Pfizer’s Big Breakthrough: Global Tax Avoidance
nytimes.com
nytimes.com
Unfortunately it is about as uncertain as a deal can be due to concerns about the government not allow the merger.
For those of you who don't follow corporate mergers, there has been a trend recently of larger american based corporations doing mergers with smaller foreign companies to move their head quarters to another country where the corporate tax rate is lower, these are know as tax inversions.
Burger King famously recently merged with Canadian "icon?" Tim Hortons in an attempt to domicile the corporation in Canada to lower their tax rate.
This is only going to intensify and its corporations telling America that their corporate tax rates are too high.
The US has a tax rule specific to itself where by it taxes corps at 35% on profit no matter which country it was earned it. It does let companies deduct taxes paid to foreign governments but it leads to companies operating in a way to minimize their US taxes.
From the article linked at the bottom[0]:
> Pfizer takes in about 40 percent of its revenue from sales in the United States and 60 percent from foreign sales. Yet, according to its 2014 annual report, Pfizer had about $17 billion in pretax income from overseas, and almost a $5 billion pretax loss here in the United States. By shifting profits overseas, Pfizer pays relatively low cash taxes compared with the nominal United States tax rate of 35 percent. Instead, much of its American tax liability is illusory, taking the form of an obligation to pay taxes in the future if it repatriates cash to the United States.
This leads to companies jumping through hoops to shift earnings income around and to holding large chunks of cash off shore of the US.
This might be upsetting to some people who think corporations don't pay enough taxes but it's not going to go away. The world isn't going to get more protectionist, especially on the heals of TPP.
The US needs to deal with this.
[0]http://www.nytimes.com/2015/11/25/business/dealbook/why-pfiz...
No reason US law has to open taxpayers to blatant exploitation by multinational corporations, who probably benefit more than anyone, from the US' unique combination of highly educated workforce, stable and for-sale political system, protective military, and millions upon millions of the most prolific, indiscriminate consumers in the world.
- The rest of the world.
Stopping (or at least reducing the amount of) inversions is easy. Just lower the corporate tax rate to an acceptable level. Large companies who are not doing inversion deals are often leaving billions on the table.
R&D in country X, Y production in Y, Z sales in X, Y, Z, and A. Now, which country added profits.
Except instead of X, Y, Z, it's ~150+ countries.
Anyway, there are arguments to be made on both sides, and it's clearly not working very well.
Since the acceptable level is 0, this is a stupid suggestion.
That may be closer to zero than you'd like, but it's certainly more than zero.
[1] This is just the obvious example, include here any where that the US gov out spends the Irish.
So give in to terrorist demands? No.
We institute duty on your products or services, we nullify your patents, we prohibit you access to the market. GTFO.
What's that? You don't like that? Buck up princess, government exists to protect its citizens, not your corporate profits.
Situation one: I'm a US company, expanding abroad. I acquire foreign competitors, and build a global company. I'm taxed on every dollar (profit), since I'm a US (holding) company.
Situation two: I'm a European company, expanding abroad. I acquire a US competitor, and build a global company. Since I'm a foreign company with foreign shareholders, the US can't tax my global income (obviously)
This means a US company will be at a significant disadvantage to a UK/Swedish/Belgian company competing in the same market, because, even if their results are exactly the same, their after tax income will be significantly less.
This also means that a US company bidding for a US competitor will be able to pay less than a foreign company buying up US companies, because they can achieve less/lower (tax) synergies.
That's how it should be. But from observation this seems not to be happening, at all.
I wonder if someone could mention any example from the last years where the US government has clearly chosen against corporate interests, and for protecting its citizens.
This is the thing Elizabeth Warren spearheaded, and the Republicans have fought tooth-and-nail since before it existed.
I prefer being subject to laws and having recourse to a legal system where i am allowed to challenge even the behavior of the government.
Subjecting corporations to capricious bullying when they do something unpopular is not "protecting citizens" - governments that act like that invariably also abuse individuals the same way.
Not at all. I'm suggesting the legislative process be used. You're inferring that trade protectionism is totalitarian rule. Seriously? Citizens and their quality of life is more important than you business and its profits. Full stop.
> I prefer being subject to laws and having recourse to a legal system where i am allowed to challenge even the behavior of the government.
But you are. If you operate in a country, you're subject to its laws. You have recourse under the legal system, and recourse for its legislation if you are a citizen and have a vote.
> Subjecting corporations to capricious bullying when they do something unpopular is not "protecting citizens" - governments that act like that invariably also abuse individuals the same way.
Today I learned that forcing companies to follow the spirit rather than the letter of the law is "bullying". Makes me found of how China and Russia do business sometimes.
This mechanism is sometimes used by totalitarian or very authoritarian regiemes as a form of window dressing to justify punishing corporations and individuals who displease the government. And of course these punishements are always justified by some appeal to "protecting citizens" - both Hitler and Stalin constantly used this as justification.
I like the fact that I live in a country where I can be punished for breaking actual laws not one where laws are vague or can be applied whimsically based on a notion of "spirit" or the intension of the drafter of the law instead of what the words of the law state.
Leave or do something to change the status quo. Those are your options.
What do you think the mechanism for improving quality of life is? Trade.
Not to mention, the elephant in the room here is that no evasion is being performed, but avoidance. To equivocate the two would create a moral hazard that would also affect the same citizens you're supposed to be protecting.
...because of legislation and existing tax code allowing it.
> What intervention will your legislative pen impose?
I would have to speak with a legal associate with experience drafting legislation for specific language. The purposes would be to ensure any tax intended to specifically be avoided by a merger would be re-captured (this isn't out of the ordinary; the AMT in the US is specifically designed to disallow certain income tax deductions when a taxpayers income reaches a certain level, to prevent tax avoidance).
My understanding is that the Double Irish Arrangement "loophole" has been closed, but further work needs to be done.
Mergers the size of this will always have genuine economic incentives in place to do the deal. Add to that very well paid lawyers who will put together an amazing story to get the deal through. So it won't stop them.
Also, this won't stop companies from being sold outright to a foreign competitor. If a Chinese company swoops in and buys the US company, these laws can not apply.
It seems like an easy problem to fix, but it's extremely complex.
Please remember that the TPP hasn't passed yet, and I don't think it should pass, so let's not treat it as a done deal yet. (even though you and I both know it will be a hard battle to win). Also, I think the world should be more protectionist...
It's also a reason why I think a defiant blowhard like Donald Trump could make waves as president. I don't think he'd have any problem dropping his sac to break treaties and crack skulls.
How about the US simply change its tax laws to prevent this happening?
I like the logic of trying to close it with domestic legislation, but the US sucks at that. For one, congress and the president cannot ever seem to work together to get anything meaningful done. But secondly, every single time we think we make an exception or a rule in the tax code, we learn that crafty investment bankers figure out how to exploit the rule. As Plato said, "know thyself." And we suck at playing nicely.
Completely hypothetically, say we could kill tax inversions. The whole thing has felt like a game of cat and mouse game for a century now. Inversions are the tax-avoidance scheme du jouer. For example, for years, Pfizer has already been paying virtually no taxes in the US by storing all of its IP in an offshore subsidiary. The "double Irish" trick is being done by companies who have never done an inversion. There are all sorts of holes in the tax code that other nations use to fuck the US. And there's no way we can compete on the rate, since we'd be competing with countries that have a 0% rate. Many companies pay a zero percent corporate tax rate on all of their offshore profits (which, IIRC, is attributed to a subsidiary in Bermuda), and mostly claim to have nothing but losses to write off in the US.
We need to finally say, "fuck this nonsense." Companies don't need laws to inform them when they're acting morally. It is immoral to act the way they are, and instead of playing cat and mouse like we have been doing, we need to put our foot down and MAKE every company obey the spirit of the tax laws, and not the letter. And the only way I know of to make that happen is to use extreme threats like invalidating their IP if they pull these tricks, or threatening the countries that aid them.
I've encountered many deals where small foreign companies were looking at doing business in the US but when we explained to them federal and state corporate taxation they were discouraged from setting up shop here. I'm sure there are hundreds if not thousands of similar stories each year. Instead of reducing the US corporate tax burden (amongst the highest in the world) and encouraging companies to set up shop here, the US tax code discourages such investment and growth.
2) Why do we need to collect five trillion?
[1] http://www.statista.com/topics/1709/alcoholic-beverages/
Why should small companies pay taxes and big companies pay zero? Then the small ones have to pay extra for those who didnt pay.
There are certain things with globalization that is definitely not good for society, swapping profits for losses and paying zero tax is definitely one of the issues.
These companies take advantage of infrastructure paid by other tax payers road infrastructure, education infrastructure that brings skilled workers for them to employ. So why is that certain organization leech and do not contribute back equally?
I don't understand why people refuse to pay their countries membership fees. They have no problem paying the fees for their gym, their sports club or their phones, but as soon as they have to pay for the services their country offers its okay to not pay?
Say I make $25k a year, and I pay $5k in tax. I'm probably getting that back in value (health insurance, roads, safety, etc).
Now say I make $100k a year. I'd probably be paying $30-45k a year in tax (depending on the country). This is getting to the point where you're no longer getting enough value for your $/€.
Third option, say you make $1M a year. On average, you now need to pay $400-500k a year to the treasury of your country in tax. No way you're getting that in value. Alternative: you structure things through a tax friendly jurisdiction, and at the end of the road you only have to pay $150k instead of $400k, legally.
Honestly, why would I pay $400k in tax if I can pay $150k? Tax aside, I'm obviously still spending money in the country where I live (-> creating income for businesses, increasing the taxable base of those businesses, who in turn will pay full corporate tax).
I disagree. If Mark Zuckerberg had started Facebook in Bangladesh, would he still be worth $35 billion? Almost certainly not. But-for his starting his company in a developed country with a stable government, deep technological infrastructure, educated employees, and wealthy consumers, he would not have that money. Whatever he pays in taxes is far less than what he got in value.
Infrastructure was in place before you were born that gave you the opportunities to succeed.
It's now time to pay that back(/forward?) so that others have similar chances to succeed.
Paying back / forward is great, but (imo) it has a limit. Unless you inherited your wealth, most people who are self made will have paid a significant amount of tax before they tax optimise their structures. So, if you’re a success, you will have paid back your “debt” to society (and then some).
There needs to be a limit somewhere. Some countries are more aggressive (i.e. the US) in collecting their tax dollars than others (i.e. the UK).
There is no such thing.
A single child raised to finish college costs the taxpayer in Germany 300'000 Euro in subsidized nursery, free school, and free college.
Additionally, each person costs a lot for roads, public transit, etc.
And then you have to add in that for every person who gets to become a billionaire, you have hundredthousands who won’t become billionaires, but still cost you equally much. There’s no way to find out who is going to become a self-made millionaire, and who isn’t.
And society already tries to provide many programs only to those kids with high potential, to save money. Programs like this [1] are already exclusive.
If you want to give the generation of your kids the same chances at becoming self-made millionaires, you have to provide all of them with this high quality service.
Which means you have to accept nominal tax rates of 48%+.
----------------
[1] http://www.enrichment.lernnetz.de/content/information.phpExcept, you actually don’t. You are always free to move to a country with a lower (or a higher) tax rate, for whatever reason.
If someone wants to go live in Monaco, and not pay anything, that’s his/her right. There is never a debt, in the true sense of the word.
If you want that the next generation has the same opportunities, then you need those taxes.
Without them, you won’t be able to provide intelligent and engaged children (no matter their family’s wealth) with quality education.
Most wealthy people (people with net worths in the tens of millions and up) pay rates closer to zero, by using every trick in the book. Or well, their advisors do it for them. At most, they will pay the capital gains tax rate.
> Without them, you won’t be able to provide intelligent and engaged children (no matter their family’s wealth) with quality education.
Wealth does give you the freedom to send your children to the best schools in the world, regardless of the country you live in. But obviously, that's an extremely selfish view.
Nonsense. I won't speak for Germany, but our government spends about $500 billion annually on things that can plausibly be called public goods (I exclude defense). This is a mere 4% of total US personal income.
We spent 200 billion saving the greek economy.
We build the Berlin Airport BER, the S21 train station, and the Elbphilharmonie.
All projects that waste money.
But the public services we get are still worth the tax. I wouldn’t want to pay less tax and lose our libraries, or free university access, or quality education. I wouldn’t give up just for a bit more money the public transit, which cuts down my commute times, or the services financed by the government.
Yes, the government invests broadly to get money back – from companies like T-Mobile and DHL to VW, all of which end up paying dividends to the federal budget, because the government owns a lot of shares in them – but we still need taxes.
And I’m okay with that.
The life here isn’t perfect, but it’s okay. One can live with it, without ever worrying about stuff.
Money going to the U.S. Federal government goes to: 24% Social Security (i.e. the dole), 24% to the least efficient healthcare system in the world, 17% to the military to drop bombs on poor people.
If the majority, or even 25%, of government spending was creating economic growth and opportunity, I don't think anyone would have a problem with it. This is a country that was begun by a tax war, so if there is an obligation to the past, an aggressive response to tax policy is certainly part of it.
You should read some Kant. If no one pays, then the civilization that allowed you to succeed wouldn't exist in the first place.
I Disagree.
The money you're getting paid in is a construct of the government that you're paying taxes to. You wouldn't even be able to collect $/€ for your goods and services without taxes. So you'd have to barter and stockpile basic commodities in order to barter for other things that you need. Can you imagine buying an iPhone with corn or oil? Or collecting ad click through revenue in gold? There would size-able inefficiencies just because of the need to hold 'stuff' rather than an imaginary thing.
Furthermore the marginal utility of a government backing the currency that you use is proportional to your income. Someone living in relative poverty probably could provide for their basic needs without currency (think peasants or yeoman farmers scraping out a living, basically self sufficient, or tradesmen exchanging services for necessary goods... vs. a hedge fund manager).
I can't imagine someone making the equivalent of 1/2 million a year having an easy way of storing and maintaining that value (particularly the excess beyond what they spend) without a currency (or even being able to collect it in the first place). (Remember the markets are settled in currency and all accounting is done based on currency, you can't just invest in AAPL with corn).
I can't imagine a normal person owning an iPhone and buying apps from an app store under the hypothetical situation. It seems to me to have a very high utility to the individual at the top of the income chain. You are completely ignoring many of the benefits of having a functional government and a stable society with many consumers (whose consumption is supported by those tax dollars) who are able to consume because of the constructs put in place by a treasury and a tax structure.
I think you're underestimating the intangible value returned by governance. It is near non-finite.
So assuming governance and currency (we can agree these have utility?), taxes can be looked at as being closer to a hedge against inflation than anything else (that is, they prevent devaluation of the currency). As a thought experiment, imagine if the government weren't allowed to collect taxes AT ALL.
How would it fund itself?
Well it controls the treasury, so it would print money, and it would issue debt (bonds). It already does this, incidentally. Both of these things would devalue the currency. (Printing money means more in circulation (its easier to get... therefore worth less), whereas a bond would promise of a certain amount of money that I plan to print in the future). These can be treated as similar, at very least.
So the real (interesting) question about taxes is tax structure. If we assume a flat % tax, it is pretty close to the above devaluation scheme. If we assume a flat $ amount, it very quickly becomes regressive, disproportionately penalizing the poor a large percentage of their money, preventing them from having anything to spend at all. That's how you get a revolution.
With a progressive tax structure, those who can comfortably pay more, do pay more, those who can't don't. (All the way down to certain people being taxed negative amounts in certain situations).
All that said.
Yes, sure, the corporation should move to jurisdictions which are the most friendly to its tax status... it is a fiduciary responsibility to the shareholders, anything else and they are leaving money on the table. At the same time, powerful governments should pressure these corporations into giving them a cut of any business that they do under that government's jurisdiction. In fact, they have a responsibility to do this so that the government can continue functioning properly.
[1] https://en.wikipedia.org/wiki/The_Problem_of_Political_Autho...
Another problem with this theory is that there is nowhere for the anarchist to go. Suppose you were abducted (at night or as a child) and put on a ship which heads out to sea when you lack the capacity to take action, then you are told that you must obey the captain or leave. Do you have to obey the captain? If you disagree with the captain, do you have to jump in the ocean and drown, or try to swim to another ship with an equally tyrannical captain? What makes the modern state different?
As an aside, the 'you should leave if you don't like it' idea is also used by such prestigious organizations as the Klu Klucks Klan.
edit: I believe it is important to know who makes similar moral arguments; if you find this company troubling, that is your concern, not mine.
As for the lack of stateless land that an anarchist may emigrate to, the lack of such land does not mean that the country of your citizenship is no longer valid. If you chose to renounce your citizenship and end your involvement in the social contract that your parents entered into on your behalf, where you go is up to you and no longer has anything to do with your former country.
Also, trying to compare me to the KKK? Really? Come on, you can be better than that.
I'm not even sure how to respond to the rest of this; it's difficult to make sense of it.
EDIT: It is so uncool to edit your remarks instead of replying! But I guess in the independent nation-state of nickfftopia you can do what you want, eh?
The power for parents to make decisions is relatively broad, but a decision made on behalf of a child is not the same as a decision made by the latter (for example, selling a child into slavery does not imply the child wanted to be a slave, or is obligated to continue in servitude).
The abduction/shanghai-ed example of the captive on a ship is a relatively common one, if you do not know how to address it, I suggest you ponder it for a while.
In addition, you never addressed what gave the state any authority at all, and why I can't just claim to be a legitimate independent state.
I'm not sure why your decisions to renounce your citizenship should obligate the world to create the new kind of place you want to go to.
As for parents selling their children into slavery, I'm not sure why you're bringing that up. Citizenship isn't slavery.
As for your desire to claim to be a legitimate independent state, I'm sure you can do so. I wouldn't be surprised if you habitually do so right now. I can't help you with getting recognition from the rest of the world, though.
[1]http://plato.stanford.edu/entries/locke-political/ [2]https://en.wikipedia.org/wiki/United_States_Constitution#Inf...
The basic question is why the state has any special authority to claim the land and impose its will in the first place. Second, why are you (who may have been born there, thus giving you a presumptive right to keep living there) bound by previous agreements which may or may not have been legitimate to begin with. There are two questions which should be answered here:
1) Why can an individual not claim to be an indipendent state (and claim land as well)?
2) Suppose you were abducted (at night or as a child) and put on a ship which heads out to sea when you lack the capacity to take action, then you are told that you must obey the captain or leave. Do you have to obey the captain? If you disagree with the captain, do you have to jump into the ocean and drown, or try to swim to a different ship with a similarly tyrannical captain? How is the ship of state different from the ship described here?
Then they can leave. It's actually really easy.
I think you mean "freeloader".
Someone who wants all the priviliges of living in a particular society without having to pay for any of them is, yes, a freeloader.
In the case of the United States, doesn't the Sixteenth Amendment give the State (meaning government, the entity, not State as in Utah specifically) this authority?
I don't think I have much of an alternative-for no honest reason other than having not put the thought or time into coming up with one. Not for a lack of want.
That said, the quoted line above, when you say 'wrong' do you mean "the notion that the citizen automatically accepts government rule" is incorrect by virtue of criminals rejecting the rule of law, evidencing a wholesale rejection of authority, or do you mean the concept itself is morally wrong?
Implied social contract theory is more complicated, but the problem with it is that even implied contracts are invalidated if one of the potential parties expressly disavows the implied contract. If implied contract were taken seriously, then any citizen could eliminate any obligations simply by expressing their desire not to be part of the state.
This is a fascinating statement to me. How is an implied contact invariably invalidated-in the case of governments in a representative society, burdened with a multiplicity of values and interests-and further how does a government even function if this contract is merely "implied" and not codified?
Cheers
Alternative example: if you would barricade yourself inside your local country club with a dog, I can guarantee you they will bust your door down and taze your dog.
Jail is not involved for failing to pay your taxes--you have to do a lot more than that to actually invoke criminal penalties for tax-related stuff.
Still... it isn't often that the Internal Revenue Service greets them with shotguns drawn. But that's what happened to rapper Young Buck - real name David Darnell Brown - on August 3rd, as the IRS attempted to satisfy a tax debt of roughly $300,000.[1]
Three businessmen told the Senate Finance Committee today of Internal Revenue Service agents who, with guns drawn, broke down doors, terrified workers and forced teen-age girls to change clothes in front of male agents in raids at the men's homes and businesses that they said were unnecessary.[2]
[1]http://www.accountingweb.com/tax/irs/rappers-home-raided-at-... [2]http://www.nytimes.com/1998/04/30/us/3-businessmen-testify-o...
From the second one:
"But the testimony by the three wealthy businessmen from Texas, Oklahoma and Virginia also showed that the agents had reason to suspect they had come across a $300 million tax fraud in one case and a drug operation in another.
Holes and contradictions in testimony by two of the businessmen prompted Senate Democrats to complain that the hearings were not a search for truth but a one-sided propaganda show by Republicans, whose polling data show that attacking the I.R.S. is their best strategy for raising money and winning votes."
That's not a simple failure to pay taxes.
And the first article, the rapper was not jailed, he did have a bunch of stuff seized to pay off a $300,000 debt, however. No mention of a dog being shot, no mention of anyone being tazed.
And, no the rapper wasn't tazed or his dog wasn't shot, but IRS agents did raid his home carrying shotguns.
Because the story in the linked articles went something like "bust down your door, NOT shoot your dog, NOT taze you, NOT throw you in jail, but seize some of your stuff to pay off a sizeable tax debt or maybe work out a deal to pay off your taxes". Which is a big difference from what you originally said.
But I think, personally my level of sympathizing with that incredulity ends with the understanding that taxes are signatures on a social contract and taxes aren't a zero-sum affair. I fully understand that my taxes might go to fund a war or might go into the landing gear of a bomber plane or a bomb itself. I get that.
I wish I had the answers on how to get this through the minds of other voters "Yes, your tax money might be spent on x, it also might be spent on y. If you want to see more money going into y, vote accordingly, but remember you exist in a society with more than one viewpoint so someone 500 miles away might vote for x. Thems the breaks".
As to your question of why people refuse to pay their country's membership fees...the cynic in me wants to blame ideological dogmatism that perpetuates "my party good, your party bad" and limits the scope of understanding a fuller picture of what being in a diverse society actually looks like (i.e. people value things differently than you)
If taxes were voluntary, I would wholeheartedly agree. As it sits, I consider (rightly or wrongly) most taxes to be voluntary, but the income tax is inescapably not. If governments are going to charge high and involuntary taxes on things, we shouldn't be surprised when people shop around where they are able.
I don't disagree with this at all, actually.
In some respects, would you consider taxes to be a 'necessary evil for a net good (prescriptively speaking)'?
On the whole though, yes, I agree that taxes are likely a necessary evil, and while I object to large swaths of the federal government, I think it would be naive, or even asinine to suggest that they do not have any good functions which I deem wholly necessary.
That said, at the end of the day, citizenship is something that can be relinquished, and as such, an income tax (of any sort) is something that ought to be competitive. California offers a lot of niceties, and presumably, the people who live there don't mind the tradeoff of high taxes and a generally higher cost of living. If they did, they could trade out to one of the zero-income-tax southern states, in exchange for a generally less educated peer group, less efficient state services, etc.
At the end of the day though, if taxes are to be citizenship criteria, then America is in competition with other nations to deliver good value. In addition to economic freedom, social freedoms, fair treatment, social services, safety net and a myriad of other factors are ways in which we compete. I am not likely to move to another country to save some money on taxes, but if another country offered the same freedoms that I value in America, with lower taxes, and a lower incarceration rate, a move would be worth strong consideration.
Presumably they would still like to benefit from our IP and Law enforcement, our medicare subsidies, our healthcare professionals. Will a standard invoice to the shareholders be OK?
It would be an interesting though experiment to determine the exact cost those services provide, submit them an actual invoice, and then do the math on whether or not services rendered are more or less than taxes paid, but without it, it seems naive to assume that paying less taxes is in any way equivalent to paying no taxes.
Presumably, they get those same services in their countries of operation, and at a lower cost, which opens up an entirely new pool of questions. Are services in Dublin substantially less than what we have in America? Why is the cost of American services so much higher? If services are similar, how is Ireland able to provide them at such a discount? Will Ireland continue discounting their services as they attract more and more businesses? Etc.
Not really, our infrastructure is falling apart, and congress can't even pass a long-term highway funding bill.
If ISIS begins collecting taxes to fund road construction and terrorism does that somehow white wash terrorism? Of course not, yet the same tired argument is being made here because of misguided belief in American exceptionaliam, double think is alive and well when people can speak of road building one day while condemning torture the next. Those who work and fund the US government are funding genocide, you must accept that fact, you can down vote all you want to bury the truth but it remains the truth.
Disgusting hypocrisy on display, utterly disgusting, and no real counter argument has been made.
Wow. The Wall Street Journal editorial board sounds like Bernie Sanders. If the WSJ is writing editorials like that, cracking down on offshore tax avoidance is no longer acceptable to the business community. This is forward progress.