I don't think this is a legitimate concern, we've solved it elsewhere - even in extremely sensitive areas. And, at worst, it'll force Ads to be more indirect and, if that proliferates, we can expand the powers of the law as needed.
I don't think this is a legitimate concern, we've solved it elsewhere - even in extremely sensitive areas. And, at worst, it'll force Ads to be more indirect and, if that proliferates, we can expand the powers of the law as needed.
Uneven application of the law is certainly an issue, and an overly wide application of the law usually falls under ex post facto laws which are seen as illegal by pretty much everyone. There are very sane people who can judge challenges to the law - we can lean on these people heavily.
A real loophole is something that gets closed once noticed, and there are accountants that thread the needle on these - a good, and rather widespread, example might be SUVs qualifying as farm equipment. This combined with loose agricultural qualifications in some states (like florida) led to widespread claims against luxury auto taxes for some pretty bizarre cases - then that loophole was closed.
The US has the absolute authority to solve the loophole, other countries can't do much about it but since the US is the ultimate destination for these goods the government can demand that manufacturing steps have paid proper minimums on VAT taxes and force tariffs on goods equivalent to the lost tax potential when goods enter the US - since the US is a huge consumer market that'll cover a whole lot of items... Additionally, as soon as the US starts collecting the taxes that the Bahamas voluntarily let go unpaid people won't ship goods there to dodge the VAT - then the Bahamas will have no continued reason to decline to charge VAT and likely institute a sane VAT just to acquire what income they can (since not doing so is essentially leaving money on the table).
Honestly, corporate tax laws are how they are because corporations hold a lot of political power - not because nobody notices what's going on or because no one can actually address the situation.