Why Starbucks can't dump its tax bill on the public

No company, even one as big as Starbucks, can simply decide how much profit it makes.

On Wednesday I received the most brilliantly headlined press release I've seen since (yes, this actually happened) the one announcing that god had returned to Earth, and was seeking corporate sponsorship:

'Starbucks are Bastards for not paying Tax in this Country', says Tyrrells Crisps and Chase Vodka Founder

The text of the statement, from founder William Chase, is disappointingly bereft of further expletives, but he does use other strong language. "Our hard earned money". "Patronising". "Laughable". "Theft". And this, remember, isn’t an activist speaking, it’s an entrepreneur (albeit one whose businesses find it rather harder to decide their own tax rate). The rage against corporate tax avoidance clearly goes way beyond the usual suspects.

But it's not universal. Some argue, in fact, that any attempt to minimise such avoidance will blow up in our face. With apologies both for singling her out, and for reducing her argument to one Tweet, here's libertarian blogger Charlotte Gore on Twitter last Thursday:

Starbucks board will have to make the money elsewhere. It's going to be the staff or the customers that ultimately pay.

This is an argument you hear quite a lot – that any attempt to close loopholes in the tax system will actually hurt the general public. That the £20 million tax Starbucks UK has now magnanimously decided to pay means £20 million of extra charges dumped onto the rest of us.

The problem is, it's nonsense.

Actions do have consequences, of course, and any attempt to squeeze a company probably will result in its attempting to recoup that money elsewhere. Starbucks doesn't answer to the public, it answers to its owners: whatever we may think of this fact, shareholder value will always be management’s first priority.

But the libertarian argument is nonsense, nonetheless. It's implicitly based on two dubious assumptions: that multinationals like Starbucks are like vengeful tribal gods, who can never be influenced, only placated; and that the state is utterly powerless before them.

Starbucks' board will try to recoup any extra taxes it pays elsewhere. But the key word there is try. They can jack up their prices, dumping the charge onto customers – but that, all the laws of economics says, would mean fewer sales, and so less profit.

They can lean on the wage bill, eating into paid lunch breaks and sick leave – are trying, in fact, to do just that. But we don't know how it'll play out. Bosses don’t give staff good working conditions out of the goodness of their hearts, but because it’s better for their bottom line. Worse staff performance, or the bad publicity generated by this latest crackdown, might end up costing the company more than it saves.

Then again, it might not. But the point remains: even the most powerful multinational doesn't operate in a vacuum. Managers may wish to dump its corporation tax bill onto its customers or staff. But they might have no choice but to pass it back to its shareholders.

No company, even one as big as Starbucks, can simply decide how much profit it makes – any more than it should decide how much tax it pays.

UK Uncut supporters protest outside a Starbucks coffee shop near Regent Street. Photograph: Getty Images.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Daniel Hannan. You can find him on Twitter or Facebook.

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An Irish Sea border – and 3 other tricky options for Northern Ireland after Brexit

There is no easy option for Northern Ireland after Brexit. 

Deciding on post-Brexit border arrangements between Northern Ireland and the Irish Republic is becoming an issue for which the phrase "the devil is in the detail" could have been coined. Finding a satisfactory solution that delivers a border flexible enough not to damage international trade and commerce and doesn’t undermine the spirit, or the letter, of the Good Friday Agreement settlement is foxing Whitehall’s brightest.

The dial seemed to have settled on David Davis’s suggestion that there could be a "digital border" with security cameras and pre-registered cargo as a preferred alternative to a "hard border" replete with checkpoints and watchtowers.

However the Brexit secretary’s suggestion has been scotched by the new Irish foreign minister, Simon Coveney, who says electronic solutions are "not going to work". Today’s Times quotes him saying that "any barrier or border on the island of Ireland in my view risks undermining a very hard-won peace process" and that there is a need to ensure the "free movement of people and goods and services and livelihoods".

The EU’s chief Brexit negotiator, Michel Barnier, has made dealing with the Irish border question one of his top three priorities before discussions on trade deals can begin. British ministers are going to have to make-up their minds which one of four unpalatable options they are going to choose:

1. Hard border

The first is to ignore Dublin (and just about everybody in Northern Ireland for that matter) and institute a hard border along the 310-mile demarcation between Northern Ireland and the Irish Republic. Given it takes in fields, rivers and forests it’s pretty unenforceable without a Trump-style wall. More practically, it would devastate trade and free movement. Metaphorically, it would be a powerful symbol of division and entirely contrary to the spirit of the Good Friday Agreement. The Police Federation in Northern Ireland has also warned it would make police officers "sitting ducks for terrorists". Moreover, the Irish government will never agree to this course. With the EU in their corner, there is effectively zero chance of this happening.

2. Northern EU-land

The second option is to actually keep Northern Ireland inside the EU: offering it so-called "special status". This would avoid the difficulty of enforcing the border and even accord with the wishes of 56 per cent of the Northern Irish electorate who voted to Remain in the EU. Crucially, it would see Northern Ireland able to retain the £600m a year it currently receives from the EU. This is pushed by Sinn Fein and does have a powerful logic, but it would be a massive embarrassment for the British Government and lead to Scotland (and possibly London?) demanding similar treatment.

3. Natural assets

The third option is that suggested by the Irish government in the Times story today, namely a soft border with customs and passport controls at embarkation points on the island of Ireland, using the Irish Sea as a hard border (or certainly a wet one). This option is in play, if for no other reason than the Irish government is suggesting it. Again, unionists will be unhappy as it requires Britain to treat the island of Ireland as a single entity with border and possibly customs checks at ports and airports. There is a neat administrate logic to it, but it means people travelling from Northern Ireland to "mainland" Britain would need to show their passports, which will enrage unionists as it effectively makes them foreigners.

4. Irish reunification

Unpalatable as that would be for unionists, the fourth option is simply to recognise that Northern Ireland is now utterly anomalous and start a proper conversation about Irish reunification as a means to address the border issue once and for all. This would see both governments acting as persuaders to try and build consent and accelerate trends to reunify the island constitutionally. This would involve twin referendums in both Northern Ireland and the Republic (a measure allowed for in the Good Friday Agreement). Given Philip Hammond is warning that transitional arrangements could last three years, this might occur after Brexit in 2019, perhaps as late as the early 2020s, with interim arrangements in the meantime. Demographic trends pointing to a Catholic-nationalist majority in Northern Ireland would, in all likelihood require a referendum by then anyway. The opportunity here is to make necessity the mother of invention, using Brexit to bring Northern Ireland’s constitutional status to a head and deal decisively with the matter once and for all.

In short, ministers have no easy options, however time is now a factor and they will soon have to draw the line on, well, drawing the line.

Kevin Meagher is a former special adviser at the Northern Ireland Office and author of "A United Ireland: Why unification is inevitable and how it will come about"

Kevin Meagher is associate editor of Labour Uncut and a former special adviser at the Northern Ireland office.