"An unlimited power to tax involves, necessarily, the power to destroy."
So advised Daniel Webster, one of America's leading statesmen in the pre-Civil War era, a member of the House of Representatives from New Hampshire and a U.S. Senator from Massachusetts for more than 30 years -- and a presidential aspirant who never made it to the White House.
But an ambitious young politician who served only three years in the U.S. Senate representing Illinois, (most of the time campaigning for president), did make it to the White House. Now Americans are paying a huge price in our lost freedom.
Obama & the Tax Dodger
On Monday, in the Grand Foyer of the White House, President Obama stood grandly alongside his grand, tax-dodging Treasury Secretary, Timothy F. Geithner and for good measure, the Internal Revenue Service Commissioner, Douglas Shulman.
There the president spelled out his grand tax proposals to finance his more than grand trillion dollar deficit budgets.
Obama's remarks echoed the overblown sentiments he voiced repeatedly during the 2008 presidential campaign when he pledged to crack down on what he conveniently defines as "illegal overseas tax evasion."
He did not repeat his Joe the Plumber theme, that wealth needs to be taken from those who have it in order to spread it around to those Obama (and his re-election chances) favor -- but that was implicit in today’s message.
You'll Feel the Pain
If one ever needed proof of his radical intentions, Obama made clear his leftist goals, including milking American taxpayers, especially those he calls "rich", for all he can wring from them. For just the rest of 2009, the government needs to borrow about $2 trillion. Long term Obama needs trillions more to finance his comprehensive program transplanting European-style socialism to America.
That includes government-run health uncare, federal control of education, handing over faltering auto companies to unions, selectively bailing out his Wall Street campaign contributors and buddies, nationalizing banks, confiscating private pension funds and stimulus for all.
Ignoring the need for true reform of the U.S. Internal Revenue Code, Obama claimed ominously that today was just his first step in a much broader effort to fix a "broken tax system."
Rahm Emanuel, the White House chief of staff, summed up Obama's goal: "Never let a serious crisis go to waste." Thus the president is using the recession as an excuse for big government ambitions that liberals have failed to achieve for decades.
Tax Havens: Obama's Phony Bogeymen
Mr. Obama said he is seeking to crack down on overseas tax havens in an attempt to "close the international tax gap," meaning he (and the IRS) want to end legitimate tax competition from low tax offshore jurisdictions. If you can't compete, destroy the competition.
At the White House Sec. Geithner noted that the G-20 group of high tax welfare countries had agreed to act against tax havens. "For years, we've talked about shutting down overseas tax havens," Obama said as he made a presumptuous and patently erroneous claim: "That's what our budget will finally do." (As if the president has some magical power, short of military action, to force independent nations to change their laws to satisfy his bloated budget needs).
Screw U.S. Corporations and Consumers
American businesses pay one of the highest corporate taxes in the world at 35% of profits, (closer to 40% when other fees and state taxes are included). But while corporations do pay taxes, every penny of those taxes is passed on to American consumers in higher prices for the goods and services corporations provide.
At a time when business needs money to preserve and provide American jobs, Obama proposes to abolish existing tax breaks and tax deferrals for corporate offshore activity and to tax at the 35% rate, all U.S. corporate foreign business as if conducted within the U.S. For a better understanding of why Obama’s plan is so damaging to the U.S. economy, I commend you to the views on this subject of my colleague, Mark Nestmann.
Biased and Prejudiced
Americans who have offshore bank accounts, investments and other financial activity are, for the moment, still legal under U.S. laws.
But Obama's tax plans announced today echo the traditional IRS and U.S. Justice Department attitude that assumes any offshore financial activity by a U.S. person probably is illegal, illicit or both. The president displays a virulent prejudice against "offshore" that he apparently he thinks is good politics.
In a way, Obama is heeding the philosophy of his fellow Chicagoan, Al Capone who said: "They can't collect legal taxes from illegal money." Obama's tax plans do everything short of making it a federal crime for hitherto innocent Americans to bank, invest or to do business offshore.
Read at your leisure the full text of Obama's press release describing the horrors he has in store for Americans who dare to go offshore financially, especially the section entitled "Getting Tough on Overseas Tax Havens."
Guilty Until You Prove Your Innocence
But one important point really should upset intelligent citizens -- Obama proposes to repeal the traditional, time honored legal presumption of innocence, specifically for those doing business offshore.
Instead, his proposes to make Americans who go offshore prove to the IRS, upon demand, that they are not engaged in tax evasion or any other crime. The White House said today: "These presumptions will make it easier for the IRS to demand information and pursue cases against international tax evaders. This shifting of legal presumptions is a key component of the anti-tax haven legislation long championed by Senator Carl Levin."
Indeed, many of Obama's proposals were taken right out of the Levin-Obama Anti-Tax Haven legislation they first introduced in 2005, although Levin’s legislative tax haven black lists mercifully have been dropped.
Coercion & Criminalization
Other provisions in the Obama anti-offshore plans:
* Using the current "Qualified Intermediary" system under which the IRS decides which offshore banks are acceptable to them, foreign banks will be forced to disclose any and all information the IRS demands, under the implied threat of being cut off from the U.S. banking system. In theory, QIs offshore banks would be required to report information on their U.S. customers to the same extent that domestic U.S. financial intermediaries must. All this it seems, without regard to the bank secrecy or other financial privacy laws that apply in the foreign country.
* U.S. investors who fail to report offshore investments now face penalties limited to 20% of the amount of the understatement. The statute of limitations for enforcement is typically three years. The penalty will be upped to 30% and the statute extended to six years. The plan will double certain other penalties when a taxpayer fails to disclose foreign financial accounts.
* The Treasury Department will be given authority to issue expanded regulations on offshore financial institutions under the QI program.
* The IRS will hire 800 new employees devoted specifically to international enforcement, including agents, economists, lawyers and specialists, supposedly increasing the IRS ability to crack down on offshore tax avoidance and evasion, including transfer pricing, financial products such as abusive trusts, and transactions such as purported securities loans.
What's Next Offshore
In coming days I'll have more to say about the impact of this blatant attack on Americans who dare to do business offshore. The ritual truism is that if you comply with the law, you will have no problems. But who knows what compliance with this morass of new rules will require, both in legal advice and fulfillment costs?
One thing is certain. This will accelerate a trend already well underway -- more offshore banks, unwilling to become IRS vassals, will reject new American clients and terminate some of those who are current clients. (If you need an offshore bank, we can help you.)
Unintended Consequences
Oddly enough, Obama's radical political crusade against tax havens could produce unintended effects he and the IRS wont like.
Fact is there remain very important and useful roles for offshore financial activity by Americans -- much stronger asset protection, better investment possibilities, real, though now more tempered, financial privacy, tax deferred life insurance and annuities, offshore residence and second citizenship -- all providing physical and geographic distance between Obama's tax police and your assets.
U.S. persons who have bank accounts or who are active in established offshore tax havens, such as Switzerland or Panama, or those planning future activity, probably will not suffer from Obama's and the OECD's political attacks, as long as they follow the law.
Tax Havens Will Survive
Thankfully, U.S. presidents serve four year terms. Some tax havens have been around for centuries
The history of the last ten years of anti-tax haven attacks has been marked by a welcome general offshore clean up and impressive tightening of offshore laws and rules.
The thrust of Obama's radical legislative proposals and the OECD's plans is curbing tax evasion. He and they have no real power to eliminate the tax advantages of independent offshore jurisdictions.
The general move toward greater scrutiny of tax havens undoubtedly will give pause to some, but it is unlikely to discourage those intelligent enough to understand and employ offshore's real advantages.
With our respected council of advisors, offshore professionals, books, special reports, newsletters and conferences, the Sovereign Society will keep you posted and tell you how to "go offshore" -- strictly within the ever changing law.
** Read about the many offshore opportunities in my best-selling book, Where To Stash Your Cash: Tax Havens of the World.
** The Sovereign Society is a recognized voice in the complex offshore world. Join the Sovereign Society and keep informed.