
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.com
Of Counsel
732-568-8360 jmcdonough@sh-law.comIf Monsanto’s proposed tax inversion plan is accepted, this would mark the largest tax inversion in U.S. history with estimated annual savings close to $500 million.
According to Monsanto CEO and Chairman Hugh Grant, the merger is designed to encompass the two corporations into a global agribusiness enterprise to expand geographical outreach. However, the tax inversion acquisition would effectively reduce Monsanto’s tax rate from 29 percent to 15 percent, the WSJ reported. Britain is an ideal location for overseas subsidiaries to set up headquarters because of its 20 percent tax rate, which includes additional tax incentives for foreign-based entities.
This merger would become the largest ever agribusiness takeover, which would effectively monopolize the global seeds and chemicals markets, the WSJ report noted. Monsanto and Syngenta combined for $57 billion in pesticide sales alone in 2014, with a 30 percent market share on pesticides, and another 45 percent market share for seeds. Together, the two companies would generate $600 million in new revenue, increasing cash-earnings-per-share by over 16 percent from the tax savings and benefits structure in Britain, according to a report in Bloomberg Business.
Ultimately, farmers would be most affected by the deal because it could significantly change all agribusiness sectors. According to John Hansen, President of the Nebraska Farmers Union and a prominent board member of the National Farmers Union, the deal would eliminate competition.
“When you have that much market power, there’s too much money to be made using your market power to push the company’s interests forward,” Hansen said.
President Obama has been an outspoken critic of tax inversions because these strategies manipulate the tax system and diminish the U.S. tax base. Several other Congressman have been critical of tax inversions as well, including Senator Richard Durbin who argued that rules should be enacted to block these strategies.
“It’s clear that Monsanto – a company that has prospered and expanded in large part due to U.S. taxpayer-funded programs and services – intends to reincorporate overseas as part of its proposed acquisition of Syngenta in order to avoid paying U.S. taxes,” he argued. “Hundreds of millions of dollars that could be invested in the infrastructure, education and research that companies rely on will be lost if Monsanto is allowed to go through with this corporate inversion scheme.”
In fact, several Democrats have proposed an overhaul of the federal tax system where corporations like Monsanto would continue to pay U.S. tax rates overseas. According to USA Today, with involvement from U.S. politicians, the floodgates have opened to eliminate the tax inversion loophole altogether.
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!