Category Archives: Economics

Miscellaneous economy stuff

Another Look at Tax Inversion Mergers

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Burger King Worldwide Inc is in talks to buy Canadian coffee-and-doughnut chain Tim Hortons Inc, a deal that would be structured as a so-called tax inversion and move the hamburger seller’s base to Canada.

After all, Canada’s corporate tax rate is competitive even with Ireland’s 12.5% rate, at least from the lofty perspective of our own 35% top corporate rate: Canada’s rate is 15%. This inversion isn’t just the fiscally sound thing to do, it satisfies the company management’s fiduciary duty to control costs and maximize profits for the company’s owners.

BK isn’t alone in moving to Canada:

Valeant Pharmaceuticals International Inc, which had been based in California, combined with Canada’s Biovail Corp in 2010 and redomiciled in Canada. The company now has a tax rate less than 5%.

And there are others.

Naturally, the Progressives in Congress and the White House—and no few captured Republicans—are demanding a stop to the inversions. Not in any sensible way, though. Treasury, for instance, is looking at a range of “options to deter or prevent” inversions.

No, BK’s pursuit of an inversion deal only illustrates the distorting, anti-competitive nature of our current tax code, and Treasury’s “options” will only make the thing worse. The right answer is to lower US corporate tax rates to competitive levels. When it becomes more attractive to be in the United States, to invest in the United States, to have a chance actually to turn a profit in the United States, not only will the BKs, the Valeants, and the AbbVies and Covidiens, et al., stay, foreign companies will look to come to the United States, bringing their ideas, their money, and their jobs here.

Even Canada, right next door (the convenience…), is becoming host to these things. But (even) Canada has been improving its tax structure for some years, lowering its corporate tax rate since 2005 from over 22% (still lower than the US’ then) to just 15%. Indeed, here’s a hint:

Tim Hortons [originally a Canadian company until its acquisition by Wendy’s] initially kept its headquarters in Delaware after it was spun off by Wendy’s in 2006. The chain moved back to Canada in 2009, shortly after the Conservative government in Canada lowered the nation’s corporate tax rate.

Obamacare and Jobs

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The results are starting to come in, via three independently done polls by three separate Federal Reserve Banks.

The Federal Reserve Bank of Philadelphia:

  • 78.8% of businesses in the district have made no change to the number of workers they employ as the specific result of ObamaCare
  • 3% are hiring more
  • 18.2% are cutting jobs and employees
  • 18% shifted the composition of their workforce to a higher proportion of part-time labor
  • 88.2% of the roughly half of businesses that modified their health plans as a result of ObamaCare passed along the costs through increasing the employee contribution to premiums, an effective cut in wages

The Federal Reserve Bank of New York asked about the “number of workers you employ.”

  • 21% of Empire State manufacturers and 16.9% of service firms answered “reducing.”

The Federal Reserve Bank of Atlanta:

  • 34% of businesses planned to hire more part-time workers than in the past, mostly because of a rise in the relative costs of their full-time colleagues

And the pièce de résistance:

  • ObamaCare’s labor effects would be concentrated in some industries with relatively low-wage or marginal workers.

Hmm….

Drug Markets and Regulation

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With this attitude, we’re not going to have much of a drug development or production industry—to the detriment of our drug market.

“A big part of our concern is not just Sovaldi [a new, and so still very expensive, drug with a near-perfect cure rate for Hepatitis C], but all the other specialty drugs,” said Mario Molina, the CEO of Molina Healthcare that runs Medicaid and ObamaCare plans in nine states, on a July earnings call. He added: “I think that the government needs to step in here and make sure that the market is rational. If we as a health plan want a rate increase, we have to go to our regulators and get it approved. There’s no such thing going on in the pharmaceutical market.

Molina’s last is a valid beef. Health plan providers shouldn’t have to go to government regulators to get permission to set a price, either. Government simply should not have that regulatory power. But a man used to government regulation, indeed who’s dependent on his company’s status as a protected oligopolist, no longer even can conceive of having to compete on price and service.

He concluded his plaint:

Right now, pharmaceutical companies can charge whatever they want, and I think there needs to be a rational basis for all of this.

Of course, there is exactly that rational basis: it’s the supply and demand price setting of a free market.  Again, though, a concept lost on a man of a protected oligopoly.

Democrats and Tax…Inversions

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Walgreen Co looked hard at doing one of these—buying an overseas company and then reincorporating in that overseas jurisdiction to lower its US tax bill, a bill flowing from a world-leading 35% tax rate. Indeed, Barclay’s had estimated that Walgreen would save $797 million a year in taxes if it carried through. They were brow-beaten out of the move, though, by the Federal government.

Now, Senator Chuck Schumer (D, NY) and his Senate cronies are looking at getting in the way of inversions generally.

The proposal…would restrict the practice of earnings stripping, where US companies borrow money from overseas parents and deduct the interest expense on US taxes.

Other proposals look at blocking outright such inversions.

This is an area where the supposedly low-tax Republican Party isn’t helping. House Republicans don’t want a (short-term) measure to interfere with inversions, but for the wrong reason: it would make U.S. companies vulnerable to a foreign takeover.

This is the Republicans’ own error. They shouldn’t be cracking down on inversions at all; they should be looking to make them economically useless by lowering corporate tax rates, instead. If we had competitive or better business tax rates (Ireland’s, for instance, is 12.5%), foreign companies would be looking to come here with their jobs, their business, their innovation, instead of our companies looking to go there.

Of course Senate Democrats (and their House colleagues) aren’t moving to lower business tax rates as a means of reducing the rate of inversion, either, as tax reductions are inconceivable to Democrats.

A Capital Strike

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Here is an argument for not doing business with the Federal government at all. It’s rapidly becoming not worth the cost—in hassle, in dollars, in business’ ability to control over their own operations. This is another of President Barack Obama’s barrage of Executive Orders, and this is how The Wall Street Journal described it over the weekend:

Under the order signed last week, contractors and subcontractors who receive more than $500,000 in federal money will be obliged to report to government agencies any labor-law violations going back three years. The order covers violations of everything from family and medical leave to federal wage and hour laws in the three years before applying for a contract.

And

When unions are in a collective bargaining fight with a company, they typically file complaints with the likes of OSHA, the National Labor Relations Board and the Equal Employment Opportunity Commission. Under the new executive order, the government will have the ability to revoke the contracts of those with violations. That’s punishment above and beyond any remedies meted out by the NLRB.

That would be another finger on the scales to force settlements on terms favorable to the President’s political allies. If you’re a government contractor, any time a union files an unfair labor practices charge, the pressure to settle becomes overwhelming. Choose to fight and you face not only the civil penalties of violating a law but the risk of having your federal contracts revoked or suspended.

And

[T]he executive order includes a transparency provision that requires contractors to provide their employees with information about pay, overtime pay, and deductions as a condition of receiving a federal contract. The plaintiffs bar has complained that inadequate record-keeping is a stumbling block to their litigation. Now, via the Obama pen, they’ll have more data to feed lawsuits over the Fair Labor Standards Act.

Who needs this nonsense, this continued attack on private enterprise? Maybe it’s time for private enterprise to go back to being private and stop being dependent on government contracts. Maybe it’s time for private enterprise to stop doing business with the Federal government.

After all, this EO applies only to government contractors and subcontractors. So far.