Home > DocuBase > Article

« All DocuBase Articles

 

Follow DocuTicker on Twitter [content not found]   Feed

Saturday, 14th June 2014

Corporate Expatriation, Inversions, and Mergers: Tax Issues

Source: Congressional Research Service via Federation of American Scientists

From Summary:

News reports in the late 1990s and early 2000s drew attention to a phenomenon sometimes called corporate “inversions” or “expatriations”: instances where U.S. firms reorganize their structure so that the “parent” element of the group is a foreign corporation rather than a corporation chartered in the United States in order to reduce the effect of the U.S. corporate income tax....

These types of inversions largely ended with the enactment of the American Jobs Creation Act of 2004 (JOBS Act, P.L. 108-357), which denied the tax benefits of an inversion if the original U.S. stockholders owned 80% or more of the new firm. The Act effectively ended shifts to tax havens where no real business activity took place.

However, two avenues for inverting remained. The Act allowed a firm to invert if it has substantial business operations in the country where the new parent was to be located; the regulations at one point set a 10% level of these business operations. Several inversions using the business activity test resulted in Treasury regulations in 2012 that increased the activity requirement to 25%, effectively closing off this method. Firms could also invert by merging with a foreign company if the original U.S. stockholders owned less than 80% of the new firm.

Two features made a country an attractive destination: a low corporate tax rate and a territorial tax system that did not tax foreign source income. Recently, the UK joined countries such as Ireland, Switzerland, and Canada as targets for inverting when it adopted a territorial tax. At the same time the UK also lowered its rate (from 25% to 20% by 2015).

Recently, several high profile companies have indicated an interest in merging or plans to merge with a non-U.S. headquartered company, including Pfizer and Chiquita. Pfizer, for example, was interested in merging with a smaller British firm, AstraZeneca, and moving headquarters to the UK. For Pfizer, which has accumulated substantial profits in subsidiaries in low tax foreign countries that would be taxed if paid to the U.S. parent, the territorial tax system is likely the most important tax benefit from such a merger. This “second wave” of inversions again raises concerns about an erosion of the U.S. tax base.

+ Direct link to document (PDF; 262 KB)


Category:

Source:

Views: 1013


Having begun his career in academic libraries, Adrian Janes has subsequently worked extensively in public libraries, chiefly in enquiry work as an Information Services librarian. In this role he has had particular responsibility for information from both the UK Government and the European Union. He wrote a detailed report on sources for the latter which was published by FreePint in 2007, and has contributed articles to FreePint and ResourceShelf. He is involved in training in information literacy and the use of online reference resources.

A Contributing Editor to DocuTicker, he also write reviews for Pennyblackmusic.

Adrian can be reached at adrian.janes@freepint.com

More articles by Adrian Janes »



Please note: DocuTicker's editors collect citations for full-text PDF reports freely available on the web but we do not archive these reports. When you click a link to find and/or download the report, you are leaving the DocuTicker site. DocuTicker makes no representations regarding the ongoing availability of any report or any external resource. Links were accurate as of the date of posting.

« All DocuBase Articles

 

FreePint

FreePint supports the value of information in the enterprise. Read more »


FeedLatest FreePint Content:


  • Click to view the article FreePint Product Reviews - How We Choose Who to Review
    Friday, 31st October 2014

    Sophie Alexander provides insight into FreePint's product review process including how we select which products to review, what's included and the unique way FreePint works with vendors.

  • Click to view the article What's New at NewsEdge.com?
    Friday, 31st October 2014

    Chris Porter looks at how long-established news monitoring and distribution service NewsEdge.com has evolved recently, in response to the changing market for enterprise business news.

  • Click to view the article Making Your Intranet More Effective
    Thursday, 30th October 2014

    As an intranet manager you're likely to have lots of issues with your intranet, irrespective of whether it's 10 years old or 10 weeks old. Fortunately whilst intranets might have their problems, there are lots of opportunities for them to make a significant contribution to the way an organisation creates and manages content and the extent to which it is innovative and collaborative. James Mullan explores how intranet managers can ensure the intranet makes a significant contribution to the organisation as a whole.

  • ... more ...

All FreePint Content »
FreePint Topics »


A FreePint Subscription delivers articles and reports that support your organisation's information practice, content and strategy.

Find out more and order a FreePint Subscription by visiting the
completing our online form: Subscription Order page.


FreePint Testimonials

"Loved it. Very impressed. It was great. A very high calibre event. The people participating were of a very high calibre. Felt that the topics ..."

Read more testimonials and supply yours »







 

 
 
 

Subscribe

Receive the DocuTicker Newsletter each week.

Find out more »

Article Categories

All Article Categories »

Sources

All DocuBase Sources »

Source Categories

All Source Categories »

Archive

All Archives »