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Baucus Committee: We Prefer Different Approach To Tax Haven Problem

Yesterday, we revealed how a bill that might have sought to close off-shore tax loopholes -- and which might have helped catch Allen Stanford -- died in Max Baucus' Senate Finance committee in 2007.

Now, a Finance committee aide has provided an emailed statement to TPMmuckraker, making the case that the committee didn't take up the bill, sponsored by Carl Levin, because Baucus differed with some aspects of the bill's approach, and noting that Baucus is working on a separate bill to address the problem.

In a nutshell, according to the statement, Baucus favors an approach more targeted at giving the IRS the necessary tools to detect tax cheats than was the Levin bill, which took a broader tack.

The Chairman announced in 2008 that he is writing legislation to address the use of tax havens by individuals. In particular, Senator Baucus and his staff are working with Treasury and the IRS to give them the right tools to detect the tax abuse we are all concerned about. Senator Baucus's goal is to move the sharpest possible bill that will give the IRS tools -- including additional reporting requirements -- to determine when a taxpayer uses a tax haven and the identity of the user.

It will be important to move legislation that gives the IRS the best chance to find abusers in the first place, in order to apply certain rebuttable presumptions that would make income US-sourced income on which US taxes should be paid.

The bill you mention is quite broad, and while it creates a series of changes to the burden of proof, that only helps once the IRS has detected the use of a tax haven.

The Finance Committee actively fights offshore tax havens - in the JOBS bill with inversions policy, tax shelter penalties, and increased transparency with regard to tax shelter promoters; in last year's military bill, with provisions to stop US companies with Federal contracts from setting up entities in tax havens to run employees through in order to avoid employment taxes. FOGEI/FORI in the energy bill tightened up a bit the way oil and gas pay US tax on foreign-earned income. Other proposals have been made public as well, particularly with regard to Bermuda reinsurance. The Committee also sent the GAO to Ugland House in the Cayman Islands to investigate one of the most notorious suspected tax havens in the world. And the Committee will take this issue up again at a hearing in March.

In other words, according to the aide, this was an issue of legitimate policy differences -- not an effort by Baucus to kill legislation opposed by a contributor.

We'll be watching for those hearings in March.


5 Comments

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Uh-hunh, riiiiight. My senior senator seriously needs to spend more time with his family, even if he is a "Democrat" (or especially because he is a Democrat). Unfortunately, he is untouchable as the second most popular politician in Montana with approval ratings over 60%. He will never see a serious primary challenger and we REALLY don't want a Montana Republican in there (they belong to the batshit crazy know-nothing troglodyte branch of the party)

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If Baucus had been at all interested in getting legislation passed, he would have met with Levin and jointly worked out a bill which would address both their concerns.

Since Baucus is apparently against any proposed legislation which would close those offshore tax loopholes, his response is to push any legislation away into the future where he hopes it will die from a lack of attention.

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I still prefer that we use the 82nd Airborne to solve this problem with these Caribbean tax havens. Hell, we invaded Grenada for less good reason. Send in a battalion of the airborne and scoop up the records and prosecute these criminals. These folks who depend on our (and I mean our and not their military because they're not paying for it) for their protection don't get to dictate how it gets used. This really would be a police action.

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Does anyone recall an Executive Order issued at the end of Clinton's presidency that closed off shore loopholes and gave a short period of time for those complicit in them to comply? It was one of the first or the first order overturned after O'Neil was confirmed as Secretary of the Treasury.
I don't think I'm making it up but it keeps popping up in my head every time I read of "tax havens" and "offshore numbered secret accounts."

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...an issue of legitimate policy differences -- not an effort by Baucus to kill legislation opposed by a contributor.

Yeaaahh, Right. So it wasn't an effort to kill the bill as it might appear, which is why the bill was ultimately passed and signed into law.

Oh. Wait!

Do Baucus and "Jello" Jay Rockefeller drink coffee together often to figure out how to frustrate needed governance but not get caught doing it?

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