In a move that is both remarkable and disturbing, the European Commission plans to file a complaint — and threaten protectionist trade barriers — because attractive Swiss tax policies are supposedly a violation of a free‐trade accord. The bureaucrats in Brussels are not arguing that Switzerland is imposing barriers against EU products. Instead, the Commission actually is taking the position that low taxes are attracting businesses that might otherwise operate in high‐tax nations. The implications of this radical assertion are breathtaking. It certainly is true that a nation with more laissez‐faire policy will attract economic activity from neighbors with more burdensome levels of government. But if this migration of jobs and investment is a “distortion” or trade, then the only “solution” is complete and total harmonization of all taxes (and regulations, spending, etc). If the Euro‐crats succeed with this argument at the European level, it will be just a matter of time before similar cases are filed at the World Trade Organization. Look at this story from the Neue Zuricher Zeitung, but insert “U.S.” for Switzerland and you may get a glimpse of the future:
The European Commission is expected next week to make an official complaint about the practice of Swiss cantonal tax authorities giving corporate tax breaks. But the reproach is considered dubious because the Commission cannot really prove there has been any infringement of free trade. Brussels and Bern have been at loggerheads for more than a year over low corporate taxes some of the cantons use to attract new companies, including firms from European Union countries. The Swiss government has made it clear in recent months that a low tax regime is not in breach of a 1972 free trade agreement. …There may be objections from some EU Commission members but a condemnation of non:EU member Switzerland is practically certain. …The draft claims that these tax practices distort trade between Switzerland and the EU, and therefore contravene the bilateral free trade agreement. …It is also claimed that there does not have to be cast:iron proof of trade distortion. According to article 23 of the free trade accord, it is enough if a privilege “threatens to distort” trade.v…the EU specifically mentions “protective measures” in the draft complaint. The indirect threat is aimed at making Switzerland negotiate over cantonal tax practices.