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Tax Dodging Jeopardizes Society at Home and Abroad

Posted: 04/17/2012 10:00 am

Highways, schools and law enforcement. Firefighters, courts and national security. These are just some of the many, essential public services that are funded by our tax dollars, and it is because we cherish these services that we head to the post office every April to send Uncle Sam our tax returns -- at least, most of us do.

A recent column in The Baltimore Sun detailed how major American corporations like Apple make use of offshore tax havens and creative accounting techniques to legally avoid paying taxes in the United States, while still racking up record profits. An accounting technique called abusive transfer pricing, allows multinationals to artificially move profits out of high-tax jurisdictions like the United States, and into low- and no-tax countries like the Cayman Islands, Ireland and Switzerland.

A July 2010 Congressional report from the Joint Committee on Taxation found that one unnamed, multinational American tech company generated up to 55 percent of its revenue within the United States while only reporting that 10 percent of its pre-tax income was generated domestically -- reducing its tax bill and increasing its net profits. In fact, abusive transfer pricing enabled Google to avoid $3.1 billion in taxes from 2007 to 2009 and enabled Pfizer to dodge roughly $1 billion in taxes in 2009 according to Bloomberg News.

Indeed, Bloomberg News reports that abusive transfer pricing costs the U.S. government up to $60 billion per year, with a U.S. Senate report estimating that broader tax haven abuses cost the I.R.S. some $100 billion annually. And that's simply the toll tax havens take on Uncle Sam.

One need only look to the revenue-starved governments of Greece, Italy and Spain to see the horrific problems that tax evasion and avoidance -- facilitated by tax havens -- can have on major, industrialized, western economies. Years of unabated tax dodging contributed significantly to the debt crisis roiling Eurozone economies today. Public services are being slashed, public employees are losing their pensions and jobs by the boatload, and we are all becoming accustomed to the television footage of riots in the streets of Athens, Rome, Madrid and elsewhere.

Yet, less talked about is the cost of tax haven abuses on the developing world. The specific techniques, which allow multinational corporations to dodge taxes in the United States and Europe, allow those same companies to do likewise in the global south. A recent report from ActionAid UK revealed that SABMiller, the brewer of Coors and Miller, uses abusive transfer pricing to avoid paying an estimated ÂŁ20 million (or $31.8 million) in taxes in Africa and India each year.

Global Financial Integrity estimates that tax haven secrecy facilitates the outflow of roughly $1 trillion per year from developing and emerging economies, with illegal tax evasion due to trade mispricing alone costing poor countries $100 billion annually in lost revenue. The tax revenue lost to legal tax avoidance is almost certainly much higher.

The seriousness of the problem cannot be overstated: very often it is a matter of life and death. In the developing world, this means that children will go hungry, hospitals will not be funded, schools will not open and clean water will not be available to many people. In the developed world public services will be cut, roads and bridges will fall into disrepair, firefighters will be laid-off, and the middle class will be asked to pay more.

Tax dodging shifts the burden of public financing off the shoulders of multinational corporations and off the shoulders of the wealthy, increasing the tax burden on small and medium size enterprises as well as on middle and working class citizens.

But we are not helpless. We can pass into law the Stop Tax Haven Abuse Act which would require -- among other things -- all companies registered with the SEC to report data on employees, sales, financing, tax obligations and tax payments on a country-by-country basis, making it readily apparent to public observers which companies are abusing transfer pricing to avoid paying taxes in both developed and developing nations.

As the largest economy in the world, we could also demand that the G20 adopt a global system of automatic tax information exchange between jurisdictions, making it nearly impossible for wealthy tax evaders to hide behind tax haven secrecy laws in offshore locations.

Oliver Wendell Holmes once famously wrote that "taxes are the price we pay for a civilized society" -- a notion implicitly acknowledged by each of us when we file our tax returns with the IRS every April. Yet civilized society, at home and abroad, is precariously at risk today unless we do something to stem the rampant tax dodging facilitated by tax havens.

Heather A. Lowe, Esq., a graduate of the University of Chicago, is legal counsel and director of government affairs at Global Financial Integrity, a research and advocacy organization in Washington, DC. Clark Gascoigne is the organization's communications director.

 
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Highways, schools and law enforcement. Firefighters, courts and national security. These are just some of the many, essential public services that are funded by our tax dollars, and it is because we...
Highways, schools and law enforcement. Firefighters, courts and national security. These are just some of the many, essential public services that are funded by our tax dollars, and it is because we...
 
 
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HUFFPOST SUPER USER
Guitarsandmore
devoted father, community activist, musician, reti
12:35 AM on 04/19/2012
An accounting technique called abusive transfer pricing, allows multinationals to artificially move profits out of high-tax jurisdictions like the United States, and into low- and no-tax countries like the Cayman Islands, Ireland and Switzerland.
HUFFPOST SUPER USER
altheschrod
I'm pedaling hard.
08:24 AM on 04/18/2012
Since we all KNOW that corporations are using offshore facilities for profit, and agree it's wrong, why can't something be DONE about it? I thought the department of taxation had more clout than that!!
01:02 AM on 04/18/2012
Heavens. Companies are following the law and therefore threatening civilization. Brilliant article .
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HUFFPOST SUPER USER
rothomaha
The Truth will out
02:11 PM on 04/17/2012
How absurd can you get? "We can..."? Who exactly are the "we's" referred to herein? Are you speaking of those certified crooks. liars and hypocrites who pay to get elected with their corporate masters' money? Or perhaps you mean the candidates for president, who have megamillions backing them from CorporoAmerica? Certainly you couldn't be suggesting that WE, THE PEOPLE hold any sway whatsoever over what happens in DC?! And I certainly do not imagine that anyone could be so naive as to expect these rapacious, bottom-line oriented companies to voluntarily fall in line b/c "they are hurting society"??!! Coercion by any means available is the sole answer to this issue and if investors don't like it they can stuff it!
12:36 PM on 04/17/2012
The US has among the highest corporate tax rates in the world....then politicians add in credits, deductions and such to reward their friends. And people get upset that they hire tax attorneys to legally pay the minimum taxes due. This is crazy, but even the current administration has proposed raising some taxes and granting deductions to special interests. A flat corporate and personal tax (with progressive levels) with no deductions or credits would be more transparent and fair to those who can't afford to hire folks to figure out the 16,000 page code. Don't expect it soon as both parties ignoring Bowles Simpson signaled where the politicians interest lie .
maruski
Liberal Lutheran; lean left, save America!
02:39 PM on 04/17/2012
"highest" and among the lowest receipts because of those loopholes.
HUFFPOST SUPER USER
susiewatusi
Dancing around words daily...
12:32 PM on 04/17/2012
yeah... like our current congress is going to let a piece of legislation like that pass. mmmhhmmm, sure I can see that happening. Its a great idea but the current corporate take over of our congress is surely not gonna ever let that happen.
12:25 PM on 04/17/2012
"Revenue starved governments". That's a laugh. Let's examine their spending. You'll find it grows without end.
11:34 AM on 04/17/2012
One of the best argument for the fair tax i have seen on huffington so far.
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humanbeing-rick
Born in the USA 1947
11:08 AM on 04/17/2012
Very timely, and very important report! Thank you for the expose, sir! We must underscore the importance of this topic to all of our national leaders.
"Tax dodging shifts the burden of public financing off the shoulders of multinational corporations and off the shoulders of the wealthy" -- and we see the results, in poverty, excessive inequality, and injustice.
We can each do our job on this matter, and in America, we can start right here at home, the root source of it.
I am sick & tired of reading about how mega-corporations and the ultra-rich dodge their taxes, yet they are good at receiving the public dole in the form of subsidies and incentives. Some of them even make a profit from our tax system!
I support the Stop Tax Haven Abuse Act and will be writing my congress persons about it. We all should...
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Alwayspissedoffatsomeone
Liberalism = Stultification of the Brain
10:53 AM on 04/17/2012
Isn't this the Buffett Rule?
10:38 AM on 04/17/2012
be a good serf- the GSA and Congress need your money.
10:25 AM on 04/17/2012
Pass this law if you want to push more corporations out of America. Good luck...
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HUFFPOST SUPER USER
leftalwaysright
don't pee on my leg and tell me it's raining!
12:16 PM on 04/17/2012
Lowering their taxes didn't keep them from moving out when Bush was Prez. These companies love the amenities afforded them in the U.S.A. like roads, bridges, fire, police, parks and military but they don't want to pay for them. If not for the American consumer they wouldn't have all that money to hide if foriegn banks. Giving their fair share to the country and people who made them rich will hardly make a dent in their bottom line.
HUFFPOST PUNDIT
realitytrumpsbull
Two 'alves of coconut!
10:15 AM on 04/17/2012
If government wasn't trying to take so much from the public to pay for all their stuff, less individuals and companies would be trying to get away from it. Government's been on a growth binge for the last decade...money has to come from somewhere.
10:45 AM on 04/17/2012
Study after study indicates the strongest factor in encouraging adherence to an obligation is perceived fairness of the obligation, NOT the obligation's impact.

Perhaps if the wealthy paid the same rate as everyone else, there wouldn't be tax cheating
12:27 PM on 04/17/2012
Yeah, they call it "China".
10:10 AM on 04/17/2012
Greetings Heather and Clark,

What You Advocate Ignores The Other Half Of The Equation

It seems to me at the outset you assume that costs for services are transparent and the solution is extracting more money from corporations.

Just like any budget we should look at expenditures. The first place to start for all levels of government is to eliminate government employee unions that are driving up the costs for our services to begin with and in some cases have states and municipalities on the verge of bankruptcy.

Second we cut the pay and retirement plans.

Third we restructure the entitlement programs and repeal Obama care.

Fourth we replace not revise the tax code with a national consumption tax.

Warm regards,

Michael Winters
rainman578
I'm a VIP - Veteran. Independent. Physicist
01:21 PM on 04/17/2012
A graduate of the Ludwig von Mises school of hand-wavy economics? Or just a wannabe?
HUFFPOST SUPER USER
Silverfloss
retired
10:06 AM on 04/17/2012
One article on Greece's financial/economic problems said that Greeks' tax dodging was a big factor in their current problems, that and over-building/over-spending civic infrastructure in the early 2000's. Lovely new train stations and other infrastructure built on credit.