An Independent Journal of Ideas

Gauri Khanna

The Pandora Papers Reveal Something Bigger Than Tax Avoidance

Today, one of the largest leaks of financial information ever investigated was published.

It is called the Pandora Papers.

More than 11.9 million confidential records from 14 companies providing offshore financial services have been examined by the International Consortium of Investigative Journalists and hundreds of journalists around the world. The investigation involves financial structures connected to more than 330 politicians and senior public officials across more than 90 countries and territories, including 35 current or former national leaders.

The names are extraordinary. Current and former presidents, prime ministers, ministers, billionaires and members of royal families appear throughout the reporting. The documents reveal shell companies, trusts, property purchases and other structures stretching across jurisdictions from the British Virgin Islands and Panama to Singapore, Dubai and even parts of the United States.

My immediate reaction was fairly predictable: wealthy and powerful people have found elaborate ways of hiding money.

But after reading more about how offshore finance actually works, I think that description is too simple.

The most important word in this story may not be tax.

It may be information.

Because the Pandora Papers expose a world in which access to financial privacy itself can be purchased, and the people most capable of purchasing it are often the same people with the greatest political and economic power.

That creates a much deeper problem than whether one particular billionaire paid enough tax.

It creates two different levels of transparency inside the same political system.

For most ordinary people, financial life is relatively visible. Employers report salaries. Banks record transactions. Governments collect taxes. Buying property creates records. If somebody owes the state money, there are systems designed to identify their assets.

Extremely wealthy individuals have access to something different. Lawyers, accountants and wealth managers can establish companies, trusts and other legal structures across several jurisdictions. One company can own another company, which owns an asset somewhere else. The legal owner recorded on a document may therefore be several layers removed from the person who ultimately benefits from the property.

None of this is automatically illegal.

That distinction is essential.

There are legitimate reasons to use offshore companies and trusts. International businesses operate across borders. Families engage in estate planning. Investors may need companies in different jurisdictions. Wealthy individuals may have legitimate privacy or security concerns.

Appearing in leaked offshore records therefore does not by itself prove tax evasion, corruption or any other crime.

But legality does not end the political discussion.

A system can be legal and still produce outcomes worth questioning.

That may be one of the most important things I have started noticing about politics this year. We often collapse three different questions into one: Is something legal? Is it ethical? Is the system producing good outcomes?

They are not the same question.

A politician can obey every existing law while exploiting a loophole that the politician has no political incentive to close. A company can legally minimise its tax liability while shifting profits through structures ordinary taxpayers could never realistically use. A wealthy individual can legally conceal ownership from the public even when voters might reasonably consider that ownership relevant to evaluating conflicts of interest.

Saying “no law was broken” answers the first question.

It does not automatically answer the other two.

The Pandora Papers are particularly politically sensitive because so many public officials appear in them. Politicians occupy a different position from private citizens because they make the rules governing everyone else’s financial behaviour.

That does not mean politicians should lose all financial privacy. But if somebody has the authority to write tax laws, negotiate international agreements or regulate property ownership, the public has a stronger reason to know whether that person benefits from the structures those laws permit.

This is fundamentally a principal-agent problem.

Citizens delegate enormous power to politicians. The politician — the agent — inevitably possesses information the citizens — the principals — do not. Democracy therefore depends on institutions reducing that information gap through disclosure requirements, independent media, parliamentary scrutiny, auditors and conflict-of-interest rules.

Financial secrecy expands the gap again.

A voter cannot evaluate a conflict of interest they do not know exists.

This is why transparency is not simply a moral preference. It changes incentives.

If politicians know their financial interests will become public, they have greater reason to avoid arrangements that appear inconsistent with their public responsibilities. If ownership can remain hidden indefinitely, that constraint weakens.

The same problem exists with corruption. Corruption requires somewhere for the proceeds to go.

A politician can steal public money, but stolen money becomes dangerous if everybody can see where it ends up. Financial secrecy provides mechanisms through which ownership can become harder to trace.

Again, offshore structures are not synonymous with corruption. But secrecy infrastructure can be used by both legitimate investors and corrupt officials.

That creates the regulatory difficulty.

The same financial privacy that protects a legitimate business owner can protect somebody laundering stolen money.

Governments therefore have to decide how much privacy they are willing to sacrifice in exchange for greater transparency.

There is another uncomfortable part of this investigation. Tax havens are usually imagined as tiny tropical islands.

The stereotype is almost convenient.

A wealthy person hides money on some distant Caribbean island, and governments in London or Washington complain that small jurisdictions are undermining the international tax system.

The Pandora Papers make that picture much harder to maintain.

Financial secrecy is not simply something that happens outside wealthy Western countries. The investigation shows how professional advisers, banks and legal structures across major financial centres help create and maintain the offshore system. Some US states themselves have become important destinations for wealth seeking secrecy.

That changes the political argument.

It is easy for powerful countries to demand that small jurisdictions become more transparent.

It is considerably harder to impose the same standards on industries and jurisdictions benefiting from secrecy inside your own political system.

This resembles the problem I wrote about when the G7 agreed on a global minimum corporate tax in June. Governments say they want to stop tax avoidance, but governments also compete for capital. A jurisdiction gains economically when wealthy people choose to place assets there. Lawyers earn fees. Banks gain clients. Property markets receive investment. Governments may collect some revenue.

The international financial system therefore contains a collective-action problem.

Every government might prefer a world in which everyone else’s financial system is completely transparent.

Each government can still benefit from attracting money to its own jurisdiction.

If Country A introduces extremely strict transparency rules while Country B promises greater secrecy, some money may simply move from A to B.

Country A then bears the economic cost of regulation while the global amount of secrecy barely changes.

That is why unilateral reform has limits.

And it is why international cooperation is so difficult.

The countries writing international financial rules are not standing outside the system they regulate. Many benefit from it.

This is where the Pandora Papers connect to inequality.

Wealth does not only allow somebody to buy more things.

It can allow somebody to access different rules in practice.

An ordinary worker usually cannot hire teams of lawyers to determine which combination of trusts, shell companies and jurisdictions minimises tax exposure or protects assets. Someone with hundreds of millions of dollars can.

This does not necessarily mean the law explicitly says rich people receive different rights.

The law may formally apply equally.

But the ability to navigate complexity is itself a resource.

Imagine a tax code containing ten thousand pages of perfectly neutral rules. Everyone technically has equal access to those rules. One person can afford a team of specialists who understand every interaction between them. Another person completes their own tax return.

Formal equality exists.

Practical equality does not.

Complexity therefore creates its own form of inequality.

The more complicated a regulatory system becomes, the more valuable specialised knowledge becomes, and the more advantage flows towards people capable of purchasing that knowledge.

That makes me wonder whether some debates about taxation focus too heavily on rates.

We argue about whether the top tax rate should be 40%, 45% or 50%.

But the nominal rate matters much less if the tax base itself can be legally rearranged.

A 50% tax on income that sophisticated planning can transform into something taxed at 10% may collect less than a simpler 35% tax that is difficult to avoid.

The relevant question is not merely what is the tax rate?

It is what actually gets taxed, and who possesses the ability to change the answer?

There is also a democratic trust problem.

People are generally more willing to accept rules when they believe everyone else is following broadly the same ones.

Taxation depends heavily on this.

Governments cannot place an official beside every citizen and observe every transaction. Tax systems therefore rely partly on voluntary compliance and social norms.

If ordinary taxpayers begin believing that wealthy people can simply purchase exemptions through complexity, compliance becomes harder to justify psychologically.

Why should I pay everything I owe if the person earning one hundred times more has legally arranged their finances so that they contribute proportionally less?

That perception can be politically destructive even when individual arrangements are legal.

Institutions depend not only on enforcement but on legitimacy.

A tax system perceived as unfair becomes harder to sustain.

This is why the response to the Pandora Papers should not simply be to identify famous names and decide which ones deserve outrage.

That will dominate headlines because personalities are easier to understand than systems.

But the more important question is why the structures exist.

Who creates the shell companies?

Who registers them?

Which banks move the money?

Which lawyers design the trusts?

Which jurisdictions promise secrecy?

Which governments tolerate those arrangements?

And which international rules make it possible for ownership to become so difficult to trace?

If the answer to every financial scandal is prosecuting a few individuals while leaving the infrastructure unchanged, another leak will eventually produce another list of names.

The Panama Papers appeared in 2016.

The Paradise Papers followed in 2017.

Now the Pandora Papers have arrived in 2021.

The repetition itself is information.

Governments have introduced reforms. Banks face anti-money-laundering requirements. Some jurisdictions have increased beneficial-ownership disclosure. International organisations have pushed greater information sharing.

Yet the offshore system remains enormous.

That suggests either enforcement remains insufficient, the incentives remain too strong, or the reforms are addressing individual mechanisms while money simply migrates towards new ones.

Regulation creates adaptation.

Close one jurisdiction and assets move to another.

Require disclosure through one type of company and advisers develop another structure.

This does not make regulation pointless. It means regulators are participating in a continuous contest rather than solving a problem once.

The political response therefore needs to focus increasingly on beneficial ownership: identifying the actual human being who ultimately owns or controls an asset rather than stopping at the name of the company written on the paperwork.

Transparency cannot eliminate corruption or tax avoidance.

It can make both more expensive.

And perhaps that is a more realistic standard for policy. Governments rarely eliminate incentives they dislike. They change their cost.

There is another lesson here about journalism itself.

More than 600 journalists across 117 countries worked together to analyse this material. No single reporter or newspaper could realistically process millions of records spanning dozens of jurisdictions and languages.

That makes investigative journalism almost institutional in this case.

The people being investigated can move money globally.

Journalists therefore had to cooperate globally too.

That symmetry is interesting.

Globalisation has allowed capital to cross borders much faster than national regulators can sometimes follow it. The Pandora Papers demonstrate journalists adapting in the same direction: pooling information across borders because investigating global networks requires a global network.

Governments may eventually need to do much more of the same.

The deepest political question raised today is therefore not whether wealthy people are greedy. Greed is not a useful policy variable. Governments cannot legislate it out of existence.

The better question is what institutions should assume about human behaviour.

If the financial system gives people a legal opportunity to substantially reduce taxes or conceal ownership, some people will use it.

If politicians can hide conflicts of interest, some politicians will.

If jurisdictions can profit from secrecy, some jurisdictions will compete to provide it.

Good institutions are not designed around the hope that powerful people will voluntarily ignore incentives available to them.

They are designed so that pursuing private incentives does not consistently undermine public outcomes.

That is why today’s leak matters.

The Pandora Papers contain millions of documents and hundreds of famous names, and for the next several days those names will probably dominate the story.

But the most important revelation may be less dramatic.

There is an enormous international industry whose product is, in part, opacity.

And opacity has economic value because information has political value.

If citizens cannot see who owns something, regulators cannot easily regulate it. If tax authorities cannot follow assets, governments cannot easily tax them. If voters cannot identify financial interests, they cannot properly evaluate the politicians representing them.

Money buys property, companies and influence.

The Pandora Papers show that enough money can also buy something more fundamental:

the ability to become harder to see.

In a democracy, where accountability depends on citizens being able to see what powerful people are doing, that may be the most politically valuable asset of all.