Globalization and Taxes
Globalization
Competition for Taxes
One of the most difficult issues regarding the state regulation of their tax relations in regard to international business is the presence of various "tax havens" that are present across the globe in today's modern economy. According to some estimates, as much as half of the world's stock of money either resides in tax havens or passes through them (Palan, 2002). The term tax haven has been widely used since the 1950s; yet there is no consensus as to what it means (Palan, Murphy, & Chavagneux, 2010). The influential U.S. Treasury's Gordon Report concluded: there is no single, clear, objective test which permits the identification of a country as a tax haven . Corporations and private businesses now have a plethora of ways to reduce their tax liabilities. Globalization has exacerbated this problem even further. The mere presence of these various tax shelters often gives private institutions significant leverage over any state's power to administer taxes in an international business. This substantially impacts a society's ability to fund public initiatives, for every billion dollars that is in a tax haven, there are scores of teachers and nurses that can't be employed, roads that can't be repaired, schools that can't be built, and hospitals without live saving equipment (Wilson, 2015).
Background
Corporations and wealthy private organizations or individuals have unprecedented opportunities to move their money to certain destinations for the sheer purpose of gaining a better tax position. This situation also gives larger organizations the ability to negotiate with domestic agencies and creates a sense of competition for tax payments. For example, if a company's management team views their international tax requirements as too strict or excessive, they can simply incorporate in a tax haven and avoid much of the domestic body's ability to administer taxes. In a globalized context, companies now have the ability to choose from a large range of different locations in which to hold their money.
Figure 1 - Top Offshore Companies (Kutsh, 2015)
The extent of the problem occurs on a scale larger than most people realize. One study links public disclosures of tax reserves with mandatory private disclosures of tax shelter participation as made to the Internal Revenue Service's Office of Tax Shelter Analysis and finds strong, robust evidence that the tax reserve is positively associated with tax shelters, while other commonly used measures of tax avoidance are not (Lisowsky, Robinson, & Schmidt, 2013). Based on out-of-sample tests, the study also show that the reserve is a suitable summary measure for predicting tax shelters. The tax benefits of tax shelters are economically significant, accounting for up to 48% of the aggregate FIN 48 tax reserves in the study's sample (Lisowsky, Robinson, & Schmidt, 2013).
However, since some corporations generate revenue, mostly through job creation, for the areas in which they operate, there is significant pressure on the local political systems to lower their rates to promote corporate relocation to their home areas. For example in the United States, Delaware has one of the most attractive tax systems that facilitates the ability for corporate tax avoidance when compared to other U.S. states tax systems (Dyreng, Lindsey, & Thornock, 2011). Therefore, within the U.S. domestic area, many states are competing for corporate organizations through their tax policies and many offer special incentives to the corporate rate. There is some risk involved because the incentives for relocating many not be permanent, however there is typically a contractual arrangement that can withstand many of the political changes in the state.
However, the problem is more far more complicated than determining which U.S. state to incorporate in for many international companies. In today's globalized business environment, supply chains may involve countries from all over the world. This gives organizations an increased ability to hold their money in any one of a number of different countries in which they are doing business. Even if the organization is owned by U.S. investors, the company may have a bulk of its assets overseas. This gives them ample opportunities to circumvent domestic tax policies. By escaping the direct control of the state, many organizations can virtually circumvent many of the state's sources of power. Yet at the same time, an offshore entity is intimately connected to the state system (Palan, 1998).
It is argued that oppressive taxation has made such a strategic move by organizations more attractive. Thus their own sovereignty and self-determination may have been internally undermined and the results self-inflicted (Palan, 2002). However, not regulating the legality of the offshore...
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