Some historical and global examples of tax resistance → Spain → war tax resistance movement → Pablo San José

, I shared Ricardo Rodríguez’s critique of tax resistance from Rebelión. Also , Rebelión published a rejoinder from Pablo San José of “Turtle Antimilitarist Group” (translation mine):

In defense of War Tax Resistance

I have read, with some surprise, an article published on the Rebelión website and signed by Ricardo Rodríguez — Critique of Tax Resistance.

In said paper is found a broad (but intended to be detailed) and harsh critique of this political tactic. It is not the first time that people — a priori, and not based on our ideas and practices — have made such fratricidal criticisms, and coincidentally a little conveniently at the time of year during which the campaign is made, and of course Ricardo Rodríguez is not the first person to raise these same arguments.

Although Rodríguez says there exist different ways to do “tax resistance,” as one who has spent years working on this within the Antimilitarist Movement, I will try to defend the particular form which we call “war tax resistance” by responding to the criticisms made.

I will try to summarize in five points the principal criticisms that emerge from Rodríguez’s long paper:

  1. Tax Resistance is elitist and reactionary, inasmuch as it is proposed in one of two formulas: a taxpayer redirects a particular percentage of his taxes, such that one who has more money has “freed himself from paying the Treasury more money,” “the right to object increases in proportion to the wealth of the taxpayer.” That, he indicates, is a “strange notion of economic justice to be promoted by groups on the left.” On the other hand, the most precarious citizens who are not obligated to file, or whose tax return results in “a refund,” etc. become unable to effectively practice it. “Employers, but not the employees” may object, which makes it a privilege and an absurdity insomuch as these elites are not going to be particularly interested in disarmament or in other social improvements.
  2. The redirection of money that is to be done via Tax Resistance does not work toward the pursued goal. The state will not apply this reduction in revenue to the ends proposed by the resisters, but to whatever it finds convenient. And in the present context, this will be most likely to rebound negatively on expenses for social security and not on those for the military, banks, etc. In fact, we could be contributing to worsening conditions of the least advantaged sectors of society.
  3. Following the previous argument is put forward as a possible response that “still, in any case the money will overflow to social necessities, since it is to this type of destination that the resisters redirect,” and he shoots this down with the argument that such a thing represents “a transfer of resources from free, public, universal services to private entities,” to “a private safety net,” to “the charity of good Samaritans” who usurp the right that we have to receive such benefit from the “powers that be.”
  4. The supposed symbolic function of Tax Resistance to serve as a tool to transform consciences is stopped in its tracks. The results of the campaign speak for themselves. Moreover, the campaign is only known thanks to the efforts of its own promoters. The letters sent to the Tax Agency managers, he affirms, are completely lacking in political significance.
  5. The campaign generates an ideology with neoliberal resonance: it proposes that the payment of taxes can be something decided by individuals and not by the collective “necessity” determined by the “state” or by some type of authority that looks out for the common interest. Such a thing is very dangerous as from it could derive the right of each individual to oppose contributing to whatever he is not in agreement with, putting the question of financial contributions to the common good on a somewhat objectively slippery slope (do we accept the right of pro-lifers to object to health spending, or Emilio Botín to social policies?).

I would very much like to talk about the base assumptions underlying these questions in the article from Ricardo Rodríguez, such as the nervousness that freedom understood as an individual right appears to produce in him, his faith — that I deduce from reading between the lines — in the “democratic centralism in the Leninist style” as a model of organizing collective decision-making, his commitment to state institutions as the supreme guarantee of the public good and the ultimate manager of of the rights that they permit, or his antagonism to “Conscientious Objection,” which he ends up fancying as reducing to a species of individual moral scruple, ignoring or wanting to ignore everything about the political, public, and transformative dimensions. However I will not enlarge unnecessarily on this already very extensive response, and I will limit myself to commenting on the arguments related to the topic under debate.

From reading Rodríguez’s text it can be deduced that he does not speak from hearsay and possesses plenty of knowledge with respect to the mechanics of Tax Resistance and of the aspirations pursued by the entities that promote it. However there are evidently also important lacunæ and deficits of focus.

War Tax Resistance, which is the concrete example to which I will refer, is not an end in itself, nor does it intend to detract from antimilitarist work (much less the anti-imperialism of which Rodríguez speaks), nor do those who promote it proclaim it to be the definitive or unimprovable tool.

In fact most of the groups that promote it emerged from and participate in the larger antimilitarist/pacifist movement, working for decades simultaneously on other types of work such as what was, back in the day, Draft Resistance, promotion of a curriculum for peace education, direct action against military installations, counter-propaganda, etc., etc. In reality, it is not even a campaign in and of itself, but is part of the larger work we call “Campaign against Military Spending” and which includes more time, resources, and actions each year.

The immediate and realistic object of this proposal is not to overthrow the military by means of the method of depriving it of financial resources. Rodríguez should not imagine us to be so naïve. We would like that such a thing could be, but for now it suits us to avail ourselves of this gesture — that, as noted, is more symbolic than effective today — in order to amplify our protest, that is against military spending, but also against the institution that is dedicated to this spending, and to its use at the service of certain interests that in the final analysis are those of the capitalist economic system. Yes, Rodríguez, with this work, to your eyes elitist, reactionary, neoliberal, and — why not say it? — counterrevolutionary, “politically infantile” and petit-bourgeois, we try, just like you, to combat and transform the capitalist system.

War Tax Resistance helps very many people every year — fewer than we would like but more than what would be if we were not to put forth the effort — become aware of the fact of the matter of militarism in this society and to learn concrete data concerning its importance and omnipresence, its causes and consequences… and in particular data about the way the public treasury dedicates money to these purposes and not to others.

Rodríguez says (point 1) that tax resistance is elitist and reactionary: “with the most spending power, more money can be diverted…” That is one way of looking at it, but you must know that the how-much-money question is the least important in the campaign. The truth is that we hardly pay attention to the amount of money that is redirected each year. What interests us is the number of resisters. We are just as happy if they have redirected a percentage of their tax, or the particular amount of 84 euros, or half a euro, or… a resistance of three thousand euros (which there is) has no more political value than one of ten cents. Besides being mistaken on this question, it is possible to perform War Tax Resistance, and so we recommend, when your tax return results in a refund, when your tax is zero, or when one does not legally need to file. It is not true that poor and unemployed people cannot participate, in fact they do participate according to most resisters. On the contrary, and as is natural, there isn’t much participation from “the elites.”

With respect to the second argument (point 2), that the state will subtract the money that it fails to collect from the budget for social purposes, it is but the subjective presumption of Rodríguez. In any case, people who make this gesture add force to their communication so that the politicians and the rest of society will be conscious of our desire that this money not be financing armies, armaments, and wars. If such a demand is ignored, the responsibility clearly has to be imputed to those who disobey the popular mandate and not to us, as Rodríguez aims to accuse. And effectively — and this is a question of political strategy — the bureaucracies in service to the System may, as is often the case in other times and areas, ignore the citizens’ desires and demands and act illegitimately, but everything has its limit. I am convinced that in this case the limit is quantitative. If resisters represent a small percentage of the population, they may amount to nothing, but at the moment when they present a significant figure, it will not be so easy to deal with them.

The approaches that I have outlined in point 3 look to me a bit out of place as they seem to reflect a very particular political ideology. There is no time to waste in questioning here the faith of eurocommunists and some Leninist groups in the “Welfare State” and in the “State as guarantor of services, rights, and liberties,” and diametrically opposite, in a Manichean way, is all that is not “State,” conceived of as “privatization, Samaritanism” and other such monsters. It is a point of view that seems to me tendentious and reductionist. To compare solidarity organizations that receive money from War Tax Resistance with capitalist enterprises in search of profits and without social utility, I believe is totally excessive, and to proclaim that such social assistance provided by the state will be better than any alternative, seems the same.

In fourth place, according to my summary, Rodríguez questions the extent of Tax Resistance. Here I must submit to reason. Certainly it is only the efforts of the promoting groups that gives part of society access to the political message that is hoped to transmit. Unfortunately, the mass media tend to ignore the campaign, with some honorable exceptions. Indeed, Rodríguez proposes alternative actions such as gathering before the tax agency doors at the beginning of tax season, actions for that matter — as he acknowledges — we are accustomed to do. Perhaps it is our responsibility that the work of War Tax Resistance has a limited scope. But even if it is a solid argument against it, I don’t believe that this alone can dismiss it. There are struggles that last a long time in bearing fruit; and while they go on with no significant results they come to affect the way many people see things, and, in this case, as I say all the time, this is no more than a part of a larger work, it’s complementary. However, as things are, and to look at it from another point of view: what revolutionary political struggle today is making an end of the System? That would not lead us to come to the conclusion that none of those existing have validity and sense.

Finally, the fifth point of the summary brings us to a disquisition of an ethico-political sort. The principal determinant of the actions of each of us is what: individual conscience or collective agreement? Rodríguez sticks with the second; me with the first. And in fact I believe that the collective agreements must be fabricated, and then applied, by means of the free consent of personal choice and not some type of victory of majorities over minorities. Because being the majority is not synonymous with being right, and because our individual conscience — this concept that appears to have so little credit with Rodríguez — is that which makes us people and not pieces of machinery. Neither do we agree in the value we give to the institution of the State as administrator and arbitrator of rights. That’s why he didn’t issue, for my part, enough skepticism at this time about the possibility of people of different ideologies refusing to pay taxes. In the transformative and revolutionary horizon, which unfortunately for now we are far from as Rodríguez points out, until a society without the State, without accumulation of power or of wealth, in which people can be really free and interact with dignity and justice, it is reasonable to neglect to pay part of or all of the taxes to the actual administration, as it is reasonable not to have a big problem with other people, the way things are, doing the same.

I should not neglect to refer to a couple of inaccuracies in Rodríguez’s text, to wit:

It is to be expected that the Tax Agency will issue its own return and charge us for what we failed to pay. For this eventuality, the promoters of resistance ask us to comfort ourselves until the end with the idea of converting each such letter into a new opportunity to protest

Though Rodríguez appears to not be familiar with it, some years back the opposite was recommended. This is a symbolic political gesture that works in the face of the arousal of the society, it is not masochism or an act of martyrdom. This path of appeal is only recommended with certain conditions, and if it will be used effectively as a means of protest to amplify the denunciation of military spending, knowing full well that the appeal may not technically succeed in a legal sense, except for those relating to fines.

And if once discovered but not charged, this is likely because the debt is so low that the administrative procedures to force payment would cost more, or because, given the growing scarcity of personnel, the Tax Agency offices are concentrating on larger debts.

This argument only applies with respect to tax returns with tax owed, but in the many in which the result is a refund and the Treasury refunds what it has to, then is refunding more via the WTR, how do you explain that?

Finally I strongly call attention to the suggestions that Rodríguez made with his possible alternatives (that are no improvements) to Tax Resistance.

  • On the one hand, he calls out for tax resistance to indirect taxes (the VAT, etc.) in place of the “very revolutionary” — according to Marx and Engels — progressive taxes like the income tax. Indirect taxes, according to Rosa Luxemburg, increase the capability to finance militarism.
  • Also, inconsistent with the previous in my view, he proposes to refuse paying direct taxes in certain cases that he judges to be more legitimate. For example, he cites the refusal of some Americans to pay taxes on such grounds during the Vietnam War. Such a gesture is considered by Rodríguez as “true civil disobedience” while that of War Tax Resistance is entitled “denouncing imperalism and the massive crimes of the system and then merely being satisfied with pilfering small change from the purse.”
  • Finally, a sort of uprising called anti-bank actions à la Enric Durán, represents something like the true way to proceed.

In conclusion:

This criticism doesn’t seem to me very pleasing, and less at this particular time of the year. If Ricardo Rodríguez is a revolutionary activist so conscious of the necessity of overthrowing the capitalist system, why don’t present realities occur to him as more worthy of criticism and denunciation than this? Even assuming he were right in all or in part of his critiques, could War Tax Resistance really present an obstacle so capital as to warrant such an onslaught? And along with the questions, does Ricardo Rodríguez wander so lazily in his revolutionary work that he does not have another thing to aim against than those who, with methods more or less far from his, work for a similar objective?

One is to believe that Ricardo Rodríguez is an active member of one or various revolutionary collectives and that they take themselves seriously at this — than many people promoting War Tax Resistance and who back in the day performed Draft Resistance — in the front of the struggle that he considers more useful and practical. However the current reality, that there are not many struggles going on that appear to be seriously undermining the System, must give us a certain humility and a certain consideration for the work of others. Because it does not seem that the Leninist parties in their various guises are anywhere near the point of winning elections, nor does it appear that any massive anti-bank movement is at the point of achieving a financial collapse.

But, because we believe in humanity and have hope, we continue forward.

In any case, thanks also for the chance to reflect, assess, and take stock of what is involved in this public critique.


The debate continues! These translations take me hours, as my Spanish is so rudimentary, so I don’t know how much longer I can keep up. Especially as the argument seems to be descending into hot, dark, flame war territory at this point (in this latest dispatch Rodríguez seems to mostly be restating the points in his first one, but in a heightened tone of indignation).

But anyway, here Ricardo Rodríguez responds to Pablo San José’s rejoinder to Rodríguez’s critique of tax resistance (translation mine):

Clarifications concerning tax resistance

Pablo San José has had the courtesy to respond to my critique of the tax resistance campaigns in an article that appeared, like mine, in Rebelión.

I would like to make some clarifications, with the promise that I will not bore readers with a new essay on this same subject:

  1. The finding that I have poorly chosen the time for my writing, given that we find ourselves in the midst of tax season, depends, naturally, on what is your opinion about tax resistance. Mr. Pablo San José would have to admit the possibility that there are those who are not in accord with it, and that, for those who think thusly, tax season is the most opportune moment to express what they think.
  2. It would be healthy some time for us to begin to respond without referring to prejudices of individual taste. As Don Pablo San José is not pleased by what I think, he pigeonholes me without reservation in the group that advocates “democratic centralism in the Leninist style” or, alternatively, in the camp of “eurocommunism” and those who have a blind faith in the State. Thereby I am grouped in the company of evil, making it much easier to continue your article drawing on the categories of “us” (the things we do, the risks we take, the antimilitarists) and “them” (the sectarian communists who do nothing and are limited to censuring the actions of others). Polemicizing in this way is very simple, but is not honest.
  3. In no place in my writing do I equate the organizations that develop projects of social aid with private for-profit enterprises. I said it constitutes a “private safety net.” Depending on the case, not only do I admire such but have personally collaborated in it with my work, but I do argue that what we must aspire to is that the management of social services be public, because this is the only way to provide them with a guarantee of full justice and universality. It is commendable that there are groups of people disposed to mitigate the suffering of other human beings, but the ideal is that the community be collectively addressing the needs of everyone. My goal is that the State comes to vanish and be substituted by assemblies of citizens who take the fundamental decisions with the free and considered participation of all. To the extent that we are fighting for this utopia, the privatization of public services does not appear to me as the best road to take.
  4. Concerning the question of elitism, I must have explained myself poorly and I will try to correct myself now:

    In a number of writings favorable to tax resistance that I have read, I have encountered two aspects related logically to each other. On the one hand is proposed an act of symbolic struggle against the militarism and other injustices of the system. On the other hand, is demanded that the right to object be recognized by Law as a civil right. But, clearly, when one requests to be able to exercise a right it is assumed that one is disposed to admit that others can exercise it with purposes different from yours, and when someone suggests a form of protest, it should give provision for what serves for other objectives when others see that it is a valid form of protest.

    Probably, Pablo San José is ignorant that there are other tax resistance campaigns, in particular one that promotes an important policy of the Catholic Church in opposition to abortion. You can find information about it at http://www.arbil.org/100fiscal.htm. I, as Pablo San José imagines, am a die-hard enemy of militarism and a partisan, on the other hand, of the right of women to make free decisions about motherhood; under no opinion are the ends of the two campaigns comparable. But the means is the same and the right that is claimed is to be able to carry out both. And truly in a democratic society that allows tax resistance, why can a citizen not claim that with “his” income tax payment public health practice of abortion is not to be funded? In fact, it is sufficiently improbable that the State will go so far as to admit that one may resist military spending, but it is not outrageous to imagine that, within their regulatory capacity, regional governments such as that of Madrid introduce at one time or other an option such as for abortion. In such a case, your movement has put forward an essential part of this argument’s arsenal.

    And here is where we touch on the core that Pablo San José mentions but on which he did not want to elaborate: individual liberty. In no place do I oppose it. That which I question is whether one can have the option to decide individually what the whole community can do with that which he contributes. I said, and I repeat, that such a claim is reactionary. If tax resistance became a recognized right, it would be economic capability that would determine the ability to have influence over collective decisions, and then we would not be facing a society of free and equal individuals. The absence of real democracy in the modern capitalist states must be overcome with the collective force of socially organized citizens, as much for a Leninist as for a follower of the beautiful ideas of Kropotkin. And if that is the goal, the methods are to point towards it, and not in the opposite direction. This is what I said.

    In regard to the concrete practice of resistance as a form of protest I also ought to explain something. I did not write that those who receive a refund are unable to resist, but that for them it is more difficult. Neither did I say that it is impossible for those who are not obligated to file, but that for such people the result of filing will not be a refund. It would be absurd for a person not obligated to file to file a return to pay (something that Pablo San José will know is not infrequent), put forward the income tax to pay that which he is not obligated to pay, and subtract the quantity for the resistance. Come on now, I say. And then I mentioned people so poor that they don’t pay income tax, independently from their obligation to file, but who pay a multitude of consumption taxes every day. That about “the more purchasing power, the more money can be redirected” (I did not use those words, so I don’t understand the quotation marks), was referring only to when the percentage-of-the-tax formula is used. I imagine that this latter will not be denied: whether or not the quantity is more important, it is mathematics that if you resist a percentage, in general the people with higher taxes will fail to pay more to the Treasury.

    But, to sum up, this again does not rebut the fundamental question, which is whether the power to protest or to decide be based on ones economic capacity, such that it would lock out from participation a particular number of citizens, perhaps a thousand or three million. Because of this, I think that it is elitist, it is the end that will come from the right to resist being legalized, and it is the means, because the means have adjusted to the ends. Authoritarianism is not the road to freedom, and economic exclusion is not the road to equality.
  5. San José notes two inaccuracies in my article. He says, firstly, that it is not true that in at present it is recommended to appeal to the bitter end if the tax agency demands the unpaid amount. I am happy to be able to correct my error on this point, but I must clarify that an article published this week in Kaos en la Red and taken from the Diagonal speaks of continuing “with the protest, appealing to such demands (those from the tax agency) until exhausting all of the legal avenues”, without advancing prevention of the unfavorable consequences. By coming in one of the publications promoting resistance, I supposed that the information was correct.

    Secondly, San José asks for an explanation why in some tax returns with refunds the tax agency refunds the expected amount plus the resisted quantity. Well, the explanation is the same as that for tax returns where money is owed. The large-scale control of the correction of tax returns is computerized. There are a series of filters. Most of them are cross-checked with information provided to the agency by third parties, also filtered by increasing of the amount, or specific filters (for example, statements of death always contain information for claiming accreditation documentation of the endowment of the heirs from whom they charge a refund). If no computer filter catches the mismatch, from the low quantity or because it appears in an entry that does not conflict with any third-party data, the process continues its course: the tax return is validated without parallel output or recourse whether it is for a payment or a refund is requested. Only the returns flagged by the system are reviewed by staff and there isn’t an individual decision from a bureaucrat for each of these returns. But then, if Mr. San José wants to continue thinking of other possibilities, he may do so.
  6. I’m not going to add more (and I have had enough already) about the proposals I protest. I get the feeling that I have not been understood very well, that historical allusions have been mixed in with that which I propose today, or the simple act of removing money from a bank account (an legal act that in principle carries no legal risk) is equated with the action of Enric Duran (that in fact I have supported).

    That which concerns me more is the small importance that appears to be given to taxes on the left. In this area, the ideological defeat is overwhelming. It may be said that a consumption or indirect tax that all citizens pay is equal with a tax that can have an effect on redistributing the wealth; that we don’t mind that great estates avoid tax, or that it carelessly brings us the incessant rewarding of the corporations with deductions from social security tax. I don’t say anywhere that the income tax is revolutionary; I say it is one of the few taxes that conserve some progressivity, and that if we choose to begin a campaign of protest with reasons legitimate in principle, it would be more careful that we do not give ammunition to our adversary for tightening the screws on the path to economic inequality. Of that there is more than enough, unfortunately.

    To me it seemed that this was sufficient reason to waste my insignificant time in offering my opinion. I have under my belt nearly twenty years of political and social militancy, collaborating in diverse campaigns, confident that not in this will I cede to Pablo San José. Always I give my opinion with sincerity and admit that I may be wrong. But never have I tolerated from anyone, nor am I going to tolerate, that I am required to selflessly toe the party line in order to have the right to do so. Neither will I, for my part, require that from anyone else.