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Obama drops the hammer

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Gatyr View Drop Down
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    Posted: 05 May 2009 at 4:57pm
No more off-shore tax havens, brah.

I know I am not for inhibiting economic efficiency for the sake of keeping jobs in the U.S., but my initial response to making U.S. companies pay taxes to the U.S. government is "good." Though, I don't know near enough about the tax system to form an educated opinion on whether this is good/bad or right/wrong. It seems like some tax shelters are just benefits the rich gave themselves as a present for being so wicked awesome cool, but there are definitely tax breaks that are legitimately beneficial for a society to have.

It appears, again, to my ignorant eye, that the code in question falls in the former category.

Thoughts?


Edited by Gatyr - 05 May 2009 at 4:59pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote choopie911 Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 4:58pm
Yeah, I'm pretty much in the same boat as you. Peter Parker, Tallen?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rednekk98 Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 5:21pm
What about in-shore tax havens like Delaware? If they lower the corporate tax rate as well maybe they won't get too much backlash. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scotchyscotch Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 5:23pm
To be honest I'm not sure if Obama really has a say in it. Off shore tax havens are exactly that... Off shore.

Although saying that I think the Swiss are actually quite keen on this and most of the International community are getting behind it. Some might need a little convincing...

Originally posted by The Guardian The Guardian wrote:

Swiss ministers said the government caved in after learning the country was going to be included this month on a ­blacklist of uncooperative tax havens drawn up by the Organisation for ­Economic Co-operation and Development (OECD). Having agreed to sign up to the OECD protocol on tax, Switzerland will hand over information on account ­holders suspected of tax evasion by another country.


Alot of folk are saying the poorer countries will benefit aswell. And tbh I find it hard to oppose anything that'll do that. But like you guys I've not actually looked into this a great deal and have no idea why it's good for them.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote merc Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 5:51pm
ive been saying tax breaks for companies in the US/small buisness and tax the hell out of imports...

gubment needs to stop trying to stick there hands in everyones pockets... IF goods come into the states, tax um. if goods are manufactured in the states tax them less and let them make jobs (getting people off welfare and lowering the tax burden)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Monk Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 5:56pm
Originally posted by merc merc wrote:

ive been saying tax breaks for companies in the US/small buisness and tax the hell out of imports...

gubment needs to stop trying to stick there hands in everyones pockets... IF goods come into the states, tax um. if goods are manufactured in the states tax them less and let them make jobs (getting people off welfare and lowering the tax burden)


Unfortunately protectionism leads to a complete withdraw of foreign imports which then hurts the economy even more.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Eville Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 6:14pm
Originally posted by merc merc wrote:

ive been saying tax breaks for companies in the US/small buisness and tax the hell out of imports...


yes, because those have worked out SOOOOO well for us in the past.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote tallen702 Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 6:39pm
It's a double-edged sword and the effect it will have on our country won't be seen until well after Obama is long out of office.

On the "pro" side of things. It will give incentive to companies already here in the US to "keep everything in the kitchen" in the sense that they can't re-locate their HQ somewhere else and get a tax break out of it.

The "cons" far outweigh the pros when it comes to the survival of said companies in a global marketplace. Remaining in the US means that they have to pay for a higher standard of living for their employees. This means higher costs from the CEO on down to the lowest of the toilet scrubbers. HQ's tend to physically move off-shore to be closer to the point of production (India, China, and Vietnam right now) get a bit of a tax break, and reduce overhead for their plant and property that don't produce income for them. A headquarters never generates any kind of revenue, it only takes from the revenue stream. So lowering costs as much as possible for the HQ is simple business sense. If this means incorporating in Bangalore India, then that's what it takes. Now, I understand that what Obama is trying to do is eliminate the Cayman and Swiss shelters that many individuals and companies use to hide their funds and avoid higher taxes. That's all well and good, but write the tax code so it affects those trying to circumvent the laws, not as punishment for global corporations doing what is necessary to survive.

The tax code is probably the worst written document in HISTORY. I've seen book reports from autistic midgets that make better sense.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote choopie911 Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 6:45pm
Well salaries are already through the roof. If operational fees are higher and incomes are down (so prices cant survive a big jump) maybe this will provide a nudge for some companies to stop babying their higher ups finally. Well..maybe not stop, but take $5 from their purse on occasion.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 6:57pm
Originally posted by tallen702 tallen702 wrote:


The tax code is probably the worst written document in HISTORY. I've seen book reports from autistic midgets that make better sense.


Are midgets bad writers?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scotchyscotch Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 7:05pm
 I reckon this could be necessary if not to punish individuals  or company's but to manage the global economy as a whole.
I'm not sure if there is any real emphasis on the outsourcing. To me it seems more to the financial cat and mouse game played by most large companys with any sense in the country's like Switzerland. These tax havens are almost untouchable. As far as international law goes they are legal. So you can imagine how much cash is sitting in them. With these kind of unknown quantitys in these places then it's almost certain to go tit's up.

This is an international effort. It was one of the bigger points of the G20.

"There's a building in the Cayman Islands that houses supposedly 12,000 US-based corporations. That's either the biggest building in the world or the biggest tax scam in the world, and we know which one it is."
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Post Options Post Options   Thanks (0) Thanks(0)   Quote tallen702 Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 7:27pm
Originally posted by ParielIsBack ParielIsBack wrote:


Originally posted by tallen702 tallen702 wrote:

The tax code is probably the worst written document in HISTORY. I've seen book reports from autistic midgets that make better sense.
Are midgets bad writers?
Just their cursive and manuscript, it's those stubby little fingers....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote StormyKnight Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 8:11pm
Wow.  First, credit card fine print and now targeting the Cayman Islands with a nuke.  What's next?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Evil Elvis Quote  Post ReplyReply Direct Link To This Post Posted: 05 May 2009 at 11:01pm
I though that Obama had shot MC Hammer.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Peter Parker Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2009 at 8:46pm
"Tax havens" are a term used to describe a number of different things. 
 
Switzerland and Lichtenstein, for instance, used to be 'tax havens" in the sense that they would not report anything to taxing authorities, allowing taxpayers to commit tax fraud by hiding assets and income in Swiss banks.  As noted above, this has mostly changed, and it is also unrelated to the current issue.
 
Another kind of "tax haven" would be the Channel Islands, Saudi Arabia, and other places with little or no income/asset tax, where individuals move for retirement to maximize the benefit of their retirement savings.  This is perfectly legal and remains so.  My grandparents moved to Lanzarote for their retirement, in part because of taxation and general cost of living.  This also in unaffected by the current issue.
 
The current issue deals purely with corporate taxation of multinational corporations.  International tax is a hideously complex issue, as it features the interaction between the tax laws of at least two countries (which often have entirely different taxation systems) and usually also a treaty or two.  To give you a sense of the complexity involved, the single most expensive attorney in our entire (very large) firm is our top international tax guy.  Not the firm CEO, not the IP lawyers, not the M&A guys - the international tax guy.  He is also one of the very smartest people I have ever known.  I am not that guy.  As a result, my post is based on my very incomplete understanding of international tax issues.
 
A central purpose of international tax policy is to minimize two opposing problems:  tax avoidance and double taxation.  The basic idea is that if country A taxes something, then country B should not - but if country A does not tax something, then country B should be free to do so.
 
The loophole in question in not some self-serving gift to the rich - it benefits only US corporations with significant foreign operations (and some foreign corporations in the US).  This loophole is the result of an effort to avoid double taxation, resulting from an interaction between US tax law and the laws of many other countries.  The basic US rule is that all income earned in the US is taxed in the US; and income earned anywhere by a "US person" is taxable in the US.  Part of what makes a corporation a "US person" is their "domicile," which is defined in part by their headquarters.  This has allowed some US corporations with significant foreign income to shuffle some operations around, including their HQ, and thereby not being "US persons."  This is not illegal in the least, but has resulted in significant revenue loss to the IRS from corporations that were intended to be covered by the Internal Revenue Code.  Only corporations with very specific characteristics can take advantage of this loophole, but these few corporations are by definition very large and profitable, so the lost tax revenue is significant.
 
My understanding is that the current change simply tweaks the definition of "US person" to limit the ability to stop being a US person simply by moving some office space around.  Maybe they are messing with the definition of "substantial presence" - I don't know.
 
As tallen noted, there is an increased risk of double taxation resulting from this - but right now there is rather significant undertaxation.  This is a well-known and longstanding loophole.  I don't see any real risk of significant negative effect on foreign investment or anything else of the kind.  This has nothing to do with salaries or labor standards.  There is a risk that some foreign companies will get swept into being "US persons," which would not be intended, but that number would be very small, and that loss would be overcome many times over by the increased tax revenue to the IRS from actual US corporations.
 
Separately - I disagree completely that the IRC is poorly drafted.  To the contrary, the IRC is one of the best-drafted laws we have.  Along with the Bankruptcy Code and the UCC, the IRC is an example of code drafted  by the actual experts in the field instead of elected amateurs.  It is extremely complex and difficult to understand, but it is very exact, non-contradictory, and in general excellent.
 

"E Pluribus Unum" does not mean "Every man for himself".

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gatyr Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2009 at 10:45pm
Originally posted by Peter Parker Peter Parker wrote:

Separately - I disagree completely that the IRC is poorly drafted.  To the contrary, the IRC is one of the best-drafted laws we have.  Along with the Bankruptcy Code and the UCC, the IRC is an example of code drafted  by the actual experts in the field instead of elected amateurs.  It is extremely complex and difficult to understand, but it is very exact, non-contradictory, and in general excellent.


Well, almost everyone I see making statements about the IRC comments about how convoluted it is and how reform is so necessary. In fact I don't think I have EVER seen anyone praise the code.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Peter Parker Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2009 at 10:50pm
Originally posted by Gatyr Gatyr wrote:


Well, almost everyone I see making statements about the IRC comments about how convoluted it is and how reform is so necessary.
 
I agree with both of those statements.  But that has nothing to do with the drafting.

"E Pluribus Unum" does not mean "Every man for himself".

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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2009 at 10:51pm
Originally posted by Peter Parker Peter Parker wrote:

Separately - I disagree completely that the IRC is poorly drafted.  To the contrary, the IRC is one of the best-drafted laws we have.  Along with the Bankruptcy Code and the UCC, the IRC is an example of code drafted  by the actual experts in the field instead of elected amateurs.  It is extremely complex and difficult to understand, but it is very exact, non-contradictory, and in general excellent.


The main reason it is completely unintelligible to the average American. I understand that this stuff is supposed to be complicated, but honestly, they can do way better.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Peter Parker Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2009 at 10:56pm
Originally posted by ParielIsBack ParielIsBack wrote:

Originally posted by Peter Parker Peter Parker wrote:

Separately - I disagree completely that the IRC is poorly drafted.  To the contrary, the IRC is one of the best-drafted laws we have.  Along with the Bankruptcy Code and the UCC, the IRC is an example of code drafted  by the actual experts in the field instead of elected amateurs.  It is extremely complex and difficult to understand, but it is very exact, non-contradictory, and in general excellent.


The main reason it is completely unintelligible to the average American. I understand that this stuff is supposed to be complicated, but honestly, they can do way better.
 
How is it important, or even relevant, that the average American understand the Code?  It does not exist for reading entertainment.  You might as well criticize computer code for being hard to read to the average American.
 
The code does a far better job of accomplishing its purpose than most laws.

"E Pluribus Unum" does not mean "Every man for himself".

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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2009 at 11:05pm
Originally posted by Peter Parker Peter Parker wrote:

Originally posted by ParielIsBack ParielIsBack wrote:

Originally posted by Peter Parker Peter Parker wrote:

Separately - I disagree completely that the IRC is poorly drafted.  To the contrary, the IRC is one of the best-drafted laws we have.  Along with the Bankruptcy Code and the UCC, the IRC is an example of code drafted  by the actual experts in the field instead of elected amateurs.  It is extremely complex and difficult to understand, but it is very exact, non-contradictory, and in general excellent.


The main reason it is completely unintelligible to the average American. I understand that this stuff is supposed to be complicated, but honestly, they can do way better.
 
How is it important, or even relevant, that the average American understand the Code?  It does not exist for reading entertainment.  You might as well criticize computer code for being hard to read to the average American.
 
The code does a far better job of accomplishing its purpose than most laws.


Average Americans don't have to rewrite computer code.  They do, on the other hand, have to fill out their taxes.

I understand you're on a higher level of understanding than the rest of the population of this country, but the tax code is literally not understandable to people without significant education in regard to it.  Complicated things in general are not efficient, and the fact that it has actually created an industry says more than enough for its complication.
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