Passing a major new EU tax using enhanced cooperation is groundbreaking and difficult. EU leaders are using trial balloons on FTT to forge consensus. At each critical juncture in the process to move forward, they leave out critical objection points - like details on their FTTâs extra-territorial reachâ in order to keep kicking the FTT can down the road. Hoping it eventually snowballs into what they hoped for and the governments in power at the time pass it. Itâs similar in the U.S. where divided government is using incremental deals rather than a grand bargain for tax reform, entitlement reform and the debt-ceiling.
Look back a few weeks in the EU to try and understand what took place over FTT. First, France and Germany indicated they wanted to defer the QMV vote until next monthâs ECOFIN meeting, which was probably because the QMV whip count indicated a potential no vote if extra-territorial reach was formally include at this juncture. A formal no vote could have derailed FTT for good in the EC-11. After thinking another month might help, they eventually realized that would weaken their case and a February QMV vote over FTT with extra-territorial reach would probably also be no. So, they figured it was safer to set extra-territorial reach details aside to keep the process moving forward. They put the QMV vote back on the Jan. 22 ECOFIN agenda minus contentious FTT details for extra-territorial reach. Itâs odd from reports how they conducted the QMV vote. They agreed to move forward on FTT, with all FTT naysayers keeping their seat at the table, so they can influence the leaders and make sure their voices are heard over extra-territorial reach.
Let no one kid themselves. Extra-territorial reach is the absolute most important and key point. EC-11 FTT with no extra-territorial reach will lead to FTT advocatesâ greatest fears â losing transactions, banking and jobs to London and other non-FTT-adopters. Conversely, with extra-territorial reach included, the FTT non-adopters will still have EC-11 FTT applied on their exchanges on some instruments and or trades with members of the FTT zone and the taxes will be remitted to the FTT advocates, not the non-adopters. Thatâs their greatest fear, too.
The UK threatening Brixit from the EU wonât help against the FTT extra-territorial reach problem, although it will influence the EC-11 FTT adopters. Consider that the French FTT applies to French ADRs on U.S. exchanges. The UK does not want to leave the EU or be banished from EU banking. The real battle has not changed. The UK currently has 70% of EU financial transactions and Paris, Berlin and Brussels want to reclaim a good percentage of those to the continental Eurozone, or force London to comply with their banking and tax rules, including FTT.
That main battle has been punted and certainly not settled yet. Itâs everything to the UK, especially a Tory UK. The continents best hope may be that Labour reclaims control of government in the UK and join forces with the Eurozone. The next UK election is May 7, 2015 unless the current government coalition collapses before.