BrownDuck wrote:
So, this only applies to companies headquartered in foreign countries which have no direct applicable tax-reducing treaty with the U.S. The existing tax code is amended to say that only control of "more than 50% of the total combined voting power of all classes of stock entitled to vote" is required to be considered a controlling group. This means that now any corporation for which over 50% of the stock is held by foreign interests is defined as a "foreign controlled group of entities" for the purpose of this restriction.
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Yes. Congratulations. Now go read the massive sections on multinational corporations and subsidiaries and controlling stock mechanisms and in 6 months, when you have a better understanding of the issue, you might just realize why this could be a problem.
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The effect of this restriction is that a U.S. subsidiary may no longer avoid paying taxes on income earned in the U.S. by making a deductible payment to another party within the corporation that resides in a country in which a treaty exists with the U.S. that might allow tax reductions before funneling the money back to the corporate headquarters residing in a country with no such tax-reducing treaty.
Your first mistake is assuming that "US subsidiary" means one thing and only one thing and can only be derived within the law in one way. Multinational corporations often break themselves up into a bewildering number of pieces in order to comply with the differing laws in the countries they operate in while still enabling them to make a profit. And yes, that includes things like manipulating the "on paper" controlling interests in said subsidiaries as well.
What can appear to be a "foreign corporation" operating a US subsidiary can in fact be a US corporation, which spun off a foreign structure, which in turn operates branches in other countries (which could include the US btw), any one of which could themselves be fully spun off entities as well.
From a legal point of view, there's almost no correlation between a domestic and a foreign corporation and what the average person thinks when they think of those terms, and it's a mistake to attempt to do so. Don't get me wrong, I get what the law is *trying* to do. My point is that it wont work. It'll just create yet another hoop that corporations will have to deal with. The guys who are actually using this to "***** over" the US (although no one can seem to explain clearly how) aren't going to be stopped by this, but the legitimate corporations who just happen to fall into said category might be.
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As the code exists now, A U.S. subsidiary of "ABC CORP" may transfer U.S. based income to a England-based subsidiary of "ABC CORP" via a deductible payment, thereby reducing the amount of tax owed on said income. The English subsidiary of said corporation may then transfer the funds to corporate interests outside of the boundary of the U.S. tax code.
Yes. That's the way the law works. And we did so deliberately by creating those treaties in the first place. It's not a "loophole". It's deliberate. It was done to foster trade with/through those countries. If we have issues with those countries in turn making deals with third parties we don't like or have agreements with, perhaps we should formalize agreements with them, or be a bit more cautious about the treaties we make?
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It's a loophole that allows foreign corporations to avoid paying taxes that should be paid for income earned in the U.S. through the use of a third party subsidiary residing in a country that is a signatory to such tax-reducing treaties with the U.S., and it should be rightfully closed, especially if the funds lost to said loophole approach anywhere near the 7.4 billion required to fund the WTC bill.
The last part is problematic. If the loophole needs to be closed because it's such a huge problem, then it should be addressed and closed on its own merits. Surely you see the problem with leveraging a one time short term need for money to pass something with much farther reaching effects, right?
Propose and pass it on its own, if it's that important. It clearly isn't, though. Which is the point.
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It's not a "new tax", nor could it possibly be construed as such by any individual with a reasonable amount of intellect.
Of course it is! What else do you call taxing income we didn't tax before? We did not previously apply taxes to those economic transactions and now we are. That's a "new tax".
The label isn't based on whether you like it or not, or think it's a tax we should have. It's whether or not the financial exchange is taxed or not. Currently, it's not. If we pass this law, it is. It's not that complicated.