India’s International Black Money Can’t Be Brought Back Though It Can Keep Coming Back

Black money has been a hot topic among us Indians over the past few years, especially Indian black money that has been stashed abroad, over the years. Possibilities of getting this money back to India have been raised and extensively discussed and can lead to flaring up of tempers on the University of WhatsApp.

In this scenario, any news item on the Indian black money stashed abroad tends to fly off the charts. The University of WhatsApp has been buzzing over the last few days on the news of Indian black money in Swiss Banks having gone up in 2020. This has led to surprise among the supporters of the present dispensation and happiness among those against it.

As the Press Trust of India reported: “Funds parked by Indian individuals and firms in Swiss banks, including through India-based branches and other financial institutions, jumped to 2.55 billion Swiss francs (over Rs 20,700 crore) in 2020.” This is a jump from 899 million Swiss francs (Rs 6,625 crore) at the end of 2019.

The Press Trust of India rightly doesn’t use the term ‘black money’ in reporting the funds that Indian firms and individuals have parked with Swiss Banks. Some amount of money can be taken out of the country legally every year and be deposited in Swiss banks (or other foreign banks for that matter).

This is not to say that all the funds that Indians have placed with Swiss banks will be kosher. But the fact of the matter is there is no way of specifically knowing that how much of it is black money. Black money is basically money on which taxes have not been paid.

Of course, after the Press Trust of India reported on it, other news media latched on to this story. In their reports, the phrase funds parked in Swiss banks was replaced with the term black money.

And soon headlines which said that Indian black money in Swiss bank jumps, were all over the place. Politicians from other parties also reacted to this piece of news and said that this was because of increased corruption under the Bhartiya Janata Party. This shows us clearly why nuance is neither a strength in politics or on the University of WhatsApp, for that matter.

The government immediately issued a press release, in which it said: “Media reports allude to the fact that the figures reported are official figures reported by banks to Swiss National Bank (SNB) and do not indicate the quantum of much debated alleged black money held by Indians in Switzerland.”

In all this noise, the more important points on Indian black money which goes abroad or doesn’t come back in the first place, were never made.

Let’s look at them here.

1) The money that Indians had parked in Swiss banks in 2020 has been estimated to be at Rs 20,700 crore. One dollar was worth around Rs 74 on an average in 2020. This works out to $2.96 billion. For the ease of discussion, let’s round this to $3 billion.

Even if all this was black money (which it isn’t), no media house bothered to ask a very basic question. How come the Indian black money in Swiss banks was just $3 billion? $3 billion on its own is a large number. But in the context of a nation which has had a history of a huge black money, this isn’t even small change.

2) A lot of black money is generated through trade misinvoicing. As Global Financial Integrity (GFI), an organisation which specialises in this area, defines this as “a method for moving money illicitly across borders which involves the deliberate falsification of the value, volume, and/or type of commodity in an international commercial transaction of goods or services by at least one party to the transaction.”

Imports coming into the country can be over invoiced. In that process, money can go out of the country without the required taxes being paid on it. Further, imports can be under invoiced to not pay customs duty.

In a similar way, exports going out of the country can be under invoiced and money that should have come back to the country, and taxes should have been paid on it, continues to stay outside its borders.

A number is put to this misinvoicing through the value gap analysis. As GFI explains in a report: “For example, if Ecuador reported exporting US$20 million in bananas to the United States in 2016, but the US reported having imported only US$15 million in bananas from Ecuador that year, this would reflect a mismatch, or value gap, of US$5 million in the reported trade of this product between the two partners for that year.”

While data on imports and exports is never perfect, a significant portion of any value gap is a result of misinvoicing, in order to not pay tax on money earned and ensure that it continues to stay abroad, or to simply move money out of a country. This is the largest component of illicit financial flows globally. In India, we call this international black money.

3) As per GFI, the average value gap of India from 2008 to 2017, a period of 10 years, stood at $78 billion per year, which in total amounts to $780 billion. This means that a significant portion of $780 billion would have left India during these years or should have come back to India, but never did. Of course, this is just one period of ten years that we are talking about. All this didn’t just start happening in 2008. Now compare this with the $3 billion lying in Swiss banks. That’s not even small change.

Also, it is worth remembering that we are talking about black money through just the misinvoicing route. As GFI points out: “Many illicit transactions occur in cash to prevent an incriminating paper trail. For these many reasons, our estimates are likely very conservative.”

Of course, this problem is not specific to India. China, Russia and Mexico were ahead of India, on this front, with an yearly average of $482.4 billion, $92.6 billion and $82.5 billion, respectively, during the period.

4) Take the case of 2016. The value gap of the misinvoiced imports and exports stood at $74 billion. As GFI points out: “The analysis shows that the estimated potential loss of revenue to the government is $13.0 billion for 2016. To put this figure in context, this amount represents 5.5 percent of the value of India’s total government revenue collections in 2016.” Given this, the government loses out on a significant amount of taxes because of international black money.

5) The question is, if so much money on which adequate amount of tax has not been paid, is going abroad every year or simply staying there, why doesn’t it reflect in the Swiss bank numbers. This is where things get interesting.

As the government press release referred to earlier points out: “These statistics do not include the money that Indians, NRIs or others might have in Swiss banks in the names of third–country entities.” This could be one possible reason.

6) The common perception in India is that all the black money that leaves India (or simply doesn’t come back) is in Swiss banks. This is totally wrong. There are around 70 tax havens all over the world. An estimate made by The Economist in 2013 suggested that: “Nobody really knows how much money is stashed away: estimates vary from way below to way above $20 trillion.”

And this money is spread all across the world and isn’t just held in banks in Switzerland. As Gabriel Zucman writes in The Hidden Wealth of Nations – The Scourge of Tax Havens, points out:

“In the past, Swiss bankers provided all services: carrying out the investment strategy, keeping securities under custody, hiding the true identity of owners by the way of famous numbered accounts. Today, only securities custody really remains in their purview. The rest has been moved offsite to other tax havens—Luxembourg, the Virgin Islands, or Panama—all of which function in symbiosis. This is the great organisation of international wealth management.”

Given this, India’s international black money could possibly be anywhere in the world. Also, a lot of this money is held “through intermediaries of shell companies headquartered in the British Virgin Islands, or foundations domiciled in Liechtenstein.” This ensures that the money is not easily traceable to those who took it out of the country or decided not to bring it back.

7) It is worth remembering here that all the focus on black money in India should have made people who stash their black money abroad, smarter. Clearly, when everyone and their grandmother knows about Swiss banks, the black money wallahs are bound to be cautious and ensure that they spread their money around across the world.

8) So, the question is how good are India’s chances of getting this money back? The money that has left Indian shores or should have come to India but never did, could be anywhere. Tax havens maintain secrecy to ensure that they remain attractive options for those who are looking to hide their black money. Hence, recovery will continue to remain difficult. If even a small part of this money is to be recovered, a massive amount of international cooperation will be needed.

9) While it might be difficult to recover black money from outside India’s shores, some of it does keep coming back to India through the foreign direct investment route. A lot of this money comes in through countries like Mauritius, Singapore, Netherlands and Cyprus. In 2020-21, 44% of the total foreign direct investment coming into India, came from these countries. This was a low figure in comparison each of the five years before that, when the proportion had stood at more than 60%. Of course, not all this money is India’s international black money, but a significant portion might be.

As the finance ministry white paper on black money published in May 2012 had pointed out:

“It is apparent that the investments are routed through these jurisdictions for [the] avoidance of taxes and/or for concealing the identities from the revenue authorities of the ultimate investors, many of whom could actually be Indian residents, who have invested in their own companies, though a process known as round-tripping.”

India’s international black money is also round-tripped to be invested in stocks. 

To conclude, instead of trying to chase this black money and get it back, it makes more sense for us to create economic conditions where this black money comes back to India and is invested in different projects. We should also try and simplify our tax system to ensure that the incentives to generate black money in the first place, come down. 

But then that hardly makes for great rhetoric and management of narrative, which is what Indian politics seems to be all about these days. As Thomas Sowell writes in Knowledge and Decisions: “Sober analysis seldom has the appeal of a ringing rhetoric.”

And that’s something worth thinking about.

Why Modi Govt’s Latest Spin on Black Money Doesn’t Make Much Sense

rupee

Late last week it was reported that the amount of money held by Indians in Swiss Banks has come down. After the news came out, it was said that this reflects the success of the Narendra Modi government’s policy on black money.

As The Economic Times reported: “India’s drive against black money seems to have yielded some results with the latest Swiss National Bank (SNB) data showing a sharp decline in Indian deposits in 2015, the year New Delhi enacted a tough law.”  The Press Trust of India, reported the Revenue Secretary Hasmukh Adhia as saying that the “the data indicated the government’s steps to recover black money were in the right direction.”

Sambit Patra, the national spokesperson of the Bhartiya Janata Party claimed the same on Twitter, when he tweeted: “What #ModiGovt has done against Black Money!!-India slides to 75th slot on Swiss bank money list.”

But as we shall see, this is nothing more than marketing spin.

For a tax haven, Switzerland is very open about the total amount of money that has come from different countries and is with Swiss Banks. The Swiss National Bank has been declaring this data for a long time. Take a look at the following table. This shows the total money that Indians have in Swiss banks.

 

YearIndian money in Swiss banks (in Swiss francs)
19961219270
19971645899
19981755948
19991994423
20001509321
20011950674
20021847011
20032205132
20043961827
20054197215
20064987822
20072923209
20081585004
20091391268
20101657736
20112025072
20121344162
20131952712
20141776099
20151206709
Source: Swiss National Bank 

 

So Indian money in Swiss banks in 2015 stood at around 1.207 billion Swiss francs. This is the lowest in 20 years. So doesn’t that make it an achievement for the Modi government? Doesn’t it mean that the Modi government’s crackdown on black money has been successful? Not really.

The advantage of looking at data across a very long period of time is that it doesn’t bluff. As we can see from the above table, Indian money in Swiss banks peaked in 2006, when it was at around 4.99 billion Swiss francs. The trend has been largely downward since then. In fact, the biggest fall in absolute terms came between 2006 and 2007. In 2007, Indian money in Swiss banks fell to 2.92 billion Swiss francs.

Back then Narendra Modi was the chief minister of Gujarat and Manmohan Singh was the prime minister of India. So does that mean Manmohan Singh did better than Narendra Modi? The answer again is no. In fact, the Indian money in Swiss banks fell dramatically between 2007 and 2008, and even between 2011 and 2012. All these times, Manmohan Singh was the prime minister.

The total amount of Indian money in Swiss banks coming down doesn’t indicate the success of India’s politicians in tackling black money. Black money is essentially money which has been earned but on which tax has not been paid. Firstly, not all Indian money in Swiss banks is necessarily black money. Individuals are allowed out to take some money out of the country, every year.

Take a look at the data carefully. The total amount of Indian money in Swiss banks started to fall in 2006. Since then, the amount has largely had a downward trend and is now at a 20-year low. In fact, 2005-2006 was the time when the Indian economy was really taking off. The stock market as well as the real estate market were both doing well.

What the initial fall clearly indicates is that a lot of black money that had left India simply came back to India. In fact, the Finance Ministry’s White Paper on black money published in 2012, makes this point: “The two topmost sources of the cumulative inflows from April 2000 to March 2011 are Mauritius (41.80 per cent) and Singapore (9.17 per cent). Mauritius and Singapore with their small economies cannot be the sources of such huge investments and it is apparent that the investments are routed through these jurisdictions for avoidance of taxes and/or for concealing the identities from the revenue authorities of the ultimate investors, many of whom could actually be Indian residents, who have invested in their own companies, though a process known as round-tripping.”

A similar sort of round-tripping also happens in the stock market through an instrument known as participatory notes (PNs). As the White Paper points out: “Investment in the Indian Stock Market through PNs is another way in which the black money generated by Indians is re-invested in India. PNs or overseas derivative instruments (ODIs) are issued by FIIs [foreign institutional investors] against underlying Indian securities, which can be equity, debt, derivatives, or even indices. The investor in PNs does not hold the Indian securities in her/his own name. These are legally held by the FIIs, but s/he derives economic benefits from fluctuation in prices of the Indian securities, as also dividends and capital gains, through specifically designed contracts.”

Hence, the fall in Indian money held in Swiss bank accounts simply indicates that a significant part of this money has come back to India. Further, between 2005 and 2011, the real estate market was going great guns. Hence, it is safe to say that a lot of black money which would have otherwise left the country, continued to stay in India and found its way into real estate. This is now reflected in the lakhs of home which have been bought and lie locked all across the country.

It also needs to be pointed out here that since 2008, after the start of the financial crisis, the fixed income returns in Western financial markets have been very low. That is another explanation of why a lot of black money may not have left India.

Further, there is this huge misconception that people have, that all the black money in the world goes to the Swiss banks. While this was correct until a few decades back, this isn’t true anymore. The world now is full of tax havens. There are around 70 tax havens all over the world and the black money that has left the shores of India can be almost anywhere in the world. It need not necessarily be in Switzerland.

While Switzerland was the original tax haven where people who did not want to pay tax in their home countries, took their money to, things have changed since the 1980s. New tax havens like Singapore, the Bahamas, Luxembourg, Hong Kong etc., have emerged over the years.

As Gabriel Zucman writes in The Hidden Wealth of Nations—The Scourge of Tax Havens: “In all these tax havens, private bankers do the same things as in Geneva: they hold stock and bond portfolios for their foreign customers, collect dividends and interest, provide investment advice as well as other services, such as the possibility of having a current account that earns little or nothing. And, thanks to the limited forms of cooperation with foreign tax authorities, they all offer the same service that is in high demand: the possibility of not paying any taxes on dividends, interest, capital gains, wealth, or inheritances.”

Further, many tax havens are not open about their data, as Switzerland has been over the years. In fact, it is safe to say that the focus of the Indian government on black money over the last few years, may have made people move their money from Switzerland into other tax havens.

Hence, the point is that Indian money in Swiss banks falling, doesn’t really mean that the Modi government’s black money policy is working. If it was the success it is being made out to be then many more people would have declared the black money they have overseas, during the compliance window offered between June and September, last year.

Taking advantage of the compliance window 638 declarants declared assets and income of Rs 4,147 crore in total. This meant that the government was able to collect around Rs 2,488 crore (60% of Rs 4,147 crore) as tax revenues. This obviously is an extremely low amount.

The column was originally published in Vivek Kaul’s Diary on July 7, 2016

Switzerland is Still the Centre of Global Black Money

3D chrome Dollar symbol

An important area of focus of the Narendra Modi government has been trying to get the black money which has left the shores of the country, back to India. Black money is essentially money which has been earned, but which has not been declared for tax purposes.

As the finance minister Arun Jaitley said in his budget speech in February 2016: “Our Government is fully committed to remove black money from the economy.

The focus of the government has largely been on black money which has left the shores of the country. Promises have been made that this black money will be got back to India. In fact, estimates made by Global Financial Integrity in a December 2015 report suggest that the total amount of black money leaving India between 2004 and 2013 stood at $510.3 billion.

The outflow peaked in 2012 when it reached $92.9 billion. In 2013, the number had stood at $83 billion, which was around 9.7% lower than the previous year.

YearAmount(in $ billion)
200419.5
200520.3
200627.8
200734.5
200847.2
200929.2
201070.3
201185.6
201292.9
201383
Total510.3

Source: http://www.gfintegrity.org/wp-content/uploads/2015/12/IFF-Update_2015-Final-1.pdf

India is not the only country facing this problem. In fact, when it comes to the total amount of black money leaving a country, India is fourth in the list, behind China, the Russian Federation and Mexico. On this front, India has rapidly caught up with Mexico over the years. The outflow of black money from Mexico between 2004 and 2013 stood at $528.4 billion, just a little more than that from India.

This money has found its way into tax havens all across the world, including Switzerland. As Gabriel Zucman writes in The Hidden Wealth of Nations—The Scourge of Tax Havens: “There has, in fact, never been as much wealth in tax havens as today. On a global scale, 8% of the financial wealth of households is held in tax havens. According to the latest available information, in the spring of 2015 foreign wealth held in Switzerland reached $2.3 trillion.”

The money held in Swiss banks is more than India’s gross domestic product(GDP). In fact, since April 2009, the money held in Swiss banks has increase by 18%. The increase across all tax havens all over the world has been 25%.

In September 2015, the United Nations adopted the Sustainable Development Goals. The Goal 16.4 points out that countries will “by 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime.”

The term illicit financial flows essentially refers to what we call black money in India. The Modi government has also on and off talked about getting back the black money that has left India. The question to ask is how feasible is this?

One argument made against this has been that there are way too many tax havens all around the world. There are around 70 tax havens all over the world and the black money that has left the shores of this country could be stashed almost anywhere.

An estimate made by the International Monetary Fund suggests that around $18 trillion of wealth lies in international tax havens other than Switzerland, beyond the reach of any tax authorities. A 2013 estimate in The Economist pointed out: “Nobody really knows how much money is stashed away: estimates vary from way below to way above $20 trillion.”

Zucman whose book I have quoted earlier in the column, estimates that around 8% of the global financial wealth or $7.6 trillion is held in tax havens. His estimate is a little lower than other estimates. But each of these estimates is a big number, and that is what matters the most.

Getting back to the point I was discussing. How good are the chances of India and other countries getting this money back? In the past I have written that given that there are so many tax havens it is next to impossible to get this money back. But after reading Zucman’s book I have revised my opinion, a little.

While Switzerland was the original tax haven where people who did not want to pay tax in their home countries, took their money to, things have changed since the 1980s. New tax havens like Singapore, the Bahamas, Luxembourg, Hong Kong etc., have emerged over the years.

As Zucman writes: “In all these tax havens, private bankers do the same things as in Geneva: they hold stock and bond portfolios for their foreign customers, collect dividends and interest, provide investment advice as well as other services, such as the possibility of having a current account that earns little or nothing. And, thanks to the limited forms of cooperation with foreign tax authorities, they all offer the same service that is in high demand: the possibility of not paying any taxes on dividends, interest, capital gains, wealth, or inheritances.”

As mentioned earlier the Swiss banks as of spring of 2015, had foreign wealth worth $2.3 trillion. Of this around $1.3 trillion belonged to Europeans. A lot of black money emanating from all over the world has found its way into tax havens other than Switzerland.

How different are these tax havens from Switzerland? As Zucman writes: “To view Swiss banks in opposition to the new banking centers [i.e. tax havens] in Asia and the Caribbean doesn’t make much sense. A large number of the banks domiciled in Singapore or in the Cayman Islands are nothing but branches of Swiss establishments that have opened there to attract new customers.”

And this is one of the well kept secrets of international tax havens—Switzerland is still at the heart of it all. As Zucman writes: “In the past, Swiss bankers provided all services: carrying out the investment strategy, keeping securities under custody, hiding the true identity of owners by the way of famous numbered accounts. Today only securities custody really remains in their purview. The rest has been moved offsite to other tax havens—Luxembourg, the Virgin Islands, or Panama—all of which function in symbiosis. This is the great organization of international wealth management.”

Given this, India alone cannot deal with the issue. Combined international pressure needs to be applied on Switzerland in order to get anywhere with the idea of bringing black money that has left the shores of the country, back.

The column originally appeared on the Vivek Kaul Diary on April 26, 2016