Tax Evasion, Tax Competition and the Gains From Nondiscrimination: the Case of Interest Taxation in Europe

Abstract

This paper uses a game-tlieoredc approach to analyse the taxadon of interest income in Europe in the presence of tax evasion. The model allows tis to assess the success of various reform proposals. We argue tbat the tax treatment of nonresidents' interest income plays a crucial role. When decisions on discriminatio n and on withholding tax rates are made noncooperadvely, the outcome is similar to a prisoners' dilemma. All countries discriminate, but in equilihrium internationally mobile portfolio capital evades taxation successfully. In contrast, if all governments did not discriminate, tax competition leads to less tax evasion. The integration of capital markets in Europe has hrought various benefits. At the same time, however, governments struggle to contain tax evasion. International capital flight as an attempt to evade taxes is particularly relevant in the area of taxation of interest income. Banking secrecy laws in some EU countries and low tax rates in small countries like Luxembourg, which hoost its role as financial centre, have led to the effective elimination ofthe taxation of interest income for some investors. The Economist speaks, not surprisingly, about 'The Disappearing Taxpayer' (May 31, 1997). Several proposals have been made in order to overcome this situation.' The European Commission supports the introduction of a minimum tax rate and/ or the status of a community resident. Under the concept of a community resident a country's tax on interest income is independent of the residence of the investor (practically realising the source principle). By contrast, a proposal of the OECD (1977) argues in favour of a maximum withholding tax rate on interest income. None of these proposals has been unanimously accepted since gains and losses from non-coordinated policies differ greatly across member states. The main beneficiary of the present situation is Luxembourg which attracts large amounts of foreign capital, in particular from Germany. The United Kingdom opposes any coordination for political reasons and because tax coordination may also threaten London's role as the leading financial centre in Europe. In contrast, Germany sticks to its traditional bank secrecy law which enables resident investors to evade German taxation by investing abroad.