United States as a Tax Haven
It should be noted that the global corporate tax
proposed by the Organisation for Economic
Co-operation and Development (OECD) does not deal
with tax havens, where corporations and wealthy
individuals conceal their money through trusts and
other devices. A Wikipedia article on tax
havens mainly located in the United States, notes:
"The U.S. receives tax and asset information for
American assets and income abroad, but does not
share information about what happens in the United
States with other countries. In other words, it
has become attractive as a tax haven.
"The Tax Justice Network ranks the U.S. third in
terms of the secrecy and scale of its offshore
financial industry, behind Switzerland and Hong
Kong but ahead of the Cayman Islands and
Luxembourg.
"Andrew Penney from Rothschild & Co described
the U.S. as 'effectively the biggest tax haven in
the world' and Trident Trust Co., one of the
world's biggest providers of offshore trusts,
moved dozens of accounts out of Switzerland and
Grand Cayman, and into Sioux Falls, saying:
'Cayman was slammed in December, closing things
that people were withdrawing ... I was surprised
at how many were coming across that were formerly
Swiss bank accounts, but they want out of
Switzerland.'
"A 2012 study by various U.S. universities showed
that the U.S. has the most lenient regulations for
setting up a shell company anywhere in the world
outside of Kenya. Tax havens such as the Cayman
Islands, Jersey and the Bahamas were far less
permissive, researchers found, than states such as
Nevada, Delaware, Montana, South Dakota, Wyoming
and New York. '[Americans] discovered that they
really don't need to go to Panama,' said James
Henry of the Tax Justice Network. For example, a
single address in Wilmington (1209 North Orange
Street) is listed as the headquarters for at least
285,000 separate businesses due to Delaware's
desirable corporate taxes and law, and it is
estimated that $9 billion of potential taxes is
lost over the past decade, due to the Delaware
loophole. Both Hillary Clinton and Donald Trump
have firms registered in North Orange Street, and
lawyers, trust companies and financial firms
including Rothschild & Co are moving offshore
accounts from locations such as Switzerland and
the Cayman Islands into the U.S. to take advantage
of the country's loose regulations, calling it the
'new Switzerland.'
"Mark Hays of Global Witness said, 'The U.S. is
one of the easiest places to set up so-called
anonymous shell companies,' and Stefanie Ostfeld
from the same organization said that 'the U.S. is
just as big a secrecy jurisdiction as so many of
these Caribbean countries and Panama.' More than
1.1 million live legal entities were incorporated
in Delaware at the end of 2014. An increasing
number -- more than 70 per cent -- of those were
LLCs (limited liability companies). The Delaware
Division of Corporations said in August 2015 that
'an LLC entices all types of people since it is
easy to operate and oversee,' and Delaware is
currently one of the few states without sales tax.
Delaware does not tax companies which operate
there, nor their royalty income. However, the LLC
is more popular and often less expensive in states
such as Wyoming, Nevada and Oregon. Approximately
668,000 anonymous LLCs are registered just in
those three states."
Offshore Tax Avoidance
The Wikipedia article continues: "Despite
this, the U.S. Public Interest Research Group
(PIRG) said in 2014 that the United States loses
roughly $184 billion per year due to corporations
such as Pfizer, Microsoft and Citigroup using
offshore tax havens to avoid paying U.S. taxes.
According to PIRG:
"- Pfizer paid no U.S. income taxes 2010-2012,
despite earning $43 billion. The corporation
received more than $2 billion in federal tax
refunds. In 2013, Pfizer operated 128 subsidiaries
in tax havens and had $69 billion offshore which
could not be collected by the Internal Revenue
Service (IRS);
"- Microsoft maintains five tax haven
subsidiaries and held $76.4 billion overseas in
2013, thus saving the corporation $24.4 billion in
taxes;
"- Citigroup maintained 21 subsidiaries in tax
haven countries in 2013, and kept $43.8 billion in
offshore jurisdictions, thus saving the
corporation an additional $11.7 billion in taxes."
A Guardian article reports, "Many
super-rich people are choosing South Dakota, which
has created the most potent force-field money can
buy -- a South Dakotan trust. If an ordinary
person puts money in the bank, the government
taxes what little interest it earns. Even if that
money is protected from taxes by an ISA
[individual savings account], you can still lose
it through divorce or legal proceedings. A South
Dakotan trust changes all that: it protects assets
from claims from ex-spouses, disgruntled business
partners, creditors, litigious clients and pretty
much anyone else. It won't protect you from
criminal prosecution, but it does prevent
information on your assets from leaking out in a
way that might spark interest from the police. And
it shields your wealth from the government, since
South Dakota has no income tax, no inheritance tax
and no capital gains tax.
"A decade ago, South Dakotan trust companies held
$57.3 billion in assets. By the end of 2020, that
total will have risen to $355.2 billion. Those
hundreds of billions of dollars are being
regulated by a state with a population smaller
than Norfolk [England], a part-time legislature
heavily lobbied by trust lawyers, and an
administration committed to welcoming as much of
the world's money as it can. U.S. politicians like
to boast that their country is the best place in
the world to get rich, but South Dakota has become
something else: the best place in the world to
stay rich. [...]
"In just three years, the amount of money held
via secretive structures in the U.S. had increased
by 14 per cent, the Tax Justice Network said. That
is the money pouring into Sioux Falls, and into
the South Dakota Trust Company."
For further information, see the Americans for
Tax Fairness article on tax havens here.
See also this report on U.S. tax havens here
for current corporate tax rates throughout the
world.
This article was published in
Volume 51 Number 11 - November 7, 2021
Article Link:
https://cpcml.ca/Tmlm2021/Articles/M5101113.HTM
Website: www.cpcml.ca
Email: editor@cpcml.ca
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