2017 Ecuadorian tax haven referendum

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]

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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.

Africa Americas Asia Europe Oceania Other

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
Choice Votes %
Yes5,030,57955.12
No4,096,55944.88
Invalid/blank votes1,336,496–
Total10,472,302100
Registered voters/turnout12,816,69881.64
Source: CNE

Notes
  1. British Overseas Territory
  2. Part of the  Netherlands
  3.  United States unincorporated territory
  4. Overseas Collectivity of  France
  5.  United Kingdom Dependency
  6. External Territory of  Australia
  7. Free Association with  New Zealand
  8. Free Association with the United States
  9. Dependent territory of New Zealand

References
  1. Referendum on tax havens will be conducted in the elections of 2017 Archived 2016-12-24 at the Wayback Machine Ecuador Times, 22 November 2016
  2. Ecuador Revives Campaign for UN Tax Body IPS News, 27 January 2017
  3. Republic of Ecuador: Referendum IFES
  4. Ecuadorian IRS issues resolution with new list of tax haven jurisdictions EY, 9 February 2015
  5. President Correa: tax havens are one of the biggest problems in our democracies Andes, 29 July 2016
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