Archive for September, 2008

GOVERNMENT INTERVENTION IN FINANCIAL MARKETS TURMOIL

Monday, September 29th, 2008

We are in the tax business primarily, however I would like to bring some other issues that will definitively affect Tax policies, such as the current state of affairs in the Global Financial Markets.

It is now evident that the root of the turmoil in the Financial markets is inside the system. Governments are required to use great doses of innovation in dealing with the Financial institutions, money market regulations and tax policies.

The most recent news show how the US Government is now clearly intervening in the Free Market Economy. In Europe, Banco Santander has been called by the UK Government to try helping on the Bradford & Bingley crisis by buying the £20 billion deposit business and the network of 200 branches as reported by The Times

With some doses of electoralism Wall Street, Investment Banks and the Financial institutions have been demonized in the last few days by the press and some politicians.

Obviously they have made big mistakes, but we should not be naif and think that Government intervention by itself is going to help. The complexities of the Financial markets need a collaboration of the Governments, Financial Institutions, Businesses and the citizens.

What does the Academy say about this?.

In the last issue of Working Knowledge from Harvard Business School there is an interesting article titled , Financial Crisis Caution Urged by Faculty Panel, where the School faculty represented by Jay Light, Robert C Merton, David Moss, Nicolas Retsinas and Clayton Rose are interviewed to discuss this issue.

Robert C. Merton is the John and Natty McArthur University Professor at Harvard Business School and a winner of the 1997 Nobel Memorial Prize in Economic Sciences. I would like to bring some of his comments in this article.

“…..Merton expressed concern about potential unintended consequences of efforts to confront the crisis. He reminded the audience that banks and insurance companies, the sources of some of these problems, are among the most regulated entities other than hospitals in the United States. While regulation is important and needed, “it’s not magic,” he said. Poorly done regulation could have a long-term negative effect.

“I hope we’ll have careful analysis and pathology before we start to set the regulations,” Merton continued, suggesting the creation of the equivalent of the National Transportation Safety Board for examining financial crises in a technical, determined way.

Finance as a profession does not look bright, he acknowledged. It will be tough to get jobs on Wall Street. But the good news is that innovation will continue.

“The financial functions of the system, whether providing for retirement or transactions, still have to be performed. This is a global and growing business, and it’s one that can have very significant impact on economic development and growth.

“Some commenters say, ‘We have to get financially sophisticated people out of the system.’ The worst is to say ‘financial engineer.’ I suggest it’s just the opposite. The problem, in part, is that senior managers, regulatory overseers, and members of boards of these financial institutions don’t have a good understanding of all of this. And it would be perverse if the solution was to dumb down or limit what the institutions can do in terms of what they develop, to fit the existing managers. I think the longer-run solution is that general managers have to become far savvier.”

The finance job market is global, and there remains a strong need for talent. People skilled in general management combined with highly technical training to develop a functional perspective are best equipped to navigate the changes ahead, Merton concluded….”

OBAMA VS MACCAIN, WHAT DO THEY SAT ABOUT TAX

Sunday, September 28th, 2008

A very interesting analysis about the two candidates and their proposed tax policies has been published by Grant Thornton.

As posted in their webpage, “The next president will have a unique opportunity to reshape American tax policy. 2009 is almost certain to be a watershed year for the tax code, as policy-makers will be forced to address a perfect storm of persistent deficits and a bevy of expiring tax provisions.”

“Besides the deficit situation,” continues the posting “there are several key catalysts for major tax changes after the election:

  • The annual “patch” for the alternative minimum tax is becoming more expensive every year, estimated to cost $62 billion for 2008.
  • The estate tax is scheduled to disappear entirely in 2010, and then reappear in 2011 with a top rate of 55 percent and an exemption of just $1 million.
  • All of the major tax cuts in the 2001 and 2003 bills are scheduled to expire in 2010, including rate cuts on dividends and capital gains that are popular with investors, individual rate cuts across all tax brackets and universally popular provisions such as marriage penalty relief, the 10 percent bracket and the $1000 child tax credit.
  • The list of “extenders,” annually expiring tax provisions Congress typically extends every year, is getting longer and more expensive.”

Please check here to access the full article.

IRELAND´S HOUSING MARKET: BUBLE TROUBLE,REPORTED BY EU

Friday, September 26th, 2008

It is not very habitual to find two articles in the European Commission’s monthly publications applying so clearly to our clients.

This article on the Irish Real Estate Market is worth looking at, the title is Ireland’s Housing Market: Buble trouble

Many of us will be able to draw parallelisms with the UK or Spanish real estate market, after reading this report.

In the European Commission page it is reported:

“The housing sector was a significant driver of Ireland’s growth performance during the last decade, reflecting strong country-specific fundamentals. While supply and demand factors can explain much of the developments of prices during last 27 years, there is evidence of overshooting in the later part of the period.

The housing market peaked in 2006 and the sector is now undergoing an adjustment that is warranted by an apparent overvaluation of house prices and needed reallocation of resources to more productive sectors.

Given the weight of the residential construction sector in output and employment, the correction in this sector is acting as a drag on overall economic growth as well as on public finances.

It remains to be seen whether past structural reforms can help bring about a rapid return to the medium term growth or whether the recovery will be more drawn out, similar to the experience of many industrialized countries that have undergone housing market busts in the past 30 years.”

THE BOTTLENECKS OF EU MOBILITY

Friday, September 26th, 2008

The Directorate General for Economic and Financial Affairs of the European Commission has published a report titled Mobility in Europe, Why it is low, the bottlenecks and the policy solutions discussing how adjustments in the European employment markets are a major source of economic resilience and integration.

As such, they warrant in-depth understanding and close monitoring in the specific context of Eurozone and national fiscal policies.

ETVE, THE INTERNATIONAL HOLDING COMPANY STRUCTURE IN SPAIN

Wednesday, September 24th, 2008

The ETVE, is a very efficient Spanish holding company structure to repatriate dividends outside the European Union.

As reported by the International Tax Review, the use of Entidad de Tenencia de Valores Extranjeros (ETVE)s by international investors has increased dramatically in the last few years. Please check here to get a comprehensive report on the ETVE regime.

ETVE, THE INTERNATIONAL HOLDING COMPANY STRUCTURE IN SPAIN

Wednesday, September 24th, 2008

The ETVE, is a very efficient Spanish holding company structure to repatriate dividends outside the European Union.

As reported by the International Tax Review, the use of Entidad de Tenencia de Valores Extranjeros (ETVE)s by international investors has increased dramatically in the last few years. Please check here to get a comprehensive report on the ETVE regime.

SPANISH WEALTH TAX ABOLITION AND TAX POLICY CERTAINTY

Saturday, September 20th, 2008

A good friend asked me today about the accuracy of the Spanish Wealth tax abolition announcement and how we should represent a sound professional opinion.

I just confirmed what I know, which is that the Government, with the support of the Parliament, is moving ahead. So far, so good, I must say, nothing else.

The legislative project is in its way to be passed by Parliament before the end of the year, unless a very radical change happens in the Government’s approach to Taxation Policies. Please, check the current status of this initiative at the Cortes Generales webpage.

I will not take bets on this, been actual tax policies as uncertain as anything else in our Global Economy.

Benjamin Franklin tried to establish tax certainty back in the XVIII Century. Referring to the then, new US Constitution, he said “Our Constitution is in actual operation. Everything appears to promise that it will last; but in this world nothing is certain but death and taxes.”

Franklin’s statement on tax certainty may not hold true these days if applied to specific tax policies, as income or capital been taxed today under certain rules may not be taxed tomorrow, when the government changes. We all know that.

Would it be possible, however, for the Spanish government to make a radical change in Tax policies during its four years term?.

Specifically, would it be possible to go back and maintain the wealth tax when it was an integral part of his electoral program and announced in public twice after winning the elections?.

I do not think so, unless the Primer Minister has given up his political career plans for the next General Elections.This is the opinion I have maintained and will maintain on this topic.

Today, a Catalan lawyer and very good professional referred to one of my colleagues, as Dona de poca fe, which resembles in the Catalan language the Biblical saying Oh Ye of little Faith. By no means I want to imply that professional advisers must have blind faith.

Please see my disclaimer and always make sure that before taking any action based on this blog, you check the sources. Listen, I am a lawyer after all :-)

A healthy dose of genuine skepticism is one of the qualities of a trusted adviser. It is great when other colleagues send me a good feedback on a taxprecision posting, specially when they have taken the pain to check the legislative references.

I take this matter of publishing very seriously and any sound feedback will be published in the comments sections, acknowledging authorship.

Back to Wealth Tax, and for those faithful readers, please find here the exact version of the document that their Lordships are reviewing in the Parliament as you read this posting today.

Keep watching this space and thanks for RSS our blog.

SPANISH INHERITANCE TAX ABOLITION INCORRECTLY REPORTED

Saturday, September 13th, 2008

Since August 14th we have been reading in the British press that the Spanish Inheritance Tax is going to be abolished, as announced by the Government.

The news were originally published, and are still published, in the English version of the Government of Spain web page, which can be found here. Please note that the information in English is not accurate.The Spanish version is the accurate one and can be found here

The posting in English is an unfortunate translation of the Spanish version and that was circulated as an official press release by the Government. I refer to our posting on the abolition of Wealth Tax that same day as the accurate translation of the Spanish version. You can find the posting by clicking here

We contacted The Times shortly after they published the news and we are also contacting the Spanish government suggesting the correction of their website to avoid any misrepresentation on this important topic.

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