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Media

Right-Wing Lauds Facebook Co-Founder’s Decision To Renounce US Citizenship: He’s ‘An American Hero’

Eduardo Saverin, the co-founder of Facebook whose falling out with the company and its CEO Mark Zuckerberg was the subject of the 2010 blockbuster The Social Network, renounced his US citizenship last week, and the right has wasted no time labeling him a hero.

Saverin, who owns a roughly four percent stake of Facebook, announced that he was expatriating last week, just in time to avoid paying a federal capital gains tax on the fortune heading his way when the social site files its IPO.

Forbes Magazine, the conservative-leaning and business friendly magazine, ran an article with the headline “For De-Friending The U.S., Facebook’s Eduardo Saverin Is An American Hero.” John Tamny writes:

Saverin’s departure is also a reminder to politicians that while they can obnoxiously decree what percentage of our income we’ll hand them in taxes, what they vote for won’t necessarily reflect reality. Indeed, as evidenced by Saverin’s renunciation, tax rates and collection of monies on those rates are two different things. Assuming nosebleed rates of taxation were a driver of Saverin’s decision, politicians will hopefully see that if too greedy about collecting the money of others, they’ll eventually collect nothing.

Tamny seems to be convinced that Saverin’s departure will open the floodgates for dozens of U.S. executives, investors and other wealthy businessmen who have made fortunes off of stocks and bonds to dramatically renounce their citizenship, break through the shackles of big government and book a one-way ticket to wherever in an attempt to hold on to every last penny they’ve earned. What Forbes and The Heritage Foundation ignore is that the capital gains tax is at a historically low rate, and even proposals to increase it slightly would still fall well short of approaching the rate during the 1970s.

Saverin’s decision to flee the United States is also remarkably shortsighted. As Farhad Manjoo notes on PandoDaily today, Saverin’s life story in particular is one that is quintessentially American.

Economy

Apple Used Low-Tax States, Foreign Tax Havens To Dodge $2.4 Billion In Taxes Last Year

Sales of iPhones, iPads, and iPods have made Apple the world’s most profitable technology company — its stock price is hovering around $600 a share, and it is now larger than the rest of the American retail market by itself. Apple often boasts about the number of jobs it has created in the United States; according to its own estimates, the company is responsible for a half-million American jobs.

What Apple hasn’t told Americans, though, is that an intricate financial set up utilizing low-tax states in the U.S. and offshore tax havens has allowed it to skirt billions of dollars in American taxes over the last decade. By setting up financial offices in states like Nevada — which has no income tax — and routing other profits through Ireland, Luxembourg, and nations in the Caribbean, Apple avoided an estimated $2.4 billion in American taxes in 2011 alone, the New York Times reports:

Apple’s headquarters are in Cupertino, Calif. By putting an office in Reno, just 200 miles away, to collect and invest the company’s profits, Apple sidesteps state income taxes on some of those gains.

California’s corporate tax rate is 8.84 percent. Nevada’s? Zero. [...]

Apple was a pioneer of an accounting technique known as the “Double Irish With a Dutch Sandwich,” which reduces taxes by routing profits through Irish subsidiaries and the Netherlands and then to the Caribbean. [...]

Without such tactics, Apple’s federal tax bill in the United States most likely would have been $2.4 billion higher last year, according to a recent study by a former Treasury Department economist, Martin A. Sullivan.

Apple’s American tax rate was 9.8 percent in 2011, according to Sullivan. Its global tax rate, however, was just 3.2 percent and has been in the single digits for the last decade. Its profits are skyrocketing. The amount it pays in taxes, however, has barely budged:

While dodging American taxes, Apple has lobbied both state and federal governments for large tax breaks. The California state legislature has passed four tax breaks aimed at tech companies since the mid-1990s — the most recent, which Apple lobbied for itself, will cost the already-crunched state government $1.5 billion a year. The company is part of a coalition called Win America that has lobbied Congress to temporarily lower the tax rate on overseas profits that are returned to the United States — even as it admits to routing profits overseas to avoid American taxes in the first place.

Corporations like Apple have argued for lower corporate tax rates in the United States, insisting that the current 35 percent tax rate is hurting growth. But while that is the highest marginal rate in the world, companies rarely pay it. The U.S. is actually near the bottom in corporate tax revenues collected; in 2009, only Iceland collected a smaller share of its GDP in taxes. That has an adverse effect on all taxpayers, who foot the bill for the $60 billion lost to corporate tax dodging each year. In 2009, offshore tax havens cost the average individual taxpayer $434; in 2010, making up the lost revenue would have required an extra $2,116 from each American small business.

Economy

Every Small Business In America Would Have To Pay $2,116 To Make Up Revenue Lost To Corporate Tax Havens

Photo by Flickr user Joseph Seal

This week, Citizens for Tax Justice released a report showing that 26 major American corporations haven’t paid federal corporate income tax for the last four years. But that is just the tip of the iceberg when it comes to corporate tax avoidance.

In fact, the use of offshore tax havens by corporations costs the government $60 billion annually. Such tax dodging gives multinational corporations a leg up on smaller firms that can’t avoid their tax bills, whether its through higher taxes or fewer services. According to a new report from U.S. PIRG, the cost of corporate tax havens amounts to $2,116 for every small business in America:

Instead of competing on a level playing field, small businesses and those without offshore tax havens must pick up the extra tax tab and compete against the artificially lower costs of multinational companies using tax havens.

To illustrate that burden, this paper looks at how much more the average small business tax bill would need to be to cover the $60 billion in federal revenues estimated lost each year from multinational corporations using offshore tax havens. We define a small business as one with less than 100 employees, using Census Bureau data on the number of such businesses. Based on the number of small businesses in the United States, each would need to pay an additional $2,116 in taxes to shoulder this burden.

“When corporations shirk their tax burden by shifting profits legitimately made in the U.S. to offshore tax havens like the Caymans, the rest of us must pick up the tab through either cuts to public spending priorities, higher taxes, or more debt,” said U.S. PIRG’s Dan Smith, a co-author of the report. A poll commissioned by the American Sustainable Business Council, the Main Street Alliance, and the Small Business Majority — organizations seeking to level the playing field between small and large businesses — found that more than 90 percent of small business owners believe that corporate tax havens are a problem, while “three-quarters of respondents agree that their small business is harmed when loopholes allow big corporations to avoid taxes.”

President Obama has been trying, since he came into office, to crack down on some of the offshore tax havens utilized by corporations, but has been stopped by conservatives and corporate lobbying every time. Instead, Republicans have designed a “small business tax cut” that would actually further enrich hedge fund managers, sports teams, and millionaires.

Economy

GOP Rep. Dave Camp Disappointed That Obama’s Tax Reform Doesn’t Protect Offshore Tax Havens

House Ways and Means Committee Chairman Dave Camp (R-MI)

The broad corporate tax reform plan released by the Obama administration this week included a provision for a minimum tax on corporate profits earned overseas, a rule aimed at preventing corporations from taking advantage of offshore tax havens like Bermuda and the Cayman Islands. The U.S. loses billions of dollars a year in tax revenue because of corporations parking money in low- or no-tax countries.

Closing a loophole that could cost the U.S. $90 billion this year, however, isn’t popular among Republicans like Rep. Dave Camp (R-MI), the chairman of the House Ways and Means Committee. While Obama’s plan represents “a step forward,” it still double-taxes corporations who have to pay taxes both in the U.S. and in the country where foreign profits were earned, Camp claimed. Camp instead wants the U.S. to switch to a “territorial” tax system, in which companies wouldn’t pay any taxes on profits earned overseas, as he told NPR this morning:

CAMP: They don’t really address the territorial reforms that I think are so essential to make our companies competitive. [...] We tax them here and we tax them there. … This double taxation traps money overseas, and we think there’s about a trillion dollars that could be brought back to the U.S. and invested here — private money — that would really help get our economy going again. That’s a piece they didn’t include. … I hope we can develop into something that will do a better job making sure American companies that make profits overseas can bring those back and invest them in jobs for Americans.

Under current law, companies can defer taxation on profits earned overseas until they return the money to the U.S. Under the territorial system Camp wants, however, companies would never pay U.S. taxes on overseas profits. As Citizens for Tax Justice explained, this would obviously increase the incentive to shift profits overseas and to hide money in tax havens. “We should be able to agree that our tax system should not favor investment and job creation offshore over investment and job creation in the U.S,” CTJ noted. “Our current system does exactly that, and a territorial system could actually increase this bias in the tax code.”

The minimum tax on overseas profits, in contrast, would help shut down the tax havens that shield companies from American taxes and end one of the nation’s biggest tax expenditures. As the Center for American Progress’ Seth Hanlon has noted, corporate tax dodging through tax havens increases the tax burden on individuals and domestic businesses, worsens the country’s fiscal situation, and actually spurs overseas job creation. A minimum tax, in contrast, would combat this abuse without harming American economic competitiveness.

Economy

Romney Was Audit Chairman At Company That Abused Tax Shelters

2012 GOP presidential hopeful Mitt Romney has already run into some trouble on the topic of tax havens. The company that he ran — Bain Capital — not only abused tax havens while he was at the helm, but Romney also saw his lucrative Bain retirement package boosted by the company’s use of offshore tax sheltering. Romney also had a Swiss bank account until 2010, which his money manager only closed because such an account would look bad politically.

Adding another twist to the tale today, Bloomberg News reported that, while Romney was the head of its audit committee in the 90s, the hotel chain Marriott abused tax shelters, prompting multiple run-ins with the IRS:

During Romney’s tenure as a Marriott director, the company repeatedly utilized complex tax-avoidance maneuvers, prompting at least two tangles with the Internal Revenue Service, records show. In 1994, while he headed the audit committee, Marriott used a tax shelter known to attorneys by its nickname: “Son of BOSS.”

A federal appeals court invalidated the maneuver in a 2009 ruling, siding with the U.S. Department of Justice, which called Marriott’s transaction and attempted tax benefits “fictitious,” “artificial,” “spectral,” an “illusion” and a “scheme.”

Bloomberg noted that “during Romney’s years on the board, Marriott’s effective tax rate dipped as low as 6.8 percent, compared with the federal corporate statutory rate of 35 percent.” Marriott’s tax dodging even drew the ire of Congress, with Sen. John McCain (R-AZ), a Romney endorser, calling the company’s use of one tax shelter an “expensive hoax” and a “scam.”

Today, Romney released an updated version of his tax plan, which, in addition to including $10.7 trillion in personal income tax cuts, would also implement a “territorial” system for corporate taxation. Citizens for Tax Justice has noted that such a system would allow companies to permanently avoid paying taxes on their offshore funds, increasing the incentive to move funds to other nations.

Economy

Facebook’s Initial Stock Offering Will Help It Dodge Corporate Income Taxes For Years

Back in 2008, Google seemed to have set the standard for tech corporation tax dodging, using complex accounting and subsidiaries in Ireland and Bermuda to drives its tax rate all the way down to 2.4 percent. But if all goes according to plan, Facebook will be able to use its initial public offering — via the stock options it gives its employees — to not only avoid paying corporate income tax for years, but to receive a $500 million refund from the federal government, as Citizens for Tax Justice explained:

Tax law says that if a corporation issues options for employees to buy the company’s stock in the future for its price when the option issued, then if the stock has gone up in value when employees exercise the options, the company gets to deduct the difference between what the employee bought it for and its market price.

When, as Facebook expects, the 187 million stock options are cashed in this year, Facebook will get $7.5 billion in tax deductions (which will reduce the company’s federal and state taxes by $3 billion). According to Facebook, these tax deductions should exceed the company’s U.S. taxable 2012 income and result in a net operating loss (NOL) that can then be carried back to the preceding two years to offset its past taxes, resulting in a refund of up to $500 million.

Facebook’s filing papers with the Securities and Exchange Commission confirm as much:

Option exercise activity would generate a corporate income tax deduction [that] exceeds our other U.S. taxable income [and] will result in a net operating loss (NOL) that can be carried back to the preceding two years to offset our taxable income for U.S. federal income tax purposes, as well as in some states, which would allow us to receive a refund of some of the corporate income taxes we paid in those years. Based on the assumptions above, we anticipate that this refund could be up to $500 million.

“Due to the stock option loophole, Facebook may not pay any corporate income taxes on its profits for a generation,” said Sen. Carl Levin (D-MI). “It isn’t right, and we can’t afford it.” The Treasury Department estimates that it loses about $2 billion per year due to companies using this stock option loophole to avoid taxes.

Economy

U.S. Loses More Revenue To Corporate Tax Havens Than It Spends On Several Agencies

The Congressional Budget Office noted last week that U.S. corporate tax revenue has hit a 40 year low, driven down by corporate tax cuts and the widespread use of loopholes and tax havens. While corporate profits have rebounded to their pre-recession heights, corporate revenue has yet to even remotely follow suit.

One of the big factors helping corporations avoid taxes is their ability to report profits earned all over the world in low- or no-tax jurisdictions like Bermuda or the Cayman Islands. As Center for American Progress Director of Fiscal Reform Seth Hanlon noted, corporate profit shifting costs the U.S. more in revenue every year than the country spends on the entire Department of Education or Department of Homeland Security:

Profit shifting erodes the corporate revenue base, draining the United States of tens of billions of dollars in revenue every year. And it is getting worse. The U.S. government was estimated to have lost about $90 billion in revenue in 2008 from profit shifting, up from $60 billion in 2004. To put that figure in perspective, the corporate income tax only raised an average of $300 billion per year during the 2004-08 timespan, suggesting that profit shifting is draining the U.S. Treasury of a significant share of corporate tax revenues.

The U.S. currently has the second lowest effective corporate tax rate in the developed world. In the last three years, at least 30 major corporations paid no federal corporate income tax at all, despite making $160 billion in profits. In his State of the Union address, President Obama called for a minimum tax on corporations, saying, “no American company should be able to avoid paying its fair share of taxes by moving jobs and profits overseas. From now on, every multinational company should have to pay a basic minimum tax. And every penny should go towards lowering taxes for companies that choose to stay here and hire here.”

Economy

British Members Of Parliament Call For Closure Of Romney’s Cayman Islands Tax Haven

Former Massachusetts Gov. Mitt Romney (R) admitted last week that his tax rate was about 15 percent because his income mainly comes from investments that are taxed at lower rates than normal income. Romney’s income is also bolstered by the fact that several of his investments — worth millions of dollars — take advantage of offshore tax havens in the Cayman Islands to boost profits.

Many of those investments are associated with Bain Capital, the private equity firm Romney co-founded, which has an extensive history of using such tax havens to boost profits at a multi-billion dollar cost to American taxpayers. Those tax havens aren’t just causing outrage among Americans, however. The Cayman Islands are a British territory, and British MP John Cryer, a former member of the British Treasury Select Committee, told the British blog Left Foot Forward that it is “a disgrace” that corporations and investors like Romney and Bain can use them to avoid paying taxes:

“As a former member of the Treasury select committee, I think it is a disgrace that the Cayman Islands, a tax haven, can enable wealthy corporations and individuals such as Mitt Romney and others in the wealthiest 1% to avoid tax and still be cloaked in secrecy. Meanwhile all across the western world, hard-working people are seeing their living standards and take-home pay stagnate or reduced.

It reminds me of President Kennedy’s comment in his inaugural speech, ‘pay any price, bear any burden’. Except it’s hard-working, modestly paid majority who are bearing that burden.”

According to Left Foot Forward, Cryer proposed a motion last week calling on the House of Commons to immediately close the Cayman Islands as a tax haven. The motion states that the House is “alarmed” by reports that Romney and others are using the Caymans to “avoid paying the same tax rate as other US citizens” and “concerned about the continued use of tax havens by the top 1% in the US and UK to avoid paying the correct tax in their own country.” The motion then “calls on the UK government to introduce urgent legislation to help close tax havens and increase transparency so that the very richest pay their fair share of tax in their respective countries.”

The United States loses $100 billion a year in tax revenue to offshore tax havens like the Caymans, according to the U.S. Public Interest Research Group.

Economy

GOP Official Explains Romney’s Offshore Tax Havens: ‘The Man’s Got So Much Money, I Don’t Know Where He’s Going To Put It All’

CHARLESTON, South Carolina — Earlier this week, an investigation revealed that Mitt Romney holds millons of dollars in accounts located in the Cayman Islands. According to the ABC News report, Romney currently has as much as $33 million stored in accounts in the Caymans, “a notorious Caribbean tax haven.”

The former Massachusetts governor’s campaign maintains these funds do not directly dodge taxes, but this claim is difficult to verify because Romney refuses to release any of his tax returns until April.

Following last night’s Republican presidential debate in South Carolina, ThinkProgress asked former state Attorney General Henry McMaster (R) about the matter. Though McMaster was skeptical that the issue would sway many South Carolina primary votes, he plainly laid out why Romney would utilize such offshore tax havens. Said McMaster, “I mean, the man’s got so much money, I don’t know where he’s going to put it all.”

KEYES: Do you think it’s going to matter to folks, this story that Mitt Romney has put some of his money in offshore accounts, like in the Cayman Islands?

McMASTER: It doesn’t make any difference to most people. I mean, the man’s got so much money, I don’t know where he’s going to put it all. I guess there are reasons to put it in other banks and other places. I wish I had enough to have to worry about that kind of stuff. There may be some legitimate (inaudible) turned up in there, but we’re delving into personal stuff that I don’t think is central to the campaign.

Watch it:

Indeed, most estimate that Romney’s personal fortune is worth approximately $250 million. Despite his vast wealth, Romney’s investments have allowed him to pay a tax rate of just 15 percent, well below the top income tax rate of 35 percent.

Not all GOP officials have been as candid about Romney’s enormous wealth. Sen. John Thune (R-SD) told ThinkProgress earlier this month that there is no merit to the idea that Romney is part of the 1 percent.

In addition to those funds Romney has personally invested in, his former private equity firm, Bain Capital, set up 138 separate funds in the Cayman Islands. Jack Blum, a lawyer with expertise on offshore banking, told ABC News that Romney’s “personal finances are a poster child of what’s wrong with the American tax system.”

Economy

Romney Invests In Several Bain Funds That Use Offshore Tax Havens To Boost Profits

Mitt Romney yesterday admitted for the first time that his tax rate is about 15 percent, lower than the rate paid by millions of middle class families. Romney is able to pay such a low rate (even though the top income tax rate is 35 percent) because his income comes overwhelmingly from investments and he is able to use a pernicious loophole available to wealthy money managers.

Romney has been refusing to release his tax returns, finally conceding to releasing his 2011 return after he files it in April. However, only releasing his 2011 returns would give Romney the opportunity to keep under wraps some of the financial engineering he may have done to avoid taxes before the last calendar year. As Reuters noted, those returns “could shed light on how Romney and Bain use offshore strategies to avoid taxes.” In fact, ABC News reported today that Romney has millions of dollars parked in several Bain funds that are set up in tax shelters in order to help their investors avoid U.S. taxes:

Although it is not apparent on his financial disclosure form, Mitt Romney has millions of dollars of his personal wealth in investment funds set up in the Cayman Islands, a notorious Caribbean tax haven…As one of the wealthiest candidates to run for president in recent times, Romney has used a variety of techniques to help minimize the taxes on his estimated $250 million fortune. In addition to paying the lower tax rate on his investment income, Romney has as much as $8 million invested in at least 12 funds listed on a Cayman Islands registry. Another investment, which Romney reports as being worth between $5 million and $25 million, shows up on securities records as having been domiciled in the Caymans.

Even if these funds don’t help Romney directly dodge U.S. taxes, which the campaign claims they don’t, they convey a host of advantages to Bain and Romney, including “higher management fees and greater foreign interest” from investors looking to avoid U.S. taxes. As the Washington Post’s Suzy Khimm noted, “just one of these offshore-linked funds — Bain Capital Fund VIII, based in the Cayman Islands — generated $1 million for the Romneys in 2010.”

Offshore funds are attractive to investors, since they help with tax evasion, and more investor interest translates into more profit for Bain and Romney. As we’ve noted, Romney has a lucrative retirement deal with Bain that is paying him millions each year.

In contrast to Romney’s steadfast refusal to release his tax returns, George Romney (Mitt’s father) released 12 years worth of tax returns when he ran for president in 1968. Those returns showed that the elder Romney paid a 37 percent effective tax rate.

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