How you can resist funding the government → other tax resistance strategies → tax evasion / fraud

Some bits and pieces from here and there:


Some bits and pieces from here and there:


Some bits and pieces from here and there.


The Treasury Inspector General for Tax Administration, J. Russell George, presented a report to the House Oversight and Government Reform Subcommittee on Government Organization, Efficiency, and Financial Management .

The IRS had recently bragged to the press that it had successfully blocked over 200,000 fraudulent tax returns this year that claimed over $1.15 billion in refunds. But George will tell Congress that: “We have found that the issuance of fraudulent tax refunds based on false income documents is significantly greater than the amount detected and prevented by the IRS.”

How significantly greater? To the tune of $14 billion, says George. To put that into perspective, that makes issuing fraudulent tax refunds a bigger federal budget item than, for instance:

  • The entirety of the Department of the Interior ($12.057 billion) — that includes the National Park Service, Bureau of Indian Affairs, Fish and Wildlife Service, Bureau of Land Management, and others
  • The total budget of the Internal Revenue Service ($13.285 billion)

Some bits and pieces from here and there:


Some bits and pieces from here and there:


Some bits and pieces from here and there:


Tax agencies live by bureaucracy and paperwork. Many of the earliest examples of writing in the worlds’ museums are tax records. But some mischievous tax resisters have discovered that this is a vulnerability that can be targeted.

For example, , a video blogger going by the name “StormCloudsGathering” considered the idea of “filling out thousands of random tax returns with nonexistent names and numbers… so suddenly they get flooded with a bunch of returns that don’t make sense…”:

What’s even more brilliant about [this] option is that even non-U.S. citizens — people living in other countries — could participate. You could send in hundreds of tax returns even if you’re an Indonesian. You know: Americans can live in Indonesia, and they’re required to file taxes… there’s no way for them to be sure, just because it’s coming from Indonesia, that it’s not a valid tax return. They would have to do the investigation, and that costs resources.

He recommends filing in the name of particular, offensive, multinational corporations, but I think the average person would have a difficult time filing a sufficiently complex return to serve as a convincing decoy in such a case. Another option would be to file corporate returns for nonexistent corporations, or individual returns for phantom (or dead) people.

War tax resister Ed Hedemann has already made plans for what he calls “zombie war tax resistance” — filling in years of tax returns ahead of time and putting them in pre-stamped envelopes so that his survivors can continue to file (but, of course, refuse to pay!) after he’s gone. “Why give the government a break from having to deal with your resistance when you die?” he asks.

Hedemann also makes a point of periodically filing Freedom of Information Act requests for any information the IRS and other government agencies have been collecting about his activities — hundreds of pages — and he’s put together a guide for other tax resisters to follow in making their own requests.

Currently in the U.S. there is an epidemic of tax fraud in which the fraudsters file for phony tax refunds in the names (and taxpayer identification numbers) of other, real people. This often causes the tax collection bureaucracy to swing into action against the victims of the identity theft, which is both a waste of resources and a way of further alienating the population from the government and its tax bureaucracy — potentially a model that a tax resistance campaign could benefit from.

The IRS has made a big shift in recent years from processing paper income tax returns, filled out by hand, to electronic filing. This is more efficient for the agency, as it no longer has to hire as many people to laboriously transcribe the numbers from paper returns into its computer databases. The agency estimated that it cost about 35¢ on average for the agency to process an electronically-filed return, compared to an average of $2.87 for a paper return.

This suggests that one way to make a minor dent in the agency’s budget and efficiency is simply to file paper returns rather than file electronically (this is still a legal option for individual filers, even those who go to professional tax preparers). But if this became a strategy of a mass-campaign it could even cripple the tax collecting bureaucracy. George Jakabcin, IRS assistant deputy associate chief information officer for systems integration, said in that the agency “would be in a world of hurt” if even half of the people who had switched to electronic filing at that time decided to switch back. “We no longer have the capability to process the additional 43 million returns manually. We no longer have the facilities, we don’t have the IT infrastructure in place to support them, we don’t have the people, and some would argue that we are beginning to lose the expertise.”

The IRS has tried to crack down on people who send them paperwork just to waste their time. They have come up with something called the “frivolous filing penalty” and can use this to ding you $5,000 each time you file any sort of paperwork with them that takes a position they consider to be “frivolous.” They can do this immediately and on the whim of whichever bureaucrat is handling your forms, without going to court, and you are only allowed to appeal your fine before a judge if you pay it first!

War tax resister Karl Meyer wasn’t about to let the IRS think it could intimidate him with such tactics. So in , when the “Cabbage Patch Kids” dolls (each one slightly different) had become ubiquitous, he invented when he called “cabbage patch resistance” — filing a different, blatantly “frivolous” tax return every day. He was assessed $140,000 in penalties in alone (though the penalty was only $500 back then). The IRS never collected the money though. The best it could manage was to seize and sell his car, for a little over $1,000.

“Constitutionalist” and “sovereign citizen”-style tax protest groups in the U.S. are fond of harassing tax officials and other government employees with lawsuits, liens, bogus quasi-official court filings, and so forth. In one example, Eddie Kahn’s “Guiding Light of God Ministries,” filed some 2,000 misconduct complaints against IRS agents. A newspaper article about a subsequent legal case against the group noted that:

Some agents have said that their supervisors ordered them to back off from audits or collection efforts in the face of [such] threats, just to avoid investigations by the Treasury inspector general for tax administration.

Some paperwork tricks are more like “hacking” in that they treat the IRS as a system that processes input and produces output, and note that certain examples of pathological input can result in output unanticipated by the system designers. For example, the IRS gave out $20 million dollars in the filing season when people figured out that if they substantially overpaid a tax return with a bad check, the IRS would cut them a hefty refund check before they noticed they’d been had.

Here are some more examples of paperwork hacks being used against the tax collecting bureaucracy:

  • South Carolina’s state government recently passed a law that required all organizations that “directly or indirectly advocate, advise, teach or practice the duty or necessity of controlling, seizing, or overthrowing the government of the United States, the state of South Carolina, or any political division thereof,” to register their activities with the South Carolina Secretary of State and pay a five-dollar filing fee. A member of the Alliance of the Libertarian Left (which probably qualifies, at least in its more ambitious moments) decided to register, but with a twist:

    When belligerence and inhumanity prevail, the peaceful and the humane must find honor in being categorized as the enemies of the prevailing order. Please keep me updated as to the status of our registration. I look forward to hearing back from you as to our official recognition as enemies of your state and its government. … P.S. I am told that there is a processing fee in the amount of $5.00 for the registration of a subversive organization. Our organization is in fact so dastardly that we have refused to remit the fee.

  • Prussian farmers in used the bureaucracy against itself. A New York Times report noted:

    [T]he big agrarians… are determined to resort to sabotage of all the tax laws…

    [A correspondent in East Prussia says] “They have all filed protests and demanded that they be relieved from paying the tax until the protests are settled. That means a delay of at least three years in collecting the taxes, and it is said that the Provincial Treasury is inclined to grant this request. The big agrarians declared that they would do the same thing with all the tax laws. In Berlin the people might decree what pleased them, they (the agrarians) would not pay the taxes or subscribe to the compulsory loans. They want to sabotage the whole taxation system that they hate, and consequently they want to make so much work for the Treasury officers that the latter don’t know which way to turn.”

  • During the Beit Sahour tax strike against the Israeli occupation, Elias Rishmawi worked to get a suit challenging the legality of the tax accepted by Israel’s court system. He remembers: “I had never had an illusion that the Israeli supreme court would give any justice to Palestinians. … [T]he appeal formed the legal coverage by which I and others were able to continue resisting from one side not paying taxes, since there is a case in court and they cannot force me pay until the case is solved they cannot take any actions against us since we have this case, and we kept challenging the system through different means.… This was impossible to achieve without the legal coverage of the supreme court. Because then, I and the others, would have been considered as inciters and then might be imprisoned for ten years. That’s why we needed that coverage.”
  • An early form of resistance to Thatcher’s Poll Tax was called the “send it back” campaign. The idea was that people would register for the tax, as required, but would accompany their registration with questions that would require further manual processing by the individual councils that were processing the tax:

    Government regulations state: “…if for any reason you consider that you are not a ‘responsible person’ please let me know and return the form to me without completing it.” Stop It wants people to take up this offer by writing to ask if they should be the “responsible person” and suggests they ask who will have access to the information supplied and why the authorities require exact dates of birth. The implementation of the tax was dependent on an accurate register and the protest campaign could make the register “wildly inaccurate,”… Labour MP Brian Wilson, chairman of [the anti-poll tax campaign called] Stop It, said: “It is a campaign of obstruction within the law that does not lead people to incur the substantial penalties that are built into the legislation.” The aim was to have the legislation amended or abandoned.

    For this and other reasons, the councils were inundated with paperwork, for which they were unprepared. “Councils sat under a mountain of paper. Everything they did seemed to create more work,” wrote campaign historian Danny Burns. He quotes from the Poll Tax Legal Group:

    The paper-work involved with administering the charge is enormous — and likely to get worse. Backlogs switch from one area of activity to another. Indeed, local authorities cannot really do anything without generating more paper-work.

  • Kate Harvey, a tax resister for women’ suffrage in 1913, once wrote: “I have just received the first demand note for this year’s taxes. I have torn it up, put it in the envelope in which it came, and re-posted it to the Tax Collector. I suppose it is now reposing in his rubbish basket.”
  • The Association of Real Estate Taxpayers in Chicago during the Great Depression led tens of thousands of property owners to demand reassessments of their property, which effectively swamped the Board of Review and allowed the property owners to legally delay tax payment.

Some bits and pieces from here and there:


Some international tax resistance news:

  • , a group of business owners in Lviv announced that they would stop paying value-added and income taxes to the Ukraine central government of Viktor Yanukovych — those taxes that go to maintain the military and internal security forces. The businesses plan to continue paying social security and local taxes. They also called on other businesses across Ukraine to join them.
  • The “pos me salto” movement of Mexico seems to be spreading to other countries where governments have hiked transit fares as a “stealth tax.” I’ve seen examples popping up in recent weeks from Rio de Janiero to Barcelona.

    protesters in Brazil disable fare gates

  • River Att, of Hulme, England, has legally changed his name to River Axe The Tax. Mr. Axe The Tax is fighting increased fees the government is charging to people who live in subsidised housing if the government deems them to have more rooms than strictly necessary: something foes of the policy call the “bedroom tax.”
  • Activists in Spain have been promoting something they call “economic disobedience” — a program of disengagement from the official economy and construction of a grassroots economy that includes tax resistance and redirection. A new report from Spain’s Ministry of Finance reveals that the underground economy in Spain has been surging, and now represents about a quarter of Spain’s gross domestic product.
  • France’s tax agency misses out on about €10 billion each year thanks to “zappers” — computer programs that businesses can use to override the software on their cash registers to as to hide transactions and avoid reporting receipts.

In other news…

  • A writer at the Episcopal Peace Fellowship site recently shared her thoughts after attending a war tax resistance workshop in Rochester, New York. Excerpt:

    I had the opportunity to meet with folks who have been war tax resisters since WW2 and with folks just turning the idea over in their minds. It was a powerful experience for me. I have never understood the depth of calling that moves folks to civil disobedience. In Ithaca, I am surrounded by folks that have protested for years, many have been arrested for their beliefs and some have served time for civil disobedience. This weekend I saw with an open heart and with new eyes.

  • The Boston Globe has a good article on the epidemic of identity theft and how lucrative the IRS makes it for the thieves. Excerpts:

    All told, in just , 1.6 million taxpayers were affected by identity theft, compared with 271,000 for , according to a recent audit by the Treasury Department’s inspector general. While the IRS said it discovered many of the incidents, the cumulative thefts have resulted in billions of dollars in potentially fraudulent refunds, according to an array of government reports.

    “I’ve had a police chief tell me ‘street crime is down because everybody is now filing false IRS returns,’ ” IRS Commissioner John Koskinen, who took office last month, said in an interview.

    While Koskinen stressed that the IRS uses a series of “filters” that are increasingly successful in catching identity thefts before refunds are paid, he acknowledged that “this problem has exploded” and that the agency is in a constant race to keep its detection techniques a step ahead of the thieves. “It is,” he said, “a little like ‘Whac-a-Mole,’ knock them down here and they come up over there.”

    “We have seen drug dealers go into this because it is easy access to money. Gangs go into this because it is easy access to money. Or at least they perceive it that way,” [U.S. Assistant Attorney General for the tax division Kathryn] Keneally said, while adding: “Please, if you quote me on saying ‘It is easy access to money,’ include: ‘We are changing that equation and we are adding risk to that.’ ”

  • To your typical amateur, the tax law can often seem like it was designed to entrap the unwary. You take some common sense step, or think you’re following the law, only to find that some obscure provision somewhere unexpected ensnares you in some subordinate clause’s cross-reference to an unfamiliar acronym. So it’s hard not to react with a hearty har-har when you hear that when the IRS itself was audited, by the Treasury Inspector General for Tax Administration, the auditor found that for 39% of the money the agency paid out to its employees as relocation reimbursement it failed to record that money as taxable income as the law requires. The IRS executives who qualified for the reimbursements thought of them, naturally, as a tax-free perk — but that’s not how the law treats them.

Networks of enterprising people around the world have discovered that they can siphon off some of the IRS’s ill-gotten goods by impersonating U.S. taxpayers and applying for refunds. This has become an enormous enterprise, with practitioners both foreign and domestic (including some who have managed to rake in hundreds of thousands of dollars this way from behind bars), and the IRS has only managed to slow the bleeding.

And now these criminal entrepreneurs have struck on the idea of working the game from the other side — they’re impersonating the IRS itself, calling up American citizens, and threatening them with government retribution — such as imminent arrest, deportation, license revocations, or property seizure — if they don’t pay some invented tax liability immediately (but, pay to the scammers, not to the real IRS).

The government calls it the “largest ever” scam of this sort — involving tens of thousands of victims, and millions of dollars in extorted payments. Hilariously, in warning people about the scam, the Treasury Inspector General for Taxpayer Administration claims:

“If someone unexpectedly calls claiming to be from the IRS and uses threatening language if you don’t pay immediately, that is a sign that it really isn’t the IRS calling,” he [Inspector General J. Russell George] said.

Sounds like Mr. George has never gotten a call from the IRS before!

The upshot of this is that the real IRS is going to have a harder time than usual distinguishing itself from smaller-scale thieves, and is going to have to devote even more energy into trying to assert its legitimacy.

And that’s energy the agency doesn’t have to spare — it has fewer employees now than at any time in the last decade, and much more to do: including implementing much of Obamacare, chasing down the rampant identity thieves, and responding to sweeping Congressional subpoenas regarding the TEA Party-targeting kerfluffle.

And morale at the agency has taken a dive for a number of reasons, exacerbating office conflicts, as a whistleblowing letter from IRS attorney Jane J. Kim reveals.


Some bits and pieces from here and there:


Some bits and pieces from here and there:

  • According to a Government Accountability Office report, people filing phony tax refund claims by using appropriated identities stole $5.2 billion from the IRS during the . (An additional $24.2 billion in such refund claims were detected before the IRS sent any money.) To put that into perspective, $5 billion is roughly the amount of money that was in the entire IRS enforcement budget (before recent cuts, anyway). Which is to say that nowadays the government pays more to organized tax cheats than it pays to combat tax cheats. The identity theft industry is a significant (and growing) part of the federal budget.
  • When the Syriza coalition looked like it was on track for a shocking victory in the Greek elections, people across Greece stopped paying their taxes. After all, Syriza had campaigned in part on the abolition of some new taxes, and had hitched its wagon to the “won’t pay” tax resistance movement. Well, now that they’re in power, they’re more apt to be caught talking about tax-paying as a “patriotic duty,” but the Greeks don’t seem to agree: tax collection is down by 23% from expectations.
  • An Italian priest, Don Marino Ruggero, has been making waves by promoting tax resistance to his flock. In his parish bulletin he wrote: “Catholic doctrine notes that there are fair taxes that are to be paid under pain of mortal sin and of the penal law, unfair taxes that you may evade without sin and without offense, and even perverse taxes that are contrary to the divine law and that should not be paid even if you have to risk your life.” He says he feels that the tax burden has become so grotesque in Italy that the taxes are no longer fair enough to be obligatory to Christians: “I wonder if it is better to pay utility bills and taxes and then have to go begging for charity. When a family sinks into despair because they have nothing to eat, one has to decide. I call for a tax strike. Yes, a peaceful revolution, in which it would be enough that everyone fearlessly stop paying any tax, with a single purpose: to undermine an out-of-control ‘meat grinder’ tax system. Gandhi said: ‘Withholding payment of taxes is one of the quickest methods of overthrowing a government.’ He and his people, they got it.”
  • Thirty thousand people marched in Dublin to protest an impending Irish water tax. Some 660,000 Irish households had refused to register for the new tax by the registration deadline.
  • Colectivo Utopía Contagiosa has issued its impressive annual report on the amount and the impact of Spanish military spending which is used, in part, as a basis for the practice of many war tax resisters in Spain.

An article by Alba Muñoz that appeared in PlayGround examines the Troika Fiscal Disobedience Consultancy project (translation mine):

Troika Fiscal Disobedience Consultancy

A Tax Haven For All: The Decisive Rebellion?

Disobedience.eu is born, a consultancy designed to resist the Troika

An old guy on my block used to say: “If you’re going to steal, steal big. Because if you stay small, you’re just a thief, but if you steal big you’ll be a millionaire. All it takes to be rich is to skim a little from everybody.”

“You make a lot of sense!” I thought. But the old guy never stole, at least not on a grand scale, and to me, frankly, the proof is in the pudding. The world is an unfair place, sir, and what are you going to do?

He who has the most pays the least, and this, at least when it comes to taxes, goes without saying: all of the companies in the IBEX 35 — those that are publicly traded and have the most liquidity in Spain — are located in tax havens and pay minuscule amounts to the Treasury in comparison to their earnings. Citizens, small- and medium-sized businesses, aren’t so fortunate with the tax collector.

It’s unfair, but legal. They bask in the sun on a private beach, and to the rest of us they leave only a miserable puddle to splash around in. Is there really nothing that can be done?

Beyond complaining, there’s a new plan — a yet untried option: drag our towels and camping chairs onto the private beach to say, “Hello, buenos días, good morning, guten morgen, we are also in the club.”

, Disobedience.eu, the first tax rebellion consultancy meant for the common people, was launched.

It all began when the artist Núria Güell contacted Enric Duran, the activist known as the “Robin Hood of the banks” for swindling — or expropriating, you might say — some half a million euros from various financial institutions in , with the motive of finding a way to buck the Troika. From there a small tax advisor emerged, the Troika Fiscal Disobedience Consultancy.

A score of European activists, and Duran from the underground, launched what may come to be the largest hack of the financial system in Europe, at least on the part of the citizenry.

“It starts by resisting the Troika through financial strategies, by playing with the law in the same ways as the neoliberal corporations,” says Güell.

The idea is to imitate Apple, Google, and Banco Santander — not for personal gain, but “to stop paying an illegitimate debt and to start financing the common good.”

“The Troika is dedicated to commandeering and privatizing the commons, it has a colonizing nature: all the countries that are subjected to it, like Spain, Ireland, or Greece, lose their sovereignty. We must create a parallel financial system.”

Fiji, the Cayman Islands, Liechtenstein, your home

If we were to do a math problem, it might go as follows: Say that John has a balance last trimester that comes to 2,000 euros VAT. John sends an email to Disobedience.eu with the amount he wants to resist (2,000 euros) and they will supply him with an invoice for that amount.

John will pay 8% for the service: management fees (1%) and a contribution to a common fund (7%). “The rest (92%), although recorded as paid, will not actually be charged. As far as I know, to forgive a debt is not a crime,” says Güell.

So John has an invoice that states that he has made a tax payment in Spain, although in reality no such thing happened.

“In the EU there is free trade, but in practice there is no common fiscal policy, and the justice system is not coordinated. The countries as a result have trouble obtaining information from one another. The big companies benefit from this, and now the little guy can do so as well. It would be very difficult for the administration of the country where he is consulting to know who has not claimed the income.”

John has evaded taxes, mimicking the techniques of the big multinationals, but for another purpose.

“92% of the money is yours. The idea is that you can dedicate it to projects for the common good, which are increasingly privatized or abandoned by the state.” For example, a support network for refugees or school libraries.

Desobedience.eu was inspired by the Coperativa Integran Catalana and the Right of Rebellion Collective, and will be linked to the international Fair Coöp collective. For this reason, Güell expects there will be a rapid increase of clients, projects, and affinity groups: “The assignment of the funds is up to each client. Nobody will be monitoring or checking on where it is going.”

Isn’t this a do-gooder form of tax evasion? How can you prevent “dishonest” evaders from using this tool?

Activists will sift the clients: “If a capitalist business wants to use this service to evade taxes, it will be turned down. On the other hand, a group of lawyers with a social focus have already been accepted.”

Gandhi versus Starbucks

The tax disobedience initiative has sparked interest, but also an understandable fear of possible legal problems. Güell asserts that the activists involved have everything sorted out: “The only people who run a real risk are those who put in their names to form the company, but they are insolvent and that protects them.”

Throughout history there are numerous examples of economic disobedience. “From the Boston Tea Party in to the Salt March of Mahatma Gandhi in .” Though there are also much more recent examples:

In the residents of Crickhowell, a town in Wales, grew tired of paying much more in taxes than Starbucks and decided to declare themselves a tax-free town and to create a company in the Cayman Islands: “They initiated a collective action of tax resistance, and since then the State has not done anything.”

With the activists of Disobedience.eu there is more resolution to attack the core of the system than fear of the possible repercussions. Furthermore, for Güell, economic disobedience is better politics than voting in democratic elections.

“If we do not have autonomy with respect to the Troika and the markets, there is no way to advance the many initiatives that we put forward. They are the obstacle, because they are above democracy. The dictator is only a dictator if he has subjects; disobedience is the only way remaining to us. Furthermore, disobedience is intrinsic to democracy.”

The real hurdle is to go beyond the environmental activists and the more politicized minorities and to extend the initiative across the whole population.

“Workplace exploitation; inability to make ends meet; a rainbow assortment of pills for depression; daily suicides from eviction, foreclosure, or meaninglessness; and murderous barbed-wire over some fictitious dividing lines. Why dedicate your life to feed this machinery that only benefits a minority?” asks Güell.

“You just need to open your eyes to notice that Europe is at a dead-end, caught between the technocrats of the Troika and the anti-immigration nationalists. The European Union is no more than a financial plan for plundering social wealth and impoverishing the workers, a set of legalized financial crimes that act to transfer the income of citizens to the banks and large corporations.” And as such, the response should be collective and in the financial sphere.

As Aristotle told us, politics does not manage the public sphere, rather our everyday actions are what create policy.

The actual mechanism by which the tax evasion happens is left a little obscure by this article, but as best I can gather it’s something like this:

In Europe there is a value-added tax, which is something like a sales tax. It is added to the price of the good as it increases in value during its manufacturing stages, but intermediate goods that are sold to other sellers (for instance, goods purchased by merchants for resale) do not have more tax added to them.

If you’re buying something for resale, rather than paying the tax at the time you buy it, you indicate to the seller that you’ll be adding the tax to the price of the goods at the time you resell it, and then whoever sells the goods to you sells you the goods tax-free. An exchange of invoices allows the tax agencies, in theory, to follow the supply chain to whoever is responsible for collecting and remitting the tax.

But this process is frequently gamed. For instance, if the final seller is a sort of Potemkin business that vanishes before taxes are due, then the taxes never have to get paid. Or, apparently, if that seller is officially domiciled outside the European Union — say, in the Cayman Islands or something.

So what the Consultancy seems to be doing is to be providing invoices saying that they’re responsible for paying any value-added tax that ordinarily would be paid by a resisting small business. They charge the business for the cost of the goods, but they don’t bother to collect most of the money. So the business is off the hook for the tax, the Consultancy doesn’t generate any income that might make it liable, and everyone walks away a little happier.

Something like that, anyway.

They also seem to be doing some of their transactions (the percent of the invoice they do intend to collect, for instance) in “FairCoin” — a bitcoin-like currency. I’m not sure what advantages if any this gives to the Consultancy or the businesses that use it, but it seems like something that could boost the value of FairCoin as a currency, and maybe that’s the point.


Links have been piling up in my bookmarks as I spent poring through back issues of The Mennonite.

International Tax Resistance News

The Crisis in Nicaragua

Protests against the Ortega/Murillo regime in Nicaragua have been brutally repressed by murderous government and paramilitary forces. Some parts of the protest movement have been engaging in tax resistance, but they have so far been unable to convince COSEP, a Nicaraguan business confederation that nominally supports the protests, to take such a strong action. In addition, an organizer of tax resistance in the Mercado Oriental was arrested and swiftly sentenced to a prison term.

  • Tax attorney Theo Báez has been advising businesses of their legal right to delay paying taxes to the government until it comes into compliance with its legal duties.
  • La Prensa reports that while tax collections in Managua plummeted in , they have begun to recover.
  • Iván Olivares, at Confidencial, examines the prospects for a tax resistance campaign and concludes: “A tax strike would be effective only if it is total.” (translation mine):

    Launched on as another variety of civic struggle against the dictatorship, the proposal to carry the thesis of civil disobedience to the extreme of applying a “tax strike” is still in force, but has not yet switched on, except in the Mercado Oriental.

    On that date, the Academy of Sciences, and the Academy of Legal and Political Sciences, called for “civil disobedience as a national imperative to be put into operation immediately,” inviting employers, workers, students, and taxpayers to immediately suspend the payment of taxes to DGI, DGA, and city hall, in particular “withholding of Income Tax from salaries.”

    Although the call for tax resistance enters the popular imagination as a civil form — and for that reason a legitimate one — of resisting the regime of Daniel Ortega, neither businesses nor individuals have responded with determination to the proposal, from fear or from caution.

    Caution as demonstrated by the sources consulted for this article, who requested anonymity as they explained that people, business-owners and managers in particular, are afraid that the tax administration will fine them or, worse yet, temporarily take over operation of their companies or shutter their business.

    Not all of the sanctions are catastrophic. There are cases in which the fine applied is equivalent to 2.5% of the amount not paid in the case of the monthly advance payment of the business income tax, or 5% in the case of the value-added tax or of income tax withheld from the salaries of employees.

    “Technically, it’s an invalid appropriation of withholdings, and can be criminally sanctioned,” in addition to being shut down, fined, or temporarily put under government management, explained a source with extensive experience in tax matters.

    That said, this source sees a variety of reasons to doubt that they would decide to take such extreme measures, beginning with “as far as I know, they have never applied them to anyone.” Another is that to close a business means sending its workers into unemployment, which implies that they will not receive taxes from the business or from those consumers.

    But beyond believing in the mercy that any of these reasons implicitly assumes, the source points out fact that is easier to accept: “If the resolution is massive, the tax administration simply does not have the capacity to audit and penalize everyone at once.”

    Larger Companies Have More Fear

    If it is decided to penalize only some in order to set a precedent that strikes fear into the others, surely one of the larger ones will be chosen, which not only has more ability to defend itself in the courts, but also to negotiate, precisely because of its size.

    Another source asserts that “although it may seem obvious, the businesses that take the least risk are the most powerful ones, for the simple reason that they are not big taxpayers but big tax collectors.

    “The DGI, does not want to be bothered with them, because if they weaken them, this affects tax revenues, principally value-added tax withholding.” When the big companies that could take such measures don’t apply them, despite their intrinsic power, they are demonstrating “the cowardly face of big capital. If they would decide, the blow to DGI would be immense,” s/he says.

    Róger Arteaga, former director general of Revenue, agrees, saying that “big capital has not wanted to go all-in. It is true that it gave its approval to the strike, but did so with fear and only temporarily.”

    There is at least one group that risks more in a tax strike: import and export companies, which require clearances that can only be obtained once they have paid the corresponding taxes.

    “If one of these business doesn’t make its monthly statement, or makes it but doesn’t pay, it falls into insolvency, and can neither import nor export. The only importers who could afford that ‘luxury’ would be those that have sufficient product already on hand, especially at times like these, when there is little movement of inventory,” explained one of our sources.

    Small- and medium-sized businesses — both fixed-quota and general regime — can stop paying taxes as long as the situation does not normalize, and while this makes them vulnerable to penalties, it is not likely that this will occur, especially, again, if a critical mass applies this measure of fiscal chastisement.

    How long can the government last without taxes?

    Our sources note that before making tax payments, the employer must guarantee the salary of its employees, and that the decision not to pay taxes is “protected by the higher legal concept, legally enshrined in the national legislation, as the Act of God and the Force Majeure. Nobody is obligated to do the impossible, and the reason for this impossibility lies outside the control of the employer or employee.”

    Citizens, on their part, could put pressure on big and medium-sized business, offering to act together if the Treasury moves against them.

    “In this context, big capital must play a consistent role, acting firmly in the face of a Treasury that has granted them such special privileges. It would be their most authentic repentance for the eleven years of tax advantages they have taken in the shadow of power. That stain should be washed out right away,” they say.

    As an expert, Arteaga proposes “that the businesses do not charge value-added tax, and the citizens not pay it. Income tax also. There are penalties, but the penalties and decisions of this government must be ignored, as they have no legitimacy. How long can the government last without taxes?” he asked.

    “Tax resistance aims to respond to Ortega’s claim that he will stay on through : we must find a solution, and one of these is for the private sector finally to decide on civil disobedience of a monetary and tax nature,” he explained.

  • Pedro Muñoz Fonseca, president of the executive committee of Costa Rica’s Social Christian Unity Party, urged Nicaraguans to use tax resistance against their government:

Social Media Tax Protest in Uganda

The government of Uganda has imposed a 5¢-per-day tax on using social media and other services. This was designed as both a revenue measure and a way of reducing what Ugandan president Yoweri Museveni calls lugambo (“fake news”). Amnesty International has been among those to see through the government’s rhetoric and cast the tax as “a clear attempt to undermine the right to freedom of expression.”

protest marchers in Uganda, with their elbows hooked together, dressed in red shirts featuring a smart phone screen that reads “This Tax Must Go”

Ugandan protest marchers wearing shirts featuring a smart phone screen that reads “This Tax Must Go”

War Tax Resistance Around the World

Obituaries

  • Raymond Hunthausen has died. As Catholic archbishop of Seattle, he took a remarkably strong stand on nuclear weapons — famously calling the Trident nuclear submarine program being developed nearby “the Auschwitz of Puget Sound” — and began practicing war tax resistance in response. This earned him enemies in Washington and in the Catholic hierarchy. Here are some of the obits and remembrances: A biography of Hunthausen, A Disarming Spirit, will be released soon.
  • David McReynolds has died. He was a long-time War Resisters League and Socialist Party activist and was also on the staff of the Committee for Nonviolent Action which helped to spearhead war tax resistance as a tactic during the campaigns opposing the American war in Vietnam. He was among the signers of the “Writers and Editors War Tax Protest” in and of a similar public pledge .
  • David Paul Irish has died. He was active with the Fellowship of Reconciliation, Women’s International League for Peace and Freedom, Peace Brigades International, and Witness for Peace. He was an advocate for war tax resistance in the Society of Friends, drafting a minute in favor of of war tax resistance that the Twin Cities and Minneapolis Meetings approved in .