Should Australians follow the British lead and boycott tax avoiders?

In the UK the recent boycott of Starbucks by consumers has helped elicit a pledge from the coffee giant to pay £20 million in taxes over the next two years. In Australia, consumers would be appalled to realise how little tax is paid by some of the transnational corporations operating here. Australian…

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Starbucks promised to pay more tax after a consumer boycott: Australians would be appalled at how little tax some transnational companies here pay. AAP

In the UK the recent boycott of Starbucks by consumers has helped elicit a pledge from the coffee giant to pay £20 million in taxes over the next two years. In Australia, consumers would be appalled to realise how little tax is paid by some of the transnational corporations operating here. Australian consumers have the financial clout to moderate corporate behaviour and they should use it.

If Australian consumers were made aware of which corporations were paying little or no tax here, they could choose which firms’ goods and services they should buy. The Australian Tax Office could publish a list of corporations and the tax they pay. The consumers could then make an informed choice about which companies to support. The Australian Tax Office has high standards of privacy and publishing information such as I suggest is not a thing they have done before.

However, if the list were confined to publicly listed companies, I see no problem with privacy. These companies must submit their financial statements to audits and must release them to the public. All the Tax Office would be doing is to take a couple of lines from the financial accounts – that is, the turnover, the profit and the tax paid – and publish.

Transnational corporations have the ability to move profits around the globe at will, and so, make managerial decisions as to where profits will be declared and how much tax will be paid.

I am not suggesting that transnational corporations are engaging in tax evasion. Tax evasion is illegal and involves cheating tax by not declaring income or overstating deductions. Tax avoidance on the other hand is the legal exploitation of tax loopholes in order to minimise tax.

Unsurprisingly, the corporations aim to minimise their taxes. They have a duty to shareholders, after all, to maximise profits. The way companies move profits is by using “transfer pricing”.

Transfer pricing is a way of moving costs and income between companies in a group of companies to ensure that profits get declared in low taxing jurisdictions and little or no profits are declared in high taxing jurisdictions. The transfer pricing industry has been so successful that now, arguably, they are threatening the viability of nations to operate.

The global financial crisis and the problems in Greece are, at least partially arguably, due to corporate tax minimisation. (This is not to ignore the high rates of Greek public spending.) In 2000 the former International Monetary Fund tax policy chief, Vito Tanzi, warned that “the fiscal house of nation states was being undermined by ‘fiscal termites’ busily gnawing at the foundations of the tax systems”.

In the UK, anti-poverty campaigner Richard Murphy who writes the Tax Research UK blog estimates the government is owed £120 billion more than was actually paid. According to the Guardian, this represents the entire UK health budget. The situation in Australia would not be very much different than in the UK. What this means is our governments – under pressure to deliver their promised budget surplus – don’t have the funds they need to provide the services that we expect.

Starbucks agreed to pay more taxes in the UK as a direct response to the bad publicity the consumer boycott was generating. But the fact that Starbucks volunteered to pay more tax is also compelling evidence that taxes are considered merely another expense to manage.

Taxes are not an expense, they are an obligation to the nation that provides the taxpayer with a healthy, educated workforce, roads, ports, power, broadband and all the other infrastructure necessary to support a healthy economy.

The Australian Tax Office is proposing to rewrite the rules which govern transfer pricing. The ATO had lost a couple of high profile court cases in trying to apply the current transfer pricing rules. In response they are trying to strengthen those rules dealing with related parties and find appropriate “arms length prices” for dealings between those related parties.

However, the corporations pay enormous fees to the best tax advisers money can buy in order to legally avoid the rules and I don’t see that any tinkering with the rules will change this.

One way to change the corporate culture of tax minimisation is to threaten the profits. One way to threaten the corporate profits is by informed consumer boycotts. Consumer boycotts have worked in the UK and Australian companies are just as protective of their profits as are companies in the UK.

Even though consumer boycotts can only be applied to companies supplying consumer goods, other companies, such as mining companies, will be impacted by public opprobrium. If companies are named, and the consumer culture finds tax avoidance unacceptable, all companies will be impacted.

When Australian mining companies recently lobbied against the imposition of a mining tax, they garnered widespread popular support for their cause. If the general public believed that those same mining companies were not paying their fair share of company tax, would they have been able to garner the same level of support against another type of tax?

The most important impact of consumer boycotts will be to put corporate Australia on notice that tax minimisation is not acceptable, economically or by society.

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24 Comments sorted by

  1. Geoff Taylor

    Consultant

    The government has now set up a committee to look into this, after denying that their transfer pricing surveillance is leaky.
    In the UK it has been suggested that the big 4 accountancy firms can provide a wealth of detail.
    The latest in the UK reportedly is to have a tax haven company own an expensive UK house and then if you want the house you buy the company but the house doesn't "change hands" in the UK for the purposes of stamp duty, so no stamp duty..

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    1. david henry

      Electrician

      In reply to Geoff Taylor

      Brilliant!

      A $1m house in victoria carries approximately a $50k stamp duty. $50k is enough to pay a fulltime government employee for a year. In my mind's eye I can see that employee stamping his one transfer form for the year...really really really slowly.. No doubt he is overworked, so having a company own the house will prevent his arduous sacrifice.

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  2. Zvyozdochka

    logged in via Twitter

    Well the "looney" Greens have been saying this for at least a decade.

    Depending on who you believe, ~80% of the profits of mining in this country go straight overseas while paying very very very little tax.

    The Liblabs of course are too terrified to tackle it in case the "job creators" get upset.

    When did we become the USA?

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  3. Russell Walton

    Russell Walton is a Friend of The Conversation.

    Retired

    It's just incredible that transnationals are still playing fast and lose with transfer pricing, it was a serious concern when I was at Business School 30 years ago.

    I hope that consumer boycotts embarrass the ATO into developing an efficient tax collection regime, however appropriate tax laws should be legally enforceable and enforced. Tax revenues should not be the result of corporations' attempts to minimise PR damage because of consumer disapproval, under those circumstances tax is still optional for large multi-nationals.

    Perhaps we need a UN tax agency.

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  4. Comment removed by moderator.

  5. John C Smith

    Auditor

    Western countries fighting among themselves for the tax take. When they take money from the poor beggars of the world no one worries. How much Starbucks pay the poor coffee growers?

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    1. Thomas Marshall

      Postgraduate Student

      In reply to John C Smith

      That's another issue entirely, but it doesn't mean that tax avoidance is unimportant or ethical.

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    2. Gary Myers

      logged in via LinkedIn

      In reply to John C Smith

      While coffee growing has geographic restrictions, the same train of thought can be applied to, for example, the car industry or electronics.

      The more you try to tax making components and assembling vehicles, the more likely it is that consumers will buy those with a higher proportion of low-cost / off-shore production.

      And then you end up paying subsidies to keep the industry in the country.

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  6. Adrian Palmer

    Consultant

    Instead of trying to calculate multinational's tax with a micrometer which is what the ATO is forced to do, it would be simpler to take the annual accounts of the internationally market traded entity, calculate the domestic turnover and tax at the corporate rate. The figures are available publicly and through GST collections and since there is an incentive to maximise published results, would avoid the difficulties of wading through pages of complex legislation to calculate an artificial result.

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  7. Dave Smith

    Energy Consultant

    Surely the main reason for boycotting Starbucks is that their coffee is tasteless.

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  8. Thomas Marshall

    Postgraduate Student

    We're already boycotting starbucks because their coffee is awful

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  9. Carol Duncan

    logged in via email @live.com.au

    One of the biggest tax avoiders I'm aware of would be Sanitarium - registered as a religious charity so does not pay taxes

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  10. Russell Walton

    Russell Walton is a Friend of The Conversation.

    Retired

    One thing that can said in favour of tax avoidance is that, ethical or not, it's legal and theoretically transparent, in contrast to the "cash-in-hand" tax-evading black economy. Transnationals are not the only businesses where the amount of tax paid is discretionary.

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  11. Paul Elliott

    IT Consultant

    The reason this sort of tax avoidance is wrong is that these companies can undercut local companies thereby becoming more profitable and probably driving them out of business. This leads to a constant erosion of the company tax base. The calls for the right for lower company tax is a race to the bottom, sure we could have Company tax of 1% but what happens when Ireland(a country that has undermined the European tax base) reduces it to 0.5%. The law needs a thorough tightening if you benefit from the facilities of this country you should pay what the country deems fit.

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    1. Chris Harper

      Engineer

      In reply to Paul Elliott

      @Paul Elliott,

      It doesn't matter whether this sort of tax avoidance is right or wrong at all. When it comes to tax the only thing anyone is under any obligation to consider is whether what they are doing is legal.

      If you don't like whatever it is then change the law, but I cannot see any reason for criticising anyone whose sole failing is to comply with the law as it stands.

      To imply that someone has an obligation to pay more tax than they are legally obliged to pay is absurd.

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    2. Paul Elliott

      IT Consultant

      In reply to Paul Elliott

      @Chris Harper. I think you will find I say that the law should be tightened Chris. Of course I am not saying they should be pay more than legally obliged what I am saying is that the law as it pertains to transfer pricing and tax needs to be looked at so that Company tax revenues can be protected.

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    3. Chris Harper

      Engineer

      In reply to Paul Elliott

      Paul,

      I’m sorry. Possibly I was comparing this whole thing a little too much with what happened to Starbucks in the UK. They have agreed to pay a totally arbitrary amount in tax, over and above their obligations in law, in order to appease their critics. Of course, this abandonment of the rule of law has done nothing to quiet Starbucks critics down, merely emboldened them.

      In all, I am horrified at what has occurred and dread the thought that this unlawful intimidation might be allowed to happen here. That the writer of this article seems to favour it reinforced my concerns.

      That tax can be determined not by the law, but by whether an individual is currently favoured or abused by the mob, is a thing of horror. If the law doesn't protect Starbucks, as it clearly doesn't, then it doesn't protect me either. Or you, for that matter - if you happened to visit the UK.

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  12. Chris Harper

    Engineer

    Sorry, but tax avoidance is nothing bar a pejorative term meaning 'pays no more tax than legally required'.

    In fact, directors of a company have a legally mandated fiduciary duty to the shareholders to do this.

    It was Lord Clyde who summed this up succinctly - "No man in this country is under the smallest obligation, moral or other, so to arrange his legal relations to his business or to his property as to enable the Inland Revenue to put the largest possible shovel into his stores."

    If you want to see more tax paid, then change the law. Don't spit at people for complying with it.

    Don't confuse or equate tax evasion with tax avoidance, as Richard Murphy - quoted in this article - seems to do. The man is not worth listening to.

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    1. Chris Harper

      Engineer

      In reply to Chris Harper

      Felix,

      Of course I read it, and I stand by my response.

      If a company pays tax in line with the will of parliament then no criticism attaches to it. If you want more tax paid then change the law. This boycott stuff is appalling, and the treatment of Starbucks was mob rule.

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  13. Comment removed by moderator.

  14. Claudia Slegers

    Research Fellow- Michael Kirby Centre for Public Health and Human Rights at Monash University

    I think its fairly clear that tax avoidance is important and is unethical.
    I would like to see publicly listed companies named along with the taxes they pay, and having just conducted a study of attitudes to privacy, see that there would be no problems in this context with privacy issues.

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    1. Chris Harper

      Engineer

      In reply to Claudia Slegers

      Claudia,

      You said: "I think its fairly clear that tax avoidance is important and is unethical.”

      Do you make use of loopholes and exemptions, placed there for that purpose, when you are preparing your annual tax return?

      If not, why not? Everyone else does, and that is their purpose. If you do, on what basis do you label anyone else ‘unethical’ for doing the same thing?

      What level of taxation, over and above what is required by law, would render the payment ‘ethical’? Are you prepared to…

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