People walk past a Cartier store at the DLF Emporio shopping mall in New Delhi.
People walk past a Cartier store at the DLF Emporio shopping mall in New Delhi.

Tax evasion 'rampant' among India's wealthy



NEW DELHI // In a country long defined by its poverty, it is easy now to find India's rich.

They are at New Delhi's Emporio mall, where herds of chauffeur-driven Jaguars and Audis disgorge shoppers heading to the Louis Vuitton and Christian Louboutin stores. They are shopping for Lamborghinis in Mumbai.

They are putting lifts in their homes and showing off collections of jewel-encrusted watches in Indian luxury magazines.

They are also buying property in comfortable but unpretentious neighbourhoods - neighbourhoods thought of as simply upper-middle-class just a couple years ago - where apartments now regularly sell for millions of dollars.

They are just about everywhere. Unless it is income-tax time. Then, suddenly, they barely exist.

The reality is simple: "There are very few people who are paying taxes," said Sonu Iyer, a tax expert at Ernst & Young in New Delhi. And tax dodging is everywhere. "It's rampant - rampant."

If the generalities of that have long been known here, the finance minister, Palaniappan Chidambaram, stunned the country in late February when he proposed a new tax on India's top earners. The surprise was not the temporary 10 per cent surcharge on those earning more than 10,000,000 rupees (Dh674,000) per year, but the number of Indians in that category.

That number? Just 42,800 people.

"Let me repeat," Mr Chidambaram told parliament in his budget speech, making sure no one thought he had misspoken, "only 42,800" people say they earn that much.

In a country of 1.2 billion people, a country where years of staggering economic growth annually create tens of thousands of new millionaires and a recent slowdown has done little to damage a thriving luxury-goods market, far less than one ten-thousandth of the population has admitted to being in the top tax bracket.

With so few Indians willing to own up to their wealth, the perennially cashed-starved government has to scrabble every year for revenue.

Among the rich, dodging taxes has become second nature, said Jamal Mecklai, the chief executive of Mecklai Financial, a Mumbai-based financial consulting firm.

About 158,000 Indians are thought to be dollar millionaires, according to a Credit Suisse estimate last year, though some analysts believe the number is far higher.

"It's just taken as the reality" that most wealthy Indians are cheating, Mr Mecklai said, adding that he pays everything he owes. India's top tax rate is currently 30 per cent.

But it is not just the rich evading their taxes. Less than 3 per cent of Indians file income-tax returns at all, and officials said only about 1.5 million taxpayers claim they earn more than one million rupees per year.

Most of those not paying tax have legitimate reasons. Well over 50 per cent of the population earns so little they do not have to pay income taxes. Despite its ever-growing population of nouveau riche, more than 400 million Indians still live below the poverty line.

Millions more are exempt because regulations exclude agricultural income from taxes, no matter how much is earned. Since India has hundreds of millions of small farmers, and a powerful bloc of wealthy farmers, that is a tax break few politicians dare challenge. Various other tax breaks legally keep many more people off the tax rolls.

The bulk of those paying income taxes, experts say, are salaried employees whose companies are responsible for making their tax payments. While those taxpayers can fudge their numbers to an extent, using inflated receipts to magnify tax breaks on expenses such as housing, it is extremely difficult for them to completely escape tax authorities.

But almost everyone else - from the barons of family-owned businesses to doctors, lawyers and small traders - operate in largely cash economies that enable them, if they want, to hide most of their income.

The size of India's underground economy and the amount of lost taxes is widely debated, but even conservative figures are immense in a country with a GDP of nearly US$2 trillion (Dh7.35 trillion). In recent studies, experts estimated that anywhere from 17 per cent to 42 per cent of the economy operates beneath the official radar.

Billions of dollars are widely thought to be hidden in Switzerland, Singapore and other tax havens.

Then there is the strange case of Mauritius. More than 40 per cent of foreign direct investment in India comes through this tiny island in the Indian Ocean. In part, that statistic reflects an India-Mauritius tax treaty that legally eases the flow of investment funds into India. But, experts have said, it also allows Indians to launder vast amounts of untaxed wealth by sending their illegal cash to Mauritius, then "round-tripping" it back to India in the form of legal investments.

If it would take concerted effort to shut down complex, international money-laundering operations, catching at least some of India's high-end tax dodgers should be ridiculously simple. This is, after all, a country where flaunted wealth often seems as common as traffic jams.

How about targeting the buyers of the 25,000 luxury cars sold last year in India? Or the buyers and sellers of big-budget apartments? What about the people racking up thousands of dollars a month in credit card bills? Maybe tax investigators could go to those high-end malls, looking to see who is buying all the expensive shoes.

While the government says it recently has begun targeting some big spenders, posting notices to tens of thousands of people it believes may have underpaid their taxes, few believe officials have truly become aggressive.

"It's not really that difficult to chase down the tax dodgers," said Mr Mecklai. "It's just a matter of putting the machinery in place."

So why is the government not doing that?

The answers range from sheer incompetence to corrupt tax bureaucrats to a political class accustomed to making vast wealth on the side, and unlikely to do anything that might jeopardise its ill-gotten gains.

Certainly the Indian public sees official corruption as a major part of the equation.

"Of course I don't pay all my taxes," said a New Delhi businessman who spoke on condition he not be named because he was admitting to breaking the law. "Why should I pay my taxes while the politicians are getting richer and richer every day?"

Such talk is, experts say, the most commonly heard rationale for tax evasion, one entrenched by decades of political corruption and waves of official scandals.

But it does not explain everything. Ms Iyer, the Ernst & Young tax expert, notes that the culture of tax-avoidance runs deep in India. She points particularly to the way buyers and sellers of real estate openly discuss how much of the price will be paid in "white" declared money, and how much will be paid under the table in "black".

"No one thinks of it as something to be ashamed about," she said. "In a country of holier-than-thou's, no one thinks that it's a blatant lie" to cheat on your taxes.

Embarrassment, she said, may be what India needs most of all.

"The moment this society establishes a stigma to it, I think you would see a change."

Our legal consultant

Name: Dr Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Washmen Profile

Date Started: May 2015

Founders: Rami Shaar and Jad Halaoui

Based: Dubai, UAE

Sector: Laundry

Employees: 170

Funding: about $8m

Funders: Addventure, B&Y Partners, Clara Ventures, Cedar Mundi Partners, Henkel Ventures

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Skewed figures

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

The smuggler

Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

Khouli conviction

Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

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