http://www.nytimes.com/roomfordebate/2013/04/11/global-tax-dodge-or-economic-boon/powerful-opposition-to-simple-offshore-reforms
Powerful Opposition to Simple Reforms 
[image: Jack A. Blum] 

Jack A. Blum, special counsel to the Senate Foreign Relations Committee for 
14 years, is a lawyer and chairman of Tax Justice Network 
USA<http://tjn-usa.org/>. 


*Updated* April 12, 2013, 8:45 AM
 
The disclosure 
<http://www.icij.org/offshore/secret-files-expose-offshores-global-impact>of 
reams of secret offshore data by the International Consortium of 
Investigative Journalists makes it plain that the world of offshore banking 
allows the rich and powerful to evade the rules the rest of us must live 
by. And the rest of us have to pay for it. 

Changes in federal law would allow reporting and accounting of profits to 
be transparent and make the rich pay their share of taxes.

Because of the secrecy of offshore financial institutions and the lack of 
information about offshore transactions, the regulation of international 
banks and securities dealers has become virtually impossible. Offshore 
arrangements have helped Google, Apple, General Electric and others pay 
little or 
no<http://www.huffingtonpost.com/rep-bernie-sanders/end-tax-breaks-for-profit_b_841173.html>federal
 income tax. And the consortium’s data show how criminals use 
offshore vehicles to perpetrate frauds and then hide their gains. 

The government tolerates this because the beneficiaries spend millions 
lobbying against simple reforms. Major corporations want a “territorial” 
tax 
system<http://www.ctj.org/taxjusticedigest/archive/2013/03/goal_of_new_corporate_lobbying.php#.UT1RaTf85wE>that
 would leave profits sent to tax havens permanently free of taxation. 
The American Bar Association has twice testified against a bill 
<http://www.levin.senate.gov/issues/shell-corporations> by Senator Carl 
Levin that would require all states to keep records of the real owners of 
corporations, rather than just the title holders. This would end the use of 
Delaware and other U.S. states as corporate secrecy jurisdictions, but more 
than 70 countries allow themselves to be used as a shelter from the rules 
of others, in one form or other. 

Offshoring can be stopped by:

• Requiring firms to report their profits on a country by country basis to 
the Securities and Exchange Commission and the Internal Revenue Service. 
This would expose the shifting of profits to tax havens where no business 
is done.

• Creating a legal 
presumption<http://www.levin.senate.gov/newsroom/press/release/summary-of-the-stop-tax-haven-abuse-act-of-2011/?section=alltypes>that
 if a person deals with an offshore entity, they are an owner, removing 
the burden from the Internal Revenue Service to prove it. 

• Requiring that all accounts at U.S. financial institutions identify who 
controls them, not just the identity of shell directors. Under current law 
a corporation from a foreign tax haven can be recognized as an account’s 
owner, and avoid taxes as a “foreign investor.”

• Ending 
deferral<http://www.bloomberg.com/news/2010-12-29/dodging-repatriation-tax-lets-u-s-companies-bring-home-cash.html>of
 taxation on foreign corporate profits. Presently corporations are 
allowed to defer U.S. tax on foreign earnings until they repatriate the 
money. The corporations use this provision to shift profits to a tax haven 
and then find ways to borrow it back free of tax. 

• Refusing to allow banks and brokerage firms to set up “branches” and 
subsidiaries in places where they do no real local business.

Offshore loopholes have helped allow the percentage of U.S. tax revenue 
from corporations to sink 
<http://nationalpriorities.org/budget-basics/federal-budget-101/revenues/>to 
the lowest level in 55 years even as their profits have soared. Instead of 
cuts in “entitlements’’ like Social Security and Medicare we should focus 
on the tax avoidance “entitlements.” Until these large firms pay tax on 
foreign earnings the deficit problem cannot be solved.

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 Topics: taxation <http://www.nytimes.com/roomfordebate/topics/taxation>, 
taxes <http://www.nytimes.com/roomfordebate/topics/taxes>

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