Outsourcing Tariff Evasion: a New Explanation for Entrepot Trade
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Transfer Pricing As a Vehicle in Corporate Tax Avoidance
The Journal of Applied Business Research – January/February 2017 Volume 33, Number 1 Transfer Pricing As A Vehicle In Corporate Tax Avoidance Joel Barker, Borough of Manhattan Community College, USA Kwadwo Asare, Bryant University, USA Sharon Brickman, Borough of Manhattan Community College, USA ABSTRACT Using transfer pricing, U.S. Corporations are able to transfer revenues to foreign affiliates with lower corporate tax rates. The Internal Revenue Code requires intercompany transactions to comply with the “Arm’s Length Principle” in order to prevent tax avoidance. We describe and use elaborate examples to explain how U.S. companies exploit flexibility in the tax code to employ transfer pricing and related tax reduction and avoidance methods. We discuss recent responses by regulatory bodies. Keywords: Transfer Pricing; Tax avoidance; Inversion; Tax Evasion; Arm’s Length Principle; R & D for Intangible Assets; Cost Sharing Agreements; Double Irish; Profit Shifting INTRODUCTION ver the last decade U.S. corporations have been increasing their use of Corporate Inversions. In an inversion, corporations move their domestic corporations to foreign jurisdictions in order to be eligible O for much lower corporate tax rates. Furthermore, inversions allow U.S. corporations that have accumulated billions of dollars overseas through transfer pricing to access those funds tax free. With an inversion a U.S. corporation becomes a foreign corporation and would not have to pay tax to the U.S. government to access the funds accumulated abroad as the funds no longer have to be repatriated to be spent. Corporations continue to avoid taxation through Transfer Pricing. This article explains transfer pricing and discusses some of the tax issues that transfer pricing pose including recommendations and proposed legislation to mitigate the practice. -
Tax Heavens: Methods and Tactics for Corporate Profit Shifting
Tax Heavens: Methods and Tactics for Corporate Profit Shifting By Mark Holtzblatt, Eva K. Jermakowicz and Barry J. Epstein MARK HOLTZBLATT, Ph.D., CPA, is an Associate Professor of Accounting at Cleveland State University in the Monte Ahuja College of Business, teaching In- ternational Accounting and Taxation at the graduate and undergraduate levels. axes paid to governments are among the most significant costs incurred by businesses and individuals. Tax planning evaluates various tax strategies in Torder to determine how to conduct business (and personal transactions) in ways that will reduce or eliminate taxes paid to various governments, with the objective, in the case of multinational corporations, of minimizing the aggregate of taxes paid worldwide. Well-managed entities appropriately attempt to minimize the taxes they pay while making sure they are in full compliance with applicable tax laws. This process—the legitimate lessening of income tax expense—is often EVA K. JERMAKOWICZ, Ph.D., CPA, is a referred to as tax avoidance, thus distinguishing it from tax evasion, which is illegal. Professor of Accounting and Chair of the Although to some listeners’ ears the term tax avoidance may sound pejorative, Accounting Department at Tennessee the practice is fully consistent with the valid, even paramount, goal of financial State University. management, which is to maximize returns to businesses’ ownership interests. Indeed, to do otherwise would represent nonfeasance in office by corporate managers and board members. Multinational corporations make several important decisions in which taxation is a very important factor, such as where to locate a foreign operation, what legal form the operations should assume and how the operations are to be financed. -
Tanzania the Panama Papers in Africa
Tanzania The Panama Papers in Africa: Tax Avoidance, Money Laundering or Illicit Financial Flows? Olwethu Majola-Kinyunyu LLB, LLM PhD Candidate, Centre of Criminology, University of Cape Town, Cape Town, South Africa Email: [email protected] Abstract Early in 2016 the international community was shaken by the news of the biggest data leak in history. Political figures, prominent business people, sportstars and even criminals were the topic of discussion in news outlets across the globe. Following the release of the Panama Papers, many called for the leaders who were implicated to resign from their positions and for business executives to be investigated. There were reports of offshore accounts and companies operating in tax havens and accusations of money laundering, terrorism financing and tax avoidance. What do the Panama Papers mean for Africa? This paper assesses the effects of the Panama Papers on the African continent and evaluates whether the responses by African states are sufficient. What are the Panama Papers? tax haven jurisdictions in the facilitation of tax evasion, money laundering, organised crime, illicit The ?Panama Papers? is the colloquial term referring to the leak of client documents belonging to financial flows and other issues of grave concern to Panama-based law firm Mossack Fonseca. Details of the the international community. Panama documents were leaked by German newspaper, The Legality of Offshore Accounts and Companies in Süddeutsche Zeitung, in conjunction with the African Jurisdictions International Consortium of Investigative Journalists Holding ownership of a shell company or an offshore (ICIJ), consisting of over 100 media partners in 82 account, in most cases, is not unlawful. -
Preventing Deglobalization: an Economic and Security Argument for Free Trade and Investment in ICT Sponsors
Preventing Deglobalization: An Economic and Security Argument for Free Trade and Investment in ICT Sponsors U.S. CHAMBER OF COMMERCE FOUNDATION U.S. CHAMBER OF COMMERCE CENTER FOR ADVANCED TECHNOLOGY & INNOVATION Contributing Authors The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations. Copyright © 2016 by the United States Chamber of Commerce. All rights reserved. No part of this publication may be reproduced or transmitted in any form—print, electronic, or otherwise—without the express written permission of the publisher. Table of Contents Executive Summary ............................................................................................................. 6 Part I: Risks of Balkanizing the ICT Industry Through Law and Regulation ........................................................................................ 11 A. Introduction ................................................................................................. 11 B. China ........................................................................................................... 14 1. Chinese Industrial Policy and the ICT Sector .................................. 14 a) “Informatizing” China’s Economy and Society: Early Efforts ...... 15 b) Bolstering Domestic ICT Capabilities in the 12th Five-Year Period and Beyond ................................................. 16 (1) 12th Five-Year -
Avoiding Penalties and the Tax Gap
Media Relations Office Washington, D.C. Media Contact: 202.622.4000 www.irs.gov/newsroom Public Contact: 800.829.1040 Avoiding Penalties and the Tax Gap FS-2008-19, March 2008 WASHINGTON— The Internal Revenue Code imposes many different kinds of penalties, ranging from civil fines to imprisonment for criminal tax evasion. If you do not file your return and pay your tax by the due date, you may have to pay a penalty. You may also have to pay a penalty if you substantially understate your tax, understate a reportable transaction, file an erroneous claim for refund or credit, or file a frivolous tax submission. If you provide fraudulent information on your return, you may have to pay a civil fraud penalty. Penalties are generally payable upon notice and demand. Penalties are generally assessed, collected and paid in the same manner as taxes. The notice will contain the name of the penalty, the applicable code section, and how the penalty was computed (or information on how to obtain the computation if not included). This fact sheet is the 22nd in the Tax Gap series. It provides additional guidance to taxpayers regarding civil penalties and the consequences for understating income and overstating expenses. Estimated Tax-Related Penalties Employees have taxes withheld from their paychecks by their employer. When you have income that is not subject to withholding you may have to make estimated tax payments during the year. This includes income from self-employment, interest, dividends, alimony, rent, gains from the sale of assets, prizes, and awards. You also may have to pay estimated tax if the amount being withheld from your salary, pension, or other income is not enough to pay your tax liability. -
Tax Compliance Africans Affirm Civic Duty but Lack Trust in Tax Department by Thomas Isbell
Tax compliance Africans affirm civic duty but lack trust in tax department By Thomas Isbell Afrobarometer Policy Paper No. 43 | December 2017 Introduction In any economy, balancing expenditures, revenues, and debts is a delicate and often politicized task. Competing interests and priorities buffet those tasked with planning a viable and stable national budget. For any state, taxes raised from individuals and businesses are a central plinth supporting the provision of services, the maintenance of infrastructure, the employment of civil servants, and the smooth functioning of the state. In many African countries, however, tax evasion leaves states with major holes in their budgetary pockets. A 2015 report by the High Level Panel on Illicit Financial Flows from Africa cites tax abuse as an important contributor (along with laundering of criminal proceeds, corruption, and market abuse) to an estimated $30 billion to $60 billion per year that African governments lose to illicit financial flows, hampering growth through state investment, improvements in education and health services, and lower debt commitments abroad (United Nations Economic Commission for Africa, 2015a, 2015b; Guardian, 2015). The 2016 leaks of the “Panama Papers” exposing tax evasion and fraud among many African and world leaders and their families further underlined the magnitude of the burden that tax evasion places on the continent (Kuo, 2016; Copley, 2016). Moreover, low tax compliance weakens the state’s ability to invest and develop. In 2005, only 15% of gross domestic product (GDP) in developing countries derived from taxes, compared to 35% in developed countries (Fuest & Riedel, 2009). In some of the poorest countries, this proportion was 12%. -
Selecting Import Products and Suppliers 409
Chapter 17 SelectingSelecting Import Import Products andProducts Suppliers and Suppliers TYPES OF PRODUCTS FOR IMPORTATION One of the most important import decisions is the selection of the proper product that serves the market need. In the absence of the latter, one is left with a warehouse full of merchandise with no one interested in buying it. Nevertheless, importing can become a successful and profitable venture so long as sufficient effort and time is invested in selecting the right product for the target market. How does one find the right product to import? The following are differ- ent types of products to consider. Unique Products Products that are unique and different can be appealing to customers be- cause they are a welcome change from the standardized and identical prod- ucts sold in the domestic market. The fact that a product is imported and different is in itself sufficient for many people to purchase the item. However, some studies indicate product uniqueness in terms of cultural appeal to be a relatively less important variable in the purchasing decision of import man- agers (Ghymn, 1983). Less Expensive Products It is quite common to find imports that perform identically to the competi- tor’s product but can be sold at a much lower price. As customers quickly switch allegiance to buy the imported item, it is quite possible to capture a substantial share of the domestic market. Export-Import Theory, Practices, and Procedures, Second Edition 407 408 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES For firms selling in mature markets where there is little or no product dif- ferentiation, cost reduction provides a competitive advantage (Shippen, 1999). -
Analysis of Tax Avoidance Strategies of Top Foreign Multinationals Operating in Australia: an Expose
UNIVERSITY OF TECHNOLOGY SYDNEY Analysis of Tax Avoidance Strategies of Top Foreign Multinationals Operating in Australia: An Expose Ross McClure, Roman Lanis and Brett Govendir 19 April 2016 1 1. Introduction to Tax Aggressiveness The term “tax aggressiveness” first entered accounting research literature in the late 1990’s. At this time, the gap between financial income and tax income in company financial statements was getting wider and wider.1 Research into tax aggressiveness has been concerned with the magnitude, determinants and consequences of these corporate behaviours and activities. It has borrowed from similar research in economics that investigates the tax burden and where the burden lies, and from finance research that examines the effect of taxes on firm value, expected returns and leverage (Hanlon & Heitzman 2010). In tax research, “tax aggressiveness” is generally defined as a broad continuum of activities that range from benign behaviours that were envisioned by tax policies at one end, to outright tax fraud and tax evasion at the other (Hanlon & Heitzman 2010). While the term has a specific meaning within accounting research into tax, in wider practice it is used interchangeably with the term “tax avoidance”, and in Australia, it is often referred to as “aggressive tax planning”. Much of the tax research uses very broad definitions of tax aggressiveness that capture all tax-reducing activities. However, it is the activities at the more aggressive end of the spectrum that is of interest to most stakeholders, such as tax authorities, capital markets, employee organisations and interest groups. The need to encompass the definitions from other disciplines becomes obvious when a firm, or firms, have been identified and accused of being tax aggressive. -
The Outsourcing Handbook a Guide to Outsourcing
The Outsourcing Handbook A guide to outsourcing Version 2.0 To start a new section, hold down the apple+shift keys and click to release this object and type the section title in the box below. Contents Introduction 4 Provides a brief overview of what outsourcing is, and describes Deloitte’s approaches to Outsourcing Advisory Services (OAS). 1 Phase 1 – Assess 10 The first phase of the process where requirements are defined and which vendors to engage with are reviewed. 2 Phase 2 – Prepare 16 The second phase of the process where initial vendor selection is undertaken and an RFP produced. 3 Phase 3 – Evaluate 22 The third phase of the process where vendor proposals are evaluated and a short-list of vendors for commercial negotiation is selected. 4 Phase 4 – Commit 30 The fourth phase of the process where contracts are negotiated and a deal agreed. 5 Phase 5 – Transition and Transform 38 The fifth phase of the process where the work and resources are transitioned to the successful vendor. 6 Phase 6 – Optimise 44 The final phase of the process covering the steady-state management of the outsourcing arrangement. To start a new section, hold down the apple+shift keys and click to release this object and type the section title in the box below. Foreword Love it or loathe it, outsourcing is now a permanent feature of business life. As companies search for cheaper and more effective ways of working, handing over non-core functions to lower cost specialists can be an alluring prospect. But before you bring in third parties to run parts of your business, it is worth pausing to consider the risks. -
Following the Money: Lessons from the Panama Papers Part 1
ARTICLE 3.4 - TRAUTMAN (DO NOT DELETE) 5/14/2017 6:57 AM Following the Money: Lessons from the Panama Papers Part 1: Tip of the Iceberg Lawrence J. Trautman* ABSTRACT Widely known as the “Panama Papers,” the world’s largest whistleblower case to date consists of 11.5 million documents and involves a year-long effort by the International Consortium of Investigative Journalists to expose a global pattern of crime and corruption where millions of documents capture heads of state, criminals, and celebrities using secret hideaways in tax havens. Involving the scrutiny of over 400 journalists worldwide, these documents reveal the offshore holdings of at least hundreds of politicians and public officials in over 200 countries. Since these disclosures became public, national security implications already include abrupt regime change and probable future political instability. It appears likely that important revelations obtained from these data will continue to be forthcoming for years to come. Presented here is Part 1 of what may ultimately constitute numerous- installment coverage of this important inquiry into the illicit wealth derived from bribery, corruption, and tax evasion. This article proceeds as follows. First, disclosures regarding the treasure trove of documents * BA, The American University; MBA, The George Washington University; JD, Oklahoma City Univ. School of Law. Mr. Trautman is Assistant Professor of Business Law and Ethics at Western Carolina University, and a past president of the New York and Metropolitan Washington/Baltimore Chapters of the National Association of Corporate Directors. He may be contacted at [email protected]. The author wishes to extend thanks to those at the Winter Conference of the Anti-Corruption Law Interest Group (ASIL) in Miami, January 13–14, 2017 who provided constructive comments to the manuscript, in particular: Eva Anderson; Bruce Bean; Ashleigh Buckett; Anita Cava; Shirleen Chin; Stuart H. -
Effects of Tax Evasion in the United States
University at Albany, State University of New York Scholars Archive Accounting Honors College 5-2015 Effects of Tax Evasion in the United States Matthew Morse University at Albany, State University of New York Follow this and additional works at: https://scholarsarchive.library.albany.edu/honorscollege_accounting Part of the Accounting Commons Recommended Citation Morse, Matthew, "Effects of Tax Evasion in the United States" (2015). Accounting. 16. https://scholarsarchive.library.albany.edu/honorscollege_accounting/16 This Honors Thesis is brought to you for free and open access by the Honors College at Scholars Archive. It has been accepted for inclusion in Accounting by an authorized administrator of Scholars Archive. For more information, please contact [email protected]. Effects of Tax Evasion in the United States An honors thesis presented to the Department of Accounting University at Albany, State University of New York In partial fulfillment of the requirements for graduation with Honors in Accounting and graduation from the Honors College Matthew Morse Research Advisor: Raymond Van Ness, Ph. D. May 2015 Abstract This study identifies, highlights and approaches the economic impact imposed by tax evasion. Tax evasion is overlooked as a common matter, but the economic consequences of not alleviating evasion can be deadly. This paper utilizes a collection of research to define tax evasion. From the literature it will provide a history of income taxation in the United States as it relates to tax evasion. The effect of tax havens have on the amount of tax evasion is approached according to literature. Specific cases of evasion are mentioned to further evaluate the effect of tax evasion on the United States economy. -
Service Offshoring and Productivity
Service Offshoring and Productivity: Evidence from the US∗ Mary Amiti Federal Reserve Bank of New York and CEPR Shang-Jin Wei International Monetary Fund, CEPR and NBER Abstract The practice of sourcing service inputs from overseas suppliers has been growing in response to new technologies that have made it possible to trade in some business and computing services that were previously considered non-tradable. This paper estimates the effects of offshoring on productivity in US manufacturing industries between 1992 and 2000. It finds that service offshoring has a significant positive effect on productivity in the US, accounting for around 10 percent of labor productivity growth during this period. Offshoring material inputs also has a positive effect on productivity, but the magnitude is smaller accounting for approximately 5 percent of productivity growth. Keywords: offshoring, outsourcing, services, productivity JEL Classification: F1 F2 ∗International Research, Federal Reserve Bank of New York, 33 Liberty Street, New York, NY 10045, email [email protected]; [email protected]. We would like to thank John Romalis, Caroline Freund, Gordon Hanson, Simon Johnson, Jozef Konings, Aart Kraay, Anna Maria Mayda, Christopher Pissarides, Raghu Rajan, Tony Venables, and seminar participants at the IMF, Georgetown University, the US International Trade Commission and the EIIE conference in Lubljana, Slovenia 2005, for helpful comments. We thank Yuanyuan Chen, Jungjin Lee and Evelina Mengova for excellent research assistance. The views expressed in this Working Paper are those of the authors and do not necessarily represent those of Federal Reserve Bank of New York, the Federal Reserve System or the IMF. 1.