Yesterday, the Obama administration announced “a major offensive against businesses and wealthy individuals who avoid U.S. taxes by parking cash overseas.” With this plan, the administration wants to prevent corporations from claiming tax deductions on overseas investments until they pay U.S. taxes on the profits, and reverse a Clinton-era rule known as “check the box,” which allows companies to easily shift income into tax havens like the Cayman Islands or Bermuda.
Predictably, the business lobby immediately cried foul over the changes, claiming that they will destroy business as we know it and “eliminate American jobs.” But Congressional roadblocks have also emerged, with Rep. Joseph Crowley (D-NY), for one, saying he’s “wary because the tax changes would hurt Citigroup Inc., his New York district’s largest private-sector employer.”
Sen. Max Baucus (D-MT), meanwhile, has called for “further study” of the administration’s proposals. Hopefully these facts will help him out:
- Tax havens like the Cayman Islands have “helped scores of U.S. companies, including Coca-Cola Co. and Oracle Corp., to legally avoid billions in tax payments to the U.S. government.” Companies lower their effective tax rate by more than 20 points thanks to stowing profits offshore.
- A $100 billion annual tax burden is shifted onto U.S. based companies and taxpayers due to tax avoidance.
- The United States collects below the OECD average in corporate tax revenue — even though it has a higher marginal rate than most countries — because of sheltering.
- In 2004, the most recent year for which statistics are available, U.S. multinationals paid an effective U.S. tax rate of just 2.3 percent on $700 billion in foreign profits.
The Oxford Centre on Business Taxation has found that no matter their home country’s tax rate, if loopholes and shelters exist, companies will exploit them. And as for the supposed damage to U.S. growth, Barrett Sheridan at Wealth of Nations had this to say:
The argument against taxing corporations more is that it will damage their international competitiveness, and we’ll lose jobs and business to overseas firms. Color me skeptical. Of the $103.1 billion raised by cutting down on tax arbitrage, $74.5 billion will go to making a permanent tax credit for companies that invest in R&D in the U.S. That hardly sounds like a plan that will damage U.S. growth prospects.
Indeed, the whole premise of the administration’s approach is to stop incentivizing overseas investment, and start rewarding domestic. And maybe some of the increased revenue raised from corporations could go toward funding health care reform? Whatever the case, cracking down on havens is an important matter, and deserves Congressional support.


As Business is crying foul, they know that they have used Tax Laws to their advantage (although some have used a bait and switch to avoid any tax). All that President Obama is saying is that the loopwholes that have made profits for the company and its stockholders is going to be structured so that the 34% that companies say they pay is reality based, not mythical. The incentive to bring manufacturing back to this country coupled with a new healthcare plan should be a win/win for these companies that shipped jobs to other countries to avoid all these costs….but Big Internation entities only like change when it increases their bottom line. The day of the “free lunch” may finally be ending for these companies and none to soon…as the recent financial downturn should have been a lesson to them: no one is too big to fail!
May 5th, 2009 at 12:50 pmRobert Reich thinks this move is all about funding or is a bargaining chip on health care reform.
http://robertreich.blogspot.com/2009/05/why-obama-is-taking-on-corporate-tax.html
May 5th, 2009 at 1:16 pmThe reality is that MNCs play by the rules to minimize corporate taxes, which is what rational individuals do as well. This is merely a money grab by an administration which has no clue about how business works. The end result of these rules if enacted will be opposite of intention – further offshoring of jobs, corporate inversions (move to Bermuda), more hiring of corporate tax lawyers. In the meantime, the Administration meets its posturing and budget goals. It is shareholders and customers suffer the burden of corporate tax increases, not companies.
May 5th, 2009 at 10:49 pmI will happily use that as a bargaining chip to force effective health care reform. Obama is a very good negotiator/strategist and if it takes scaring the business lobby and their minions in congress, then so be it.
May 6th, 2009 at 12:45 pmAce-in-the-Hole got it right. Corporations don’t pay taxes – they pass on the taxes to those who purchase their products.
May 7th, 2009 at 2:02 am