Do Companies Exist? Part II

Quite a bit of feedback from last week’s post, where it has been suggested that companies (because they are made up of people) should not be seen as independent entities at all – especially for tax purposes. Many thanks to all those that took the trouble to comment on the post.

Of course, I do see companies as part of our “ecosystem” and quite independent from those people that constitute its parts – in the same way that people are quite distinct from the billions of cells that make us.

“a collection of many individuals united into one body, under a special denomination, having perpetual succession under an artificial form, and vested, by policy of the law, with the capacity of acting, in several respects, as an individual, particularly of taking and granting property, of contracting obligations, and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights, more or less extensive, according to the design of its institution, or the powers conferred upon it, either at the time of its creation, or at any subsequent period of its existence.”
—A Treatise on the Law of Corporations, Stewart Kyd (1793-1794)

Since Stewart Kyd defined them in 1793, companies (including corporations) have existed as independent entities – on that we are all agreed.

However, many do see companies as simply a bunch of individuals – which is not correct – and this error is what dictates the desire to take away, for example, corporation taxes. Most companies act as independent entities – the decisions of the individuals involved have emergent qualities in most of them that develop a singular aspect as the company. This is clearly evident to its customers, its investors and the people (and other organisations) with which it does business. In such an environment, companies make decisions which are corporate decisions – propelled by the dynamic of the organisation rather than the individually distinct decisions of the individuals concerned.

This is at the heart of the issue over company taxation. Even if we could distinguish the impact of extra taxation on the wide range of individuals that would be hit by the additional taxation on them that would be required if there was no corporate tax, it would not be right to have companies on zero tax.The problem with this is that companies are clearly distinct entities and act as entities within an environment in which they are seen by their staff, investors, customers and others as distinct. Representatives from companies appear in conferences (as representatives, rarely as distinct individuals).

The impact of all corporate decision-making, strategy, impact on society, impact on resources is always at the organisational level and the legalistic distinction that taxing companies is difficult because they can move money around or they don’t really exist (it is really the individuals behind them) is a flawed argument and one that takes no account of the impact of companies on society and the way that society (people) see companies.

The issue for me is that it is the organisation that makes profits (sure, on behalf of investors and using staff and suppliers and satisfying customers – all people). The organisation “thinks” corporately and takes decisions corporately and lobbies corporately and impacts corporately. It makes perfect sense for that organisation to be assessed for taxation corporately. It is also SEEN to be corporate – like any emergent organising entity – just as we divide into nations, states or cities which, similarly, have different laws and taxes, moral codes and ways of living. It brands itself as independent; it advertises and markets itself as independent. Companies are born and die, evolve, grow and diminish. Such organisations are distinct in themselves – not just an amalgam of individuals.

Liberalism and politics – short-term thinking or the fight for ideals?

In the UK, the Liberal Democrats are holding their Spring conference this week. I declare an interest. That party represents the closest thing to the ideals that I hold – the belief that monopolies of any type are bad in principle and that the state (and other potentially totalitarian groupings) should be limited in scope and the individual in society provided with the best chances to succeed.

This overly-simplified outline of Liberalism (probably not social democracy) – at least to a British formula – where society is seen as individuals and groups that must be enhanced and where over-bearing accumulation of power is to be resisted – is nevertheless a strong reason why I pay my annual subs to the party.

Against the centralist doctrines of the Labour party (where state is still seen to be the best judge of everything) and Conservatism (difficult to assess but primarily a “market is best” doctrine allied to a notion that old institutions must be conserved no matter what), Liberalism should be the politics of the 21st Century. It shouts for the spirit of individuals and civil society making changes for the better against the rigid institutions set up in the 19th and early 20th Centuries. It should be capturing the spirit of the internet age – where freedoms to communicate should be elevating transparency and openness to a new generation (and convincing the old as well). It should be screaming about how the UK fits into the future of a world that continues to change (and not always for the better), where the rise and development of China threatens the drive to democracy and transparency that has been in place since the defeat of Nazism and totalitarianism after World War II and since.

Today’s Politics

Tragically, politics in the UK is all about shopping baskets. All our attention is drawn to GDP and austerity. These issues are important – especially to those living (or just about surviving) on low incomes. The drive to change taxation at the margin (and we always talk about changes at the margin – not true in the US where a real debate on dramatic changes in taxation are taking place – see John Mauldin’s latest on this) is a proper argument but the focus on taxation and its short-term impact blots out everything else.

Liberal Democrats believe in a wide range of issues. Moving in with the Conservatives as part of the Coalition Government has been a brave move that is hitting the party hard – based on recent polls. Shifting the tax burden to free those earning low salaries to a wealth tax (although the shift is tiny) is seen by senior Liberal Democrats as working to define the party.

Ask a voter what the Liberal Democrats stand for and they will probably answer with comments about university tuition fees or other short-term decisions made during this parliament.

Today’s politics, the politics of short-term economics and counter-terrorism (or long-standing views on how to counter the perceived threats that international terrorism poses) is our staple. Politicians (and we are not blessed with the cream of intelligence in that area – they usually became bankers in the 1980’s) are hooked on short-term ideas and the next election. It was ever thus.

GDP slaves, taxation dummies, election addiction, five year parliamentarians that act like five-year olds.  In the UK we may have been better off than our EU colleagues in Greece (we do have a society that respects to a greater extent tax collection as a cornerstone) but minor modifications to our lives emphasize the conservatism of the nation –  conservatism that is likely to propel the UK backwards and means that our influence is greatly lessened as the 21st Century progresses.

Tomorrow’s politics

Political parties are under threat. Their short attention span means they are missing the evidence that is before them. People and groups in society are pursuing single initiatives to great effect. Whether these groups are organized as NGO’s or small societies or other types of organization, civil society (propelled by new technologies) are able to have a greater influence on politics than ever before. Politicians and government has to be aware of that change and make efforts to respond to it

That response has to mean that decisions must be allowed to take place at the lowest level possible not at the highest.

It must mean that politics has to “open up”and be more inclusive – that means helping those in society to understand what parties stand for – really stand for – and the world that they see ahead.

It must mean that the political parties must continuously work to make themselves relevant.

For Liberal Democrats fighting to show themselves as sufficiently different so that voters provide them with a future beyond this parliament, it seems pretty important to use the remaining three years to do two, crucial things.

First, sure – secure the short-term changes that (even if at the margin) show benefits to that area of society that is bleeding because of the poor economic conditions.

Second, and far more important in the long term, ensure that Liberal Democrats shout about the society that the party wants to have in place and the UK’s place in the world. This is not about minor taxation shifts. This has to be a society where individuals and groups have a bigger say but also where the opportunities to develop (in terms not just of how many makes of designer trainers one can buy but in terms of real education opportunities, real quality of life from birth to death, a society where large, monopolistic groups which threaten that society from inside or outside are not tolerated) are maximized.

Liberal Democracy (or at least the Liberal part of it) has a strong tradition in all these areas. The message has been obscured in its pro-Europe and pro-euro fervour and over-reliance on short-term tax issues and the obscuring of its longer-term reason for existence and how it should want to change the world.

Nick Clegg’s speech back in December at the Open Society Institute made an attempt to voice some of these issues (see https://jeffkaye.wordpress.com/2012/01/01/liberalism-and…e-21st-century/).

Politics needs to motivate and excite in the 21st Century as large movements (such as the labour movement in the late 19th Century and early 20th) are not so obvious – that does not mean it is not happening.

The movement is now about individuals and groups within civil society using whatever tools are available (and which technology is supplying) to make their case. For Liberal Democrats, the aim should be to show how it supports that key change in society and can help and nurture it and maybe lead it and make it work.