James R. Hines Jr. | |
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Born | Chicago, Illinois, U.S. | July 9, 1958
Academic career | |
Institutions | University of Michigan Harvard University |
Field | Public economics |
Alma mater | Yale University (BSc, MSc) Harvard University (PhD) |
Doctoral advisor | Lawrence Summers |
Contributions | |
Awards | Daniel M. Holland Medal, National Tax Association (2017) |
Information at IDEAS / RePEc | |
Website | James R. Hines Jr. |
Part of a series on |
Taxation |
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An aspect of fiscal policy |
James R. Hines Jr. (born July 9, 1958) is an American economist and a founder of academic research into corporate-focused tax havens, and the effect of U.S. corporate tax policy on the behaviors of U.S. multinationals. His papers were some of the first to analyse profit shifting, and to establish quantitative features of tax havens. Hines showed that being a tax haven could be a prosperous strategy for a jurisdiction, and controversially, that tax havens can promote economic growth. Hines showed that use of tax havens by U.S. multinationals had maximized long-term U.S. exchequer tax receipts, at the expense of other jurisdictions. Hines is the most cited author on the research of tax havens, and his work on tax havens was relied upon by the CEA when drafting the Tax Cuts and Jobs Act of 2017.
James Hines was born in Chicago in 1958. He went to Yale University for his B.Sc and M.Sc in 1980. He completed his PhD in Harvard University in 1986. After various teaching and research posts in Princeton University and Harvard University, in 1997 he became Professor of Economics at the University of Michigan. Hines is a research associate of the National Bureau of Economic Research, and a research director of the International Tax Policy Forum. [1] [2]
Hines is the most cited author on research into tax havens, and has co-authored several papers in the § Most important papers on tax havens, including the most cited paper. [3] Hines has testified to Congress on public tax policy on a number of occasions, [4] and is quoted on related issues by the financial media, such as the Tax Cuts and Jobs Act of 2017 ("TCJA"). [5] [6] [7]
In February 1994, Hines and his Harvard PhD student, Eric M. Rice, published their 1990 National Bureau of Economic Research ("NBER") working paper (No. 3477), in the Quarterly Journal of Economics , on the use of tax havens by U.S. multinationals, which contained a number of important findings. [8] [9]
The 1994 Hines-Rice paper is recognised as the first important paper into BEPS and tax havens, [10] [18] and it is the most cited research paper in history on tax havens. [3] The 1994 Hines-Rice paper has been cited by all subsequent most cited research papers into tax havens, including by Desai, [19] Dharmapala, [20] Slemrod, [21] and Zucman. [13] [22]
The two most recent U.S. congressional investigations into tax havens: the 2008 investigation by the Government Accountability Office, [23] and the 2015 investigation by the Congressional Research Service, [24] identify the 1994 Hines-Rice paper as the first credible list of global tax havens, and the first quantitative analysis of what constitutes a tax haven.
His subsequent 2007–2011 papers on tax havens showed that major tax havens, including Ireland, Singapore, Bermuda, Luxembourg, Hong Kong, were well governed and prosperous economies, [25] from being tax havens: Tax havens are successful players in the world economy. [26] [27] He also asserted that tax havens could stimulate economic activity in nearby high-tax countries, by addressing issues in their tax systems, [28] [29] however this conclusion has been controversial and has drawn criticism from advocates of tax justice as being supportive of corporate tax avoidance by multinationals. [30] [31] [32]
While Hines always avoided constructing overly specific or quantitative definitions of a tax haven, because of the variability in the types of economies that he had identified as tax havens, Hines does use a general definition that he employed during research with fellow tax-haven expert, Dhammaka Dharmapala, in 2009: [20]
Tax havens are typically small, well-governed states that impose low or zero tax rates on foreign investors.
In November 2017, Hines was awarded the Daniel M. Holland Medal by the National Tax Association for his work, [34] the second youngest winner in the medal's history. [35]
In December 2017, his papers were cited by Harvard Professor Mihir A. Desai as ones that: changed the field and provided the roadmap for much of the next thirty years. [34]
As well as his work on BEPS and on tax havens, Hines is known for research into how U.S. corporate taxation, and the marginal rate of U.S. corporation tax, drives the behaviours of U.S multinationals. Hines has been a strong advocate of moving the U.S. to a "territorial" tax model. [36] In 2016, Hines, working with German academics, showed that German multinationals make little use of tax havens because the German corporate taxation system follows a "territorial" model. [37] Hines cites the example of Ireland, a country featured on all of Hines' tax haven lists, which has rarely attracted firms from "territorial" taxation systems.
His research in this area was cited, although sometimes controversially so, by the Council of Economic Advisors ("CEA") in drafting the TCJA legislation in 2017; [38] and advocating for reducing U.S. corporate taxes and moving to a hybrid "territorial" tax system framework, in order to drive U.S employment and wage growth. [39]
Because it is cited as the first coherent academic list of tax havens, the 41 jurisdictions from Appendix 2 in Hines-Rice (1994) are listed below, in the three sub-categories Hines-Rice used. The 7 major tax havens identified by Hines-Rice, who represent over 89% of tax haven GDP, are marked with a dagger (†). [8]
Hines-Rice note that the U.S. IRS had identified 29 of their list as potential tax havens in 1987:
Hines-Rice note that Beauchamp had identified 7 of their list as potential tax havens in 1983:
Hines-Rice note that Doggart had identified 5 of their list as potential tax havens in 1983:
In a 2010 research paper, Hines produced a revised list of 52 tax havens, and also a method of quantifying and ranking the largest of them (Hines did not rank the whole list). [26] Only two of the ten largest havens in Hines' 2010 list appeared in the OECD's 2000 list of tax havens (by 2017, the OECD list only contained Trinidad & Tobago). [40] A major quantitative study in July 2017 study by the University of Amsterdam's CORPNET group, produced a list of havens that matched nine of the ten largest havens in Hines' list, but split into two types of haven: Conduit and Sinks. [41] Another major quantitative study in June 2018 by Gabriel Zucman (et alia), produced a list whose ten largest havens also matched nine of Hines' top ten havens from 2010. [13] Zucman calculated that Ireland had now become the largest of the ten major havens (Ireland's largest firms, Apple, Google and Facebook were smaller in 2010). [42]
Ten largest havens, as specifically estimated by Hines, from the Hines 2010 list of 52 tax havens: [26]
(*) Identified as one of the largest 10 corporate tax havens on the Zucman-Tørsløv-Wier 2018 list in 2018 (Cayman and the British Virgin Islands appear as Caribbean). [13]
(†) Identified as one of the 5 Conduits (Ireland, Singapore, Switzerland, the Netherlands, and the United Kingdom), by CORPNET in 2017.
(‡) Identified as one of the largest 5 Sinks (British Virgin Islands, Luxemburg, Hong Kong, Jersey, Bermuda), by CORPNET in 2017.
(Δ) Identified on the first, and the largest, OECD 2000 list of 35 tax havens (the OECD list only contained Trinidad & Tobago by 2017). [40]
The full list of 52 tax havens from the Hines 2010 list, are shown below (Hines did not rank the full list, only the largest):
(†) Identified as one of the 5 Conduits by CORPNET in 2017; the above list has 4 of the 5.
(‡) Identified as one of the largest 24 Sinks by CORPNET in 2017; the above list has 21 of the 24.
(↕) Identified on the European Union's first 2017 list of 17 tax havens; the above list contains 8 of the 17. [43]
(Δ) Identified on the first, and the largest, OECD 2000 list of 35 tax havens (the OECD list only contained Trinidad & Tobago by 2017); the above list contains 34 of the 35. [40]
The following are the most cited papers on tax havens as ranked on the IDEAS/RePEc economic papers database, [3] of the Federal Reserve Bank of St. Louis, over the last 25 years.
As well as being the most cited individual author on tax havens, Hines has authored or co-authored five of the ten most referenced papers on tax havens. [3]
Rank | Paper | Journal | Vol-Issue-Page | Author | Year |
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1 | Fiscal Paradise: Foreign tax havens and American Business [8] | Quarterly Journal of Economics | 109 (1) 149-182 | James Hines, Eric Rice | 1994 |
2 | The demand for tax haven operations [19] | Journal of Public Economics | 90 (3) 513-531 | Mihir A. Desai, C F Foley, James Hines | 2006 |
3 | Which countries become tax havens? [20] | Journal of Public Economics | 93 (9-10) 1058-1068 | Dhammika Dharmapala, James Hines | 2009 |
4 | The Missing Wealth of Nations: Are Europe and the U.S. net Debtors or net Creditors? [22] | Quarterly Journal of Economics | 128 (3) 1321-1364 | Gabriel Zucman | 2013 |
5 | Tax competition with parasitic tax havens [21] | Journal of Public Economics | 93 (11-12) 1261-1270 | Joel Slemrod, John D. Wilson | 2006 |
6 | What problems and opportunities are created by tax havens? [44] | Oxford Review of Economic Policy | 24 (4) 661-679 | Dhammika Dharmapala, James Hines | 2008 |
7 | In praise of tax havens: International tax planning and foreign direct investment | European Economic Review | 54 (1) 82-95 | Qing Hong, Michael Smart | 2010 |
8 | End of bank secrecy: An Evaluation of the G20 tax haven crackdown | American Economic Journal | 6 (1) 65-91 | Niels Johannesen, Gabriel Zucman | 2014 |
9 | Taxing across borders: Tracking personal wealth and corporate profits | Journal of Economic Perspectives | 28 (4) 121-148 | Gabriel Zucman | 2014 |
10 | Treasure Islands [26] | Journal of Economic Perspectives | 24 (4) 103-26 | James Hines | 2010 |
Corporate haven, corporate tax haven, or multinational tax haven is used to describe a jurisdiction that multinational corporations find attractive for establishing subsidiaries or incorporation of regional or main company headquarters, mostly due to favourable tax regimes, and/or favourable secrecy laws, and/or favourable regulatory regimes.
IDA Ireland is the agency responsible for the attraction and retention of inward foreign direct investment (FDI) into Ireland. The agency was founded in 1949 as the Industrial Development Authority and placed on a statutory footing a year later. In 1969 it became a non-commercial autonomous state-sponsored body. Today it is a semi-state body that plays an important role in Ireland's relationship with foreign investors, with multinationals accounting for 10.2% of employment and 66% of Irish exports. The agency partners with investors to help them to begin or expand their operations in the Irish market. It provides funding support to research and development projects, and has a number of direct support mechanisms, including employment and training grants.
Tax competition, a form of regulatory competition, exists when governments use reductions in fiscal burdens to encourage the inflow of productive resources or to discourage the exodus of those resources. Often, this means a governmental strategy of attracting foreign direct investment, foreign indirect investment, and high value human resources by minimizing the overall taxation level and/or special tax preferences, creating a comparative advantage.
Ireland's Corporate Tax System is a central component of Ireland's economy. In 2016–17, foreign firms paid 80% of Irish corporate tax, employed 25% of the Irish labour force, and created 57% of Irish OECD non-farm value-add. As of 2017, 25 of the top 50 Irish firms were U.S.–controlled businesses, representing 70% of the revenue of the top 50 Irish firms. By 2018, Ireland had received the most U.S. § Corporate tax inversions in history, and Apple was over one–fifth of Irish GDP. Academics rank Ireland as the largest tax haven; larger than the Caribbean tax haven system.
A tax haven is a term, sometimes used negatively and for political reasons, to describe a place with very low tax rates for non-domiciled investors, even if the official rates may be higher.
A tax inversion or corporate tax inversion is a form of tax avoidance where a corporation restructures so that the current parent is replaced by a foreign parent, and the original parent company becomes a subsidiary of the foreign parent, thus moving its tax residence to the foreign country. Executives and operational headquarters can stay in the original country. The US definition requires that the original shareholders remain a majority control of the post-inverted company.
An offshore financial centre (OFC) is defined as a "country or jurisdiction that provides financial services to nonresidents on a scale that is incommensurate with the size and the financing of its domestic economy."
The Double Irish arrangement was a base erosion and profit shifting (BEPS) corporate tax avoidance tool used mostly by United States multinationals since the late 1980s to avoid corporate taxation on non-U.S. profits. It was the largest tax avoidance tool in history and by 2010 was shielding US$100 billion annually in US multinational foreign profits from taxation, and was the main tool by which US multinationals built up untaxed offshore reserves of US$1 trillion from 2004 to 2018. Traditionally, it was also used with the Dutch Sandwich BEPS tool; however, 2010 changes to tax laws in Ireland dispensed with this requirement.
Base erosion and profit shifting (BEPS) refers to corporate tax planning strategies used by multinationals to "shift" profits from higher-tax jurisdictions to lower-tax jurisdictions or no-tax locations where there is little or no economic activity, thus "eroding" the "tax-base" of the higher-tax jurisdictions using deductible payments such as interest or royalties. For the government, the tax base is a company's income or profit. Tax is levied as a percentage on this income/profit. When that income / profit is transferred to another country or tax haven, the tax base is eroded and the company does not pay taxes to the country that is generating the income. As a result, tax revenues are reduced and the government is detained. The Organisation for Economic Co-operation and Development (OECD) define BEPS strategies as "exploiting gaps and mismatches in tax rules". While some of the tactics are illegal, the majority are not. Because businesses that operate across borders can utilize BEPS to obtain a competitive edge over domestic businesses, it affects the righteousness and integrity of tax systems. Furthermore, it lessens deliberate compliance, when taxpayers notice multinationals legally avoiding corporate income taxes. Because developing nations rely more heavily on corporate income tax, they are disproportionately affected by BEPS.
Dutch Sandwich is a base erosion and profit shifting (BEPS) corporate tax tool, used mostly by U.S. multinationals to avoid incurring European Union withholding taxes on untaxed profits as they were being moved to non-EU tax havens. These untaxed profits could have originated from within the EU, or from outside the EU, but in most cases were routed to major EU corporate-focused tax havens, such as Ireland and Luxembourg, by the use of other BEPS tools. The Dutch Sandwich was often used with Irish BEPS tools such as the Double Irish, the Single Malt and the Capital Allowances for Intangible Assets ("CAIA") tools. In 2010, Ireland changed its tax-code to enable Irish BEPS tools to avoid such withholding taxes without needing a Dutch Sandwich.
Gabriel Zucman is a French economist who is currently an associate professor of public policy and economics at the University of California, Berkeley‘s Goldman School of Public Policy. The author of The Hidden Wealth of Nations: The Scourge of Tax Havens (2015), Zucman is known for his research on tax havens and corporate tax havens.
Leprechaun economics was a term coined by economist Paul Krugman to describe the 26.3 per cent rise in Irish 2015 GDP, later revised to 34.4 per cent, in a 12 July 2016 publication by the Irish Central Statistics Office (CSO), restating 2015 Irish national accounts. At that point, the distortion of Irish economic data by tax-driven accounting flows reached a climax. In 2020, Krugman said the term was a feature of all tax havens.
Conduit OFC and sink OFC is an empirical quantitative method of classifying corporate tax havens, offshore financial centres (OFCs) and tax havens.
Apple's EU tax dispute refers to an investigation by the European Commission into tax arrangements between Apple and Ireland, which allowed the company to pay close to zero corporate tax over 10 years.
Modified gross national income, Modified GNI or GNI* was created by the Central Bank of Ireland in February 2017 as a new way to measure the Irish economy, and Irish indebtedness, due to the increasing distortion that the base erosion and profit shifting ("BEPS") tools of US multinational tax schemes were having on Irish GNP and Irish GDP; the climax being the July 2016 leprechaun economics affair with Apple Inc.
Feargal O'Rourke is an Irish accountant and corporate tax expert, who is the managing partner of PwC in Ireland. He is considered the architect of the Double Irish tax scheme used by U.S. firms such as Apple, Google and Facebook in Ireland, and a leader in the development of corporate tax planning tools, and tax legislation, for U.S. multinationals in Ireland.
Ireland has been labelled as a tax haven or corporate tax haven in multiple financial reports, an allegation which the state has rejected in response. Ireland is on all academic "tax haven lists", including the § Leaders in tax haven research, and tax NGOs. Ireland does not meet the 1998 OECD definition of a tax haven, but no OECD member, including Switzerland, ever met this definition; only Trinidad & Tobago met it in 2017. Similarly, no EU–28 country is amongst the 64 listed in the 2017 EU tax haven blacklist and greylist. In September 2016, Brazil became the first G20 country to "blacklist" Ireland as a tax haven.
Dhammika Dharmapala is an economist who is the Paul H. and Theo Leffman Professor of Law at the University of Chicago Law School. He is known for his research into corporate tax avoidance, corporate use of tax havens, and the corporate use of base erosion and profit shifting ("BEPS") techniques.
The global minimum corporate tax rate, or simply the global minimum tax, is a minimum rate of tax on corporate income internationally agreed upon and accepted by individual jurisdictions. Each country would be eligible to a share of revenue generated by the tax. The aim is to reduce tax competition between countries and discourage multinational corporations (MNC) from profit shifting to achieve tax avoidance.
Tax Havens by Most Cited
"Are these fanciful numbers? It is a mistake to dismiss them because everyone agrees the mechanism sounds right," said James Hines, a professor at University of Michigan Law School, whose work is cited by the CEA.
We identify 41 countries and regions as tax havens for the purposes of U. S. businesses. Together the seven tax havens with populations greater than one million (Hong Kong, Ireland, Liberia, Lebanon, Panama, Singapore, and Switzerland) account for 80 percent of total tax haven population and 89 percent of tax haven GDP.
It focuses particularly on the dominant approach within the economics literature on income shifting, which dates back to Hines and Rice (1994) and which we refer to as the "Hines-Rice" approach.
Concerning the characterization of tax havens, we follow the definition proposed by Hines and Rice (1994) which has been recently used by Dharmapala and Hines (2009). A tax haven is defined as a location with low corporate tax rates, banking and business secrecy, advance communication facilities and self-promotion as an offshore financial centre (Hines and Rice, 1994, Appendix 1 p. 175)
Such profit shifting leads to a total annual revenue loss of $200 billion globally
New Gabriel Zucman study claims State shelters more multinational profits than the entire Caribbean
Finally, we find that US firms with operations in some tax haven countries have higher federal tax rates on foreign income than other firms. This result suggests that in some cases, tax haven operations may increase US tax collections at the expense of foreign country tax collections.
The [Hines] study said "a large body of economic research over the last 15 years" contradicted the popular view that offshore centres erode tax collections, divert economic activity and otherwise burden nearby high-tax countries.
Figure D: Tax Haven Literature Review: A Typology
Table 1: Jurisdictions Listed as Tax Havens or Financial Privacy Jurisdictions and the Sources of Those Jurisdictions
Table 1. Countries Listed on Various Tax Haven Lists
Table 1: 52 Tax Havens
ABSTRACT: Per capita real GDP in tax haven countries grew at an average annual rate of 3.3 percent between 1982 and 1999, which compares favorably to the world average of 1.4 percent.
There are roughly 45 major tax havens in the world today. Examples include Andorra, Ireland, Luxembourg and Monaco in Europe, Hong Kong and Singapore in Asia, and the Cayman Islands, the Netherlands Antilles, and Panama in the Americas.
Some economists champion tax havens. In an article in the Journal of Economic Perspectives published last fall (also titled "Treasure Islands"), James R. Hines Jr. of the University of Michigan argued that they contribute to financial market competition, encourage investment in high-tax countries and promote economic growth. Like many economists, Professor Hines expresses far more confidence in the market than in the state. He worries more about possible overtaxation than about undertaxation of corporate income. He does not enage with such concepts as "tax justice."
First, many these claims rest heavily on work done by James Hines of the University of Michigan and a few others – research that is fatally flawed.
According to economics professor James Hines, tax havens serve as healthy competition for high-tax countries, nudging them toward less-restrictive financial policy. By providing alternatives to tightly controlled financial sectors, Hines wrote in a 2010 paper, tax havens discourage regulations that act as "a drag on local economies."
"We are so out of step with the rest of the world right now. It is important for us to adopt a territorial system," said University of Michigan Law School Professor James Hines.
Germany taxes only 5% of the active foreign business profits of its resident corporations. [..] Furthermore, German firms do not have incentives to structure their foreign operations in ways that avoid repatriating income. Therefore, the tax incentives for German firms to establish tax haven affiliates are likely to differ from those of U.S. firms and bear strong similarities to those of other G-7 and OECD firms.
But the CEA did not misinterpret the Desai, Foley, and Hines paper.
Applying Hines and Rice's (1994) findings to a statutory corporate rate reduction of 15 percentage points (from 35 to 20 percent) suggests that reduced profit shifting would result in more than $140 billion of repatriated profit based on 2016 numbers.
TAX HAVENS: 1.Andorra 2.Anguilla 3.Antigua and Barbuda 4.Aruba 5.Bahamas 6.Bahrain 7.Barbados 8.Belize 9.British Virgin Islands 10.Cook Islands 11.Dominica 12.Gibraltar 13.Grenada 14.Guernsey 15.Isle of Man 16.Jersey 17.Liberia 18.Liechtenstein 19.Maldives 20.Marshall Islands 21.Monaco 22.Montserrat 23.Nauru 24.Net Antilles 25.Niue 26.Panama 27.Samoa 28.Seychelles 29.St. Lucia 30.St. Kitts & Nevis 31.St. Vincent and the Grenadines 32.Tonga 33.Turks & Caicos 34.U.S. Virgin Islands 35.Vanuatu
New Gabriel Zucman study claims State shelters more multinational profits than the entire Caribbean
The 17 countries on the European list are American Samoa, Bahrain, Barbados, Grenada, Guam, South Korea, Macau, the Marshall Islands, Mongolia, Namibia, Palau, Panama, St Lucia, Samoa, Trinidad & Tobago, Tunisia and the UAE