Furious- Tax evasion by any other name

Furious--Inversion-HeaderFuriousNewsButtonWe’ll start this month’s Furious with wise words from Abraham Lincoln.  “How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn’t make it a leg.”  Why this quote?  Because this month, we’re steamed about people trying to cover an ugly reality with a meaningless word.  We have an aversion to this diversion, so this month we’ll give you an immersion into the assertion they make to hide their perversion.  It’s an exertion of distortion, a cheap and tawdry conversion, a contortion used as coercion to hide the desertion of the proper dispersion of their responsibility.  Please join us on our excursion into evasion, as we take you on a tour of…

INVERSIONS

RestOfNewsletterWhat is an inversion?

An Inversion is a paperwork trick that allows corporations to avoid US taxes.  The US-based corporation buys another company in a foreign (more tax-friendly) country, then moves its official corporate headquarters to the new company.  Nothing else changes; not the physical operations, not the management. Nothing changes except the mailing address and the tax liability.

Where did inversions come from?

8/27/14 update- BK is getting flack about their Canadian inversion.  "Hold the pickle, hold the lettuce, tax inversions DO upset us!"

8/27/14 update- BK is getting flack about their Canadian inversion. “Hold the pickle, hold the lettuce, tax inversions DO upset us!”

Remember the scandal of the single building in Grand Cayman that was the official tax home for 18,857 companies?  In 2004 Congress wrote a law to address that.  Unfortunately the law has a loophole in Title 26, subtitle F, Chapter 80, Subchapter C, section 7874 that allows companies to do exactly what the law was intended to prevent.  Oops.  Oh well, whatcha gonna do?

Why would anyone use this cheap trick to evade taxes?

Greed.  No, seriously.  No person wants to pay more than they have to in taxes, and corporate people are no different from human people in that respect.  They just have no counterbalancing ethical sense that might tell them they should participate in supporting the society they benefit from.  These “people” have the power to avoid things human people consider obligations, and they use it.  Human people call that greed.

Doesn’t the US have the highest corporate tax rate in the world?

No, but we’re pretty darn close.  On a list of global tax rates for 145 countries our corporate tax rate is 40%, but as of 2014 the United Arab Emirates had a 55% rate.  (In all fairness they were the only country higher than the US).   Corporate tax rates vary by source; some sources peg our rate at 35%, and some at 39% including state and local taxes.  However, all these numbers all these are numbers for the official tax rate while the effective tax rate is far lower.  Estimates for the effective rate for corporations also vary widely but most estimates range around 10-16%, around the bottom 20% worldwide.  Of course, that doesn’t give an accurate picture, either.  Many corporations pay 0%, and some ‘pay’ a negative rate.

Who cares if a corporation slimes its way out of a few tax dollars?

Anyone else who pays taxes to support civilization in the US.   In 1934, individuals and corporations paid roughly the same percentage of Federal revenues through their taxes.  In 2011 the share had changed to 47.3% for individuals and 7.8% for corporations.  Money has to come from somewhere, and governments get their money through taxes.  If corporate ‘people’ aren’t paying it then human people are.

What can human people do about this?

Congress has the power to fix this loophole, but they have shown no interest in doing so. President Obama may have the power to close the loophole under his Executive Powers, but there may be problems with that as well.  For now, public knowledge about the issue and public pressure on corporate boards may be most effective cure.  Walgreens was preparing to move to Ireland to execute an inversion until 300,000 people signed an online petition against it.  They changed their mind.

Gosh, I’m still not Furious.  Can you tell me anything else to make me a little more livid?

Of course.  Here’s just a few articles to get you started.  Some were sources for our article, and others are an opportunity to go even deeper into the sewer on your own.  Have fun!

Can Treasury Make Inversions Rule Stand Up in Court?

Damian Paletta in the Wall Street Journal, Aug 25, 2014

The Treasury Department is exploring options to restrict inversions, but there are questions about what power they actually have in the matter

Walgreen Drops “Inversion” Plan to Avoid US Taxes

Moyers & Company, Aug 7, 2014

Details on the Walgreen inversion backpedal

GAO: U.S. Corporations Pay Average Effective Tax Rate Of 12.6%

James O’Toole on CNN Money, Jul 1, 2014

Difference between published and effective tax rates

Escaping the US Tax System:  From Corporate Inversions to Re-Domiciling

Stuart Webber, reprinted from Tax Notes Int’l, Jul 25, 2011

Painful detail on inversions.  Suitable for tax professionals only.

The Disappearing Corporate Tax Base:  How to Reclaim Lost Tax Revenue to Rebuild State Budgets

Center for Effective Government, Mar 27, 2014

Plugging the hole left by decades of corporate-friendly tax law

How Much Do Americans Pay In Federal Taxes?

Peter G. Peterson Foundation, Apr 15, 2014

The overall picture on who pays what tax.

Federal Budget 101:  Where Does The Money Come From?

Occupy ONLINE, Sep 22, 2012

Not everyone pays income tax, but everyone pays tax.  Here’s how.

US Corporate Tax Inversions Explained    (VIDEO)

Bloomberg TV

How US Companies Buy Tax Breaks

Zachary Mider, Bloomberg Quick Take, Jul 18, 2014

Good brief primer with good links to outside sources

 AbbVie and Shire seal $55B, tax-slashing deal

Kim Hjelmgaard, USA Today, Jul 18, 2014

Up-close look at one of the inversions on the table right now

 Durbin urges Obama to take executive action to end corporate tax Loophole

Chuck Raasch, St. Louis Post-Dispatch, Aug 5, 2014

Some pressure, at least.  And Elizabeth Warren is on board!

Corporate Tax Rates Table

KPMG

Compares tax rates and systems from countries around the world

The Sorry State Of Corporate Taxes- What Fortune 500 Firms Pay (Or Don’t Pay) In The USA And What They Pay Abroad- 2008-2012

McIntyre, Gardner, and Phillips at Citizens for Tax Justice, Feb 2014

In-depth but readable, a detailed evaluation current tax policy and recommendations for changes

Obama Explores Tax-Code Weapons in Inversion-Merger Fight

Farrell and Paletta at the Wall Street Journal, Aug 8, 2014

What are the options for executive action?

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