Category Archives: inversions

The comments of @submergingmkt James Henry appear to assume that the #CookvTait Principle of extra-territorial taxation is correct

My last post featured the comments of Apple CEO Tim Cook about the ongoing debate over whether U.S. companies should be punished for their strict compliance with the absolutely archaic, dysfunctional, overly complex tax laws of the United States of America. It has reached the point where it appears there are two classes of corporations that Homeland politicians and groups like the Tax Justice Network dislike:

Group 1 – U.S. Politicians dislike those U.S. companies who do comply with U.S. laws; and

Group 2 – U.S. Politicians dislike those U.S. companies who do NOT comply with U.S. laws.

These sentiments were recently expressed by James Henry of The Tax Justice Network who makes the point that:

The interview with Mr. Henry is fascinating. Mr. Henry is opposed to “territorial taxation” for Corporations. This suggests that he might be opposed to “residence based taxation” for individuals.

I would appreciate you commenting on what you think of Mr. Henry’s interview. What are the key points that he makes? What (if anything) does he say that is relevant to the RBT vs. CBT debate? Do you get the impression that Mr. Henry believes that U.S. companies are the property of the U.S. government?

By the way …

Here is Tim Cook’s testimony before the Levin Committee in 2013:

#CookvTait principle has created problems for Apple and has created advantages for non-US persons and corporations

Introduction …

The U.S. tax system is premised on the assumption that it can levy taxes on economic activity in other nations. This simple premise applies to both corporations and to individuals.

In the case of individuals: The taxation of economic activity in other nations takes place at the time that the money is earned.

In the case of corporations: The taxation of the economic activity, the taxation takes place when the money is returned to America.

In any case, the United States discriminates very strongly and punitively against all things American. The views of Apple CEO Tim Cook has some interesting comments on this issue.

Apple CEO Tim Cook interviewed on 60 Minutes 2015 …

”This is a tax code, Charlie, that was made for the industrial age, not the digital age,” he said. “It’s backwards. It’s awful for America. It should have been fixed many years ago. It’s past time to get it done.”

__________________________________________________________________________________________________________
Continue reading

Jack M. Mintz: A Whopper of a deal for Canada

Financial Post | Business

Canada would be a winner, along with Tim Hortons and Burger King shareholders, due to a boost in corporate revenue that would be taxed in Canadian government hands

The proposed corporate inversion by Burger King that involves moving its headquarters to Canada while taking over Tim Hortons has created a maelstrom in Washington.  Unlike U.S. Valeant’s takeover of Canada’s Biovail in 2010 with similar tax benefits, Burger King is a household name, putting the spotlight on Canada as a place to do business.

The Canadian reaction is mixed.  Industry Minister James Moore rightly crows that Canada’s competitive business tax system is attracting economic activity and profits to Canada.  The NDP asks whether any net benefits accrue from a foreign takeover of a Canadian icon when management could still remain in the United States, even though the new company will be headquartered in Canada.

[related_links /]

The NDP position, however, is…

View original post 719 more words

Washington likely to keep close watch on tax loophole as Burger King seeks to become Canadian

https://twitter.com/USCitizenAbroad/status/504576683551105024

Once again President Obama demonstrates his contempt for the law by noting that if he doesn’t like the results of the law, he has no respect for the law.

And on the Levin front:

Ohio Senator Sherrod Brown urged people to boycott Burger King over its move to relocate to Canada and eat at rival Wendy’s or White Castle instead. Meanwhile, Senator Carl Levin said he believes Burger King risks a backlash from its customers that would outweigh any tax benefit.

Of course, the U.S. could simply amend it’s tax laws to make them compatible with the rest of the world (that is if there is world outside the U.S.)

Financial Post | Business

MONTREAL • Corporate America is making a mad rush to the exits in a bid to lower its tax bill. But experts say the odds of political intervention in the stampede have increased as a result of a U.S. burger icon’s plans to become Canadian.

U.S.-based Burger King Worldwide Inc. has confirmed it is in talks to take over Canadian doughnut and coffee maker Tim Hortons Inc. The new company would be headquartered in Canada, making Burger King the latest U.S. company wanting to relocate to a lower-tax jurisdiction through a so-called inversion strategy.

My attitude is, I don’t care if it’s legal. It’s wrong

It’s an issue that’s gotten enormous attention in the United States. “They’re declaring they’re based someplace else even though most of their operations are here,” U.S. President Barack Obama said of the trend in July. “My attitude is, I don’t care if it’s legal. It’s…

View original post 817 more words

Billionaire Eugene Melnyk: I’m a ‘whistleblower’ on tax allegations against Valeant

https://twitter.com/USCitizenAbroad/status/503866980894384129

 

This is just one more example of how U.S. tax law makes it difficult for U.S. corporations to compete in a global world. There is no other country in the world that penalizes its own citizens and corporations simply because they are U.S.
Imagine if the Canadian government gave preferential treatment to non-Canadian citizens and corporations.
The U.S. believes it can both have the highest corporate tax rates in the world and expect corporations/people to want to remain Americans. This is delusional.

Financial Post | Business

MONTREAL • Eugene Melnyk, the billionaire owner of the Ottawa Senators and founder of drug maker Biovail Corp., is waging war against the company that now controls his one-time business.

Mr. Melnyk alleges that Valeant Pharmaceuticals International Inc. is masquerading as a Canadian company to make use of this country’s international fiscal treaties and dodge U.S. taxes. He predicts it will all eventually implode if American authorities claw back the taxes he believes Valeant may owe.

The Canadian businessman confirmed that he and three other individuals formed a group that made a formal presentation in 2012 to U.S. regulatory authorities, notably those in charge of taxation, denouncing Valeant’s tax strategy. In an interview this week, he called himself an “official whistleblower.”

The group alleges that Valeant’s merger with Canada’s Biovail in 2010 — which the group, among others, claim was more like California-based Valeant taking over Biovail — was a…

View original post 1,853 more words