2017 Ecuadorian tax haven referendum explained

Date:19 February 2017
Country:Ecuador
Do you agree that, in order to hold a position of popular election or to be a public servant, it is established as a prohibition to have assets or capital, of any nature, in tax havens?
Yes:5,030,579
No:4,096,559
Invalid:1,336,496
Electorate:12,816,698

A referendum on banning politicians and civil servants from having bank accounts or companies based in tax havens was held in Ecuador on 19 February 2017, alongside general elections.[1] The proposal was approved by voters, giving officials one year to transfer their assets or be removed from their posts.[2]

The question on the ballot was "Do you agree that, for those holding a popularly elected office or for public servants, there should be a prohibition on holding assets or capital, of any nature, in tax havens?"[3]

Classification of tax havens

In preparation for the referendum, the Ecuadorian Internal Revenue Service issued a resolution outlining the criteria for a jurisdiction to be considered a tax haven, establishing two categories: Preferential tax regimes, and low tax jurisdictions.[4] A preferential tax regime was classed as a jurisdiction whose effective tax rate is below 60% in relation to the Ecuadorian corporate income tax (CIT) rate of 13.2%.[4] A low tax jurisdiction was classed as having an effective tax rate below 60% in relation to the Ecuadorian CIT of 13.2% and no substantial economic activity.[4] The IRS may remove a country from their list of tax havens if it reforms its tax policy, if it enforces a treaty to avoid double taxation, including a special information exchange clause, or if its laws do not include banking confidentiality, securities or other regulations that prohibit sharing information with the Ecuadorian IRS.[4]

Along with this definition, the Ecuadorian IRS published a list of countries which currently meet the definition of a tax haven under their law.[4] This list included 28 jurisdictions in the Americas, 19 in Oceania, 16 in Europe, 13 in Asia, 9 in Africa and two other island territories.

valign=topAfrica valign=topAmericas valign=topAsia valign=topEurope valign=topOceania valign=topOther

Campaign

Outgoing President Rafael Correa stated that he would campaign in favour of the proposal, having previously stated that tax havens were one of the biggest issues for democracy.[5]

Results

ChoiceVotes%
Yes5,030,57955.12
No4,096,55944.88
Invalid/blank votes1,336,496
Total10,472,302100
Registered voters/turnout12,816,69881.64
align=left colspan=3Source: CNE

Notes and References

  1. http://www.ecuadortimes.net/2016/11/22/referendum-on-tax-havens-will-be-conducted-in-the-elections-of-2017/ Referendum on tax havens will be conducted in the elections of 2017
  2. http://www.ipsnews.net/2017/01/ecuador-revives-campaign-for-un-tax-body/ Ecuador Revives Campaign for UN Tax Body
  3. http://www.electionguide.org/elections/id/3007/ Republic of Ecuador: Referendum
  4. http://www.ey.com/gl/en/services/tax/international-tax/alert--ecuadorian-irs-issues-resolution-with-new-list-of-tax-haven-jurisdictions Ecuadorian IRS issues resolution with new list of tax haven jurisdictions
  5. http://www.andes.info.ec/en/news/president-correa-tax-havens-are-one-biggest-problems-our-democracies.html President Correa: tax havens are one of the biggest problems in our democracies