10 Giant Loopholes That Businesses Use To Dodge Taxes


U.S. corporations — like many Americans — exploit every available rule in the tax code to minimize the taxes they pay. The United States has one of the highest corporate tax rates in the world, at 35 per cent (not including any state levies), yet the actual amount in corporate taxes that the government collects (“the effective tax rate”) is lower than those of Germany, Canada, Japan and China, among others.

The reason is confusingly called “tax expenditures,” a doublespeak term designed to legitimise special interest tax breaks and loopholes.

Those ‘expenditures’ will cost the U.S. government $628.6 billion over the next five years, according to a 2010 report from the Tax Foundation. With advice from the Urban Institute’s Eric Toder, one of the country’s foremost authorities on corporate tax policy, we assembled the 10 most costly corporate tax loopholes and who benefits from them.

Inventory Property Sales

Graduated Corporate Income

5-yr Cost to Government: $16.4 billion

Who benefits: Individuals that own small corporations.

This policy places the first $50,000 of a corporation's profit at a 15 per cent tax rate, with higher profit levels garnering higher tax rates, until it tops out at 35 per cent for taxable corporate income exceeding $335,000. The result is that an owner of a small corporation pays only 15 per cent in taxes on the first $50,000 of profit, leaving more left over potentially for reinvestment and growth.

Exclusion of Interest on State and Local Bonds

5-yr Cost to Government: $59.8 billion

Who benefits: High-income investors and corporations.

Companies (and individuals) do not pay federal income tax on interest from their investments in state and municipal bonds. What's more, private companies can in some cases issue tax-free bonds of their own for projects that benefit the public, such as construction of an airport, stadium or hospital.

Research and Experimentation Tax Credit

Deferred Taxes for Financial Firms on Certain Income Earned Overseas

5-yr Cost to Government: $29.9 billion

Who benefits: Any financial firm with foreign operations.

Because most financial firms conduct their foreign operations as branches rather than as subsidiaries, as most companies in other industries do, they do not benefit from the tax breaks afforded to foreign subsidiaries. To compensate, this loophole enables financial firms to treat income from their foreign branches as if they were subsidiaries, along with all of the attendant tax benefits.

Alcohol Fuel Credit

5-yr Cost to Government: $32 billion

Who benefits: Food and agricultural conglomerates in the Midwest.

This is a tax credit for the production of alcohol-based fuel, most commonly ethanol, which is made from corn. The credit ranges from $0.39 to $0.60 per gallon. In theory, the credit is meant to encourage alternative forms of energy to imported oil. It is largely responsible for propping up the price of corn, and is extremely popular in corn-producing states like Iowa and Illinois.

Credit for Low-Income Housing Investments

5-yr Cost to Government: $34.5 billion

Who benefits: Real estate developers.

As you might expect, this one gives tax breaks to companies that develop low-income housing. It's the rule that's responsible for so many larger new developments setting aside 20 per cent or 40 per cent of their units for people whose income is well below the area's median gross income.

Accelerated Depreciation of Machinery and Equipment

5-yr Cost to Government: $51.7 billion

Who benefits: Airlines and manufacturers using large equipment that lasts many years.

This one allows companies to deduct for all of the depreciation of a piece of equipment at once (as opposed to over the, say, 20 years it actually takes the item to depreciate). This is the equivalent of the U.S. government giving the company an up-front, interest free loan. Congress recently made this expenditure temporarily even larger for 2011, to encourage investment in equipment.

Deduction for Domestic Manufacturing

5-yr Cost to Government: $58 billion

Who benefits: Any U.S. company that produces a product within U.S. borders.

This loophole enables a tax deduction for manufacturing activities conducted by American companies within the United States. It covers conventional manufacturers, but also extends to industries like software development and film production. The intent is to keep manufacturing from being outsourced.

Deferral of Income from Controlled Foreign Corporations

5-yr Cost to Government: $172.1 billion

Who benefits: Every multinational company.

Multinational companies can defer paying U.S. income taxes until they transfer overseas profits back to the United States, under this law. In practice, many companies leave much of their profits overseas indefinitely, thus paying only the tax in the relevant foreign country, which is likely far lower than the U.S. rate, and avoiding U.S. taxes permanently. The list of corporations enlisting this loophole is seemingly endless.

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