The Washington Outsider

Pfizer-Allergan Inversion Failure and Corporate Tax Reform: Time for a Territorial Tax Code?  

4/7/2016

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The US Treasury announced two rules on April 4th 2016 in an effort to stem business practices, such as so-called “corporate inversions,” rooted in perverse incentives of harmful economic policies to the delight of many and the chagrin of others.  Designed to eliminate the tax benefits corporations can derive from renouncing their US citizenship and relocating their headquarters to a foreign land where taxes are lower, these rules almost immediately resulted in the cancellation of a $152 billion merger between Pfizer and Allergan.   The apparent targeting of Pfizer over a legal business deal can seem unjust, but this kind of damaging correction is what happens when unhealthy regulations are embraced.
 
Tax loopholes, which reward corporations for leaving the US, exemplify public policies that favor special interests over US interests and must inevitably be changed.  No longer can US subsidiaries of inverted companies take a loan from their foreign parent and use interest payments as tax deductions to reduce their US tax liability.  US companies must also own less than 60% of the combined company’s stock, excluding any acquisitions of US companies within three years, to derive any tax benefits.  Frankly, these changes should have been made years ago.  Consequently, the Pfizer-Allergan deal, which just happened to be affected by these changes, is just one among many high-profile inversions that forced necessary changes.
Furthermore, a great deal of the criticism against the US Treasury’s changes is rooted in the Executive Branch acting without significant reforms to the US tax code.  In reality, the fault rests on the shoulders of lawmakers for failing to do their job in a timely manner.  That said, many advocates for corporate tax reform want to see the introduction of a territorial tax system.   Thanks to the efforts of people like Senators Rob Portman and Chuck Schumer, the US may well be nearing the adoption of a territorial tax code.   The threat of corporate inversions aids this ongoing push to transform the US tax system, but that does not necessarily mean a territorial tax system actually serves US interests.
 
Portman and Schumer want to replace US taxation of corporate profits earned overseas with a transition tax that would be used to pay for badly needed highway and infrastructure programs.  The Portman-Schumer even offers a much lower rate than an earlier proposal from President Obama, which would have imposed a one-time tax of 14% on current profits stashed overseas and a 19% tax on future foreign earnings.  The Portman-Schumer framework also seeks to reduce taxes on intellectual property, which is the true engine of growth and should be favored.  Although the American People would love to have a 14% or 19% income tax, critics feel 14% is even too much for corporations. 
 
In many respects, the laws of competition do make this corporate tax rate too much.  Required to pay the highest corporate tax rate in the world of 35%, when corporation repatriate their overseas profits, there is clearly a perverse incentive that explains why US-based companies keep more than $2 trillion in profits overseas while other corporations feel compelled to change their citizenship.  On the other hand, effective US corporate tax rates are in the single digits, which are on par with most US trade partners.  The advantage of a low tax rate, versus the use of tax breaks to reduce a high rate, is that corporations are better able to predict their annual tax burden, which fosters economic stability. 

When advanced economies like Japan and the United Kingdom switched to a hybrid territorial tax system, they gained a competitive advantage over other countries.  With the territorial tax system becoming a norm around the world, they started to lose some of that advantage.  If the US switches to a territorial tax system as the world’s largest economy and competitor, however, all of that advantage will be gone.  In turn, suppressed taxes will simply make it easier for corporations and individuals, who have an advantage in shifting their wealth around the globe, to make more money overseas and safeguard their wealth in stable economies without paying neccessary taxes to support stability.
 
The “free trade” and territorial tax system craze creates a perverse inventive to abandon one’s domestic economy in favor of a more “competitive” environment, i.e. the lowest bidder economy while harming businesses that cannot abandon their own ship for a cheaper one.  The only reason many economies have not suffered directly from these policies is that they have derived a competitive advantage.  Unfortunately, the liberalization of domestic tax codes does not create a level playing field for international taxation that, in theory, should favor healthy competition and innovation. 
 
Before American workers paid federal income taxes, the US Government was largely funded by tariffs and other fees imposed on those looking to access the American economy.  As the world grew more complicated and expensive, the Federal government passed the Sixteenth Amendment in order to collect a "fair share" of revenue from American citizens.  Because the cost of the government is only going up, governments must increase their revenue.  As the “free trade” movement favors the elimination of tariffs, this means taxes must be increased for domestic taxpayers, which will increase the pressure for those most financially mobile to seek overseas safe havens.  

The root of the problem is that policies like these do not allow for the disproportionate funding needs of governments.  Considering issues like the Islamic State threat, Russian dominance, and Chinese aggression, governments provide valuable services that help keep the global economy stable and functional.  Because the US economy is the largest and its military budget is also the largest, it must collect the largest amount of revenue.  When countries are forced to compete by taxing less, particularly when the burden is too great for their increasingly poor citizens to bear, they cannot afford to invest in global security, which has largely been subsidized by the United States.

The developed countries under economic liberalization have seen their national debt balloon and the wealth of their citizens concentrated into the pockets of the few, which will eventually lead to crippling instability.  As such, simply imposing a territorial tax system without major reforms in the US tax code and US trade relations will only hurt the global economy in the long-run.  Maintaining the status quo will, of course, only hurt the US and the global economy in the long-run.  The US Treasury is trying to recalibrate US tax policies to better serve US interests, but it is no substitute for necessary and proper tax reforms. 
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  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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