by Robert Weissman and
Russell Mokhiber
-Guest Comunists-Make lots of money
and avoid paying taxes.
That may sound like the promo line for a get-rich-quick scam operation, but it is also
the reality for the worlds leading multinational corporations.
In each year between 1989 to 1995, nearly one-third of all large corporations operating
in the United States paid no U.S. income tax. More than six out of 10 large companies paid
less than a million dollars in federal income tax in 1995.
Those were the stunning conclusions of a little-noticed report issued by the U.S.
General Accounting Office (GAO), a Congressional research arm, in March. The report was
commissioned by Senator Byron Dorgan (D-N.D.).
Taking into account all companies, including small corporationsmany of which may
not have earned any profitsthe GAO found that "in each year between 1989 and
1995, a majority of corporations, both foreign-and U.S.-controlled, paid no U.S. income
tax." The GAO defined a company as large if in 1995 it had assets of at least $250
million or sales of at least $50 million.
The GAO report also found that large foreign-owned corporations operating in the United
States are doing a much better job of evading taxes than U.S.-owned companies. In 1995,
where large U.S. companies paid more than $15 in taxes for each $1,000 in sales,
foreign-controlled companies paid barely half that.
The GAO offered some partial explanations for why foreign-controlled companies pay less
in taxes on their U.S. operations: many are newer, and they are more concentrated in
wholesaling and less concentrated in financial services than U.S. companies.
But those factors do not really explain what is going on. Robert McIntyre, director of
Citizens for Tax Justice, says that the important distinction is not between U.S.
companies and foreign companies, but between domestic companies (meaning companies
operating only in the United States) and multinationals.
The multinationals, he says, have two key tax-avoidance strategies. The first, and more
well known, is called "transfer pricing."
"Paying too much or charging too little in paper transactions with their foreign
affiliates is the typical way that multinational companies shift income out of the United
States for tax purposes," McIntyre says.
"That is likely to explain much of the discrepancy in tax payments found in the
GAO report."
Major acquisitions of U.S. companies by foreign corporationsa speeding trend that
includes the Daimler buyout of Chrysler, the British Vodaphones takeover of AirTouch
Communications and BPs buyout of Amocomay worsen transfer pricing abuses,
McIntyre says.
"Chrysler reported $879 million in federal income tax payments in 1995 and $963
million in 1996," McIntyre says. "One wonders whether that will fall off sharply
now that Chrysler is foreign controlled."
The second important tax escape for big corporations involves a complicated financial
shell game in which companies pay interest to non-taxable offshore subsidiaries, and then
deduct the interest payments from the U.S. income.
The companies, and their accountants and lawyers have become increasingly aggressive in
using this tax-avoidance ploy, which McIntyre now rates as a more serious problem than
transfer pricing.
While tax policy can always devolve into incredibly arcane debates, there are
relatively simple solutions available to solve the corporate tax-avoidance plague.
Existing law is largely sufficient to
handle the problem of intra-company interest payments, McIntyre says, but Congress
heavily influenced by corporate lobbyistshas blocked the Treasury Department
from effectively clamping down on corporate tax avoiders using this scheme.
Dealing with transfer pricing would require new legislation and perhaps international
agreements, but the basic principle is clear: corporations should have to pay taxes, in
some jurisdiction, somewhere, on 100 percent of their income.
These two maneuvers are of course only two ways that multinationals in particular avoid
taxes. There are dozens of other tax loopholes that companies exploit to drive their tax
payments down to zero.
The alternative minimum tax is supposed to require that profitable companies pay some
federal income tax, to prevent companies from using tax preferences to get to zero tax
payments. Unfortunately, Congress has progressively gutted the alternative minimum tax, so
that the number of no-tax-paying corporations is on the rise.
There is an important fairness issue herewhy should corporations get off the tax
hook when working people pay their fair share? But much more than just fairness is at
stake.
Corporate tax freeloaders steal from society: either citizens pay more to fill the
corporate tax gap, or the resulting shortfall in government income leads to
underinvestment in health care, education, clean water, public transportation and the many
other positive things that government funds or provides for the benefit of all citizens.
(Russell Mokhiber and Robert Weissman are co-authors of "Corporate Predators:
The Hunt for MegaProfits and the Attack on Democracy." See http://www.corporatepredators.org. (c)
Russell Mokhiber and Robert Weissman.)