BEPS Policy Failure—The Case of EU Country-By-Country Reporting1

The tax gap between taxes that are “actually” paid and taxes that “ought” to have been paid by multinational corporate entities has become an area of huge public policy concern in the recent decades. This study reviews the impact of new legislation to reveal the tax gap created by the EU banks and financial institutions passed in 2013 and in particular of the quality of the resulting country-by-country reporting (CBCR) requirement for banks. Although resulting tax gap estimates are noted, they suffer due to significant problems in the published data; much of it is due to the quality of the regulation requiring its publication and implementation. The findings reveal a lack of understanding of the technical and structural weaknesses of accounting in a transnational context in the design of this regulation. CBCR is destined to fail in achieving its regulatory objectives in this context unless necessary reform of the regulation is undertaken

Seeing the big PICTURE: A framework for improving the communication of requirements within the Business-IT relationship

The relationship between the business and IT departments in the context of the organisation has been characterised as highly divisive. Contributing problems appear to revolve around the failure to adequately communicate and understand the required information for the alignment of business and IT strategies and infrastructures. This study takes a communication-based view on the concept of alignment, in terms of the relationship between the retail business and IT within a major high street UK bank. A research framework (PICTURE) is used to provide insight into this relationship and guide the analysis of interviews with 29 individuals on mid-high management level for their thematic content. The paper highlights the lessons that can be derived from the study of the BIT relationship and how possible improvements could be made

Global vs. regional approaches to the internationalisation process of Nigerian banks: some preliminary evidences

Research investigating internationalisation process of service firms from developing countries is limited. This paper draws on extant work on internationalisation of the firm, services’ internationalisation and proposes conceptual framework that investigates the internationalisation process of three leading Nigerian banks namely; Zenith Bank Nigeria (ZBN)Plc, First Bank of Nigeria (FBN) Plc and Intercontinental Bank Plc. This work attempts to evaluate the internationalisation process of these financial service firms to the UK market. It seeks to understand the driving forces behind these banks’ motives for internationalisation to UK; the various influences that might have affected their decisions, the several internationalisation routes and strategies they might have followed in doing so; and the next strategies they might adopt in furthering their internationalisation process. This work contributes to some understanding of the reasons why service firms from developing countries internationalising to advanced locations like the UK. The analyses and findings of this study offer unique insights into the internationalisation processes of the three case banks, and examines how their different pathways was determined by a balancing act of leveraging accumulated global and regional strengths to achieved sustained international growth

The Interconnections Between the Shadow Banking System and the Regular Banking System. Evidence from the Euro Area

One of the most important lessons of the global financial crisis has been the deep interconnectedness between the shadow banking system and the regular banking system. These two systems are linked through several channels, of which one of the most important is the financing provided by regular banks to the shadow banking system and vice versa. In addition, regular banks can originate loans that are securitized. Subsequently, part of the securitized instruments may remain on the balance sheet of the originating banks or be found on the balance sheet of other regular banks and shadow banking entities. These links between the two systems can increase contagion and systemic risks, which in turn may affect financial stability. The financial crisis has acutely revealed the negative effects these interconnections can generate. The interconnections are underestimated by the available data because of the difficulties in gathering information on the euro area. Within this context, our paper tries to evaluate and analyze the interconnections between the shadow banking system and the regular banking system within the euro area, both in the pre-crisis period and currently. Finally, some measures to regulate the interconnections between these two systems are raised

National Appointments to Multinational Monetary Policy Making: A Role Conflict?

Territorial appointees to an independent central bank (e.g. District Federal Reserve Banks’ presidents, Governors of national central banks at the ECB’s Governing Council) are liable to confront a “role conflict” stemming from a duality of loyalties and allegiances - to the home regional territory to which they owe the appointment and to the central bank to which they are appointed. This essay examines the issue of two “principals” for a given “agent”, within the framework of a “common agency” model in European monetary policymaking. Territorial appointees cannot afford being unresponsive to their country-specific monetary preferences – as dictated by idiosyncratic social and economic structures, political orientations, cultural factors, and other determinants. Local preferences may conflict with the central bank’s mandated objectives, its social and political environment, the constellation of institutions gravitating in its orbit, which shape a given mindset and culture to which the territorial appointees are also prone to conform.monetary policy, central bank council

Building professional discourse in emerging markets: Language, context and the challenge of sensemaking

Using ethnographic evidence from the former Soviet republics, this article examines a relatively new and mainly unobserved in the International Business (IB) literature phenomenon of communication disengagement that manifests itself in many emerging markets. We link it to the deficiencies of the local professional business discourse rooted in language limitations reflecting lack of experience with the market economy. This hampers cognitive coherence between foreign and local business entities, adding to the liability of foreignness as certain instances of professional experience fail to find adequate linguistic expression, and complicates cross-cultural adjustments causing multi-national companies (MNCs) financial losses. We contribute to the IB literature by examining cross-border semantic sensemaking through a retrospectively constructed observational study. We argue that a relative inadequacy of the national professional idiom is likely to remain a feature of business environment in post-communist economies for some time and therefore should be factored into business strategies of MNCs. Consequently, we recommend including discursive hazards in the risk evaluation of international projects

Financialisation and Capitalist Accumulation : Structural Accounts of the Crisis of 2007-9

The crisis of 2007-9 resulted from a financial bubble marked by weak production, expanding bank assets, and growing household indebtedness. For these reasons the crisis casts light on the financialisation of capitalist economies. The literature on financialisation generally links weak production with booming finance; according to some, causation runs from weak production to booming finance, while for others it runs in the opposite direction. This article argues that there is no direct causation between booming finance and weak production. Rather, financialisation represents systemic transformation of capitalist production and finance, which ultimately accounts for the crisis of 2007-9, and has three main features. First, less reliance of large corporations on banks; second, banks shifting their activities toward mediating in open markets and transacting with individuals; third, increasing implication of individuals in the operations of finance.

The New International Tax Diplomacy

International tax avoidance by multinational corporations is now frontpage news. At its core, the issue is simple: the tax regimes of different countries allow multinational corporations to book much of their income in low-tax or no-tax jurisdictions, and many of their expenses in high-tax jurisdictions, thereby significantly reducing their tax liabilities. In a time of public austerity, citizens and legislators around the world have been more focused on the resulting erosion of the corporate income tax base than ever before. In response, in 2012, the G-20—the gathering of the leaders of the world’s twenty largest economies—launched the Base Erosion and Profit Shifting (BEPS) project, the most extensive attempt to change international tax norms since the 1920s. In the course of the BEPS project, the field of international tax has adopted the institutional and procedural architecture for multilateral action used in international financial law. This Article is the first to ask whether that architecture will work in the international tax context. To answer that question, this Article first applies lessons from the international financial law literature to assess international tax agreements that are now being reached through soft-law instruments and procedures comparable to those that characterize international financial law. This initial analysis, which draws from the experience in international financial law, is largely pessimistic. However, this Article then describes how model tax treaty law—although also a form of soft law—is highly effective, and differentiates the political economy of international tax law from that of international financial law. As a result, a key theoretical point emerges: bifurcating analysis of multilateral efforts to change international tax norms into their Model Treaty-based and non-Model Treaty-based components is necessary in order to understand the new regime for international tax governance. At a more practical level, bifurcating the analysis highlights that observers should expect the Model Treaty-based parts of the BEPS project to be implemented, as well as most parts of the project focused on tax transparency. By contrast, sustained international coordination in implementing other dimensions of the project is doubtful. In reaching these conclusions, the Article contributes to the broader international economic governance literature by using a high-profile example from international tax diplomacy to show how underlying legal institutions affect the prospects for implementation of international regulatory agreements

Chapter 5: Mergers and Competition Policy in Europe

Merger activity is gathering pace in Europe. The policy challenge lies in how to achieve cost-cutting increases in firm size from restructuring in the face of globalisation, while simultaneously maintaining sufficient competition. This requires that obstacles to hostile and cross-border mergers be removed, while care is taken not to promote European champions that end up being effectively protected from bankruptcy. Competition policy should not enforce low concentration in natural oligopoly industries, where only a small number of firms can survive. The 2004 reform of the merger control procedures in the EU was a step in the right direction. But further checks and balances should be introduced, and the lobbying influences by national governments and large firms minimised. One possibility would be to create an administrative panel, independent of prosecutors and investigators, that gives a public recommendation to the Commission or even takes final decisions. Failing this, a debate should be opened about the need for an independent European competition agency similar to the US Federal Trade Commission.