Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 14, 2014
The Firm
201-896-4100 info@sh-law.comSen. Dick Durbin, D-Illinois; Sen. Elizabeth Warren, D-Massachusetts; and Sen. Jack Reed, D-Rhode Island, sent Obama a letter Aug. 5 asking that he pass an executive order to eliminate or reduce the tax breaks companies see by undergoing an inversion, according to the St. Louis Post-Dispatch.
Corporate tax law allows inversions, but they have become highly controversial in the past several months. In an inversion, a U.S. multinational company acquires a smaller, foreign company and uses this event to “merge” with the company and re-domicile abroad. This enables the new company to pay a tax rate that is lower than the U.S. corporate income tax rate of 35 percent.
“Although we will continue to work toward a legislative solution to the problem, we urge you to use your authority to reduce or eliminate tax breaks associated with inversions,” Durbin, Warren and Reed wrote to Obama, according to the news source. “Inverted corporations take advantage of all the things American tax dollars provide — from tax credits for research and development, investments in transportation infrastructure, and strong patent and copyright protections, to profiting from taxpayer-supported programs like Medicare and the Veterans Health Administration. Yet, these companies claim to be foreign corporations when it’s time to pay their tax bill — denying the United States billions of dollars in tax revenue and thereby increasing the tax burden on other U.S. taxpayers.”
There has been some serious debate regarding the legality of an executive order in this situation, The New York Times explained. In a controversial article written a few days after the president raised the issue of inversions, former Obama administration Treasury Department official Stephen Shay suggested that the Treasury secretary could use the power to determine whether a given financial instrument should be treated as debt or equity to remove incentives to re-domicile abroad.
As tax attorneys in the Metropolitan area, this isn’t the first time James McDonough and I have written about tax inversions in the U.S. Here are just a few of our previous posts on the subject:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!