To: Kenneth E. Phillipps who wrote (4973 ) 1/17/2009 6:24:28 AM From: DuckTapeSunroof Respond to of 103300 83 Percent of Companies Had Tax-Haven Units, GAO Says (Update1) By Ryan J. Donmoyerbloomberg.com Jan. 16 (Bloomberg) -- Eighty-three of the 100 largest publicly traded U.S. companies, including Citigroup Inc., PepsiCo Inc. and General Motors Corp., had units in multiple tax havens in 2007, a government study said. Among those companies were some recipients of federal bailout money. The Government Accountability Office said in a report dated Dec. 18 and released today by two senators that four companies, Morgan Stanley, Citigroup, Bank of America Corp., and News Corp., had more than 100 subsidiaries in low-tax or no-tax countries. The first three companies received or will receive shares of a $700 billion financial rescue package approved by Congress. “We should take action to shut down these tax dodgers and we will be introducing legislation to do just that,” said North Dakota Senator Byron Dorgan, a Democrat who released the report with Michigan Senator Carl Levin, also a Democrat. Companies have many reasons for establishing units in low- tax countries such as the Isle of Man, British Virgin Islands, or Liechtenstein, many of which also have strict financial-privacy protections, the GAO said. “The existence of a subsidiary in a jurisdiction listed as a tax haven or financial privacy jurisdiction does not signify that a corporation or contractor established that subsidiary for the purpose of reducing its tax burden,” the report said. “We did not attempt to determine if corporations or contractors engaged in transactions with their subsidiaries in order to reduce their tax burden.” 427 Subsidiaries Citigroup had 427 subsidiaries in tax-haven countries and Morgan Stanley had 273, the GAO said. News Corp. and Bank of America had 152 and 115, respectively. In some cases, such as in the soda industry, competitors varied on their presence in tax havens. Pepsi had 70 subsidiaries in tax havens, compared with eight for Coca Cola Inc., the GAO said. Of the 83 companies, 74 held federal contracts, including General Motors with 11 subsidiaries in countries such as Barbados, Bermuda, Ireland, Switzerland, Singapore and the Cayman Islands. The companies identified by the GAO generally declined to comment. PepsiCo said it wasn’t trying to evade taxes with its international presence. “Our subsidiaries are to support the sale of our products,” PepsiCo spokeswoman Jenny Schiavone said. “We operate or sell our products in the majority of the countries considered in the GAO analysis.” Some of the companies identified by the GAO, including Oracle Corp., which has 77 subsidiaries in foreign tax havens, are urging Congress to renew a former tax holiday that would let them pay an effective rate of 5.25 percent on foreign profits they import to the U.S., instead of rates as high as 35 percent that otherwise would be due. -- With reporting by Duane Stanford in Atlanta. Editors: Robin Meszoly, Laurie Asseo. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net Last Updated: January 16, 2009 18:39 EST