1. Introduction:
the challenge of making the financial sector participate adequately
in social and economic development
1. During the financial and economic
crisis, many European countries have experienced a rapid growth
of public debt and strong pressure from financial markets to engage
in more fiscal discipline. This led to drastic austerity measures
– with often disastrous social and economic impacts – across the
continent. Nearly all countries of the eurozone now exceed the benchmark
criteria on public debt (which should be no more than 60% of gross
domestic product (GDP)) and on annual budget deficit (which should
not be higher than 3% of GDP) fixed in the Stability and Growth
Pact, whilst the need for more social investment and economic stimulus is
growing. Other countries throughout the continent are also undergoing
difficult structural reforms and are struggling to find the right
balance between open markets and domestic social commitments.
2. At the same time, many financial institutions
which
have been bailed out with public money
are again reaping
profits and paying out substantial dividends to their shareholders
and bonuses to top executives. Moreover, as the authors of the motion
for a resolution on “Restoring social justice through a tax on financial transactions”
(
Doc. 12759) point out, the volume of world trade in currencies
nowadays exceeds at least 70 times the trade in real goods and services.
The global financial market and its institutions appear to be largely disconnected
from the real economy and society at large.
3. Could this connection be strengthened? Could stakeholders
of financial trading act more responsibly towards the society and
the economy in which they operate? We see a more and more widely
shared conviction that at least part of the answer should come through
taxation systems, such as a tax on financial transactions. Many
economists believe that such a tax is not only feasible (technically
and structurally), but could also help tackle tax evasion in the
financial sector and thus help improve public finances, in addition
to contributing to restoring social justice through an innovative
approach to financing and solidarity.
4. On the basis of discussions in the Committee on Social Affairs,
Health and Sustainable Development, written expert contributions,
research
studies and other information sources, the rapporteur reviews the potential
benefits the Council of Europe member States could draw from the
introduction of a tax on financial transactions and makes proposals
for policy decisions with regard to the modalities of such a tax.
2. A renewed drive for introducing a tax
on financial transactions
2.1. From
the British “stamp duty” and Tobin Tax proposals to crisis-driven
tax innovations
5. The concept of, and the first
introduction of, a financial transactions tax dates back to 1694
at the London Stock Exchange with the tax payable by the buyer of
shares (the so-called official stamp on documents for confirming
the purchase – a stamp duty). This is the oldest tax which still
exists in the United Kingdom. In place in its current form since
1986, this stamp duty – charged at 0.5% – is one of the highest
in Europe among this type of tax (on share purchases) and generates
about £3 billion (or close to €4 billion) a year to the United Kingdom
Treasury.
6. Even some of the most ardent opponents of this tax admit that
“[s]tamp duty is one of the easiest taxes to administer”
and that it has never endangered
the global position of the City of London as a major gateway to
the low-tax environment. Stamp duty, however, does not cover the
derivative financial products which contribute most to the speculative
financial flows and which became increasingly popular among traders
in the run-up to the global financial crisis of 2008 (only about
20% of transactions on the London Stock Exchange are subject to
the stamp duty). Similarly, the United Kingdom’s neighbour, Ireland,
collects a 1% stamp duty on stock exchange transactions on most
types of securities (but not on derivatives) registered in that
country.
7. Following the Great Depression of the 1930s, a highly authoritative
economist, John Maynard Keynes, advocated the wider use of taxes
on financial transactions as a means of curbing excessive financial speculation
and increased volatility of markets. Later on, in 1972, a follower
of Keynes, James Tobin, proposed a currency transaction tax aimed
at stabilising global trade in currencies.
8. In the 1990s, the economist Paul Bernd Spahn revisited the
Tobin Tax proposals and presented his own ideas for a two-tier approach
to taxation of financial transactions so as to better distinguish
between normal liquidity trading and speculative trading. This led
to the adoption, by the Belgian Parliament in 2004, of the Spahn
Tax, which will apply in Belgium once other members of the eurozone
adopt similar measures. Belgium also has a securities tax which
consists of a low-rate tax (0.07%) on selected ordinary financial
market transactions (such as the distribution of investment company
shares and public debt bonds) and a higher rate (0.5% and 0.17%)
levied on transactions deemed to be of a more speculative nature.
9. In this context, we could also recall the UNITAID initiative
that launched, in 2006, an innovative financing instrument for global
solidarity in the form of a symbolic tax on plane tickets.
Having started with five founding members
(Brazil, Chile, France, Norway and the United Kingdom), UNITAID
now counts 30 of its member countries committed to introducing a
tax on airline tickets and 25 other countries as partners willing
to contribute funds for financing the purchase of medicines for
less developed countries. The success of this scheme has prompted
ideas that it could be used as a model in other economic sectors
directly concerned with globalisation, such as mobile telephony,
Internet, tobacco, trade and financial transactions.
10. Many countries in Europe and across the world have experimented,
more or less successfully, with unilateral forms of financial transaction
taxes.
According to
an International Monetary Fund (IMF) working paper of March 2011,
various
types of such taxes are currently in place, including:
- taxes on equity shares in Austria,
Brazil, China, Cyprus, Greece, Hong Kong, India, Indonesia, Italy, Poland,
Portugal, Russia, Singapore, South Africa, South Korea, Spain, Switzerland,
Turkey, the United Kingdom and the United States of America;
- taxes on debt finance in Brazil, Italy, Russia, Switzerland,
Taiwan and Turkey;
- taxes on foreign exchange in Brazil;
- taxes on revenue from securities transactions in Hong
Kong, India, South Africa, South Korea, Switzerland, Taiwan and
the United Kingdom;
- bank transaction taxes mainly in Latin America and in
several Asian countries.
11. Even if some of these taxes are at first glance small, they
can generate substantial income. Thus, for instance, the United
States has a very small tax (0.0034%) on stock transactions that
is used to cover the operating costs of the Securities and Exchange
Commission (SEC). In reality, the federal government manages to
collect comfortable revenue from this fee – several times in excess
of the annual operating costs of the SEC.
12. At the G20 Summit
meeting
in September 2009 (Pittsburgh, United States), the leaders asked
the IMF to explore “the range of options countries have adopted
or are considering as to how the financial sector could make a fair
and substantial contribution towards paying for any burdens associated
with government interventions to repair the banking system”. In
its reply in April 2010, the IMF, on the one hand, recommended the
adoption of levies on financial institutions to pay for the resolution
of troubled and failing entities and, on the other hand, it reviewed
options for raising revenue from the financial sector activities
more generally, including through the possible use of financial
transactions taxes. The IMF ultimately favoured the use of a “financial
activities tax” on the total profits and wages of financial institutions,
without ruling out the use of financial transactions taxes for other
purposes.
13. Assembly
Resolution
1833 (2011) on the activities of the Organisation for Economic Co-operation
and Development in 2010-11 encouraged the OECD “to explore the options
for introducing a global tax on financial transactions”. Prior to
this call, the OECD had on several past occasions opposed the idea
of a general financial transactions tax, maintaining that such a
tax could negatively affect turnover and liquidity in financial
markets and lead to relocation of financial trading to countries
not applying such a tax and an increase in the cost of capital.
However, its own experts – and many independent scholars – admit
that these possible effects can largely be mitigated by adequately
designing a proposed tax on financial transactions.
14. At the same time, like the IMF, the OECD experts tended to
favour the use of a financial activity tax. In a further development
of its analysis, the OECD proposed to its member countries to consider
establishing a tax limited to selected derivatives transactions
(that is, the so-called over-the-counter derivatives) accompanied
by other regulatory measures. Moreover, the OECD has been regularly
pleading for improvements in national taxation systems and innovative
financing at a global level.
2.2. Recent
proposals by the European Commission
15. Although national experiments
enable various formulas for taxing financial transactions to be
tested and improved, a more harmonised, co-ordinated and global
approach is desirable to ensure a level playing field. In summer
2010, the European Commission
aired
its intentions to work on the various options as the G20 failed to
reach an agreement. A year later, it published proposals based on
an impact assessment
and unveiled
a proposal for a Council Directive on “a common system of financial
transaction tax and amending Directive 2008/7/EC”.
16. The Commission proposed that a tax should be levied, from
2014, on all transactions on financial instruments between financial
institutions when at least one party to the transaction is located
in the European Union,
with
trade in shares and bonds to be taxed at 0.1% and derivative contracts
at 0.01%, payable by both parties of a contract. Transactions thus
covered would include transfers of financial instruments between
group entities of the same company, but would not apply to private
households and payments by small and medium-sized enterprises (SMEs),
public borrowing, central banks’ operations and certain business
transactions (for example, primary issuance of shares and bonds).
17. It is expected that such a tax could yield about €57 billion
a year (mostly from derivative contracts – about €38 billion) that
would be divided between the European Union and the member States.
By the Commission’s own estimates, the intensity of market trading
in shares and bonds could decrease by 15% and for derivatives by
75% (in volume terms). Moreover, comparative studies on tax increases
show that the impact on GDP from launching the financial transactions
tax would be the same (about -0.3%) as a similarly small increase
in corporate taxation.
18. In March 2012, the Danish presidency of the European Union
put forward some alternative options for taxation, such as taking
a gradual approach by starting to tax a limited set of financial
products – similar to a stamp duty – and a possibility to exclude
temporarily the derivatives, launching a “bank tax” or a “financial activities
tax” (as proposed by the IMF) and acting through direct regulation
of the financial sector.
19. The Commission’s original proposals were not motivated by
potential financial gains only. The Commission estimated that, because
the financial sector was at the origin of the crisis and was considerably under-taxed
in
comparison to other sectors, it should contribute to the “reparation”
of public finances. Moreover, a co-ordinated approach at European
Union level would help consolidate the “Single Market” and finance
growth-enhancing measures. On a global scale, as the European Union’s
taxation commissioner, Algirdas Šemeta, put it, additional tax revenues
could help address global challenges such as development and climate
change.
20. The critics reacted immediately to these proposals. While
the Austrian, Belgian, French, German (after some hesitation), Norwegian
and Spanish authorities are in favour, the opposition is particularly
vocal from the United Kingdom authorities due to concerns that a
proposed tax would negatively affect the financial services trade
in the City of London where about 80% of Europe’s financial transactions
taxable under the Commission’s proposals is believed to be concentrated.
Some experts note, however, that certain financial transactions would
thus be taxed more, but others less. Moreover, unlike some countries’
official authorities, most Europeans support the tax proposal.
21. The eurozone is seen as a realistic starting point for building
a coalition of States willing to introduce this multi-State tax
arrangement. It could gradually become a strong advocate for broadening
the reach to the OECD and G20 countries. Major personalities, such
as financier-philanthropist George Soros and Nobel laureate in economics
Joseph Stiglitz, as well as many parliamentarians across Europe,
have publicly supported the proposed tax. Yet, amidst uncertainties
over the outcome of current negotiations among the eurozone members,
there are already signals that financial institutions are preparing
to strike back by devising new instruments to avoid the proposed
tax.
22. In the wake of the European Union finance ministers’ meeting
on 22 June 2012, 10 countries announced their intention to work
together under the “enhanced co-operation” mechanism and push ahead
with introducing a financial transactions tax. These countries include
major European economies such as France, Germany, Italy and Spain,
as well as Austria, Belgium, Bulgaria, Finland, Greece and Portugal.
3. What
are the long-term goals and possible uses of the revenue from a
financial transactions tax?
23. The rapporteur underscores
the need to consider not only technicalities and obstacles, but
also the political meaning, long-term perspective and value-driven
motivations for launching a European tax on financial transactions.
When a pan-European project emerged in post-war Europe, it looked
first like a Utopia, then like a miracle, and now it is a reality
despite all the hurdles. Likewise, the Single Market and the monetary
union took shape and the euro was born. It is now time to give new
breath to the European project through closer economic governance
and a joint endeavour to streamline financial priorities, not least
through more co-ordinated taxation across the continent and a European
tax on financial transactions. The more divided Europe stands, the
weaker its voice and influence in the world.
24. Although some would like to write down the European Union
financial transactions tax initiative as cumbersome, unrealistic
and of little added value, many opinion leaders argue the opposite.
The latter notably maintain that such a tax would help reduce the
volatility of financial markets, ensure more fair and equitable taxation,
improve competition and macroeconomic governance, and, importantly,
could help prevent tax evasion in the financial sector. A powerful
financial sector lobby is at work to undermine the arguments in
favour of the tax which they perceive as going counter to the trend
of financial liberalisation seen over the last two decades which
ultimately led to the financial crisis.
25. If a European Union financial transactions tax were implemented
as currently proposed by the European Commission, it would be paid
in the European country of origin of the financial operator (the
so-called “residence principle”, modelled largely on the British
stamp duty): in this way all pertinent transactions by a given firm
would be subject to this new tax, whether these operations take
place in the European Union (or eurozone in a restricted version)
or elsewhere in the world. This mechanism would therefore prevent
financial institutions from escaping tax payments by moving their
operations offshore or to tax havens.
26. The European Parliament has been pleading in favour of the
tax for a number of years. On the basis of a report by its Committee
on Economic and Monetary Affairs,
it
adopted, on 23 May 2012, a resolution
commenting on the European Commission’s
proposal for a Council directive on a common system of financial transaction
tax. This resolution calls for a change in the financial services
business model, away from high-frequency trading to serving the
real economy. The text adopted also asks that the proposed tax (FTT)
should apply to financial operations by institutions situated outside
the FTT zone but which trade securities issued within that zone
(the so-called “issuance principle”). This approach would help increase
the geographical coverage of the tax and would prevent the “leakage”
or outsourcing of transactions to countries not applying such a
tax.
27. Moreover, the resolution in question advocates taking the
United Kingdom stamp duty approach to link the payment of FTT to
the acquisition of legal ownership rights and thus make evading
the FTT far more expensive than paying it. That, together with a
more centralised approach to the clearing of transactions at European
Union level, would certainly help tackle tax evasion and would give
countries beyond the eurozone and the European Union another good
reason to adopt such a tax.
28. Under the European Union plans, revenue generated by the financial
transactions tax could in part feed its budget – as a new own resource
for the 2012-20 financial framework – for subsequent investment
in priority areas, such as job creation, economic, social and territorial
cohesion, vocational training, research and innovation, modernisation
of agriculture and environmental safety. The other part of revenue
would be redistributed to member States in the form of budget support.
There is also a possibility of an external dimension for the resources
use in partnership with non-EU countries. It is estimated that the
tax – together with a modernised VAT resource – would help EU member
States to considerably reduce membership contributions to the EU
budget.
29. As discussions in the Assembly’s Committee on Social Affairs,
Health and Sustainable Development have shown, members share concern
over the fallout of the global financial-economic crisis and the
need to draw lessons. They are in particular worried about the propensity
of financial markets to overuse and undermine stability which is
seen as a public good.
States
then, as ultimate regulators, have good reasons to reclaim ground
lost through financial deregulation, close taxation gaps, curb speculation,
and thus ensure more sustainable, more stable functioning of financial
markets for the sake of public good. Committee members therefore
tended to agree that a tax on financial transactions – together
with other indispensable regulatory measures – should help repair
the damage to public finances and social systems wrought by the
crisis, as well as raising defences to prevent any such crises from
reoccurring.
4. Prospects
for a harmonised and visionary approach to using a financial transactions
tax for more solidarity and social justice in the greater Europe
and beyond
4.1. Potential
gains for European countries and their global partners
30. It is not by coincidence that
proposals for an international framework for a financial transactions
tax gained traction with the onset of the global financial and economic
crises.
As
we have seen in the earlier chapters, most countries have some sort
of taxes on certain financial operations. However, it clearly appears that
the most risk-taking and highly leveraged financial products – such
as derivatives – essentially escape taxation and have, as a result,
largely fuelled speculative trading to the detriment of operations
relating to investment in the real economy. Moreover, the boom of
speculative operations since the year 2000 contributed to creating
bubbles in financial markets that finally exploded with the crisis
– considerably hurting society at large – including the real economy,
public services and vast segments of the population.
31. Those financial excesses were made possible because of an
increasingly lax regulatory and taxation environment. It is high
time to correct this distortion: for the free market to function
normally, all players need a fair level playing field. There is
no valid reason why the financial sector should be as under-taxed
as it currently is when compared to other sectors of the economy.
Moreover, there is no justifiable reason why an ordinary taxpayer
should be penalised through painful austerity measures because of
the fallout of excesses in the financial sector and the crisis.
This is a question of social justice to which European policy makers
and their counterparts in partner countries have a moral obligation
to reply with tangible solutions.
32. One of those tangible solutions is a more adequate, fairer
taxation of the financial sector: policy makers have to clean up
the mess wrought by the financial crisis and to prevent future meltdowns.
All countries and the whole population stand to gain from financial
stability which can and should be secured via improved control and
taxation. Together with other financial corrections and fiscal reforms,
a financial transactions tax should serve as a stepping stone towards
restoring a healthy balance between the taxes on revenue from capital
and from work. Moreover, this process should trigger society to
refresh the social contract that binds the State, citizens, enterprises
and the market so that all parties act in a more responsible manner
and work for more widely shared prosperity long term.
33. Just as Europe has long led the global battle for the respect
of human rights, it can in a similar way show more courage, leadership
and vision in embracing a proposed tax on financial transactions
that would potentially generate substantive funds and could enable
more innovative financing of solidarity mechanisms within greater
Europe, but also in favour of pro-development action in respect
of the neediest non-European countries. European negotiations, formulas
and decisions on a financial transactions tax may become a model to
follow for other countries in the world which will be anyway more
or less directly concerned by the European position.
4.2. Strategic
orientations
34. Although there is considerable
public support for the launching of a European financial transactions
tax, there is also a need to better inform the public about the
modalities of such a tax and the strategic goals pursued. The population
has to be reassured that the proposed tax will not have undesirable
side effects on their routine banking operations. It also needs
to have a say on how the new tax receipts should be used, once the
tax is in place.
35. As the scope of the proposed European tax on financial transactions
remains to be agreed, the Assembly should plead for the widest possible
reach to capture the full range of the most speculative and most harmful
financial transactions, in particular those with derivative financial
instruments. The non-EU countries from among the Council of Europe
member States could also adopt similar arrangements corresponding
to their national context, development policies and strategic goals,
including bilateral co-operation with the European Union and its
member States.
36. The EU and non-EU countries across greater Europe should seek
to work in close co-ordination so that the proposed tax could be
introduced in a way that optimises the potential gains from combating
tax evasion and avoidance and prevents the shift of financial transactions
to other countries, in particular those with a lax regulatory environment.
Efforts to launch a European financial transactions tax should be
seen as a move towards greater economic integration and stronger
economic governance, conducive to a more cohesive society where
every taxpayer – an individual or an enterprise – contributes a
fair share of taxes due to ensure the smooth functioning of States.
5. Conclusions
and recommendations
37. The various forms of taxes
that are currently in place or were in place until a few years ago
in a number of Council of Europe member States clearly shows that
those taxes are both technically feasible and economically useful.
Even the staunchest opponents of the proposed European tax on financial
transactions should bear in mind that a new arrangement would serve
as a step in the right direction towards greater harmonisation of
the rather disparate taxation in respect of financial institutions
across Europe.
38. Moreover, the proposed rates of such a tax could actually
diminish the overall level of taxation on certain financial operations
in some countries (such as the stamp duty in the United Kingdom)
but would have the advantage of covering the tax base more comprehensively
– capturing the most risk-bearing and the most speculative transactions
(notably derivatives) which expanded dramatically over the last
decade and significantly contributed to the outbreak of the financial
crisis in 2008. As the implementation of the tax requires adequate
registration and central clearing of transactions, the overall transparency
of the financial system would also increase as a welcome side effect.
39. The States, as the ultimate regulators – including of financial
markets – should exercise their prerogatives fully in restoring
their capacity to regulate and to tax financial markets more effectively
in the name of public interest. This would strengthen their sovereignty,
financial stability and the capacity to ensure social and tax justice.
The States should, however, give more thought to envisaging alternative
uses to the funds to be potentially collected through a tax on financial
transactions. They could notably consider using them for attenuating
or offsetting the effects of austerity measures on the population,
financing growth-enhancing projects and supporting priority social
investment in European competitiveness through human capital such
as young people who are particularly affected by the crisis.
40. The rapporteur therefore recommends that the Parliamentary
Assembly takes position in favour of a European tax on financial
transactions – as currently proposed by the European Commission
and the European Parliament, with possible adjustments to national
circumstances to facilitate the implementation of this initiative
in the greater Europe. Two reports and resolutions debated during
the Assembly’s June 2012 part-session, namely on the “Crisis of
democracy and the role of the State in today’s Europe” and on “Austerity measures
– A danger for democracy and social rights”,
already make proposals in this direction.