1. Speech by Dr. Marcus Desax, President of IFA - International ...
1. Speech by Dr. Marcus Desax, President of IFA - International ...
1. Speech by Dr. Marcus Desax, President of IFA - International ...
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Opening Ceremony 63 rd <strong>IFA</strong> Congress, Vancouver,<br />
30 August 2009<br />
<strong>Speech</strong> <strong>by</strong> <strong>Dr</strong>. <strong>Marcus</strong> <strong>Desax</strong>, <strong>President</strong> <strong>of</strong> <strong>IFA</strong><br />
Welcome to all <strong>of</strong> you to Vancouver, the venue <strong>of</strong> the next Winter Olympics. For once tax<br />
is citius than the athletes, while no opinion is expressed, <strong>of</strong> course, as to altius and fortius.<br />
Let me start <strong>by</strong> taking a representative vote <strong>of</strong> the <strong>IFA</strong> membership: Suppose you are the<br />
<strong>President</strong> <strong>of</strong> the <strong>International</strong> Fiscal Association. You have the privilege <strong>of</strong> sitting on a<br />
Panel with the Finance Minister <strong>of</strong> a major country and a laureate <strong>of</strong> the Nobel Price in<br />
economics. You are given the choice <strong>of</strong> speaking before or after them. Who would like to<br />
speak after these gentlemen? ______ Who before?________<br />
Obviously, before them! What can the <strong>IFA</strong> <strong>President</strong> possibly say after two such eminent<br />
persons? I am thankful to Brian Schneiderman that he has spared me this embarrassment<br />
and has allowed me to start first.<br />
This is already my fourth address at an Opening Ceremony and therefore my last one.<br />
When I addressed you for the first time 2006 in Amsterdam, to promote the Young <strong>IFA</strong><br />
Network (YIN) I sang a few lines out <strong>of</strong> the Beatles’ song “When I’m sixty-four”. Don’t be<br />
afraid, I won’t sing again. Some <strong>of</strong> the crazy things that you used to do as a youngster you<br />
will not do any longer when you are older and wiser. Actually, my reference to the 1967<br />
Album “Sgt. Pepper’s Lonely Heart Club Band” was not primarily to appeal to the young<br />
members <strong>of</strong> <strong>IFA</strong>. Rather, it was meant to remind the older ones that something had to be<br />
done to make <strong>IFA</strong> more attractive to younger members and to <strong>of</strong>fer them opportunities in<br />
our Association.<br />
Introduced in 2005, YIN has established itself firmly at the international level: last year, a<br />
member <strong>of</strong> the PSC was on maternity leave and the new <strong>IFA</strong> <strong>President</strong> whom we shall<br />
elect this Thursday, is not yet 50 years old. Both would have been unthinkable twenty<br />
years ago and even less.<br />
Young <strong>IFA</strong> members play an important role in the Permanent Scientific Committee, in the<br />
Executive Committee and in an ad hoc Strategy Committee. I am also pleased to see the<br />
special activities destined to younger <strong>IFA</strong> members at this Congress; they show our<br />
eagerness to make our scientific Congress also attractive to young members.<br />
Many <strong>IFA</strong> Branches have favourably accepted our wish to have YIN representatives on<br />
their national boards and to have special activities where younger members can make a<br />
contribution. There are still a few Branches where there is room for progress. As an<br />
example, I may refer to the composition <strong>of</strong> the <strong>IFA</strong> General Council, whose members are<br />
nominated <strong>by</strong> the Branches:<br />
Out <strong>of</strong> the 161 Members and deputy members <strong>of</strong> the General Council who served in 1999,<br />
44 are still in function today. From these 44, 10 served already twenty years ago. This is<br />
not very much <strong>of</strong> a rejuvenation.<br />
The example shows that some <strong>of</strong> our Branches have still efforts to make to promote<br />
younger members. I recall our former Secretary General Maarten Ellis saying that some
highly deserving <strong>IFA</strong> members are like large trees in a forest: while they provide for shade<br />
and protection against rain, storm and snow, they do not allow new trees to grow<br />
underneath.<br />
After YIN, the first priority <strong>of</strong> my Presidency, let me address the second one: the<br />
relationship <strong>of</strong> tax authorities, taxpayers and tax advisers.<br />
In July 2009, your Secretary General and <strong>President</strong> were invited <strong>by</strong> the Intra-European<br />
Organisation <strong>of</strong> Tax Administrations to its 13th General Assembly. IOTA is a non-pr<strong>of</strong>it<br />
intergovernmental organization, which provides a forum to assist its 43 members in<br />
Europe to improve tax administration. At this occasion, <strong>IFA</strong> and IOTA signed a<br />
memorandum <strong>of</strong> understanding for the future cooperation <strong>of</strong> our two organisations.<br />
At this meeting, the Swedish Tax Agency gave a presentation on the relationship between<br />
the tax gap, on the one hand, and the perception <strong>of</strong> the tax <strong>of</strong>ficials <strong>by</strong> taxpayers, on the<br />
other hand. The tax gap is the difference between the amount <strong>of</strong> tax that would have been<br />
levied if all those liable to the tax reported all their activities and transactions correctly and<br />
the amount <strong>of</strong> tax actually paid.<br />
The Swedish Tax Agency had undertaken two studies: the one on the tax gap in Sweden<br />
and another one on the way Swedish citizens and businesses perceive the attitude that<br />
the tax <strong>of</strong>ficials have towards them. The Tax Agency wrote:<br />
We use risk models, exchange <strong>of</strong> data, selections systems to target<br />
taxpayers for audit activities; but it’s not enough: we need more<br />
knowledge about what affects behaviour and what increases<br />
voluntary compliance.<br />
According to the Swedish Tax Agency, one <strong>of</strong> the reasons for which people pay their<br />
taxes and refrain from evasion is the trust in the tax <strong>of</strong>ficials. In their study, one <strong>of</strong> the<br />
questions was: “Would you evade tax if you had the possibility?” Out <strong>of</strong> the people who<br />
said that they trusted the Tax Agency, 12% answered yes, they would evade the tax, if<br />
they had the possibility. In contrast, in the group <strong>of</strong> people who said that they did not have<br />
trust in the Tax Agency, 27% said that they would take the opportunity and avoid the tax if<br />
they only could.<br />
The trust in the Swedish Tax Agency was found to be based on the way the tax <strong>of</strong>ficials<br />
treat their taxpayer: If the attitude is:<br />
helpful,<br />
listening and cooperative, and<br />
based on the assumption that most people are honest,<br />
the impact <strong>of</strong> the trust in the Tax Agency is positive.<br />
However, the impact on the trust is negative, if the position <strong>of</strong> the tax <strong>of</strong>ficial is:<br />
indifferent, serious, going <strong>by</strong> the rules,<br />
insensitive, superior, exercising power and accusatory, or<br />
even worse, if it is based on the belief that most people are dishonest.<br />
The Swedish Tax Agency is not the first one to claim that the relationship between tax<br />
authorities, taxpayers and tax advisers should be improved. In January 2008, the OECD<br />
published its “Study into the Role <strong>of</strong> Tax Intermediaries”, in May 2009 “Building<br />
Transparent Tax Compliance <strong>by</strong> Banks” and “Engaging with High Net Worth Individuals on<br />
Tax Compliance”. The OECD proposed to build on an “enhanced relationship” between all
players in the tax field.<br />
Our Executive Committee has also discussed the matter. While determined to stay away<br />
from political discussions, it is <strong>of</strong> the opinion that the focus should be on existing<br />
legislations and on the right to plan one’s tax affairs within the local system. <strong>IFA</strong> considers<br />
launching the debate which could centre on the following basic principles:<br />
No tax without a law!<br />
Taxes prescribed <strong>by</strong> law should be levied and paid.<br />
The law should be clear; if it is unclear, taxpayers should receive guidance:<br />
Taxpayers may rely in good faith on the law – which means limited scope for<br />
retroactive effect and, except in cases <strong>of</strong> abuse, sufficient lead time for policy<br />
changes and legal amendments).<br />
The right to plan one’s tax affairs within the scope <strong>of</strong> the law should be<br />
recognized.<br />
Taxpayers should honestly disclose their tax affairs.<br />
Tax authorities should have the right to check compliance.<br />
The audit behaviour should be proportionate to the levels <strong>of</strong> good faith and<br />
disclosure <strong>by</strong> the taxpayer.<br />
A differing treatment may be afforded to fully disclosing taxpayer, normal<br />
taxpayers or bad-faith taxpayers.<br />
Tax matters should be resolved within a reasonable time frame<br />
It is obvious, while these principles can, and in my opinion should, be discussed at the<br />
international level, the concretisation and the implementation must be done nationally. I<br />
therefore invite the <strong>IFA</strong> Branches to set the matter on their agendas. Who is better<br />
qualified for this endeavour than <strong>IFA</strong> with its diverse membership <strong>of</strong> tax <strong>of</strong>ficials, tax<br />
advisers,academics, judges and corporate tax people?<br />
Our Association continues its scientific works in many different areas. At this Congress,<br />
besides the two main Subjects, we have a total <strong>of</strong> fourteen seminars, which is a new<br />
record. It is not possible to go into the details <strong>of</strong> the discussions. Let me just thank the<br />
many, many people who have been instrumental in setting up the scientific part <strong>of</strong> the<br />
Congress.<br />
I would also like to thank the organisers <strong>of</strong> this Congress. While they had the advantage <strong>of</strong><br />
hosting a Congress in one the <strong>of</strong> the World’s most beautiful cities, the economic crisis and<br />
the swine flu could have been a serious threat. Nonetheless, ____ participants and ____<br />
accompanying persons have registered – a tribute to the organisers led <strong>by</strong> Albert Baker<br />
and Robert Raizenne.<br />
During my Presidency, we replaced the Secretary General, the Chair <strong>of</strong> the Permanent<br />
Scientific Committee, the General Treasurer and the Manager <strong>of</strong> the General Secretariat.<br />
If, in a company, all senior managers leave except the CEO, there is usually something<br />
wrong with the latter. But, please believe me, they all had their objective reasons. I would<br />
like to mention here how much I liked to work with the Secretaries General Maarten Ellis<br />
and Han Kogels, the Chairs <strong>of</strong> the PSC Jean-Pierre Le Gall and Robert Couzin and with<br />
the General Treasurers Jan van der Bijl and Jos Beerepoot. I appreciated the assistance<br />
and kindness <strong>of</strong> the managers <strong>of</strong> the General Secretariat Nel Slingerland and Thea van<br />
Dijk and the continuous support from the ladies at the Secretariat General, Nathalie Spruit,<br />
Anja van Zwietering, Marga Vink and Margareth Barten. Thank you for your support, your<br />
good cheers and your friendship.
I would like to close my address <strong>by</strong> saying that I am proud and glad to hand over the<br />
Presidency <strong>of</strong> <strong>IFA</strong> to Manuel Tron <strong>of</strong> Mexico. Although a tax practitioner, Manuel served<br />
for ten years on the Permanent Scientific Committee where his contribution was widely<br />
appreciated. He is not yet fifty years old and is the first <strong>IFA</strong> <strong>President</strong> that does not come<br />
from Europe or the USA. His dedication, his youth and his origin will open new<br />
perspectives to our Association. I wish him success and as much pleasure I had and still<br />
have this week <strong>of</strong> working with you.<br />
With this bright outlook, I declare open the XXIst Winter Olympic Games ... - gosh, I'm too<br />
early! – I declare open the 63rd <strong>IFA</strong> Congress!