Treaty on Global Currency Transactions Tax
A Draft. Finalised on 24 January 2002.
The very first draft of a consultative document for discussion prepared by:
Contact
SUMMARY MEMORANDUM ON THE CURRENCY EXCHANGE TAX TREATY
All international forex transactions shall be taxed, including over-the-counter spot and forward transaction and derivatives, at an equal rate. Both the seller and the buyer shall pay the tax, whether at wholesale level (in the inter-dealer markets) or at retail level (banks’ customers). Most of the legal framework defining the tax base is based on the EC 6th VAT Directive, which has thus far provided also a model for Central and Eastern European states, Russia China and many other states. In the case of substitutes for forex transactions, States shall extend the CTT to cover the substitute. Ultimately, however, the CTTO may opt, if necessary, for an exclusive list of forex-related transactions; and an exclusive system of registered actors. States shall refrain from initiating or harbouring tax havens within and outside of financial centres and in the case of potential evasions, agree to close down loopholes and to behave as a regulator for such cases. They will exchange information about all problems to the CTTO in full and seek collective solutions to these problems.
The CTT will be applied according to a two-tier system as devised in the Spahn model, to shield currencies from speculative attacks. The CTTO will designate an admissible spread for fluctuation, within which the general low tax rate will be applied. Any trading price exceeding the threshold will automatically trigger an exchange surcharge at a much higher rate. The basic tax rate will be fixed at 0.1% [or as will be agreed], which will be applied during normal currency transactions. At which time the effective exchange rate transgresses the agreed band, the exchange rate will trigger a surcharge at a high proportional rate of 80% [or as will be agreed]. The threshold is determined by a crawling peg, based on a moving average of currency in relation to a weighed basket of four most relevant currencies for that country. The Two-Tier System, will aim to confiscate windfall gains from over-speculation through the trigger of a higher tax during times of exchange rate turbulence. National taxation authorities will conduct the collection on a national basis in co-operation with central banks and with access to the information of institutions such as the Continuous Link Settlement Bank. CTT is to be payed by the professional intermediaries; if there is no such intermediary (e.g. in a group of companies) than the tax payer will become liable himself. A Country will collect the CTT on all transactions by the banks and other financial actors based within that country, independently of where the transactions take place or are settled. This shall include all related companies e.g. based in off-shore tax havens. When they are dealing with actors from outside the CTT zone, they will have to pay the taxes in full. The responsibility to pay the tax shall this lay with the financial actors themselves, independently of how and where the deal is made and the transaction settled. The tax will thus be collected on actors whose home countries are not taking part in this Treaty, but who make transactions in dealing sites located within the CTT zone or involving currencies of countries and monetary unions belonging to the CTT zone. The CTTO will assist the national authorities to enact changes in the relevant procedures of bookkeeping and rules and principles of forex transactions, including all OTC transactions, to ensure a comprehensive system of tax collection. With a view to fulfilling the aims set out in this Treaty, States agree to allow sharing and transparency of information regarding their forex market activities and taxation.
4 Global Fund and National Freedom of Manoeuvre: As develop countries will contribute 80 % and developing countries 30 % to the CTTO, the remaining 20% or 70% of revenue will be reserved for national use. The national governments are free to determine how they want to use their national share. CTTO Member governments will thus reserve and develop freedoms of manoeuvre and national autonomy through collection of the tax, through the freedom to use their national share of the revenues and by gaining autonomy in economic policy. They will also gain autonomy through taking part in the democratic decision-making of the CTTO, which will allocate the funds to global common goods. A part of the Global Fund (as shall be decided by the Council and the Assembly) will be allocated to the Global Intervention Fund, which may support a currency, which is not traded anymore or is depreciating at an accelerating rate, by buying that currency in sufficient volumes in market prices.
The Council is the main decision making body of the CTTO. The Council, meeting in the composition of the CTTO States will act by majority vote – with voting power from one to three weighed in terms of population – and according to the guidelines put forward in the Treaty. Decisions on matters of substance shall be made by a two-thirds majority of the votes of the Contracting Parties; decisions on other matters shall be made by a simple majority of the votes of the Contracting States present and voting.
The Council will meet on a regular basis. The Chair may invite an emergency meeting at any time, should exceptional circumstances require drastic actions.
A CTTO permanent secretariat will be established in the first phase of the CTT implementation. The secretariat will at first be paid by the participating states in accordance with their UN assessment based share in the budget [or as will be agreed]. Responsibilities shall include:
The Secretariat is accountable to the Council. Its Bi-Annual Report will have to be approved in Assembly. Failure to do so could e.g. lead to the replacement of the three highest Directors of the Secretariat.
The Assembly, which has autonomous powers, holds the Council accountable. It is fully empowered to set motions on any topic related to the CTT or the use of global funds. It determines the budget of the CTTO, as prepared by the Council. If accepted by the Assembly, the Council is obliged to make a decision on that issue, as framed by the Assembly. The Assembly will be comprised of representatives from governments, democratically elected national parliaments and a sample of civil society actors chosen through a screening procedure and lottery. Each government has one representative. Democratically elected national parliaments get from one to five seats depending on the size of population. Civil society actors will get a number of seats, which equals to three quarters of the combined number of seats of the representatives of governments and national parliaments. The Assembly will meet e.g. twice a year, immediately before and at the time of the Council meeting.
6 Phases of Implementation. The Currency Transaction Tax implementation can proceed along a multiple-phased regime. The nature of the phases allows for a grouping of states to establish a collective organisation with capabilities for management of the tax and that could take further actions against tax havens and participate likewise in other initiatives.
Transitional Phase During the transitional phase towards the first phase, the CTTO will be discussed, organised and formulated by a Preparatory Group (of Signatory States).
Entry into force Any Minister of Government can represent their countries at the first International Conference. They should be accompanied e.g. with parliamentary representatives. The first International Conference will be open to the participation of global civil society representatives. This Treaty will enter into force at such time as at least 30 states will have signed and ratified the Treaty and measured by an aggregation of nationally based activities, this grouping of countries will account for at least 20% of global currency markets. Nothing in the Treaty will prevent any state from joining the Organisation providing they are in consent to be bound by Treaty Obligations. To the contrary, all states of the world are invited to join.
First Phase. The activities of the organisation in this first phase will be to accomplish the following activities.
Second Phase. The Organisation shall move into the Second Phase when countries covering at least 90% of transactions within forex markets are actively applying the CTT, and all major financial centres and most other countries have joined the First Phase system. In this phase, the CTTO will examine its identity in deep reflection in order to understand the future of the regime. During this phase, States will collectively decide further action for structural design and affiliation. Representative States will consider whether to pursue more intensive partnerships with pre-existing International Organisations such as the United Nations or the World Bank, and whether it will utilise those forums for discussion of appropriations of international revenues. States may decide otherwise whether the Organisation shall seek Stateship of the UN, say, in the form of, or with the governance of, a would-be Economic Security Council, as proposed by the Commission of Global Governance.
Disputes Any dispute between two or more Contracting States relating to the interpretation or application of this Treaty which is not settled through negotiations within three months of their commencement shall be referred to the Council. The Council may itself seek to settle the dispute or may take recommendations on further means of settlement of the dispute, including referral to the Democratic Assembly or to the International Court of Justice in conformity with the Statute of that Court.
Amendments After the expiry of seven years from the entry into force of this Treaty, any Contracting State may propose amendments thereto. No sooner than three months from the date of notification, the Democratic Assembly, at its next meeting, shall, by a majority of those presents and voting, decide whether to take up the proposal. The Democratic Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants. The adoption of an amendment at a meeting of the Democratic Assembly or at a Review Conference on which consensus cannot be reached shall require a two-third majority of Contracting States.
A Contracting State may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Treaty. The withdrawal shall take effect two years after the date of receipt of the notification, unless the notification specifies a later date.
Treaty on Global Currency Transactions Tax
PREAMBLE
THE HIGH CONTRACTING PARTIES …
RECALLING the far-reaching adverse effects of currency and other financial crises DESIRING to curb the excessive power of short-term transnational capital flows BEARING in mind the differences in national economic situations and the consequent need to have some autonomy in conducting economic policies, without undermining multilateral economic arrangements DESIRING to create revenues that can be used for developmental and other socio-economic purposes that must be determined globally DETERMINED therefore to implement a global currency transactions tax DETERMINED to tackle the emerging problems of tax evasion, including gaining relevant control over and regulating various off-shore tax havens RESOLVED to mark a new, more democratic stage in the process of developing multilateral systems of global economic governance CONFIRMING their attachment to the principles of democracy and the rule of law, which must be applied also to inter- and transnational relations HAVE DECIDED to establish a Currency Transaction Tax and to introduce a Currency Transaction Tax Organisation: HAVE DECIDED to conclude this Convention, and to this end have designated a their Plenipotentiaries: WHO: having exchanged their Full Powers, found in good and due form. HAVE AGREED AS FOLLOWS PART I GENERAL PROVISIONS ARTICLE 1 By this Treaty, the Contracting Parties establish among themselves a CURRENCY TRANSACTION TAX ORGANISATION hereinafter called "the CTTO" and agree to introduce a Currency Exchange Transaction Tax, hereinafter called "the CTT"
PURPOSE OF THE TREATY ARTICLE 2 This Treaty shall aim at the following objectives:
Part II Currency [Exchange] TRANSACTIon Tax ARTICLE 3
TITLE I INTRODUCTORY PROVISIONS ARTICLE 4 Contracting States shall adopt the necessary laws, regulations and administrative provisions so that the Currency Exchange Transaction Tax system enters into force at the earliest opportunity and in accordance with article 27.
TITLE II SCOPE ARTICLE 5 Shall be subject to CTT any currency exchange transaction within the territory of the country by a taxable person whether direct or indirect, on cash or forward, and whether or not by giro.
TITLE III TERRITORIAL APPLICATION ARTICLE 6 For the purposes of this Convention the "territory of the country" shall be the territory of the Contracting State as stipulated in annex I and for the Contracting States of the European Economic an Monetary Union created by the Treaty establishing the European Economic Community, the area of application of that Union.
TITLE IV TAXABLE PERSONS ARTICLE 7 §1 "Taxable person" shall mean any person who carries out, even on an occasional basis, a taxable transaction. §2 For the purpose of preventing evasion, avoidance or abuse, a Contracting State may treat as a single taxable person established in the territory of the country, persons, whether established in the country or not, who, while legally independent, are closely bound to the taxable person by financial, economic and organisational links.
TITLE V TAXABLE TRANSACTIONS ARTICLE 8
§1 "Currency Exchange Transaction" shall mean the exchange as owner of currency of a State for currency of another State. A Contracting State may consider the transactions from the perspective of both taxable persons in an exchange transaction to constitute one single transaction.
§2 For the application of this article the Contracting States of the European Economic and Monetary Union or the States who have a single currency are considered to be a State. §3 "Currency of a State" shall mean the currency, bank notes and coins used as legal tender in a State with the exception of collection items; "collection items" shall be taken to mean gold, silver or other metal coins or bank notes which are not normally used as legal tender or coins of numismatic interest; §4 ''Currency Exchange Transaction" shall also be taken to mean the exchange of currency pursuant to a contract under which commission is payable on the exchange. Where a person acting in his own name but on behalf of another takes part in a currency exchange transaction, he shall be considered to have received and supplied those currencies. §5 "Currency exchange Transactions" shall also be taken to mean transactions in financial instruments, or derivatives thereof, that have equivalent effect as exchange of currency, including exchange transactions of instruments that imply risks proper to the fluctuation in value of currency and including agreed mutual exchanges of assets, substituting for exchanges of legal tender.
TITLE VI PLACE OF TAXABLE TRANSACTIONS ARTICLE 9
§1 The place of a taxable transaction shall be deemed to be
(1) the place where the transferor of the currency has established his business or has a fixed establishment to which the transaction can be allocated or, in the absence of such a place of business or fixed establishment, the place where he has his permanent address or usually resides; (2) the place where the transferee has established his business or has a fixed establishment to which the transaction can be allocated or, in the absence of such a place, the place where he has his permanent address or usually resides, when the transferor is established outside the territory of one of the Contracting States and the transferee is established in the territory of a Contracting State; (4) the place of the payment or settlement, or the place of the dealing or trading, or the place of booking, in that successive order, if such place is situated within the territory of one of the Contracting States ,when the place of the transaction is not according to art 9§1(1) to (3) situated within the territory of one of the contracting States (5) within the Contracting State of which the currency, as meant in art. 8§3, is the currency of the transaction. §2 In order to avoid double taxation a Contracting State shall exempt transactions that are effectively taxed in another State under a CTT or a tax similar to the CTT when the place of the taxable transaction is situated outside the territory of that State according to art 9§1,1.
TITLE VII CHARGEABLE EVENT AND CHARGEABILITY OF TAX ARTICLE 10 §1 "Chargeable event" shall mean the occurrence by virtue of which legal conditions necessary for tax to become chargeable are fulfilled. §2 The tax becomes "chargeable" when the tax authority becomes entitled under the law at a given moment to claim the tax from the person liable to pay notwithstanding that the time of the exchange or the settlement may be deferred. §3 The chargeable event shall occur and the tax shall become chargeable when the payment is received or the settlement of the transaction takes place.
TITLE VIII TAXABLE AMOUNT ARTICLE 11 §1 The taxable amount shall be everything which constitutes the consideration which has been or is to be obtained by the transferor from the transferee or a third party. §2 The taxable amount shall include the gross amount and the incidental expenses. Expenses covered by a separate agreement shall be considered to be incidental expenses.
§3 In the case of cancellation, refusal of total or partial non-payment, or where the price is reduced after the transaction takes place, the taxable amount shall be reduced accordingly under conditions which shall be determined by the Contracting States. However, in the case of total or partial non-payment, Contacting States may derogate from this rule.
TITLE IX RATES ARTICLE 12 §1 The standard rate of tax shall be fixed as a percentage of the taxable amount and shall be [0,025% or 0.1% or as may be agreed]. When a Contracting State has made use of the option of art 8§1,second sentence, the rate is doubled. §2 An increased rate of tax of maximum 80% will be applied to transactions that take place at an exchange rate that transgresses the predetermined band of fluctuation, determined according to §3. §3 The [Council] will establish a band of fluctuation on the basis of a crawling peg system based on the moving average of currency in relation to a weighed basket of the four most relevant currencies for each Contracting State. §4 The rate applicable to taxable transactions shall be that in force at the time of the chargeable event. §5 In the event of changes in the rates, Contracting States may:
§6 Where the taxable person transfers from being taxed in the normal way to a special rate or vice versa, Contracting States may take all necessary measures to ensure that the taxable person neither benefits nor is prejudiced unjustifiably.
TITLE X PERSONS LIABLE FOR PAYMENT ARTICLE 13
TITLE VI SPECIAL SCHEMES FOR TAXATION AT THE WHOLESALE MARKET LEVEL. ARTICLE 14 Contracting States which might encounter difficulties in applying the normal tax scheme to taxable persons by reason of their activities or structure shall have the option, under such conditions and within such limits as they may set but subject to the approval of the Council, of applying simplified procedures such as flat-rate schemes for charging and collecting the tax at the whole sale market level, provided they do not lead to a reduction thereof.
TITLE VII MEASURES TO ENSURE THE CORRECT ARTICLE 15
The Contracting States agree to consider as an integral part of this Treaty, the rules contained in the Treaty on Administrative Co-operation in Tax Matters, concluded in Strassbourg on 25 January 1988 so as to apply these rules mutatis mutandis limited to the CTT. The Contracting States agree to co-operate with the bodies established by the Democratic Assembly upon proposal of the Council for inspection, evaluation and investigation of the application of the CTT The return must set out all the information needed to calculate the tax that has become chargeable and in so far as it seems necessary for the establishment of the tax basis, the total amount of the transactions.
Contracting States shall grant an exemption from tax to taxable persons whose annual taxable amount is at the maximum equal to the equivalent in national currency of 10.000 euro at the conversion rate of the day on which this convention enters into force.
TITLE VIII ADVISORY COMMITTEE ON CTT ARTICLE 16
Part III THE GLOBAL FUND AND The Global ARTICLE 17
PART IV STRUCTURE OF THE CTTO TITLE I COUNCIL OF STATES ARTICLE 18
TITLE II GENERAL DEMOCRATIC ASSEMBLY ARTICLE 19
TITLE III FINANCIAL REGULATIONS ARTICLE 20
PART V FINAL CLAUSES ARTICLE 21 SETTLEMENT OF DISPUTES
Any dispute between two or more Contracting States relating to the interpretation or application of this Treaty which is not settled through negotiations within three months of their commencement shall be referred to the Council. The Council may itself seek to settle the dispute or may take recommendations on further means of settlement of the dispute, including referral to the Democratic Assembly or to the International Court of Justice in conformity with the Statute of that Court.
ARTICLE 22 RESERVATIONS
No reservations may be made on this Treaty. [Nothing in this Treaty shall be construed to restrict an obligation of a Contracting State Party under the Treaty establishing the European Community, concluded on
ARTICLE 23 AMENDMENTS
ARTICLE 24 REVIEW OF THE TREATY
§1 When the Contracting States account for at least [90%] of the Global Currency Exchange Markets as established by the Council, Bureau shall convene a Review Conference to consider any amendments to this Statute. The Conference shall be open to those participating in the Democratic Assembly and on the same conditions. §2 At any time thereafter, at the request of a Contracting State and for the purposes set out in paragraph1, the Secretary-General of the United Nations shall, upon approval by a majority of Contracting States, convene a Review Conference. §3 The provisions of article 23, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.
ARTICLE 25 SIGNATURE,RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION
This Treaty shall be open for signature by all States in New York, at the United Nations Headquarters.
ARTICLE 26 THE PREPARATORY GROUP
ARTICLE 27 ENTRY INTO FORCE
ARTICLE 28 WITHDRAWAL
ARTICLE 29 AUTHENTIC TEXTS
The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposit with the Secretary-General of the United Nations, who shall send certified copies thereof to all States IN WITNESS WHEREOF, the undersigned, being duly authorised there to by their respective Governments, have signed this Statute.
DONE at [----], this [---]day of [----]
|