AVARUA, Cook Islands — The tiny South Pacific nations of Nauru, Vanuatu and the Cook Islands aren’t household words in the United States. Yet, in Congress, the focus is increasing on them, along with Samoa and 30 other juris-dictions around the world.
Although the islands are romantic getaways, Internal Revenue Service court filings show they also are probable tax havens.
They are among the places where it’s suspected that U.S. citizens are hiding possibly trillions of dollars a year, resulting in an estimated annual loss to the U.S. Treasury of more than $100 billion — up to $70 billion of that reportedly hidden by individuals.
According to two bills making their way through the House and Senate, the money is being hidden or used in bank accounts, phony trusts, shell corporations, and stock and patent activities that have no purpose other than to avoid U.S. taxes. The complexity of the transactions and the secrecy provided by these foreign jurisdictions make it difficult to tally the amounts involved and trace the money flow.
The proposed legislation suggests changes in U.S. tax laws to make U.S. investors more accountable and to pave the way for sanctions, under the USA Patriot Act, against nations providing such secrecy in their corporate, bank and tax laws that U.S. tax authorities can’t access needed information. Penalties against the U.S. peddlers of foreign tax shelters — unethical bankers, tax accountants, lawyers and investment advisers — also are proposed.
These South Pacific countries and two more, Niue and Tonga, are targeted for the same reasons by the international Organization for Economic Cooperation and Development. As a result of an OECD report on harmful tax practices in 2000, the islands have given the United States and other members more transparency of their services.
In February, the Stop Tax Haven Abuse Act was introduced by Sen. Carl Levin, Michigan Democrat and chairman of the Homeland Security and Governmental Affairs investigations panel. The bill was co-sponsored by Sens. Norm Coleman, Minnesota Republican, and Barack Obama, Illinois Democrat and 2008 presidential hopeful. The bill has been referred to the Senate Finance Committee.
A related House bill was introduced May 3 by Rep. Lloyd Doggett, Texas Democrat, with 42 co-sponsors. It’s now in the Ways and Means, Financial Services, and Judiciary committees.
The income levels and sources in these tiny nations give insight into why tax shelters are aggressively marketed to U.S. investors. The Cook Islands narrowly avoided bankruptcy a few years ago. Financial services for foreigners have become the second highest source of national income, with seven trust companies there paying millions of dollars in annual fees to the local government.
In most of these island countries, the people are living a traditional subsistence lifestyle. They rely heavily on foreign aid, mostly from New Zealand, and on money sent by family members who have found better opportunities elsewhere. Some of the islands lack the means to fully operate their public services. They have a low standard of education, a lack of skilled workers, a population draining to Australia and New Zealand, high unemployment, huge trade imbalances and massive foreign debt. Every few years, their homes, schools and agriculture are wiped out by tropical storms.
Marketing investment strategies to foreigners is expanding as a revenue source in an economy largely driven by tourism and exports of fish, coconut products, pineapples, bananas, taro and citrus.
Each of the nations has gained a version of at least some independence and is struggling to make its own way in the world.
The 15 Cook Islands, lying between Fiji and Tahiti, were once a British protectorate and were later administered by New Zealand. Now the islanders are self-governing in free association with New Zealand, which consults on foreign affairs. The islands are home to 21,800 people.
Nauru, south of the Marshall Islands, is one of the world’s smallest independent republics. It was a German protectorate and, after World War II, was under a trusteeship of New Zealand, Australia and Britain. Since 2001, Nauru has operated as a detention center for refugees seeking asylum in Australia, in return for Australian aid. Phosphate mining by a foreign consortium has left most of the island barren. The country lacks the funds to carry out many basic government functions and faces bankruptcy. Ninety percent of its 13,500 people are unemployed.
Niue, formerly Savage Island, lies about 1,500 miles northeast of New Zealand, and is one of the world’s biggest coral islands. Like the Cook Islands, it is self-governing in free association with New Zealand.
Samoa, once called Western Samoa, just west of the Cook Islands, was the first Polynesian nation to regain independence in the 20th century. It had been a German protectorate and later a New Zealand territory.
The kingdom of Tonga, previously known as the Friendly Islands, lies about two-thirds of the way from Hawaii to New Zealand. It is the only monarchy in the Pacific and has retained its native system of government.
Vanuatu, the former New Hebrides, is a republic located about three-quarters of the way from Hawaii to Australia. It was administered by the British and French, until it gained independence in 1980 and adopted its new name. The population of 212,000 is spread over 80 islands.
With their coral beaches, turquoise water and slow, tropical pace of life, these tiny countries can make wonderful places to vacation and conduct legitimate business. But some business consultants advise clients that because of the islands’ reputations in U.S. courts, investors would have a hard time convincing a judge that any financial activity set up there was not to avoid U.S. taxes.
• Julie Pendray is a freelance writer based in Southern California.
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