 at 8:59 pm

This is Tory tax haven policy – to make the UK a centre for the abuse of global capitalism at cost to the ordinary people of this country who will gain nothing from this move because Aon won’t be contributing hardly a bean for making use of the UK as the centre of its global non-taxation.

Yep, it's you-know-who, in an article he's entitled Tax haven UK is attracting business. And, challenged to explain just why he thinks it appropriate to refer to the UK as a tax haven, he refers us to the Financial Secrecy Index.

Where to start with all this? Well, let's start at the beginning. Firstly, it's clearly apparent that any measure of 'tax haven' that includes the UK must be complete bollocks. Include the UK, and you might as well include very country in the world. The UK has a long tradition of fairness, openness and transparency and any measure that fails to reflect that cannot be worth the paper it's written on.

And it all hinges on the Financial Secrecy Index work, produced by Ritchie's old friends the Tax Justice Network. Although he now claims to have no connection with TJN, they're still his mates, so their work can hardly be classed as independent. The only reference in the link Ritchie provides is to work co-authored by him. But what's the methodology of the FSI? It's the following:

The fifteen indicators used for scoring secrecy are:

Knowledge of Beneficial Ownership

  1. Bank Secrecy: Does banking secrecy have a statutory basis and are banks required to collect and maintain adequate records about their clients
  2. Registration of foundations and trusts: Can foundations and trusts be created and is there a public registry of foundations and trusts?
  3. Recording of company ownership: Are details of the beneficial ownership of companies submitted to and kept updated by a competent authority?

Key Aspects of Corporate Transparency Regulation

  1. Publication of company ownership details: Are details of company beneficial ownership maintained and made publicly available on the internet at reasonable cost?
  2. Availability of company accounts: Does the jurisdiction require company accounts to be submitted to a public authority, and are these accounts made publicly available on the internet at reasonable cost?
  3. Country-by-country reporting: does the jurisdiction require companies listed on the national stock exchange to comply with a country-by-country reporting standard?
Efficiency of Tax and Financial Regulation
  1. Efficiency of tax administration: does the tax administration make use of taxpayer identifiers?
  2. Taking measures to not promote tax evasion: does the jurisdiction apply a tax credit system for receiving interest and dividend income payments?
  3. Fitness for information exchange: are all paying agents (e.g. banks, trust and foundation administers, etc.) required to automatically report payments to non-residents to the tax administration?
  4. Harmful legal vehicles: does the jurisdiction allow the creation of cell companies, and are flee clauses for trusts prohibited by law?
International Standards and Cooperation
  1. Anti money laundering measures: assessed on the basis of compliance with FATF standards
  2. Provisions for automatic information exchange: does the jurisdiction participate in the AIE provisions of the EU’s savings tax directive, or does it offer a withholding tax alternative?
  3. Bilateral treaty provision for information exchange: how many double tax agreements and tax information exchange agreements have been agreed?
  4. International treaty commitments: including the 1988 Council of Europe/OECD Convention; 1988 UN Drug Convention; 1999 UN International Convention for the Suppression of the Financing of Terrorism; 2003 UN Convention Against Transnational Organised Crime; 2005 UN Convention Against Corruption;
  5. International judicial cooperation: FATF recommendations 36, 37, 38, 39 and 40 relating to mutual legal assistance and other forms of cooperation

(I'm sorry, I had to renumber the criteria from the original 1-15)

And we can find elsewhere the report on the UK which gives the scores on the doors.

And that's your howler, right there. He's gone from a scoresheet under which the UK scores an excellent 11/15 "good" answers to a measurement that the UK is 45% tax haven and 55% transparent.  This simply cannot be right. Especially when you consider that one of the UK's "bad" answers is in not having full country-by-country reporting. No country has full country-by-country reporting because the idea is equal parts expensive, bonkers and useless (for why I think this, read this blog post I prepared earlier). Despite the UK's long tradition of the rule of law, compliance in full with global protocols robust tax enforcement, it's deemed to be 45% tax haven.

How the weighting actually works in practice isn't explained in their reports. But it's clearly a total load of nonsense.

What does this all prove? Not a lot, really, other than the extreme danger of believing seductively-printed reports that purport to have an academic justification but which, when you dig beneath the surface, are just a load of hokum. And, when Ritchie and others claim that the UK is a tax haven, you can tell them - with authority - to check their workings.

Elsewhere, Simon Cooke argues that we do really want the UK to be a tax haven.

Ritchie on limited liability

Posted by Christie Malry on January 11, 2012 at 10:48 pm

On the subject of removing limited liability:

We should be much more straightforward in saying that limited liability is a privilege to be used for the benefit of society, and with care, and that if obligations to society are not respect then it should simply be withdrawn with the shareholders and not society at large then having the duty to remedy the defect. When should that happen? Let me suggest the following occasions for a start:

1) When excess pay is allowed, as noted above.

2) When accounts are not filed on time, for any reason.

3) When corporation tax returns are not filed, for any reason. Of course these are not public documents now: they soon would be if this was the case.

4) Three months after any set of accounts is filed showing the company to be insolvent unless action to remedy the defect has been taken in the meantime.

Now, shareholders are generally considered to be absent owners. They've plonked down their money in a company and then they basically let managers get on with it. The system of corporate governance has evolved in order to ensure that managers don't simply run off with the money or spend it all on booze and fast women. 

The idea of limited liability is to encourage investment. When shareholders aren't worried that they may face future capital calls, they'll be prepared to invest more. 

So the idea that shareholders should lose their limited liability because they wanted to pay a superstar director (or other employee) what they think they're worth is totally ludicrous.

The next three are even more idiotic. Shareholders are, as we said, absent. They've delegated the responsibility of running the company to managers. So why should shareholders be penalised if managers screw up by not filing accounts or tax returns or by trading while insolvent? Ritchie's got this totally wrong. Directors are responsible for ensuring a company isn't trading insolvently, and they suffer if they fail in that responsibility. Not shareholders.

And by 'shareholders' we mean ordinary people like you and me, in our pension funds. It's you and me, Ritchie wants to clobber when directors screw up. Doesn't sound so good now, does it?

The Daily Mail and misinformation about VAT

Posted by Christie Malry on January 2, 2012 at 9:45 am

The Coalition government raised the VAT rate to 20 per cent in January. However there is an exemption for food, children’s clothes, tap water, passenger travel, books, newspapers and some other products.

No there isn't. These items are all subject to VAT, but at a rate of 0%. Some other goods and services are classified as 'VAT exempt', which means that VAT isn't charged on them at all.

This might look like meaningless sophistry to some, but it really does matter. Because a business that sells zero-rated goods and services can claim back its input VAT from HMRC. A business that sells exempt goods and services cannot, meaning that it must reclaim the VAT on its input costs via higher prices instead. It's for this reason that Ritchie made an idiot of himself last year when he claimed, wrongly, that banks get a tax break because of their VAT exempt status. They don't, because they suffer VAT on all their inputs.

So what the EU is actually proposing is that various country provisions for differential rates should be removed, which is a totally different proposition. Is it really too much to ask that a national newspaper get this sort of thing right?

Dave Hartnett and business judgement

Posted by Christie Malry on December 10, 2011 at 11:15 am

Today's prime Ritchiebollocks:

Erm, Ritchie,this isn't the way business works. We don't make individual employees liable for the losses of their employer, even in cases where you believe you are able to apportion liability to an individual. That's because it's frankly a totally stupid idea. Are we really to say that we should find the employee who - say - failed to tighten a bolt properly on Deepwater Horizon and send them a bill for tens of billions of dollars?

Equally, we aren't commencing a witch-hunt to identify precisely which miserable sod in the London 2012 organisation can be blamed for the tripling of the Olympic budget. Nor are we singling out a Department of Health civil servant to land them with an invoice for the NHS supercomputer overruns. Instead we establish lines of control and responsibility within organisations in order to reduce the risk that an employee goes off on a frolic on his own. In Hartnett's case, this includes lines of political accountability.

The very idea that we should seek to make individual employees liable for the economic outcomes of their business decisions is an extraordinarily right-wing - one could even say 'neoliberal' - point of view. I simply don't know why Ritchie espouses such a view. Other than, in the case of Hartnett, it fits his political narrative to say it. I don't think for one second he actually believes it.

Quote of the day: More Ritchiebollocks on pensions

Posted by Christie Malry on November 30, 2011 at 9:11 pm

Thanks to Shot_fox for making it happen...

George Brown? o_O

I suppose this means that George Osborne can always shrug off idiotic accusations of class war by claiming that he's just changing tax laws.

Utter Ritchiebollocks on state pensions

Posted by Christie Malry on November 30, 2011 at 9:01 pm

This latest Ritchieism is so false, it's virtually criminal.

Today is a day of national strikes by public sector employees over their pension rights.

The average public sector pensioner gets a pension of £5,600 median.

The average pension of a woman who worked for local authority is £2,600 pa

Basic old age pension is £102 a week or £5,300.

Pension poverty is defined as having less than £178 a week. £9,256 pa.

So in most cases those retiring on only a state pension from the private sector who have paid nothing get almost £4,000 a year in pension credits and other benefits from the state for which they have not paid a penny in contributuion.

But state employees have to pay all their lives for on average something little better.

And you call that a gold plated deal?

How?

The reality is that public sector employees are paying in very many cases for what they could egt anyway without a pension scheme. Those complaining, please note. The subsidy is to the private sector here – paid for by state sector employees.

That’s the reality of what is happening.

All data from http://www.pcs.org.uk/download.cfm?docid=31F34882-8A2E-4BAB-9CF42FA92DFB02CF

Ugh. He's only gone and taken the median public sector pension, which includes all those people who only work for the public sector for a short time, and compared it to pensions credit, which is made available to those who have low incomes in retirement.

Note how he falsely claims that "state employees have to pay all their lives for on average something better". This, children, is what is commonly referred to as a "lie", because a state employee who had paid all their lives into a state pension scheme would have a higher pension in retirement. It's all those people who, for whatever reason, don't stay in the public sector for very long that bring down the median figure.

Using an average which includes short-period workers to make a point about lifetime payments into state pension scheme is complete and utter Ritchiebollocks. Even when this is pointed out to him by one of his own commentators, he refuses to correct it and commits a further howler by using a level annuity rate to price up a public sector inflation-linked pension. Would that be because it makes the cost look cheaper? Fancy that!

And this is the man who claims to be the #1 Economics blogger in the UK. Heaven help us.

Is this Chris Dillow dissing Ritchie?

Posted by Christie Malry on November 28, 2011 at 11:27 pm

He's talking about why right wingers are a bit fick:

If you believe that the best your opponents can do is advocate a Robin Hood tax or claim that tax evasion caused the world economic crisis, then you’ll have no incentive to think hard and well

As we know only too well, wor Ritchie is a big fan of the Robin Hood tax and has also written recently on tax evasion and how very very bad it is.

We also know that Chris Dillow is so nice, he'll deny that he had a particular target in mind. But, what do you think...? 

Richard Murphy making sense

Posted by Christie Malry on November 26, 2011 at 9:38 am

Cruel, I know, but this made me laugh:

It's the most sense he's made in years.

Let's build a big wall

Posted by Christie Malry on November 24, 2011 at 9:15 pm

Otherwise those pesky millionaires will just avoid tax by emigrating once they're rich.

The millionaire who, when his fortune is made, goes to live in the Isle of Man, is a tax dodger.

So we're going to stop people from leaving the country now? This is the United Kingdom, not the Democratic People's Republic of Korea. If someone wants to leave, we let them. If another country wants to admit them, we let them.

While Ritchie says we'll just tax them even if they leave, that only demonstrates his fruitbattery. The point is, we're a free country, and that means our people are free to leave, if they want to.