Archive for International Tax

Oct
28

Would Trimming the U.S. Corporate Tax Rate Matter?

Posted by: Howard Gleckman | Comments Comments Off

A terrific story the other day by Jesse Drucker at Bloomberg got me thinking: Would it really matter very much if the U.S. cut its corporate tax rate from the current 35 percent to 25 percent? While that idea has growing support in Congress, it may be a classic case of closing the barn door long after the horse has escaped. It may be that only a fundamental change in the way we tax multi-national companies, and not just a cut in rates, can fix the many problems that vex our corporate tax system.

Jesse took a deep dive into the tax status of Google Inc. and found that thanks to some clever—but apparently perfectly legal—planning, Google cut its taxes by more than $3 billion over the past three years and drove its overseas tax rate to 2.4 percent. Jesse figured Google boosted after-tax earnings by 26 percent last year alone with just some clever tax tricks.

Read the story for all the gory details, but essentially, Google’s strategy relies on its ability to shift intellectual property, such as the rights to its search technology, to foreign subsidiaries that reside in low-tax countries. The game is simple: Shift as many costs as possible to a high-tax jurisdiction such as the U.S. and move as much income as possible to a low-tax country such as Ireland. That’s exactly what Google did. In fact, to maximize its tax savings, Google shuffled its income to Ireland, then to shell companies in Bermuda and then to another shell in the Netherlands and finally back to Bermuda. Once Google’s income completed the tax equivalent of the Grand Tour, its tax liability on foreign income was roughly nothing. And Goggle is hardly the only company doing this.

In theory, for the purpose of calculating U.S. tax, Google’s Irish subsidy is supposed to pay the same price for technology as an unrelated company would. The Internal Revenue Service struggles to calculate this “transfer pricing” when it applies to an auto bumper. It is overwhelmed when it must do the same for intangibles such as search technology, software, or drug patents. Just think about it: What would Google charge Yahoo for the rights to its technology? A gazillion dollars? Two gazillion? The result is open-season on the Tax Code. And that (along with the large number of businesses that don’t file as corporations) explains why, despite having among the highest statutory corporate rates in the world, the tax generates relatively little revenue.

President Obama wants to raise more by cracking down on some egregious overseas tax gimmicks. But let’s face it, the IRS will never catch up with these constantly evolving strategies. And even more than a rate cut, these enforcement efforts only dodge fundamental problem.

In part, we still have a tax system that was designed for factory-heavy manufacturers. But we have an economy whose value increasingly lies with human capital-based companies such as Google. It is not so easy for a company to move a factory (though, of course, hardly impossible). But moving licenses or financial assets can be done with the click of a mouse. And if all it takes is that mouse and a couple of sharp lawyers to drive a company’s tax rate to effectively nothing, merely cutting the U.S. corporate rate to 25 percent won’t accomplish very much.

The real problem may be the fundamental structure of the U.S. corporate tax system. The U.S. attempts to tax worldwide income while giving companies a credit for taxes they pay to those countries where they earn foreign income. Many other industrialized companies instead use a territorial system, which taxes only income earned at home. Others use a hybrid.

It is time to think way outside of the box. There are plenty of options for dramatic reform. We could cut the corporate rate below even 25 percent but also require multinationals to pay tax immediately rather than letting them defer their liability for years as they do today. We could follow the rest of the world and consider some form of territorial system. We could repeal the corporate tax entirely and enact a Value-Added Tax. None of these is perfect, but each has advantages over the current mess.

I am not suggesting that lowering the corporate rate while dumping as many targeted corporate tax subsidies as possible is a bad idea. In may, in fact, be the best we can do. But when lawmakers tell you how a modest rate reduction will make U.S. firms more competitive, keep Jesse’s story in mind. If you don’t believe me, just Google it.

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Mar
18

Where are the profits, and why?

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Marty Sullivan of Tax Notes magazine has documented the location of profits of U.S. pharmaceutical companies for years. Each article he writes contains eye-popping figures. Last week’s was no different. In the March 8 issue, Marty used annual reports to chart the before-tax profits of seven large U.S. drug companies over the last decade or so. Here’s the story: between 1997 and 2008, foreign profits of Abbot Laboratories, Bristol-Myers Squibb, Eli Lilly, Johnson & Johnson, Merck, Pfizer, and Scherling-Plough quadrupled from about $9 billion to $37 billion. Over the same period, their U.S. profits fell by a third from $17 billion to $11 billion. Bottom line: the share of U.S. pharmaceuticals’ profits earned abroad has grown dramatically—from about one-third in the late 1990s to nearly four-fifths in 2008.

What’s going on? Do taxes play a role? In a recent working paper, Treasury’s Harry Grubert, who has studied the location of U.S. multinational profits at least as long as Marty has written on the topic, sheds some light on the issue.

Harry uses tax return data to look at all U.S. multinationals (except financial companies), not just pharmaceuticals. He documents a 14 percentage point increase in the foreign share of U.S. multinationals’ worldwide income from about 37 percent in 1996 to 51 percent in 2004 (the most recent year of available data).

Harry considers five possible explanations for the dramatic increase in profits abroad: 1) the globalization of sales; 2) the growth in domestic losses; 3) the decrease in taxes abroad and consequent pressure to shift income to low-tax locations to take advantage of those lower rates; 4) the higher growth rate of companies already doing more business abroad at the beginning of the period than other other companies; and 5) changes over the period in how the U.S. taxes international income. 

Harry’s analysis suggests that it’s taxes and not the globalization of sales that play an important role in explaining the jump in the foreign share of U.S. companies’ profits. Low and falling average tax rates abroad—they fell by about 5 percentage points between 1996 and 2004—have led U.S. companies to shift their profits overseas. And U.S. tax policy has also played a role. Marty’s story and Harry’s analysis both suggest that the U.S. needs to change its tax policy towards multinationals.

Taxes do matter for the location of profits.  How many more Tax Notes stories and careful studies do we need before we engage in a thoughtful discourse on international tax reform? The problem is not the absence of options: we could lower the corporate tax rate and tax all foreign profits as they are earned, we could exclude foreign profits from U.S. taxation (though that could make the income shifting problem even worse), we could make incremental reforms (and, to his credit, President Obama has suggested some in his budgets), or we could use formulas to allocate profits (although Harry and I caution against such a move in recent work). The point is that we need to engage in a serious dialog on international taxation soon —before U.S. multinationals have shifted all of their profits abroad.

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Oct
08

Can We Cut the Corporate Rate?

Posted by: Howard Gleckman | Comments Comments Off

Tax experts will argue about nearly anything. But on one issue, there is something approaching a consensus: Corporate tax rates in the U.S. are too high. Where all that harmony turns dissonant, however, is over the matter of what to do about it. Cutting the corporate rate, it turns out, raises all sorts of complex technical problems, to say nothing of being a political nightmare.

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