Exotic schemes to game the system are constantly in the news.
Take, for example, the corporate inversion strategy, in which a U.S. company arranges to be taken over by a foreign company in order to eliminate its liability on overseas profits. These takeovers generate large fees for the accountants and lawyers who engineer the process without improving the broader economy.
“Dead peasant” insurance policies, made famous by the documentarian Michael Moore, are another example. In that scheme, huge companies like Walmart take out insurance policies on their frontline workers, such as checkout clerks, to smooth out their profit flows and reduce their tax liability. If a worker dies, the company gets the payout, not the individual’s family. Someone got very rich dreaming up dead peasant policies but, again, this financial innovation doesn’t contribute to economic growth.
Perhaps the greatest scheme of all is the private-equity industry, which loads firms with debt. Because the interest on that debt is tax-deductible, private-equity firms can make large profits even if they’ve done nothing to improve a company’s performance. Incidentally, many of the richest people in the U.S. made their fortune in private equity, including folks like Mitt Romney, Pete Peterson and many other prominent billionaires or near-billionaires.
If tax reformers are serious, and I hope they are, here’s one simple way to largely eliminate the gaming opportunities that have made these people rich.
Instead of traditional taxes, the government could require corporations to turn over a portion of their stock, say 25 percent, in the form of non-voting shares. The government would benefit from any dividends or share buybacks but have no voice in running the company.
This system would eliminate almost all opportunities for gaming, since a company wouldn’t be able to deny the government its share of profits unless it also withheld profits from other shareholders. And we wouldn’t call that “tax avoidance” but outright theft – the sort of thing that gets people sent to jail.