Corporate Inversions: The Fleeing Notion Of An American Corporation

Melissa Lucar
Vol. 15
April 2017

This paper was created to explore the phenomenon of corporate expatriation, more commonly known as corporate inversion. Many corporations created and incorporated in the United States reincorporate in a foreign jurisdiction to avoid paying high corporate taxes. Under American law, multinational corporations (MNCs) are required to pay 35% of their income in taxes, whether it is foreign-based income or domestic. In addition, if these corporations are publicly traded, they are subjected to double taxation. These, among other reasons, have become strong incentives for companies to reincorporate in countries that offer lower corporate tax rates, such as Ireland. These tax havens encourage inversion and result in the loss of millions of dollars in tax revenue for the federal government. This paper will investigate the legal methods companies use to reincorporate offshore, explore their reasons for it, and argue for a possible solution. Lastly, this paper will also examine current legislative developments and recently enacted laws that seek to address a solution to inversion.

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