Sony Kapoor

 

Recent Posts by Sony Kapoor

  • Time for Economic Polluters to Pay Up? Tobin or not Tobin...

    Oct 13, 2009Sony Kapoor

    ideaAs the global battle heats up over Tobin Taxes, opponents will have a tough time arguing that their 'leave the market alone' mentality is anything more than hot air. Sony Kapoor argues that Tobin Taxes, or Financial Transaction Taxes, are a good idea and will soon be blooming around the world.

    ideaAs the global battle heats up over Tobin Taxes, opponents will have a tough time arguing that their 'leave the market alone' mentality is anything more than hot air. Sony Kapoor argues that Tobin Taxes, or Financial Transaction Taxes, are a good idea and will soon be blooming around the world.

    Proponents of Tobin Tax(es) or, more technically, Financial Transaction Taxes, are happy that these have been in the news a lot lately. The so-called "Tobin Tax" on capital flows was originally proposed in 1971 by Nobel laureate James Tobin as a way to address speculation in global markets. Today, everyone from Sarkozy and Merkel to the head of the UK Financial Regulator has been positive about levying such a tax. Even the former Senator Obama had voiced support on the campaign trail. Does it mean that we will get some form of a Tobin Tax, finally? Or are the proponents set for yet another disappointment? Signs are that that they are likely to get their way...well sort of.

    The financial crisis, the biggest in living memory, has massively titled the political and financial landscape in a direction that makes such taxes not just more desirable also much easier to implement.

    Keynes was an early proponent of FTTs, and the idea got a new lease on life when James Tobin extended it to currency markets. The Asian crisis helped revive the discussion, and after falling off the agenda again, the idea was brought back once more as a potential source of revenue for funding poor country development. Each time it died a slow death. The opponents of FTTs won those battles, but they are about to lose the war. Here is why.

    Even before the crisis hit, the ‘markets always work efficiently and know best' school of thought was losing the battle of evidence. Those that believed that while financial markets mostly worked well, they were often prone to excesses and sometimes failed with bad social consequences were clear frontrunners. The crisis has picked the winning side in a dramatic way. It's time for those who opposed FTTs with the argument that any interference with what they regarded to be well-functioning markets to shut up. Many have done so already.

    Everyone agrees that even a small tax would penalize short term transactions and favour longer investment horizons. At a 0.01% rate, those trading 100 times a day will end up with a tax rate of 240%/year, and those that hold onto their stocks for 5 years will pay 0.002%. Automated computer trading based on mechanistic rules which sometimes buys and sells the same security hundreds of times a day would become untenable. Given the risk such trading poses to the financial system as highlighted by its total breakdown in August 2007, that would be no bad thing. Such High Frequency Trading is also dubious because the fact that it allows large actors access to markets a fraction of second before others and raises serious questions of fairness at a time where the little people are getting screwed all around. A reduction in trading patterns which threaten financial stability and skew the playing field without delivering much in the form of social benefits would reduce the likelihood of financial crisis. This appeals both to regulators and politicians.

    It is good policy to tax polluting activities which have a negative footprint on society. An increasing number of financial transactions served no underlying social purpose and in the case of trades in complex derivatives and credit default swaps significantly increased systemic risk. Ever higher volumes of financial trades (churning) have been driven by the prospect of increasing fee based incomes. Ever increasing complexity was driven by the prospect of juicier profit margins. While privately profitable to the financial sector, both trends have imposed costs on the wider economy. It is good public policy then to impose a sin tax that penalizes churning and complexity. Financial Stability regulators are taking serious note.

    This systemic risk which has crystallized in the shape of the ongoing crisis necessitated the allocation of trillions of dollars of scarce taxpayer funds to bail out the financial sector. Recovering the costs of these bailouts from the financial sector is not only fair but is also the only sensible policy option in line with the ‘polluter pays' principle. The many existing transaction taxes raise substantial amounts of tax revenue. Extending these taxes to recover bailout funds from the financial sector is an idea that has snowballing political support behind it.

    The crisis depressed tax revenues and necessitated stimulus spending. Governments are now saddled with the highest debt and deficit levels seen in a generation. These debts need to be repaid and the money will need to come from higher taxation. While no tax is perfect, the FTT stands heads and shoulders above other feasible options such as increasing Sales Tax, Value Added Tax or social security contributions. In contrast to these taxes, a FTT will have a highly progressive incidence and will tax activities that at best offer little social utility and at worst pose serious systemic risk. Increasing the tax burden on ‘the little people' while ignoring the role of the under-taxed financial sector in facilitating tax avoidance by rich individuals and corporations would be political suicide. Politicians have already taken note.

    For those sceptical about the dual revenue and stability goals of the tax, it might be instructive to look at sin taxes on smoking or pollution which marry substantial revenues while at the same time depressing harmful activities. To address the concerns of those who think the tax may harm markets, tax rates could start out very low and ratchet up annually once it is clear that the markets can bear the load. The regulatory response to the crisis has settled any remaining doubts about feasibility for good. The G-20 response of driving derivative transactions on to exchanges, making centralized clearing compulsory, introducing enhanced registration and reporting requirements and expanding the regulatory boundary to include hedge funds as well as off shore jurisdictions has all made it cheaper and easier to collect financial transaction taxes and will make it impossible to avoid them.

    While international co-ordination is desirable, the success of existing taxes such as the UK Stamp Duty, a 0.5% tax on share transactions in the London Stock Exchange indicates that it is not necessary. This Stamp Duty nets the UK more than $8 billion every year. The US imposes a much smaller section 31 fee on stock transactions which funds the operations of the Security Exchange Commission. Increasingly electronic audit trails, greater cross-border regulatory co-ordination, action against tax havens and greater oversight of derivatives has only made implementation much easier both at a unilateral and multilateral level.

    Under pressure from the French and Germans, the G-20 has finally asked the IMF to look into various options to get the financial sector to put in a greater contribution - the Tobin tax was on the top of their minds. There are also strong suggestions that some of the revenue could also be put to use savings lives in poor countries. Even then, expect the financial sector to cry bloody murder and send their lobbyists out in full force - surely one cannot expect the big banks to take a new tax lying down!

    Proponents take heart...while it remains unlikely that the G-20 will agree to a ‘global tax'; the world will nonetheless still see a mushrooming of new unilateral transaction taxes in several financial markets and countries around the world. Little Tobin Taxes will bloom all around - and that would be a good thing!

    Sony Kapoor is an ex-investment banker and Managing Director of Re-Define (Re-thinking Development Finance & Environment), an international Think Tank dedicated to improving the footprint of the financial system.

    *This piece is based on an Op-Ed in SuedDeutsche Zeitung, Germany's leading daily newspaper.

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  • Dear G-20, do the photo ops but don't forget these principles!

    Sep 23, 2009Sony Kapoor

    ideaSony Kapoor outlines the principles that should guide global leaders in shaping economic reform.

    ideaSony Kapoor outlines the principles that should guide global leaders in shaping economic reform.

    At this Friday's summit in Pittsburgh, the G-20 leaders will engage in the usual mix of photo ops, gourmet luncheons, backslapping and some real work. They and the world would be better off if this ‘real work' of reforming the world financial system was informed by some sound principles.

    In a debate that has bordered on being shallow and shrill, approaching regulation with a view to increasing the competitiveness, diversity and fairness of the financial system at the same time as reducing its complexity would be the only sensible route to take.

    Competiveness

    Years of 20%-25% return on equity for banks, 2/20 % hedge fund fee structures, $50-$100 billion in annual bonus payouts and, until recently, a large and growing share of corporate profits are signs of too little competition in the financial sector.

    Current regulations favor big institutions over small, international banks over domestic banks, and complex ones over simpler rivals. This asymmetry, economies of scale and the public subsidy that institutions considered ‘too big or too complex to fail' enjoy has driven the trend towards ever-greater consolidation into financial giants with few, if any, new entrants. The shotgun bank weddings and government-financed takeovers of weaker institutions has further exacerbated this problem.

    The high rewards available to employees and shareholders in this oligopolistic system and the protection against failure for large institutions skew incentives and encourage speculative and destabilizing behaviour. Barriers to entry need to be lowered and financial institutions need to be broken up so their failure no longer poses a threat to the system.

    This would not only deliver a much better deal for customers and investors but also for taxpayers since such a system would also be less likely to crash.

    Diversity

    Soldiers crossing a bridge are asked to break step else the bridge would become unstable and collapse. When everyone wants to buy or sell at the same time we get asset price bubbles and collapses.

    We need the whole range of financial institutions -- savings banks, insurance firms, investment banks, and pension funds -- doing what they are supposed to do. When banks behave like hedge funds and hedge funds like banks, we have a problem.

    Current regulation allows market prices and institutions' own judgment of risk to influence how much capital they hold. Since this capital is held to guard against market failures in the first place, there is a big contradiction here. This, together with the use of similar risk management and bonus incentive systems across institutions which all have access to the same data drives everyone to invest in the same assets at the same time and reduces diversity. It has made the financial system more pro-cyclical, unstable and prone to systemic collapse.

    Financial institutions need to be regulated by function not legal form. Capital requirements need to be mandated by regulators, not markets or their own judgment. Diversity can come from different investment horizons, incentive systems, risk appetites, risk management approaches or regulatory requirements.

    Simplicity

    Because current financial regulation is reactive, efforts to ‘fine tune' and adjust it have left us with tens of thousands of pages of rules which are full of loopholes but act as a barrier to entry nonetheless. These differ across jurisdictions and legal form financial institutions set up a complex network of hundreds of subsidiaries to game the system. Behemoths such as Citicorp which has more than 2,000 subsidiaries (427 in tax havens) are not only too complex to fail but also too complex to manage.

    We need to hardwire simple and blunt regulation such as caps on leverage, country by country reporting and prohibitions of off balance sheet exposures.

    The parallel rising complexity of financial products is driven by the fact that complexity increases profit margins and opportunities for regulatory arbitrage. It does so by increasing information asymmetry between the financial institutions on the one hand and its customers and regulators on the other. Complexity in legal structures and products also reduces transparency and supervisory effectiveness increasing systemic risk.

    Regulation needs to aim at simplicity in legal structures and financial products.

    Fairness

    Large banks excel in reducing the tax burden on themselves, their employees and large customers through the use of complex products and legal structures often involving tax havens. In good times they do not pay their fair share of taxes and in bad times such as now depend on tax payer funds. This is not only unfair but even more important destabilizing since it encourages excessive risk taking.

    Financial polluters must be made to pay so there is an urgent need to crack down on tax avoidance by banks, bankers and their clients. The costs of ongoing and future bailouts must also be recovered from the financial sector through levying financial transaction taxes. These are easy to collect, hard to avoid, have a very progressive incidence, have the potential to increase stabilit,y and can even be implemented unilaterally.

    Compensation in the financial sector needs to be regulated sharply downwards to make it more symmetric. Current annual bonus structures drive short-termism, speculation and irresponsible behaviour because such behaviour can be highly rewarding.

    The only problem is that eventually the taxpayer has to foot the bill!

     

    *A version of this post appeared in the German newspaper Sueddeutsche Zeitung.

    Sony Kapoor is an ex-investment banker who is now the Managing Director of Re-Define www.re-define.org , an International Think Tank. He is also an adviser to several governments and international institutions on financial system reform.

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