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Who knows, who cares?

by Dennis Howlett on December 31, 2008

monkeysAs I’m getting ready to close out this annis horribilis I read this beautfiully crafted piece from Alan Rusbridger, editor in chief of The Guardian. It candidly chronicles the issues surrounding its botched reporting of Tesco’s tax avoidance schemes in the middle of 2008 and the difficulties the paper had in unraveling the story. While Alan doesn’t play up the points, a few nuggets are worthy of mention:

Some of the most critical developments concerning economics, security, the environment, and social policy are immensely complex and worthy of careful explanation. But they do not necessarily sell newspapers. News organizations in the Western world, struggling with declining audiences and revenue, are shedding journalists, closing down foreign operations, and cutting costs. But they are also increasingly inhibited by efforts—of government officials and of private corporations—to prevent them from protecting sources or from carrying out difficult investigations. Many minds are rightly focused on the regulatory, economic, technological, and legal issues that news organizations committed to serious journalism should be addressing.

It is a sad fact of life that the things which are of interest to me in this realm will never garner a mass audience. To many people, the topic of ethics in the profession are too divorced from the day to day realties people face. Matters not. And I won’t shed any tears for the demise of dead tree technology. Yet there is a certain truth in his assertions. In order to properly uncover some of these highly technical stories, media needs expertise. It turns out The Guardian didn’t have that expertise to hand for the story it was trying to uncover. As becomes clear in Alan’s account, a strategy of partial obfuscation was always going to keep The Guardian at least one step removed from the truths they were endeavoring to understand and expose:

Essentially, the only people qualified to produce wholly authoritative libel-proof assurance are the very people involved in constructing the strategies under scrutiny. They do not come cheap—and many of them have conflicts of interest.[4] Some would give advice in private, but would not speak in public or in court.

It is hardly surprising Tesco employed a particularly aggressive set of tactics in an effort to not only muzzle The Guardian, but effectively warn it off from attempting further investigative reporting. Even so, Tesco itself incurred significant costs in interpreting its own information such that it could be made available for public consumption. Such is the state of tax planning in the UK that Alan concludes:

The truth is that the advanced tax planning undertaken today by most global companies is as intelligible to the average person as particle physics. This state of incomprehension extends to most journalists, editors, parliamentarians, and, importantly, company directors themselves—executive and nonexecutive.

He is right. I reckon I’m a reasonably smart fellow when it comes to understanding tax schemes – heck I had a bit of a career in that regard many years ago. But I recall many a conversation with Richard Murphy around that time attempting to grasp the implications of what was going on. The fact is when the accountants and lawyers choose to make life opaque, they’re darned good at it. That doesn’t make it right but serves to make it incomprehensible to all but the sharpest minds. The same goes for media endeavoring to untangle the global financial crisis. As Francine McKenna so eloquently put it on audit matters:

The mainstream media demonizes “bad” mortgages, especially if they were given to “marginal” people.  They demonize greedy CEOs.  Well, you’re getting closer.  They demonize the ratings agencies.  Does the average consumer with a 12 year old financial education know who or what the ratings agencies do?   They tried to demonize “fair value accounting,” but no one in Congress really understood what the hell anyone else was talking about so it was hard for the Senators and Congress-people to shout down an accounting standard.  It’s just as well they didn’t try to demonize the Big 4.  Those still watching network news for their updates have no idea of their role either.

It’s not that media doesn’t try. Goodness knows it does its best in a world dumbed down by sound bites. Alan’s essay is testament to that. The harsh reality is that independent experts prepared to do the hard work for the public good are in very, very short supply. If in reading this you’re getting bored with my continuing to mention Francine and Richard then that’s telling you something about the lack of heroes prepared to put their head above the parapet and use their skills to unpack the real story. And if you’re thinking ‘What about Woodward and Bernstein?’ then remember they had ‘Deep Throat’ to guide them all the way. You are very unlikely to find those types of character prepared to come forward in the multi-billion dollar tax and audit world.

Collectively and with others like Prem Sikka, we have voices that are increasingly being heard. We may have slightly different agendas but on one thing I am certain we are agreed. The profession is at real risk of being relegated to history as an artefact of a bygone age. It doesn’t have to be that way. I’ve always held the view that professionals have a pivotal role to play in guiding business. But…the profession has to change. Allowing itself to be bulldozed is not a great starting point.

My hope for 2009 is that the transparency so many of us have been screaming for will finally start to become a meaningful concept in the context of business that has become dangerously opaque. If we see progress on that front, then perhaps it will become much easier to explain what’s happening to the public and in so doing, bring attention to matters which affect us all.

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  • This is further illustration of the symbiotic big government and big business. They feed off each other. Meanwhile, it is the small business where all the creativity and innovation that spurs the economy. We should pause and consider the success of the entrepreneur in light of the overwhelming odds against it!

    Viva l'entrepreneur!
  • Rusbridger might have more credibility if he bothered to mention to his readers that the Guardian Media Group, on whose board he sits, has also - quite legally - engaged in complex planning to minimise its own tax liability.
  • Indeed, and even more credibility if Rusbridger had revealed that the complex planning was to minimise liability to Stamp Duty....as was Tesco's.
  • @richardbg @tim: what have your comments got to do with the essence of Rusbridger's essay? Have you people got any clue about the importance of the topic? Is it your best to throw brickbats at the messenger who admits to difficulty in understanding the problems of reporting? Shame on you.
  • @Dennis: If Rusbridger was truly interested in bringing to public attention the complexity of modern tax planning, he could easily, cheaply and without worry of litigation, have commissioned a detailed article on the practices employed by GMG. Had he wished, he could have used an angle that showed how ludicrous he thought things were getting. He could have said that it was terrible that even fine, upstanding organisations such as the GMG feel they have to engage in such schemes. He could have implied that other companies were doing things even more egregious.

    However, he didn't do this.

    Instead, he commissioned "a best-selling author of studies of food production and migrant labor", to write an article on Tesco. I am expected to believe that he was surprised when the resulting article turned out to be inaccurate and critical.

    You are, of course, correct that this is an important and interesting topic. But don't pretend that Rusbridger is some sort of standard-bearer for innocence and truth.
  • @richardgb: I am not pretending at all. If you read carefully you might find that I am calling into question the difficulty with which the 'man in the street' 'Joe the plumber' - whatever you want to call him, has genuine access to information that is of importance to us all.

    I will admit I have no insight into Rusbridger's mind but I am prepared to take at face value what I interpret as a fair exercise in explaining just how hard it is to get facts together in a form we can all understand. As Rusbridger said: (paraphrased for this purpose) expertise needs to be finely honed in order to dissect let alone comprehend the reality of tax avoidance.

    As a person who once made a handsome living that way I know only too well of which he speaks.
  • @dennis: I think we are in agreement about the value of being able to explain complicated issues in a straightforward and accurate way. Unfortunately, Rusbridger - and the Guardian - are tainted by hypocrisy. This makes them unsuitable leaders for this cause.

    However, I would support your campaign to bring to wider public attention the complexities of modern taxation. It is a fascinating topic and one that would be eye-opening to many.

    You should be careful, though... don't assume everybody will reach the same conclusions as you. The more people hear about tax avoidance, the more they are reminded about taxation in general - and its flip-side, government spending... truly an area deserving of greater scrutiny.
  • @richardgb: It would seem we are probably on two ends of the same see-saw.

    I am only too well aware that when a person takes a position, others will seek to chop it down and the prime weapon is one that seeks to distract through arguments that deflect. Unfortunately, that axe usually often shows itself to be somewhat blunt, tainted as it often is with its own flavour of hypocrisy.

    Even so, the counter discussion around big/small/whatever government is not something from which I would shirk. Check what I've had to say in the past about HMRC BS, ineptitude etc.

    Better still, check Tony Collins at CW and his 10+ year campaign on government IT project failures, a topic around which I have some knowledge.
  • I've made the point in comments on Richard Murphy's blog before now, that tax avoidance is fed by government spending policy.

    When taxpayers see John Prescott with two Jaguars, when politicians seem to do nothing but call each other names, that's enough to make anyone say, "What am I paying tax for?"

    Some of my fellow Quakers choose to withhold the portion of their tax that will be spent on defence. I haven't chosen to do that. But I do think that if "the man in the street" could have more say in how taxpayers' money is spent, there might be less tax avoidance.

    M
  • @emily: interesting though that idea may be, there is no evidence to suggest what you're saying is true. Back in the day (as they say) I had a client who told me that if tax was 1/2% he'd still want to avoid it. And we did. He was a devout Catholic who tithed.
  • "@richardbg @tim: what have your comments got to do with the essence of Rusbridger’s essay? Have you people got any clue about the importance of the topic? Is it your best to throw brickbats at the messenger who admits to difficulty in understanding the problems of reporting? Shame on you."

    The essence? That Rusbridger and his journalists did an appalling job on that story. When I blogged it when it came out I had comments within the hour telling me that they'd ballsed it up. It really isn't that the story was that complicated. It was those reporting it didn't have the first clue.

    The importance of the topic? I make my living (or at least a decent chunk of it) writing about economics, taxes and the rest of it. Sure I know how important it is. Which is precisely why I'd like to see people doing it rather better. A few pieces I'd like to see in, say, The Guardian. What is tax incidence and what is the incidence of corporation tax? Why are we making people who earn minimum wage pay income tax? Richard Murphy's missing billions and the tax gap. Why aren't people prepared to point out his logical error? That a difference between headline rate and effective rate does not mean either avoidance or evasion: it can (and certainly does in part) mean that people are using the allowances that Parliament has expressly created for them to use.

    Picture this. What would one of your actions be if you were working for a large media organisation researching a tax story? One of mine would be to go to that media organisations internal tax accountants and ask, "Err, have I got this right?". As an editor I'd certainly ask the in house boffins to look it over. Neither happened. This isn't "problems of reporting" this is "problems with reporters and editors."
  • Funny timing - back on my side of the pond the Toronto Star has this letter from the publisher - on page 1 - talking about their commitment to more investigative journalism and all the other good stuff you're calling for: http://www.thestar.com/news/gta/article/560544

    Interestingly enough, the Star is run according to the wishes of its founder's will... details nicely summarized here: http://en.wikipedia.org/wiki/Toronto_Star#Atkin...
  • Alan says "advanced tax planning undertaken today by most global companies is as intelligible to the average person as particle physics."

    In fact most tax planning schemes are equally hard to follow. This includes those punted at owner managers, company directors, property developers and everyone else keen to reduce their liability to IHT, NICs, CGT and SDLT. As a result the promoters of such schemes will often tap into the taxpayer's greed and suggest that their accountant is 'only' a general practitioner and 'this is all a bit beyond what they're used to really'. They suggest that accountants who don't follow them should simply trust the promoters. Occasionally the lure of a healthy commission takes over.....

    As I have pointed out elsewhere this is a dangerous route for any accountant to follow. Many prefer to either:
    a) only work with genuinely independent and objective tax specialists; or
    b) NOT get involved in promoting abusive avoidance schemes to their clients.

    Either approach is justifiable. The professional bodies discourage their members from advising on matters that are outside of their comfort zones. Contrary to the impression given by some promoters, an accountant will never be found negligent for failing to tell clients about the availability of sophisticated schemes he doesn't understand. And there is no obligation on him to devote time and effort trying to work them out either.
  • alastair
    You might argue that programming a computer is equally complex. In fact it is not if you are expert in it, and surely that is the point. Tax planners, computer programmers, quantum physicists, etc, are skilled at what they do - they gain an income from exploiting that skill, because there are people willing to pay them for it.

    Is it possible to explain the essence of such complex things clearly - why yes of course it is - and that is a skill that some are able to exploit to make a living from.

    The guardian tesco thing seemed to be more about the demonisation of tax avoidance and tax planning that Gordon and his mob are trying to engineer - tesco was simply trying to manage the political risk. the guardian was hoist by its own hypocracy - quite right to. I don't buy that the guardian did not have the expertise - sounds like no more than a rather pathetic excuse.
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