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Prominent US Senator Takes Fresh Aim At Foreign "Tax Abuse"

Tom Burroughes

20 September 2013

One of the most prominent US political foes of offshore tax jurisdictions, Senator Carl Levin (Dem, MI), yesterday unveiled the Stop Tax Haven Abuse Act in Congress, claiming the US loses about $150 billion a year in revenue from such abuse.

Levin, along with Senators Sheldon Whitehouse (D-RI), Mark Begich (D-AL) and and Jeanne Shaheen (D-NH), told the Senate his legislation, if enacted, will “authorize special measures to stop offshore tax abuse by allowing Treasury to take specified steps against foreign jurisdictions or financial institutions that impede US tax enforcement, including prohibiting US banks from doing business with a designated foreign bank”.

“This bill eliminates incentives to send US profits and jobs offshore, combats offshore tax abuses, and raises revenues needed to fund our national security and essential domestic programs. Its provisions could be part of an alternative deficit reduction package to substitute for sequestration this year, but should be adopted in any event because the loopholes we would close serve no economic purpose and shouldn’t exist even if there were no deficit,” Levin said, according to a statement on his official website          

The bill will also, Levin said, strengthen the Foreign Account Tax Compliance Act - which became law in 2010 and has been a controversial compliance measure - by clarifying when, foreign financial institutions and US persons must report foreign financial accounts to the IRS.

The bill comes at a time when the FATCA Act, which requires foreign financial institutions to check that any expat US clients and Green Card holders are fully compliant in tax affairs, has been criticised as heavy-handed. Already, FFIs such as Deutsche Bank and HSBC, among others, no longer serve such clients, although others, such as RBC Wealth Management and London & Capital, continue to do so.

Some groups, such as the CATO Institute think tank in Washington, DC, argue that the attacks on offshore tax centers are hypocritical, given that the US operates what amounts to being a tax haven in the form of Delaware, for example. It is also argued that increasingly onerous tax compliance legislation is driving wealthy Americans abroad and encouraging them to renounce their citizenship, costing the Treasury more in the long run.

Group of 20 nations, recently meeting in Russia, have renewed their calls for more transparency on international tax issues. The US and Switzerland have also recently inked an agreement to draw a line under a long-running dispute between the US and Swiss banks over Swiss bank secrecy laws and undisclosed accounts.

Unlike most nations, the US taxes citizens on a worldwide basis, regardless of where they live; other countries typically adopt a territorial approach.

Details

The bill would also, Levin said, “establish rebuttable presumptions to combat offshore secrecy in US tax and securities law enforcement proceedings by shifting to the US taxpayer, who takes advantage of the related loopholes, the burden of proving:  who controls an offshore entity; when money sent to or received from offshore is taxable income; and when offshore accounts have sufficient funds to trigger a reporting obligation.”

It says the measure would also “stop companies incorporated offshore but managed and controlled from the United States from claiming foreign status and avoiding US taxes on their foreign income by treating them as US domestic corporations for tax purposes.”

Other measures include strengthening detection of offshore activities, and closing an offshore swap payments loophole by treating swap payments that originate in the US as taxable source income; requiring country-by-country reporting by SEC-registered corporations to disclose their staff, gross revenues and tax payments on a per-country basis, and penalizing corporate insiders for hiding offshore holdings with a securities law fine of up to $1 million per violation.