US Companies Redomicile To The Cayman Islands

September 15, 2011, 12:00 / Advisory / Jurisdiction: United States, Source: Forbes.com

An article on American medium and large companies tending to move their headquarters to tax-free areas has been published on Forbes homepage.

”Another American company has decided to expatriate for tax reasons. This process has been going on for decades, with companies giving up their U.S. charters (a form of business citizenship) and redomiciling in low-tax jurisdictions such as Bermuda, Switzerland, Panama, Hong Kong, and the Cayman Islands.

The companies that choose to expatriate usually fit a certain profile (this applies to individuals as well). They earn a substantial share of their income in other countries and they are put at a competitive disadvantage because of America’s “worldwide” tax system.

More specifically, worldwide taxation requires firms to not only pay tax to foreign governments on their foreign-source income, but they are also supposed to pay additional tax on this income to the IRS – even though the money was not earned in America and even though their foreign-based competitors are often not subject to this type of double taxation.

In the most recent example, GPC, an energy company with substantial operations in Asia moved its charter to the Cayman Islands. Because it is a small firm, the move by GPC probably won’t attract much attention from the politicians. But “corporate expatriation” has generated considerable controversy in recent years when involving big companies such as Ingersoll-Rand, Transocean, and Stanley Works (now Stanley Black & Decker).

Statists argue that it is unpatriotic for companies to redomicile, and they changed the law last decade to make it more difficult for companies to escape the clutches of the IRS. In addition to blaming “Benedict Arnold” corporations, leftists also attack low-tax jurisdictions for “poaching” companies.

Libertarians and conservatives, by contrast, explain that expatriation is the result of an onerous tax system that imposes high tax rates and requires the double taxation of foreign-source income. Expatriation is a logical approach if companies want a level playing field when competing in global markets.”

This article has been prepared by specialists of ABLV Corporate Services based on mass media publications. Specialists of ABLV Corporate Services provide legal and tax advise, including advise on international tax planning, establishment of holdings, trade, investment, and protection structures, purchase of real estate and other assets, as well as advise on change of residence and acquirement of residence permits. More detailed information on services provided by ABLV Corporate Services can be found at http://www.ablv.com/ru/services/advisory

This information on products and services is provided for information only and may not be treated as a commercial offer. Assessing any services described herein, a conclusion by independent lawyer, tax specialist and/or auditor should be obtained.

ABLV Corporate Services does not guarantee completeness and accuracy of the provided information. The information and conclusions may be changed any time without notice. This information may not be reproduced, copied or passed to a third party without prior consent of ABLV Corporate Services. Products and services may be provided by partners of ABLV Corporate Services, that is not related to ABLV Corporate Services.