To: E. T. who wrote (477805 ) 10/18/2003 11:15:41 AM From: E. T. Respond to of 769670 Republican tax law at work.... Company Is Foreign at Tax Time, but Seeks Americans-Only Work By DAVID CAY JOHNSTON Published: October 18, 2003 big oil-well drilling company that has used one law to escape American taxes by taking addresses in Bermuda and Barbados is now trying to use another law to qualify for business open only to American companies. Competitors are crying foul, saying they cannot survive if the Bermuda-Barbados company, Nabors Industries, is allowed to vie for contracts while paying little or nothing in taxes. The competitors, most of them family-owned businesses, say that unless Congress acts to level the playing field they will lose so much business to Nabors that they will go broke within a decade or be forced themselves to try to become Bermuda companies so they can also escape taxes. The issue is part of a much larger debate about how a hodgepodge of tax laws enacted starting in 1986 (surely not Reagan's doing! Maybe it's part of that trickle-down thing?) give big advantages to multinational concerns over domestic companies. The debate comes as official reports show that corporate tax revenues are plummeting because of a weaker economy and tax shelters, with the Congressional Budget Office estimating it will raise $136 billion this year, down from $207 billion just three years ago. Nabors Industries is the nation's largest operator of oil-well drilling rigs and has its working headquarters in Houston. But since late 2001 the company has used a Bermuda maildrop as its tax headquarters and a Barbados office as its legal headquarters. There is no corporate income tax in Bermuda and under a treaty with Barbados, profits are taxed at 1 percent. The United States corporate tax rate is 35 percent. The savings to Nabors was $10 million last year. Now Nabors wants to qualify fully for business under the Jones Act, which since 1916 has required that ships engaged in purely domestic trade be built in American shipyards, owned by American companies and operated by American crews. Nabors owns 33 ships serving oil drilling platforms, a tenth of the fleet of about 350 ships that ferry supplies like drill pipe in the Gulf of Mexico. Nabors argues that its American subsidiary qualifies it for business under the Jones Act, and that under a 1996 law that allows foreign financing of such ships, its Bermuda parent is simply providing the money for these ships. Competitors call the arrangement improper, and have some support in Congress. Minor Cheramie Jr. of Golden Meadow, La., whose family operates 18 Jones Act ships, called it "grossly unfair that we pay taxes for certain services and this big corporation goes foreign and they get the benefit of the same services without paying for them." He said that because Nabors pays little in taxes it can underbid competitors, growing until it dominates the industry. If Congress lets Nabors keep its ships and operate more, Mr. Cheramie said, "I won't have a choice but to become a Bermuda company." Each side is seeking a rider to one of the appropriations bills expected to be voted on in the next few weeks that would put its stance into law. No bill has been introduced and Congress has not held any hearings, which is common with special-interest legislation affecting taxes. Calls to Nabors offices in Houston and Barbados were not returned. A Nabors lobbyist, Kenneth J. Kies, expressed confidence that Congress would back the company, but would not say who was taking its case forward. Some senators and congressmen who rivals said were Nabors's supporters said they were not involved. Nabors's opponents are more vocal. Representative David Vitter, Republican of Louisiana, said Congress never intended to create a loophole for foreign companies like Nabors to finance an American subsidiary. "This was for a bona fide bank" to provide financing, he said, calling the Nabors arrangement "an abuse." Representative Gene Taylor, Democrat of Mississippi, said he was "angry that a company that became foreign so it would not have to pay taxes still gets all the benefits the taxpayers provide, with the Coast Guard to rescue their ships if they get in trouble and the Navy Seals if they are attacked by terrorists. "They have an advantage against companies that pay taxes." Last year Nabors paid 7 cents in taxes out of each dollar of profit.nytimes.com