Who Slows the Pace of Tax Reforms?
Executive Summary
Lisa Gilbert, ConnPIRG's Federal Democracy Advocate Nicole Tichon, ConnPIRG's Federal Tax and Budget Reform Advocate
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Tax Havens
What they are: The Government Accountability Office (GAO) describes
tax havens as places with no or nominal taxes and little if any
reporting requirements.
Why tax havens matter: Using tax havens to keep profits offshore
results in massive losses in revenue for the U.S. Treasury – which
ultimately must be made up by taxpayers. The U.S. loses an estimated
$100 billion per year due to tax haven abuse.
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Political Action Committees
What they are: A "Political Action Committee" is an organization
that receives contributions or makes expenditures in excess of $1,000
for the purpose of influencing a federal election. Corporations
use PACs to contribute to federal candidates or parties. PACs receive
and raise money from a "restricted class," generally consisting of
managers, shareholders, and their families. The PAC may then make
donations to political campaigns.
Why PAC contributions matter: While corporations are not allowed to
contribute funds to candidates for federal office, PACs and individuals
are. Therefore, they serve as a way for corporations to influence the
political system. And, although contributions from corporate treasuries
to candidates are illegal, corporate treasury funds may sponsor a PAC
and provide financial support for its administration and fundraising.
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Lobbyist Expenditures
What they are: This is the common term for any amounts paid or
incurred in connection with influencing federal or state legislation,
or any communication with certain federal executive branch officials in
an attempt to influence the official actions or positions of such
officials.
Why lobbying expenditures matter: The expenses incurred are often
used to quantify the amount of influence any given corporation is
attempting to have over the legislative process.
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Introduction
As Congress considers international tax reforms that could help pay
for health insurance reform, the Administration and Congress have heard
from many stakeholders.
One of the more vocal groups has been the coalition called Promote America’s Competitive Edge,
or PACE. To better understand where opposition to reforms is coming
from, our federal coalition, U.S. PIRG conducted a simple investigation into some of the major
corporations who have signed onto one or more of the PACE coalition's many letters to Congress (PDF), and looked at how they benefit from maintaining the status quo.
The
group of twelve prominent corporations profiled rank among the top 100
largest publicly traded federal contractors that also maintain a
significant presence in tax haven countries or so-called financial
privacy jurisdictions. [1]
These corporations are huge beneficiaries of the current system in
terms of contracting rules and their ability of avoid taxes that other
companies must pay. In 2008, these twelve corporations alone received
over $10 billion in government contracts. [2] And this small group collectively has 443 subsidiaries in tax haven countries, where they pay minimal, if any, taxes.
The
twelve companies generate profits on taxpayer dollars through lucrative
government contracts without contributing their fair share of taxes, leaving that burden to other businesses and regular taxpayers.
It has been estimated that the U.S. taxpayers must make up for over
$100 billion per year in lost revenue due to the abuse of offshore tax
havens.[3]
Additionally,
this "dirty dozen" together spent nearly $6 million in Political Action
Committee (PAC) expenditures for 2008, over $37 million lobbying in
2008, and over $33 million so far in 2009. [4]
Putting the Brakes on Tax Reform
Corporations have a vested interest in helping elect politicians who
may give them a sympathetic ear. They give money through various
means, but most liberally through their Political Action Committees
(PACS) to candidates, to parties, and to other PACs. In an attempt to
further promote the lucrative status quo, corporations invest
significant amounts to lobby elected officials – many of whom their PAC
dollars helped elect – on numerous issues, including fighting tax haven
reform. "We're going to spend whatever it takes," said Brigitte Schmidt
Gwyn, of the Business Roundtable, to Politico earlier this year when asked about defeating tax reforms. [5] The Business Roundtable is a member of the PACE coalition.
It’s
a self-feeding cycle. By keeping profits in tax haven subsidiaries,
these corporations have more cash available to use for other purposes
including help elect politicians likely to represent their interests,
as well as to lobby those in office to generate more contracts and tax
incentives that keep the cycle going.
The data in Table 1.0 lays
out the financial interests of the twelve corporations—their contracts
and tax haven subsidiaries as well as their lobbying and PAC
activities.
Solutions – Giving Politicians the Option to get Big Money out of Their Campaigns
Federally, we need a voluntary system of small donor-focused fair
elections. The types of reform that are required can be found in the
Fair Elections Now Act (S. 152, H.R. 1826):
• Small donors get incentives through public matching funds to participate and support candidates,
• Grants are provided to enable competitive campaigns to
candidates who have demonstrated strong support from their
constituents, and
• Both these matching funds and grants would enable candidates for
Congress to run for office without relying on large contributions and
big money bundlers, and would free them from constant fundraising in
order to focus on what people in their communities want.
Solutions – Reforming Our Tax System
Several common-sense reforms would address the loss of billions of dollars each year due to tax haven abuse.
The necessary reforms can be found in the Stop Tax Haven Abuse Act (S. 506, H.R. 1265). These include:
• Making it law that transactions must have some real economic purpose other than the reduction of tax liability,
• Taxing companies controlled and operated in the United States as
domestic companies, eliminating the appeal of moving “headquarters” to
a post office box in a tax haven country,
• Requiring additional reporting and disclosure from financial institutions, and
• Subjecting hedge funds to existing anti-money laundering requirements.
Conclusion
Right
now, the tax reform conversations have surfaced due to the healthcare
debate. But regardless of what the revenues generated by the reforms
could do for taxpayers or when Congress takes this on, it is just the
right thing and the fair thing to do.
In fact, reforms to give
taxpayers a greater voice in electing officials, to give lawmakers
greater incentives to put taxpayers first and to level the playing
field for Main Street businesses and Main Street families are long
overdue.
By working hard to maintain a status quo, powerful
special interests are able to use their influence to slow down progress
of common sense reforms. Congress and the Administration need to be
sure to hear all sides of the story when it comes to reform –
especially the side that comes from ordinary taxpayers.
Table 1.0 – By the Numbers: Contracts, Tax Havens, Lobbying and Contributions
Using the Table:
• Data is as of 10/26/2009. Because it is subject to change, links are
available for the very latest data regardless of when this report is
read.
• Clicking on the Total Dollars in Government Contracts links will take readers USASpending.gov,
where they can find additional information on the contracts awarded,
including agencies served, Congressional districts served, services
provided, contract vehicle, and extent of competition. The page also
provides access to data from other years and can even drill down to
individual contracts.
• Clicking on Lobbyist Expenditures links will take readers to OpenSecrets.org where information can be found with respect to trends over time, issues on which the corporation lobbied and agencies lobbied.
• Clicking on the PAC Donations links will take readers to OpenSecrets.org
where they can obtain additional information on the expenditures that
were made from those corporate political action committee accounts in
the 2008 election year.
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Name
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Number of Subsidiaries in Tax Haven Countries
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Total Dollars in Government Contracts for 2008
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Lobbyist Expenditures for 2008
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Political Action Committee
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PAC Donations for 2008
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Cardinal Health
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23
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$1,409,524,752
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$1,042,000
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Cardinal Health PAC
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$349,101
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Dell
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29
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$1,210,958,955
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$2,730,000
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Dell Inc PAC
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$195,363
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Eaton
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37
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$190,395,972
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$680,000
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Eaton Corp PAC
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$58,267
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Exxon Mobil Corporation
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32
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$782,972,933
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$29,000,000*
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Exxon Mobil Corp PAC
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$811,160
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General Mills
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33
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$201,353,223
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$769,300
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General Mills PAC, General Mills Restaurants PAC
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Gen Mills: $233,502
Restaurant PAC: $159,725
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Hewlett-Packard
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14
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$2,936,739,545
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$5,496,000
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Hewlett-Packard PAC
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$401,673
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IBM
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10
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$1,647,029,089
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IBM Corp: $6,420,000, IBM Business Consulting: $160,000
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No PAC
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NA
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Johnson & Johnson
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38
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$187,211,711
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$6,600,000
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Johnson& Johnson PAC
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$1,175,191
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Kraft Foods
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36
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$370,697,143
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$3,680,000
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Kraft Foods PAC
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$349,994
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Merck
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44
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$1,135,291,961
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Merck and Co: $4,640,000, Merck KGaA: $1,980,000
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Merck PAC
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$1,311,405
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Oracle
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77
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$203,899,037
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$4,990,000
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Oracle Corp PAC
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$346,102
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PepsiCo
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70
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$218,599,638
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$1,176,000
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PepsiCo Inc PAC
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$547,749
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*This figure includes Exxon Mobil chemical and production
1 http://www.gao.gov/products/GAO-09-157
2 http://www.usaspending.gov/fpds/index.php?reptype=a; All data from USASpending.gov
3 Committee on Homeland Security and Governmental Affairs, Permanent Subcommittee on Investigations. TAX HAVEN BANKS AND U. S. TAX COMPLIANCE STAFF REPORT
4 http://www.opensecrets.org/lobby/clientsum.php?lname=Cardinal+Health&year=2009. All data totaled from Opensecrets.gov lobbying expenditures to date for 2009.
5 http://www.reuters.com/article/ousivMolt/idUSTRE54B3QY20090512
6 http://www.gao.gov/products/GAO-09-157
7 http://www.usaspending.gov/fpds/index.php?reptype=a; All data from USASpending.gov
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