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Obama drops the hammer |
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Gatyr
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Topic: Obama drops the hammerPosted: 05 May 2009 at 4:57pm |
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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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choopie911
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Posted: 05 May 2009 at 4:58pm |
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Yeah, I'm pretty much in the same boat as you. Peter Parker, Tallen?
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rednekk98
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Posted: 05 May 2009 at 5:21pm |
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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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scotchyscotch
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Posted: 05 May 2009 at 5:23pm |
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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...
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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merc
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Posted: 05 May 2009 at 5:51pm |
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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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saving the world, one warship at a time.
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Monk
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Posted: 05 May 2009 at 5:56pm |
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Unfortunately protectionism leads to a complete withdraw of foreign imports which then hurts the economy even more. |
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Eville
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Posted: 05 May 2009 at 6:14pm |
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yes, because those have worked out SOOOOO well for us in the past. |
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tallen702
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Posted: 05 May 2009 at 6:39pm |
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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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<Removed overly wide sig. Tsk, you know better.>
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choopie911
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Posted: 05 May 2009 at 6:45pm |
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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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ParielIsBack
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Posted: 05 May 2009 at 6:57pm |
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Are midgets bad writers? |
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BU Engineering 2012
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scotchyscotch
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Posted: 05 May 2009 at 7:05pm |
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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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tallen702
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Posted: 05 May 2009 at 7:27pm |
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<Removed overly wide sig. Tsk, you know better.>
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StormyKnight
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Posted: 05 May 2009 at 8:11pm |
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Wow. First, credit card fine print and now targeting the Cayman Islands with a nuke. What's next?
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Evil Elvis
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Posted: 05 May 2009 at 11:01pm |
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I though that Obama had shot MC Hammer.
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Peter Parker
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Posted: 06 May 2009 at 8:46pm |
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"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.
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"E Pluribus Unum" does not mean "Every man for himself". Pop Quiz: What do all the Framers of the Constitution have in common? |
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Gatyr
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Posted: 06 May 2009 at 10:45pm |
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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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Peter Parker
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Posted: 06 May 2009 at 10:50pm |
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I agree with both of those statements. But that has nothing to do with the drafting.
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"E Pluribus Unum" does not mean "Every man for himself". Pop Quiz: What do all the Framers of the Constitution have in common? |
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ParielIsBack
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Posted: 06 May 2009 at 10:51pm |
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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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BU Engineering 2012
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Peter Parker
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Posted: 06 May 2009 at 10:56pm |
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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.
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"E Pluribus Unum" does not mean "Every man for himself". Pop Quiz: What do all the Framers of the Constitution have in common? |
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ParielIsBack
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Posted: 06 May 2009 at 11:05pm |
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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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BU Engineering 2012
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