New Zealand’s tax
system is generally well-regarded. In part that is because of our focus on a
broad base, low rate approach to personal and corporate taxation, and in part it
is because our system is relatively easy to comply with as a consequence.
While businesses
can offset some of their expenses against their tax liabilities, and individuals
can claim rebates for certain types of expenditures (such as charitable
donations) to reduce their tax bills, as is customary tax practice in most
countries, the opportunities for doing so have been reduced considerably over
the last 30 years in a further effort to simplify the system. This has been despite
the constant and continuing pressure on successive governments for tax breaks
to encourage this or other business or community activity.
The concept of
minimising tax labilities is not new. For example, tall, windowless buildings
are common in certain parts of old Dublin as a reminder of the way people in
the 18th century sought to thwart the dreaded Window Tax, and the
infamous Hearth Tax dealt to the fireplaces in many of the stately homes of England
in the same period. Even the greatest tax revolt of all – the Boston Tea Party –
was about minimising tax obligations and ensuring that where they were imposed,
the taxpayers had effective opportunity for redress, hence the slogan, “No
taxation without representation.” Taxing incomes is relatively new – New Zealand’s
first Income Tax Act was passed in 1913, and it was not until after World War
II that income tax became universal in the United States.
However, there
are now clear signs that the comparative simplicity and transparency of the New
Zealand tax system, under which we have basked for so long, may not be the
advantage we once thought it was. Recent events like the global revelations
about the tax paid by certain multinationals who are everywhere when it comes
to their operations, but seemingly nowhere when it comes to their tax liabilities,
and the release of the Panama Papers make it clear that New Zealand’s tax
system with its emphasis on self-assessment, is being used in a way that was
never intended to shelter various forms of international income. For the first
time, we are having to confront the label of “tax haven”, and it is uncomfortable.
Now, the solutions
to these issues are not easy, nor limited to any one country, and it would be
the height of idiocy to believe that New Zealand can simply draw up its
ramparts, and all the problems will go away. In a global environment, with
capital flows occurring in the twinkling of an eye, it is just not that simple,
and any politician who suggests otherwise is simply a liar. Any lasting
solution has to be an international one, which it is why it is important we
continue to work alongside the OECD and like-minded countries to achieve a viable
outcome.
But that is not
to say we are without steps we could take internally now, to complement the
international discussions. We are justifiably proud of our network of Double
Tax Agreements and Tax Information Exchange Agreements built up in the main
since 2005, which give us the opportunity to share and obtain information with
and from a range of countries to reduce opportunities for tax evasion. Maybe we
need to apply the same disclosure principles within the New Zealand tax system,
to give our tax authorities better information about who is investing money
here and why, to ensure that all the relevant local tax laws are complied with
fully. Our self-assessment system has generally worked well as far as local
taxpayers go, but we may be a little naïve in assuming that large, foreign
investors seeking a tax bolt-hole will be just as genuine in playing by our
existing rules.
Tax is essentially
the price we pay to belong to civil society. Implicit is the assumption that we
pay our share, according to our means. In return, the state provides certain
key services from which we all benefit: health, education and welfare services;
public security and national defence, for example. Any perception that some are
not paying their share, or worse, are actively subverting the system to their
advantage, which may have nothing to do with New Zealand, other than we are a
convenient shelter for income, starts to tear at that implicit national
contract.
I still believe
in the basis of our broad base, low rate tax system, with its relatively easy
levels of compliance. Our challenge now is to ensure that in a rapidly changing
set of international circumstances our ability to enforce our tax rules and
ensure compliance; gather all the tax revenue properly due; and, ensure
everyone pays their fair share, is not compromised. The Panama Papers’
disclosures are a sobering and timely wake-up call in that regard.