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Gary Shapiro

Gary Shapiro

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Why Do Unions Want to Hurt Job Creators?

Posted: 04/ 7/11 02:36 PM ET

The AFL-CIO, the nation's best-known union, has come out swinging against adoption of tax rules that would encourage "repatriation" of foreign-earned corporate income.

This opposition is consistent with a view that corporations are evil and should be hurt in every possible way. But it is inconsistent with U.S. jobs creation and the ability of companies, unions and governments to meet pension obligations. Simply put, repatriation is a simple, no-cost solution to some problems and can be leveraged to directly create American jobs.

To begin with, repatriation is a name for a proposal to allow a lower tax rate for a defined time period for U.S. companies seeking to bring money earned overseas back into the United States. It is a tool of government that allows pumping up the U.S. economy at no cost to the government. It works because of a unique aspect of how our nation treats corporate earnings.

Under American law, U.S. corporations with overseas earnings pay taxes where they make their money overseas. And then if they bring the money back to the United States, they are further taxed (paying the difference with the higher U.S. tax rate as the United States has the highest corporate tax rate in the developed world). Naturally, this encourages American companies with overseas earnings to leave their earnings overseas.

Given this tax treatment, U.S. companies are perversely incentivized to invest that money overseas. This encourages them to build foreign facilities and hire foreign workers. Added to the U.S. litigation culture, the difficulty in hiring the best and brightest from around the world and the increasingly hostile attitude to business, it is not surprising that companies build overseas, and we have an unemployment rate of nearly one in five American adults.

Most estimates project there is more than a trillion dollars in overseas earnings that could be repatriated. A Democratic Congress and President Bush approved repatriation in 2006. It worked well and pumped money into the economy and into the U.S. Treasury. While some complained that many companies simply increased dividends, it definitely stimulated the economy.

Moreover, repatriation increased government revenue as taxes were paid (albeit at a lower rate) and even if companies used it for dividends - these dividend payments were taxed when paid out to taxpaying investors. It costs nothing as the government would never see that money absent repatriation and did create direct and indirect revenue to the U.S. Treasury - 10 percent of a trillion is better than 39 percent of nothing.

So why oppose repatriation as a solution to stimulate the economy? I am baffled at the attitude of unions such as the AFL-CIO who seem to try to cripple jobs creators at every turn. How can one claim to want American jobs while acting like they hate job creators?

The AFL-CIO is the example I follow because every day they send me their blog with what I consider to be anti-business rants. Until AFL-CIO President Richard Trumka took over last year, I was able to comment on the AFL-CIO blog and provide a jobs-creator view on many issues where business was unfairly attacked. It was gratifying to see how many rank-and-file union members agreed with me in response.

But since the AFL-CIO violated its own rules and installed a president who had pleaded the Fifth in a criminal investigation, I have been denied the ability to comment, despite having tried many times. Sadly, the entire AFL-CIO blog now contains only the opinions of those who agree with the union positions.

For example, the story referenced above was followed by seven comments (I tried to submit twice and was blocked). All the comments either attacked Republicans and corporations or suggested a certain amount of nastiness:

"put these corporations out of business," "...known as un-American activities and just like the commie hunt of the 50s they should be black-balled and their profits from such activity should be seized," "They can take a hike...out of our country!," "should be seized by the government and converted to publicly owned and operated entities."

Such positions are not limited to the rank and file. Steelworkers Union President Leo Gerard wrote on the AFL-CIO Blog:

"The nation's greedy corporations and insatiable wealthy are fattening themselves on workers. There's no trickle down. It's the opposite; the rich have been sucking the economic lifeblood from the middle class for decades."

What is simply foolish about this union led anti-corporation sentiment is that it is not only bad for the jobs in America, it also is bad for America and the unions themselves.

The Wall Street Journal recently reported that major state pension funds assume close to an eight percent return on their investments - ironically most of which are in U.S. corporate stocks and bonds. This is dubiously high, and the union rank-and-file (depending on this assumption for their pensions) should be cheering for the stock market success of these same publicly traded companies.

In my view, even if we took all the profits of the Fortune 500 companies and took all the money from America's 500 wealthiest people, and took the entire income of all Americans greater than $250,000 annually plus stopped funding the Iraq and Afghanistan wars and stopped all foreign aid, we would not cover the 2011 deficit, much less begin to pay off our debt.

A clever, vivid approach to this mathematical exercise reveals the depth of the problem. It is worth 10 minutes of every American's life to understand the serious nature of this problem.

Even if unions foolishly don't care about the stock that is being relied to pay their pensions, they say they care about U.S. jobs. Yet it would be the easiest compromise for Democrats and Republicans to agree that only those companies who add jobs or make incremental U.S. investments could benefit from repatriation. Some legislators are working on this compromise but absent the union blessing, Democrats are unlikely to proceed.

The entire assumption behind the union approach is that if only the rich paid more in taxes, our budget crisis would be solved and we could continue to fund the defined benefit pensions that are the backbone of the union demands. I implore the union leaders to candidly address the issues and allow another point of view on their blogs. We have to stop the "business is the enemy" attitude that now pervades America. We are headed towards national failure as we finger point and blame. Repatriation is the easy issue.

Democrat Erskine Bowles, co-chair of the bipartisan deficit commission, calls the deficit "the most predictable economic crisis in history" and warned the debt is a "cancer, which will destroy this country from within." Unions, businesses and all Americans can no longer deny that we are in trouble.

We have three options: raise taxes, cut spending, or grow the economy. I believe all must be pursued. We need some serious national shared sacrifice. I hope leaders rise to suggest real answers, and we consider our children and seek serious solutions rather than put the entire burden on any one group of Americans.

Gary Shapiro is the president and CEO of the Consumer Electronics Association and the author of the New York Times bestseller, "The Comeback: How Innovation Will Restore the American Dream."

 
 
 

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HUFFPOST SUPER USER
raker
05:11 PM on 04/11/2011
Corporations are killing us. And they are perfectly rotten at job creation—unless you live in Southeast Asia.
This user has chosen to opt out of the Badges program
03:28 PM on 04/11/2011
Here's the real question.

Why Do Corporations Hate America and American Citizens?
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HUFFPOST SUPER USER
Richard Bartholomew
My micro-bio isn't empty.
02:08 PM on 04/11/2011
'How can one claim to want American jobs while acting like they hate job creators?'

They're not just acting like they hate job creators---they actually do hate job creators.
This user has chosen to opt out of the Badges program
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12:45 PM on 04/11/2011
Gary, you worry too much.
You guys won the war and corporations pretty much have gotten what y'all want and it is only a matter of a little bit time before the final nail is driven into our coffin.
Some Fcc rules changes, finish crippling OSHA , FDA, and EPA, add more corporate subsidies and tax breaks, and maybe you will declare victory and quit writing these sort of blogs.
10:10 AM on 04/11/2011
Why is it that liberals can't seem to understand the most simple concepts of economics. This discussion in repatriation really boils down to one simple thing. If you tax something...you get less of it. In the case of multi-national corporations, if you tax the movement of capital from their overseas affiliates back to the US parent entity, you will get less of it. It's that simple.

If you're a liberal, and advocating to 'penalize' US corporations who use offshore tax havens...do you know what your'e going to get? MORE OFFSHORE TAX HAVENS AND LESS CAPITAL IN THE US. This is not a recipe for growth or jobs. It's a recipe for the continued decline of American economic power. Of course, that might be what the liberals want.
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BBackSoon
Hello, I must be going.
11:33 AM on 04/11/2011
So the only thing we can hope to do is let Corporations do as they please, and hope they decide to give a little back, once in a while?

Got it.
01:27 PM on 04/11/2011
why do republicans have such a myopia perspective of business intensions? Now tell why a orporation or a large or even a midsize business hire when the don'thave customers? do they like to build inventories? And now that we have a gobal economy it is not necessary to reinvest in america. You need to really look at the world in a different frame of mine. One that realizes the most pontential growth for economic development is in asia. Just for instance southeast aisian economies privat car ownership is growing 30% per year! You need to understand once America decided its work force didn't need a living wage it conceded its economic buying power. And my real point is all of these off shore companies ship there products all over a america using what the interstate transoration system. SO there fore they need to pay their taxes and invest in the infrastructure that creates their enormous wealth MY thought just the opposite of yours tax them hard and often! And now at tax the real cheats will get huge refunds and the working poor and not so comfortable will end up paying in! Its time we up the anti on these cheats put them in jail where the belong! And by the way how many weasels from the banking industry and wall street are in jail for their crimes aganist humanity!
11:41 PM on 04/10/2011
I guess Union bashing is the new talking point handed down from headquarters. In all honesty there are plenty of folks against this repatriation. I guess you couldn't have laid out your argument for repatriation based soley on the benefits it afforded the economy. You needed a bad guy didn't you? Well, yes that is obvious because you make the laughable assertion " U.S. companies are perversely incentivized to invest that money overseas" Repatriation is a reward to those who outsource and dodge taxes. It gives incentive to outsource and tax dodge, talk about irony. You rightly suggest that the deficit is a great concern you wrongly suggest that the unions do not think it is a problem. You fail to address why we have a deficit. Yes spending is a big part of that. A reasonable debate can occur on entitlements. But we also have these wars to pay for don't we? And you give no coverage to the fact that our trade deficit is an important part of the deficit. We borrow to pay for things that are no longer manufactured in this country. And it's not just the manufacturing jobs it's the other jobs that depend on manufacturing jobs. Companies use Inversion tactics to shift profits to overseas subsidiaries, to evade US taxes. I'm sure you're well versed in these tactics. And you tell us "We need some serious national shared sacrifice" Well there's a lot of sacrifice going on, no wonder you need a bad guy.
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
11:56 PM on 04/10/2011
Jimjames77:

The problem is that we have the highest corporate tax rate in the world, & unlike most of the OECD, our tax rate is applied globally, not territorially as theirs is.

So, regardless of whether we make profit in the US or overseas we get hit with a 39% tax rate, this is after having paid taxes in the country where the business is located. This results in double taxation & it encourages companies to reinvest earnings in those countries rather than recognize it as profit. So, in fact, we are incentivizing companies to reinvest & expand in other countries rather than bring that money back. Europe has a territorial system &, as such, their companies often bring back money to grow their domestic businesses.

We need to a) lower our corporate tax rate to be competitive and b) we need to go to a territorial system to encourage companies to bring money back home, either as dividends or as reinvestment. Both create jobs.

We are at a point now where even if you RAISE taxes you will get no more tax revenue since corporations are now incentivized to plough money back into their global businesses.

More importantly, with many American companies now getting a bulk of their income from overseas, you are encouraging them to relocate & redomicile outside the states to take advantage of better tax rates. Reducing even those fat cat CEO jobs that everyone seems to hate.

Regardless it is a net loss for America
12:27 AM on 04/11/2011
I think it would be a good idea to lower the corporate tax rate to 25%. It should be in line with economies similar to ours. Going lower than this would likely result in a race to the bottom. But really you have to acknowledge the tricks being played where the actual taxes being paid is much lower than 35%. http://www.huffingtonpost.com/rep-bernie-sanders/end-tax-breaks-for-profit_b_841173.html And there is a big difference between 35% and the 5% tax holiday rate of 2006. A repatriation rate of 20% might be a good number, but 5% let's get real. 5% is a reward for evading taxes and moving jobs overseas. If anyone is interested in seeing the "good use" the repatriated taxes were put to in 2005 read the following link http://levin.senate.gov/newsroom/release.cfm?id=307617 .also could you explain the bit about the OECD rate as territorially, thanks
DanBest
My micro bio is empty
01:54 PM on 04/11/2011
GE paid no taxes last year. How'd that 39 percent rate work out for them?
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HUFFPOST SUPER USER
William1950
everything I say could be wrong.
08:10 PM on 04/10/2011
wait... you want to "repatriate money?" ... repatriate?.... like money is now given personhood too? like corporations. considered people, ..... corporations are not evil, but perhaps the directors are. If by evil we consider the ultimate goal of profit above all else. Profit above the good of the nation. Profit above the environment, profit above the lives of the people who have given their labor to support the gain of said corporation...
If people would do what they know to be right we would have no problems.. people must have an inherent sense of good versus bad, they know when something they do is not right, as opposed to only looking at the profit to be gained.... when someone makes a decision that a little profit can be made by doing good... and a boatload can be made by doing bad, and then goes for the boatload... they are evil.
I am not religious in any sense of the word, but I say we have lost a moral compass by which we judge our actions.
HUFFPOST SUPER USER
logicanada
Blogger, radio co-host, writer, editor, voice-over
02:31 PM on 04/10/2011
Yeah. Unions want to hurt job creators so there will be no workers to populate the unions. I believe that. Maybe try peddling this talking point nonsense where people go by the endearment of 'folks'. It wont wash on the global stage.
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
11:57 PM on 04/10/2011
Rather than shrill that it isn't the case address his point. How does maintaining a high corporate tax rate encourage companies to bring money back to the States and create jobs.
DanBest
My micro bio is empty
01:56 PM on 04/11/2011
Name one corporation that actually pays the rate you want to cry about.
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KenGirard
"American" is my religion. I have faith in it.
01:58 PM on 04/11/2011
And how will it create jobs? Last time, and the time before that, they used the money to pay out bigger dividends, which then where used to invest in companies, who built more factories in other countries.

How about: We will let you bring money back into the US tax free...as long as you can show it is then directly used to employee Americans for at least 1 year. This could be employing them to build a new factory, or work in the factory, or even buying supplies made here in America, etc. It would not cover rewarding stockholders with bigger dividens, buying advertising, paying bonuses, paying for lobbying, etc.
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uniquindividual
I'm unique and so are you
10:26 AM on 04/10/2011
Tariffs and domestic content requirements are forms of repatriation too. Maybe the unions see this for what it is, another attempt to marginalise their very existence.

http://www.sott.net/image/image/s2/58749/large/Union_percent_1950_2010_442x33.png
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muysuave41
Spanish Olive Oil Producer
05:01 AM on 04/10/2011
You forgot to mention the high cost of health care in the USA because of big business getting their way with law protection they helped write. In addition, the $8T housing bubble collapsed a huge swath of American's equity as a result of help from the government and big business malfeasance. Naturally there is an unease and distrust of big business, as there should be.
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HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
12:25 AM on 04/10/2011
Union and Proud here Mr Shapiro and I am not trusting of Corporations who have already shown that they are not trustworthy. Fool me once shame on me fool me...you can't be fooled again.
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WASanford
I think, therefore I am mad as hell!
11:35 PM on 04/09/2011
One would think that the offer to create jobs in this kind of environment would garner almost anything those making the offer wanted in return. I just hope the American people have gotten wise to the false promises constantly being made by our corporate sector.

Those who make their money overseas and want to repatriate it should accept an appropriate counter offer. How about these business creating some jobs here first. Then we can perhaps, offer to allow them to repatriate some of their money consistent with the quality and number of jobs they've created.

Having watched Corporate behavior over the past few decades, I just don't think they are trustworthy. I'm sorry if you don't like that but it could change if those corporations were to begin living up to their promises. Until then there will be a war against them and the dictatorship they are trying to establish in my country.

I love being free and having my say in how our government works. I'm not going to give that up so easily.
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HUFFPOST SUPER USER
Gary Shapiro
02:37 PM on 04/11/2011
Kudos for clearlly verbalizing the proposed compromise I was suggesting. The deal is this. Corporation if you increase your US jobs or US investment by x percent then you can repatriate at a lower rate. It is an elegant solution which will create jobs and the polticians can debate the rates and percentages.
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WASanford
I think, therefore I am mad as hell!
10:41 AM on 04/12/2011
Thank you for your reply. It's good knowing that someone reads this stuff, because I think it's important.
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SoylentGreenIsPeople
You know how to use Google too !
04:45 PM on 04/09/2011
A repeat of the 2004 tax holiday will lead firms to expect more tax holidays, with the unfortunate result that they will be more inclined to invest in tax havens and less inclined to reinvest earnings in the United States. The Bush Administration opposed the repatriation provision enacted in 2004, arguing that it was weak stimulus and bad tax policy.Evidence from the 2004 repatriation tax holiday confirms that such a provision is more likely to provide a windfall to shareholders than to promote substantial new U.S. investment. Requirement to reinvest repatriated earnings in the U.S. proved ineffectual in 2004.Another tax holiday will lead firms to expect more tax holidays, with unfortunate consequences.
http://www.cbpp.org/cms/?fa=view&id=1010
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HUFFPOST SUPER USER
Gary Shapiro
02:38 PM on 04/11/2011
These are standard talking points irrelevant to the proposal on the table. See earlier comment and actual proposal.
02:10 PM on 04/09/2011
He plays games with numbers. It is true that the top US statutory corporate tax rates are high compared to other OECD countries - not quite the highest - that belongs to Japan and Germany (btw, historically two economic powerhouses). The *effective* tax rates for the US corporations are middle of the pack.
On the other hand if I as an individual (and US citizen) go work in another country I must still report my income to the IRS and if the local taxes aggregate lower than if I earned that money in the US I must pay the difference to Uncle Sam.
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HUFFPOST SUPER USER
Gary Shapiro
02:40 PM on 04/11/2011
no games. Japan cahnged its rate on April 1. Not sure where you got your info on Germany. Please cite source. I am pretty sure vPres Obama noted highest corporate tax rate in his state of the union but said many coprorations use special exemptions.
12:25 PM on 04/09/2011
Corporations are a government regulation. A corporation is created by government charter and given special rights that nobody else in the market enjoys. For example, corporations have a special owner called the corporate person which the government creates. Since the owner is a fiction of government law it cannot be suied. This immunity distorts our democracy.

Secondly, who aside from corporations spends MORE money lobbying congress? Corporations begged for, cried for, whined for, and got congress to grant them H-1B work visas. H-1B is wage suppression. Corporations use H-1B to take money from hard working Americans.

So far, the American people are mostly unaware of the ways that corporations are at war with working Americans. But they are starting to catch on.
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SoylentGreenIsPeople
You know how to use Google too !
04:59 PM on 04/09/2011
Most of the people currently being allowed in on H-1B visas are not unusually skilled with rare expertise, evidenced by the following statements taken from January 2001 Government Accountabi­­lity Office (GAO) Report to Congressio­­nal Committees "H-1B VISA PROGRAM Reforms Are Needed to Minimize the Risks and Costs of Current Program: "over half (54 percent) of the workers with approved LCAs from June 2009 through July 2010 were categorize­­d as entry-leve­­l positions and were paid at the lowest pay grades allowed under the prevailing wage levels" "today, the number of H-1B workers approved to enter the United States each year greatly exceeds the numeric limit establishe­­d by the cap, and the majority of applicants are categorize­­d as entry-leve­­l." Entry-leve­­l workers are not unusually skilled with expertise.
http://www­­.gao.gov/­n­ew.items­/d­1126.pd­f
09:44 PM on 04/09/2011
Dude, I know all about this first hand. We hire thousands of H-1Bers where I work and none are unusually skilled. Most in fact are terrible and we have to let them go. But our employer only allows us to hire H-1B workers. Well, they cannot forbid us from hiring Americans as that would be illegal. So they just only give us H-1B resumes. They remove all the American's resumes because there just aren't any qualified Americans...yeah right.