Tomorrow will mark another milestone in the long meandering path towards a international financial transaction tax, otherwise known as the Tobin tax.What exactly will happen? Well the European Commission, the EUâs executive arm, will approve a proposal that paves the way for an avande-garde of member states to agree their own Tobin regime. In EU jargon, itâs a proposal authorising âenhanced cooperationâ.
Ironically the step forward will come in the shape of a legal admission of defeat, a formal acceptance that there is at present no consensus for a pan-EU levy, let alone enough for a global one.It is largely a formality.
But it means the 11 EU countries that want the levy will be one procedure closer to setting up their own Tobin tax. Such breakaway groups are considered a last resort under EU rules, so any enhanced cooperation must clear various legal hurdles, including proof that a pan-EU deal is impossible for now.
According to one draft proposal kindly passed to the FT, the commission has unsurprisingly found that the conditions are ripe for the 11 to start cooperation talks. This is likely to be endorsed by a meeting of finance ministers in November. No tax proposal has ever gone to enhanced cooperation, so it is a moment of sorts in the Brussels bubble.
What comes next will be more controversial. As you can see from the document, the proposal does not touch on what the details of the tax, apart from saying it should be broadly based on the commissionâs existing proposal. The original proposal aimed to levy the transaction tax on any entities based within the FTT area that trade a financial instrument. This would mean a German bank trading in London would in theory be hit by the levy, but that two US banks trading a German stock would not. While there are some issues of implementation, financial centres are largely unconcerned about this tax design, as they expect it to drive more trading business outside the FTT area.
The commission proposal does mention, however, the potential for the enhanced cooperation plan to tighten up the tax design. âThrough a regime along the lines of the original commission proposal it would be possible to address evasive actions, distortions and transfers to other jurisdictions,â the proposal says.
While the options are not laid out, one thought is to apply the tax to instruments issued in the FTT area, or derived from securities based in the FTT area. That, of course, nets a much larger range of transactions involving Chinese, US, Indian or British trading parties that are nothing to do with the FTT zone.
The commission will put forward its thoughts on a regime in the next few months. Some countries outside the FTT may not like the look of it. But once the EU authorises enhanced cooperation, there is not much those outside can do about it, as long as the measures are lawful.