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Review Magazine - Politics

Corporate Tax Shelters and their Impact Upon Modern America

By Emilie F. Nichols

 
What are corporate tax revenues so far this year? Who's paying taxes? 
Who's not? Who benefits? If the corporations don't want to pay taxes -- 
at any level of government -- then why don't we take them off the 
roads, railways, airlines, airwaves -- that average taxpayers are paying 
out the wazoo for?
In Government Posts $56.3B Surplus by Associated Press writer Jeannine

Aversa shows how The Treasury, thanks to a flood of individual income  tax

receipts, posted a surplus of $56.3 billion in June and is on track to

produce another record bounty for the entire fiscal year.   The

government's surplus in June was 5.1 percent larger than the $53.6 billion

surplus recorded in June 1999.
This surplus was in line with the$55 billion surplus many analysts were

expecting, and the $56 billion anticipated by the Congressional Budget

Office.   Revenue for June totaled $214.9 billion, while expenditures came

to$158.6 billion.   For the first nine months of fiscal 2000, which began

Oct. 1, the government is running a surplus of $176.6 billion - far

surpassing the  record $124.4 billion surplus for all of fiscal year 1999.

Revenue for the first nine months came to $1.53 trillion, while spending

totaled $1.36 trillion.   With the expected surplus for fiscal year 2000,

which ends Sept. 30, it would be the first time the government has reported

three consecutive surplus years since 1947, 1948 and 1949.
And lest Republican Presidential candidate George W. Bush attempt to

appropriate Republican credit for the turnaround, it is important to

remember that the one vote that broke a tie on the important Congressional

Budget Plan, up for consideration in the early days of the Clinton

Administration which led to this remarkable turnaround, was that of

Vice-President Al Gore.
The Clinton Administration is predicting a $224 billion surplus for fiscal

2000, while the CBO is projecting a slightly larger $232 billion.   In

June, the biggest spending categories were: interest on the public  debt,

$75.9 billion; Social Security, $43.1 billion; programs at the Health  and

Human Services Department, $36.3 billion; and military spending, $28.5

billion.   Revenues from individual income tax payments totaled $100.5

billion in  June, compared with $93 billion for the same month last year.

Payments from corporate taxes came to $40.5 billion, up from $39.3 billion

in June 1999.
Corporations Paying Half the Taxes of Individuals While Their Profits Sizzle
Writer David Francis,  senior economic correspondent for The Monitor, took

the time to trace the precise degree to which Corporate profits are

sizzling and Wall Street is cheering. Stock prices are rising again. But

Uncle Sam's  not getting his full cut.
Corporate profits were up 8.9 percent in the  fiscal year ended Sept. 30.

Federal corporate tax revenues were down 2.5  percent.
Indeed, corporate income tax revenues as a share of  corporate profits are

sliding.
Washington has its eyes on  this oddity, partly for political reasons.

Shrinking corporate  tax revenues opens the door to a hot campaign issue.

Democrats could  accuse the Republicans of expanding "corporate welfare"

- rewarding generous corporate campaign givers with tax breaks. That may

be one reason Bill Archer (R) of Texas, Chairman of the House Ways and

Means Committee, just announced a hearing on corporate tax shelters on

Nov. 10. Treasury will be testifying.
Last July, Treasury  issued a long "white paper" that began: "The

proliferation  of corporate tax shelters presents an unacceptable and

growing level of  tax avoidance behavior."
The Clinton administration wants  some tax loopholes closed, increased

penalties for companies using  abusive shelters and penalties for their

promoters or providers, and  advance disclosure of tax shelter use.
Mr. Archer described his  hearing as "the latest in the committee's

efforts to stop abusive  tax shelters," and claimed Congress has stopped

$50 billion in  abuses since 1995.
Nonetheless, corporate tax revenues as a  proportion of total corporate

profits have fallen to 21.3 percent in  fiscal 1999 from 26.6 percent in

fiscal 1994. The nominal corporate tax  rate is 35 percent.
Revenues actually fell last year to $184.7  billion from $188.6 billion in

fiscal 1998.
Lost revenue  in fiscal 1999 alone could be $13 billion to $24 billion,

estimates  Martin Sullivan, an economist writing for Tax Notes, a tax

publication in  Arlington, Va.
"Lawmakers may no longer have the luxury of  delaying consideration of the

tax shelter problem," he  reckons.
Multinational firms are part of the story. A General  Accounting Office

study found that 67 percent of foreign-based  corporations are doing

hundreds of billions of dollars of business in the  U.S. without paying a

penny of American income taxes.
At a  Senate Foreign Relations Committee hearing Oct. 27, Sen. Byron

Dorgan (D)  of North Dakota charged these foreign companies with "an

aggressive accounting scam."
Using a "transfer  pricing" tactic, they move US profits out of this

country to their  home base or another country with a more favorable tax

system  by manipulating the price they charge themselves for the goods and

services they move among related parts of their business.
Some foreign-based firms claimed their US operations in 1998 bought

toothbrushes for $171 each and pantyhose for $38 a pair. They sold missile

and rocket launchers for $13 each and radial tires for $5 apiece.
"This is absurd," Mr. Dorgan said. He added  that it may be "draining our

Treasury coffers by more than $30  billion annually."
The Senate committee is slated to meet Nov. 3  to consider approving eight

tax treaties, which aim to prevent double  taxation involving both the home

nation and the US.
Dorgan  would like to see such treaties include a "formular" approach  to

avoid the complex transfer-pricing problem. It would look at sales  and

assets for allocating profits between countries for tax  purposes.
It is the domestic tax situation that's getting the  most attention.

Recently, when the Senate passed a bill  extending $8.5 billion in

corporate tax breaks for a year, House minority  leader Richard Gephardt

said: "The people who get the real treats  are corporations and the wealthy..."
Actually, the  Senate "paid for" the extensions by cutting other company
tax breaks.
The House Ways & Means Committee also is weighing a plan for extending six

expiring corporate tax  preferences. Bob McIntyre, director of Citizens for

Tax Justice, a  Washington group, calls the $20.9 billion, five-year

proposal  "corporate welfare."

 

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