Now arch Jersey critic raises the spectre of capital gains

Thursday 29th September 2011, 2:57PM BST.

Richard Murphy

EUROPE could force Jersey to introduce a capital gains tax, one of the UK’s foremost critics of tax avoidance has warned.

The introduction of such a tax, which could mean Islanders would have to pay tax on the sale of property and businesses, could be the ‘sting in the tail’ of Europe’s ruling on zero-ten, says Richard Murphy, of the Tax Justice Network.

He said that a source within Europe had told him that tax officials were still not happy with changes Jersey had made to the its zero-ten company tax policy.

However, Treasury Minister Philip Ozouf dismissed the claims as nonsense. He said that Mr Murphy would not stop attacking Jersey until it was fully integrated into the UK and that he had been proved wrong many times in the past.


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  1. 1
    blood,sweat & tears

    For those of us who have worked hard and gone without to own a property we can call our home, the lack of Capital Gains Tax is one of the few remaining benefits available to middle income Jersey. With the cost of houses over here and the fact that teenagers are living longer with parents as they can’t afford their own home, it would be a travesty to introduce this to Jersey.

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  2. 2
    Mike

    There will come a time when we’ll just have to tell these meddling fools where they can go!
    We are not a part of the EU and, while I fully understand the need for us to make concessions here and there to keep everyone happy, they must realise that there’s only so much we’ll be prepared to limit our competitiveness.

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  3. 3
    Mondieu

    Simply not going to happen.

    Furthermore, capital gains is a tax levied on the gain on disposal of a capital- not a sales tax as the article would have you believe.

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  4. 4
    Sam

    I think the words “Arch Jersey critic” in the headline is inappropriate, misleading and designed to put an image in the readers head before reading the article.

    Richard Murphy is not a critic of Jersey, he is a critic of offshore finance centers. Making that crucial mistake in the title is an obvious attempt to get people into a defensive frame of mind before reading the article.

    What Murphy is suggesting is something that may or may not be right, but is certainly worth debating and Ozouf and Co. have constantly refused to even talk to Murphy to hear his argument, instead going straight to the media to condemn him even when they haven’t a clue what he says.

    Murphy strongly believes that Jersey, as an autonomous jurisdiction, is capable of having a totally moral tax system and could provide tax based services to global businesses and that there is a great market for that. So Ozouf has it completely wrong when he says Murphy wants Jersey incorporated into the EU.

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  5. 5
    Mark

    Treasury Minister Philip Ozouf dismissed the claims as nonsense.

    Sorry Philip Ozouf that is no argument, even if you have failed to acknowledge your own failings you too have been proved wrong many times.

    Regardless of what Mr Murphy thinks, I think that you will find that many Jersey residents are unhappy with your tax rises, tax rises required to fund tax avoiders. In that respect I wish you would stop attacking my pocked to the benefit of the ‘super rich’.

    Roll on the election. In the meantime less Ozouf spin please.

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  6. 6
    Overpopulated

    1. Even in the heavily taxed UK your home you live in is CGT free. If you are fortunate enough to own holiday homes etc you have to pay CGT on them.

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  7. 7
    Judge Jeffries

    One really does have to question the mentality of people like Richard Murphy who seemingly draw perverse pleasure from their unswerving crusade to bring our Island into disrepute and heap chaos on those of us who are simply trying to makes ends meet in these straitened times. Those that advocate that his strategy of throwing as much mud as possible and seeing how much sticks should reflect on the fact that such anti Jersey rhetoric is a slap in the face to the entire local community in as much as it threatens all our livelihoods. I would suggest that his quest is better suited to the multitude of overtly heinous jurisdictions elsewhere in the world.

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  8. 8
    Pip Clement

    “For those of us who have worked hard and gone without to own a property we can call our home, the lack of Capital Gains Tax is one of the few remaining benefits available to middle income Jersey.”

    Capital Gains Tax probably would not apply to a domestic residence. It would be payable on capital gains made on development or investment property and shares owned by residents.

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  9. 9
    Pip Clement

    Phillip Ozouf;

    1) GST is not inflationary.

    All sales taxes are inflationary as they raise prices, not many economists would argue with that.

    2) I will not raise GST

    We all knew tax of one sort or another would have to go up to meet the deficit and as the rate of income tax and the nonimposition of capital gains tax are sacred GST was all that was left.

    Really you are either a daftie or a serial teller of porkies! :-)

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  10. 10
    small money

    i did hear this morning that the isle of man was going to the polls , today (thursday), one of the election things was independance . as they are , not part of the uk and eu. i did hear this on radio four early morning .
    i have no wish to be intergrated into the uk,
    if i had to be intergrated into some thing i would like to be intergrated into france , after all it is the jerseymans “mainland” clearly seen from st caths.
    not some 140 miles to the north obscured by fog.

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  11. 11
    Pete

    I am weary of Richard Murphy and his perpetual doomsday approach to our finance industry. Its actually surprising people keep on giving him time when he has been proven wrong so many times to date.

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  12. 12
    Propaganda

    In the last few years I have witnessed (and the evidence is available online) to prove Murphy has been right many more times than Ozouf, Le Sueuer et al.

    Murphy even had the honesty to apologies on his blog recently for being wrong for once.

    He successfully predicted the balack hole would be way bigger than Le Sueur said many years ago. He aslo successfully predicted Zero Ten would fail on it’s deemed distribution element.

    On both these occassions we were surrounded by clowns with fingers in their ears telling us he’s wrong.

    Sadly Mr Ozouf you can spin as much as you like but I prefer facts and when analysed Murphy is 2 sets ahead of you in the right or wrong stakes.

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  13. 13
    Frank Le Dessgustid

    If you don’t think Ozouf and Maclean don’t pander to ‘tax aeviders’ just ask a friendly politician to ask the question , as Ben Shenton did 18 months ago,’How many companies owned by 1,1 ks received grants from the 2011 Rural Development Initiative’. You may well be shocked.

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  14. 14
    Dave

    No 9. re your point 1.

    I think a lot of economists would argue that although they cause an initial blip, sales taxes are deflationary because they take purchasing power from the economy.

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  15. 15
    Pip Clement

    “On both these occasions we were surrounded by clowns with fingers in their ears telling us he is wrong.”

    Clowns to the left of me, jokers to the right, stuck in the middle with the do nothings! :-(

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  16. 16
    Fab

    I think capital gains tax in Jersey is long overdue. I agree with the pro Murphy comments on this thread.

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  17. 17
    Vicki

    Here you go a bit of an insight we are already suffering the consequences

    http://www.bbc.co.uk/news/uk-15120522

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  18. 18
    Vicki

    Mike you are correct we are not part of the EU so why do we get so many immigrant workers here? Bergerac was bang on about this Island the part he forgot to mention was WORk PERMITS

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  19. 19
    Grateful Fool

    I agree there should be CGT in Jersey, but only on certain assets. Like the UK, the main domestic residence should not be included.

    It should include any car with a sale value over £20,000, 2nd/holiday homes, pleasure boats, stocks and shares for example.

    Make the benchmark £20,000 before CGT kicks in through any financial year.

    The average person wil thereore not be affected and some money will be clawed back from the more well off.

    My only reservation would be if it would actually be cost affective in setting up a CGT gathering unit against the revenue that may wee be received.

    That is my foolish thoughts on this subject.

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  20. 20
    Mark

    Grateful Fool (19) I agree there should be CGT in Jersey

    How about 20 means 20 for all?

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  21. 21
    Mark

    Dave (14) sales taxes are deflationary because they take purchasing power from the economy.

    An interesting philosophical point Dave, but I am not sure you are right. People will continue to spend even if prices go up, it is just they get less for their money. Sales taxes will only be deflationary if people stop spending.

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  22. 22
    Pip Clement

    I suspect that sales tax is inflationary in the year that it is introduced or raised and then broadly neutral afterwards as it is shifting money from the private to the public pocket.
    The only time a sales tax is deflationary is if the rate is decreased or the government invests the proceeds overseas as it is runnning a surplus.
    As incomes have on the whole failed to keep up with price rises and the imposition of GST the broad effect has beeen stagflationary. Prices are rising but incomes are static or in the case of people who had substantial savings a lot smaller.
    That explains the poorly property market, sickly retail sales and the dearth of shiny new motors on the roads compared with more normal times.

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  23. 23
    The Jersey Bull

    Jersey had absolutely no obligations under international law to adhere to the European code on corporate taxation. Most of the nation states within the union had little intention of ever following this code, which was solely designed to in Brussels to kill outside competition and force us into the EU’s bureaucratic pigpen via the back door.

    People like Richard Murphy and Ted Vibert, along with those supporting Attac and the TJN, are no more than Traitors. I say Traitors because they have been hell bent upon using the politics of envy and the tired ‘fairness’ argument to undermine our Sovereignty, independence and common law freedoms.

    Worse, the efforts of these people have and are continuing to help impose the worst form of outside collective totalitarian government upon us, namely the New World Order via progressive policies born in the corrupt bowels of the UN (e.g. Agenda21, Codex Allimetarius and many such programs)

    By giving in to these illegitimate EU demands, some of our weak inbred politicians have unwittingly joined out of fear with the above mentioned traitors to weaken our economy and cause unnecessary financial damage to the people of this Island – especially upon those who can least afford it.

    When challenged and asked to account, all these traitor puppets are able to do is hide their progressive common cause agendas behind a false façade of ‘fairness’, relying solely upon the tyranny of group think to enforce their program of moral diversity brainwashing – which means they have nothing to say.

    As for the carpet bagging Richard Murphy, if he doesn’t like the ways in which we choose to guard our freedoms and independent in running our Island’s governmental financial affairs – then, I say, go back to the socialist slag-heap you came from Mister, where you can sell your own people down the river into the EU Dictatorship you love so much. In other words, go crap on your own doorstep – not on ours!

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  24. 24
    red squirrel

    I think the REAL problem facing Jersey is that Tax avoidance is now on the radar of governments throughout the developed World especially the EU and the USA, companies and high worth individuals are going to be expected to pay their fair share,as Finance is the only trick this Island can perform it leaves us overexposed to any future legal actions by these jurisdictions.

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  25. 25
    Bunny

    Was Mr Murphy dropped on his head by a Jersey Nanny, turned down for a job in the Island or is he just a rather unpleasant man? I would love to know why he insists on ‘having a go’ at us all the time. Perhaps we could enact a unlilateral tax regime on Mr Murphy along the lines he suggest? We can tax him on his global income, and also charge capital gains on everything he does…..

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  26. 26
    Sage

    23 – Jersey Bull – Nice one. Couldn’t have put it better myself.

    Murphy’s a real “player” so I strongly suspect the real aim of this latest salvo is (at election time, don’t forget) to stir up some local politics of envy debate around the imposition of CGT (see 19 above).

    Sam at 4 – you are so, so wrong: “a great market for that”. Really? Give us one workable example…

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  27. 27
    Just

    “…or is he just a rather unpleasant man?”
    A bit below the belt, Bunny. Just because you don’t agree with what he says doesn’t make him an unpleasant man surely. He may be or he may not be, I don’t know him personally and I assume you don’t either. What is ‘unpleasant’ is being a piggy bank for unethical companies and individuals (most of whom are already super-rich) to hide the money they should be paying in tax where they earnt it, at the cost of their own country and its people. Those in Jersey with a vested interest refuse to accept the truth of that, of course (mainly the finance industry and your leading politicians), but I can assure you from personal experience that that’s how the rest of the world view your little island. The looming global depression will ultimately destroy your tax haven status. Certainly by the end of the decade. In fact, the demise began with the credit crunch in 2008. The island has been in a slow but noticeable decline ever since(the introduction of GST and its subsequent increase should be proof enough for most islanders). You need a Plan B and quick.

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  28. 28
    donald pond

    Murphy is just a union lackey, playing a tune to those who believe that if only everything was controlled by the state the world would be a better place. Although it is impossible to dislike him completely – the ease with which he showed Syvret up in the infamous “blackmail” incident still raises a smile!

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  29. 29
    GM

    You only have to look at the latest thread on Jersey on his blog. He gets into a debate with Deputy Dave Jones from Guernsey, digs himself into a hole by refusing to accept Guernsey facts straight from the horse’s mouth (a senior minister) and so resorts to style by closing the debate with no more comments permitted.

    The man is pathetic.

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  30. 30
    GM

    The EU Code of Conduct is solely concerned with Corporate Tax, not personal tax. Capital Gains Tax is a personal tax, not a corporate tax. The EU Code of Conduct has no mandate to determine personal tax rates or systems.

    Move along people – there’s nothing to see here other than an egotistical Jersey-hater pretending that he knows what he is talking about.

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  31. 31
    bonkers

    Just #27
    Finally a commentator with a moral framework well said my friend . It’s good to know there are still some decent members of the human species walking the planet.

    From what I’ve read on Mr Murphys blog and his daily newsletter his overriding concern is for the betterment of society as a whole. All the negative posters on here simply see him as a threat to our TAX avoidance industry. The fact that most of them believe our main source of income is an acceptable way for us as a community to get by in the world we live in says more about them than Mr Murphy.

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  32. 32
    tom

    Mr Ozouf please offer him a pension of say £50,000
    a year And a bonus £500.000 to keep his mouth shut,seems to work for others.

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  33. 33
    Sage

    Bonkers #31 and #27:

    I have a significant difficulty with the notion that every tax levied constitutes an inherently “correct” and moral obligation and also with the view that the tax competition or neutrality provided by low/no tax centres is therefore inherently immoral.

    This view ignores the possibility of spendthrift or, worse, corrupt governments or tax authorities levying inappropriate types or levels of tax on their populations.

    This view ignores the possibility that some global citizens might feel morally justified in questioning how their governments tax and spend.

    This view ignores the possibility that the world’s highly complex taxation environment can stymie the free flow of international trade and the manner in which the tax neutrality offered by low/no tax environments can prevent investors and assets in cross-border transactions becoming liable to punative double or even triple-taxation simply because those transactions involve assets and participants located in a number of different jurisdictions, each with their own, different tax regimes. In so doing, well-regulated finance centres can boost global, international trade at a time when increasing levels of damaging protectionism are looming.

    By way of example, I for one question the morality of EU politicians/technicrats in Brussels spending the tax contributions of hard-pressed Europeans on novelty projects whilst feathering their own nests and dreaming up ill-conceived new EU-wide taxes and regulations which will subdue economic growth just when it’s most needed.

    In short, taxation is not, de facto, an inherently good thing. Equally, evading well-conceived, fairly levied and well-spent taxes is not, de facto, an inherently good thing. The moral maze around taxation is complex and to condemn finance centres with attractive tax rates as immoral is overly simplistic and, I would argue, risky, unless we all live in a perfectly governed world.

    We do not.

    I see Jersey’s finance industry as offering a well-regulated and (in accordance with global norms) transparent route through that maze.

    I sleep OK at night.

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  34. 34
    bonkers

    Sage 33

    You may sleep “Ok at night” but unfortunately the millions affected by similar attitudes to tax that you express and your desire to cite tax rates and laws as complicated is wrong.

    The simple fact is that tax laws around the world are only complicated by the accountants and lawyers working for banks and other financial institutions whose only purpose is preventing the legitimate collection of due taxes by government in any way they can.
    .
    But as long as you’re okay with that I suppose everyone else will just have to live with it.

    Sleep tight

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  35. 35
    Arnald

    Here’s how transparent Jersey’s OFC is

    http://www.financialsecrecyindex.com/2011results.html

    Compared to Guernsey, not very.

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  36. 36
    donald pond

    “The simple fact is that tax laws around the world are only complicated by the accountants and lawyers working for banks and other financial institutions whose only purpose is preventing the legitimate collection of due taxes by government in any way they can.”

    Err, no. Tax laws are made by governments, not by accoutants and lawyers.

    We live in a global economy. If I wish to set up a fund that allows people in Europe to invest in companies in the BRIC region, how do you think I should do it? The investors will pay tax in their home countries. The companies will pay tax in their countries. Why should the fund pay tax? It is the simplicity of the tax regime in places like Jersey that brings work in.

    Jersey does not permit tax evasion. Tax evasion is a crime and it is a crime in Jersey to assist in tax evasion. But Jersey does allow people to structure things in a legal way in order to simplify and/or reduce their tax liability.

    Governments make tax laws, people try to minimise their tax liability. It has and always will be so.

    You may not like this, but to say that it is “legitimate” for a government to collect tax that they are not entitled to under the laws they drafted is clearly both preposterous and dangerous.

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  37. 37
    Sage

    Bonkers, don’t worry, I know you’ll never live with it and you do seem to have ignored my statement that “evading well-conceived, fairly levied and well-spent taxes is not…a good thing.”

    I’m afraid I think you’re wrong to say that tax laws are complicated by accountants and lawyers. The simpler the fiscal legislation created by governments, the harder it is for clever accountants and lawyers to pick any holes in it.

    When global tax rates are harmonised, we (especially you) can all sleep easy on a level fiscal playing field. Until then (and don’t hold your breath) global trade benefits from low/no tax centres to help parties inter-connect productively.

    Out of interest, do you have a problem with double taxation treaties?

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  38. 38
    Sage

    Arnald,

    Unfortunately for you the views of the OECD (placing Jersey amongst first on its white list of non-tax havens, with Jersey still pro-actively signing TIEAs ), FATF (global top ranking in anti-money laundering assessment), the IMF (excellent 2010 report) and the Foote report are generally regarded as more credible and balanced and than that index prepared by Murphy and chums.

    Knowing how both Jersey and Guernsey laws and regs operate in practice (many big financial services companies have offices in both Islands now), I can tell you with complete authority that the differentiation in this index is entirely spurious.

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  39. 39
    Murphy's Law

    Arnald

    Not that I ever put much importance on what RM says, but it’s nice to see that many onshore centres are more secretive than offshore ones (according to RM’s criteria, goodness knows what that is).

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  40. 40
    The Jersey Bull

    33 Sage.

    Excellent comment and a sensible assessment that those in the looser camp, who, as Adam Smith once pointed out, cannot grasp the fact that competition allows and encouraged individual ambition to serve the common good.

    So why ‘cast your pearls before swine’, lest they trample them in the parasitic muck of their ignorant fairness doctrine?

    Report abuse

  41. 41
    Arnald

    And here we have it @38
    “…I can tell you with complete authority…”

    No, you can’t. You can tell me from within an industry that says “i can tell you”, without knowing what the hell you’re talking about.

    Without having the least bit of a notion what Jersey is being criticised for (Foote is an industry shill, backed up by Deloittes who are worse – hardly objective. IMF have increasingly been alarmed by capital outflow and the shadow finance industry that us CIs do so well, the OECD set their aims so low to incorporate as many members as possible that it’s TIEA structure is next to useless. Look at the stats. Look at the parameter for investigation).

    Frankly, you are talking out of your blinkered hat (balaclava, you know like financial terrorism?).

    Don’t kid yourself you know more about global financial flows, tax competition and legislative obfuscation that the guys that produce these reports. They are on the frontline, looking right at you.

    Nothing to fear? Maybe. But outright lying won’t get you anywhere. Jersey is up amongst the worst of the bad boys for a reason.

    I look forward to your well researched analysis to say why that isn’t the case. Bear in mind that FTI used criteria from orgs you have quoted.

    Good luck.

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  42. 42
    Arnald

    @39
    It has always been the case that the UK (remember how much it prizes its Overseas and CDs) is the worst offender. No one has ever denied that the US has terrible problems controlling evasion and loophole exploitation.

    Much of the perceived ire from the CIs towards TJN, ATTAC etc, has come because of the sheer nonsensical belligerence of the industry – not least because it has captured the political class, and launched such viscious and pointless attacks on the cause of justice.

    It makes us look like fools. That’s why Guernsey fares better. It’s been a while since there’s been a baseless polemic against anti poverty campaigners in the local press.

    Jersey cannot defend its stance without ridicule. All it can do is sanitise the industry and rid itself of the socially harmful instruments.

    It ain’t gonna happen, but that’s Jersey’s loss, eventually.

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  43. 43
    Arnald

    Oh, and 39. Murphy didn’t produce this report, and the criteria for scoring are quite clearly explained.

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  44. 44
    JERSEY GIRL,

    Im out of my depth, don,t know what their talking about?Think I will have a glass of wine.

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  45. 45
    Sage

    Arnald,

    I’ve no idea what you do for a living but I work in the Channel Islands finance industry and have a hands-on understanding of the local tax and regulatory laws in the Islands.

    As such I find the differentiation in the FSI index completely bewildering.

    Perhaps you can explain the objective reasons why Guernsey scores better (or is it simply because, as you put it, “It’s been a while since there’s been a baseless polemic against anti poverty campaigners in the local press.”) If that subjective test has been applied, has it been weighed up against the very many “anti-finance” polemics printed in Jersey’s press and on boards like this? I’d say there’s a very open (political and media) debate in Jersey about the percieved rights or wrongs of our industry. Some misguided politicians even invited Richard Murphy in to re-invent our finance industry. Is Guernsey preferred because it briefly (and misguidely, in my view) flirted with a 10% corporate tax rate in response to the EU pressure on its centuries-old fiscal sovereignty?

    Frankly I think you’re wearing something of a balaclava yourself, Arnald, always adopting a very hard-line and black/white stance and never giving any credit where its due.

    As a small island state, Jersey still chooses to operate within internationally accepted parameters and opens itself up to independent international assessment by appropriate bodies – I’m afraid TJN has shown itself too extreme and subjective to represent any credible assessment as, I would argue, the FSI index demonstrates. Jersey can and should do no more. As the ground shifts, Jersey has shown itself willing to respond and change, but surely its people are entitled to protect their interests just as large nation states do?

    I’ve always taken the view that the likes of Richard Murphy and TJN focus on Jersey because, perhaps more than other OFCs, it has striven to match or exceed global norms in areas of transparency and co-operation (hence its OECD, IMF and FATF acceptance). Embattling the likes of Jersey puts pressure on real offenders (as shown in the FSI and other indeces). It’s a highly cynical tactic when your action should really be focussed on those at the bottom of all the lists (whether OECD, FATF, IMF or FSI) where the illegal stuff really does take place.

    You write about the “cause of justice”, but you never specify what international laws are being broken in Jersey?

    We’re actually back to morality – and I refer you to my post at 33 above.

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  46. 46
    bonkers

    Donald Pond #36

    “Err, no. Tax laws are made by governments, not by accountants and lawyers.”

    If you believe that you’re sadly misguided. Who do you think advises government on tax law? The big four accountancy firms and tax lawyers, the very people who shouldn’t have any say in such matters are the very people that have an undue influence on laws designed to collect due taxes.
    The same big four accountancy firms that signed off the accounts of the US banks selling sub prime mortgages to people who could never pay them back.

    Come on your not stupid stop defending the indefensible

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  47. 47
    donald pond

    bonkers,
    you are living up to your name. advising is not the same as making. tax laws are made by the government. all manner of people advise and lobby them: big accountancy firms, industry bodies, trade unions, charities, ngos.
    but once the laws are made there is nothing immoral with trying to minimise how much you pay. if, for example, you live in the UK, would you buy your CDs for £10 from a UK website or £8.50 from a CI one? people vote with their wallets and nobody wants to pay more tax than they have to.

    Do you look at the price of petrol in France before deciding whether to fill up there or here? Do you buy stuff on duty free? Do you consider mortgage relief before deciding how much to borrow? All perfectly reasonable things to do. The crux is, the government makes the laws, people have to follow them but if they choose to modify their behaviour in a legal way, that is their right.

    It is called the rule of law. It is the cornerstone of democracy and far more important that your personal idea of what is or is not moral or indefensible.

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  48. 48
    J-Cat

    @47 Donald

    “It is called the rule of law. It is the cornerstone of democracy and far more important that your personal idea of what is or is not moral or indefensible.”

    Trial by ordeal, no votes for women, homosexuality being illegal, paying a tithe to the Lord, slavery, sending small boys up chimneys.

    All things that were common practice and/or enshrined in law.

    As a race, as a society, as an Island, we evlove. What was once acceptable is seen as morally repugnant.

    Interestingly, you yourslef are a fine (and correct imo) example of this moral shift with your views on legalisation of drugs.

    The times they are a changin’

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