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After Killing The Biotech Bubble, Congress May Just Have Ended M&A Mania

Tyler Durden's picture




 

Having pricked the Biotech bubble with the simple questioning of the ballooning prices of drugs, it appears Congress may be well on its way to bursting the M&A Mania as Senator Carl Levin pushes his anti-inversion legislation by increasing, once again, the complexity of the tax code:

  • *SEN. LEVIN SAYS U.S. FACING `FLOOD OF TAX AVOIDANCE'
  • *LEVIN BILL INCLUDES TWO YEAR MORATORIUM TO ALLOW FOR TAX REVAMP
  • *LEVIN BILL RAISES THRESHOLD FOR INVERSIONS TO 50 PERCENT

 

“This is about leveling the playing field and rooting out flagrant tax abuse in our system that could lead to billions of dollars of lost revenue," said Sen. Tim Kaine, D-Va.

 

“In order to fully restore budget certainty, we need to look at abuses in the tax code as much as spending. The fact that companies can change their tax liability to low-tax jurisdictions on paper while maintaining operations and ownership in the U.S. is unacceptable and I'm pleased to join my colleagues to introduce this important fix.”

Well, we're glad they know what's best for all of us...

As Bloomberg summarizes,

Sen. Carl Levin, D-Mich., proposing legislation imposing 2-year moratorium on inversions, raising shareholder threshold to 50%, according to summary of legislation ( adramatic shift from current law where shareholders of non-U.S. company must own 20% of combined company)

 

It’s become increasingly clear in recent weeks that a flood of tax avoidance by multinational corporations is looming,’’ Levin tells reporters

 

Levin responding to at least 13 cos. that have conducted inversion mergers since 2011 to move headquarters out of U.S. into lower-taxed jurisdiction

 

Sen. Finance Cmte Chairman Ron Wyden has said he also wants to limit inversions retroactive to May 8; House Speaker Boehner said earlier today inversions are one reason tax overhaul is needed

Carl Levin's Fill Statement:

Summary of the Stop Corporate Inversions Act of 2014
Tuesday, May 20, 2014

 

The Stop Corporate Inversions Act of 2014 would significantly reduce a tax loophole that allows U.S. companies  that merge with foreign companies to reincorporate offshore in lower-tax jurisdictions – known as an “inversion” - to avoid being subject to U.S. tax on their overseas earnings. 

 

Under current U.S. tax law, the merged company is treated as a foreign company if more than 20 percent of the stock of the merged company is owned by stockholders who were not stockholders of the U.S. company or if the merged company has at least 25 percent of its employees, sales and assets where it is incorporated.

 

The Stop Corporate Inversions Act of 2014 increases the needed percentage change in stock ownership from 20 percent to 50 percent and provides that the merged company will nevertheless continue to be treated as a domestic U.S. company for tax purposes if management and control of the merged company remains in the U.S. and either 25 percent of its employees or sales or assets are located in the U.S.

 

The bill provides a two year moratorium on inversions that do not meet the stricter tests in the bill so that Congress can consider a long-term solution as part of general corporate tax reform.  But we can’t wait for tax reform to stop the bleeding.  If we continue to wait, we risk more American companies opting out of the U.S. corporate tax base by reincorporating in lower-tax foreign jurisdictions under the much more permissive current law applying to inversions.

 

The president’s FY15 budget contains a proposal to close this loophole, and the Stop Corporate Inversions Act largely mirrors that proposal.

While the US makes the tax code so complex everyone wants to get out of the country, in italy the PM wants to simply it so much people can file by text message:

Premier Matteo Renzi said Tuesday that the government's planned simplification of Italy's fiscal system should make it possible for people to pay their taxes via mobile phone text messages. "I'm convinced that if we work at it, we can make it possible to pay them (taxes) via an SMS," Renzi said. "Italy is a country that makes simple things complicated, but paying taxes must be simpler".

 

Renzi has embarked on an ambitious reform programme of institutional and economic reforms since unseating Enrico Letta, his colleague in the centre-left Democratic Party (PD), in February to become Italy's youngest premier at 39.

 

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Tue, 05/20/2014 - 10:58 | 4777485 Looney
Looney's picture

Awww... Carl Levin is so exceptional, just like Jack Lew is!

Jack Lew went to China right before the meeting between Putin and Xi. Probably begging the Chinese NOT TO sign the gas deal with Russia or, at least, to keep using the Petro-Dollar. As soon as he comes back home, the MomJeans-in-Chief gives Eric Dick-Holder the “green light” to charge 5 Chinese illiterate farmers with hacking.

The only mention in our media about Lew’s visit is that “Lew and his three colleagues had spent 109 yuan (HK$136) on a meal of dumplings, cold dishes and tea.”

Exceptional, aren’t we? ;-)

Looney

Tue, 05/20/2014 - 10:58 | 4777505 ChickenTrain
ChickenTrain's picture

Surely you aren't insinuating that US media is a shallow, self-serving farce factory?! 

Tue, 05/20/2014 - 11:13 | 4777557 NotApplicable
NotApplicable's picture

Whenever I hear a politico talking about "lost revenue" it makes my blood boil.

Tue, 05/20/2014 - 11:13 | 4777559 outamyeffinway
outamyeffinway's picture

The Exodus approacheth!

Tue, 05/20/2014 - 11:37 | 4777662 SWRichmond
SWRichmond's picture

SEN LEVIN SAYS "SOMEONE OUT THERE HAS MONEY WE HAVEN'T STOLEN YET"

Tue, 05/20/2014 - 12:46 | 4777891 clooney_art
clooney_art's picture

Damn straight, Levine. Freedom, Democracy, Open Markets, Free Markets are only valid as long as the American CEOs, Wall Streeters and American Banks make money hand over fist.

 

Tue, 05/20/2014 - 11:13 | 4777561 Vampyroteuthis ...
Vampyroteuthis infernalis's picture

All of a suddenly multi-nationals are avoiding taxes!? Haw haw haw haw. Where the hell have you been the last few decades? 

Tue, 05/20/2014 - 13:31 | 4778044 Government need...
Government needs you to pay taxes's picture

The US REALLY needs those tax dollars now that China, Russia, and Iran are beginning to shun the highly-conjured currency.

Dont worry, this is mostly for show, to provide the fig leaf beneath which Congress will reach to 'expropriate' (Cypress-style) privately-owned assets they deem strategic.

Tue, 05/20/2014 - 11:10 | 4777548 disabledvet
disabledvet's picture

Sad but true. And now comes the Scorpion and the Frog meme as well? "We give USA Inc all our monies and now we're shocked to learn they plan on avoiding the taxman while incomes dry up and our jobless prosperity rolls on"?

Cue "the surprise look" from the e-trade Baby.

Of course they're investing in recovery...it's just not ours (as in We the People's.)

The sentiment is appreciated of course...but in my view these monied folks know a (World?) war...and who's (them?) paying for it...when they see one.

So sure..."no good deed goes unpunished"...but that still leaves us policy folks looking for Betterman.

Maybe there's room for something that isn't partisan here after all.

Tue, 05/20/2014 - 11:18 | 4777586 mr1963
mr1963's picture

These clowns don't get it. The economy is like the weather, the more you try to contain it, build "flood proof cities," etc. the worse an event gets. They're out of their depth, they're about to get swept away in the flood, and they'll build a new sea wall to try to contain it. It's all temporary.

Tue, 05/20/2014 - 11:43 | 4777686 NOTW777
NOTW777's picture

guess levin, obama and congress missed the FLOOD of wasteful outrageous spending and fedponzi "flooding" banks with money

Tue, 05/20/2014 - 15:13 | 4778466 Itchy and Scratchy
Itchy and Scratchy's picture

None of that borrowed $$$ was wasted. It was simply 're-allocated.'

Tue, 05/20/2014 - 10:54 | 4777494 Shizzmoney
Shizzmoney's picture

"Democrats to target companies overseas to dodge taxes" - yeah, for donations!

GOP/Democrats, whetever it is......they are all corrupt assholes, guys. It's pretty fucking simple.

Tue, 05/20/2014 - 11:09 | 4777542 scraping_by
scraping_by's picture

Election year head fake. Building the brand, so sales will pick up in the justice/practical market niche. So the consumer will buy a quality, not a real good or service.

Tue, 05/20/2014 - 11:13 | 4777560 NotApplicable
NotApplicable's picture

Shiny facades for everyone!

Tue, 05/20/2014 - 11:14 | 4777564 gafgroocK
gafgroocK's picture

 

 

The BioTech Bubble was popped by the new review process at the USPTO called IPRs.

 

Generics are invalidating the patents behind the name-brand biotech companies.

 

Google "PTAB Death Squads"

Tue, 05/20/2014 - 11:46 | 4777695 ebworthen
ebworthen's picture

I invented the question mark, but no one will listen.

Pretty sure Apple has a claim they invented the thumb.

Tue, 05/20/2014 - 10:56 | 4777500 ebworthen
ebworthen's picture

So CONgress votes repeatedly to offshore production and employment now they're upset about off-shored profit?

More theater from the laziest actors on the planet.

Tue, 05/20/2014 - 11:10 | 4777545 scraping_by
scraping_by's picture

"Washington is Hollywood for ordinary-looking people."

Tue, 05/20/2014 - 10:56 | 4777501 Dr. Engali
Dr. Engali's picture

Currency wars lead to trade wars which lead to world wars.

Tue, 05/20/2014 - 11:12 | 4777556 disabledvet
disabledvet's picture

Scary but true.

"Downvotes go away!"

Tue, 05/20/2014 - 10:57 | 4777502 Catullus
Catullus's picture

Why stop at just earth? There's a whole solar system and galaxy that needs to be taxed. Just think of all the windfall profits the sun is making. Besides, the sun is causing global warming! It's about time we stopped this unregulated sun from causing global warming.

Tue, 05/20/2014 - 10:59 | 4777507 Rainman
Rainman's picture

Italians already have the simplest tax system. They just don't pay them.

Tue, 05/20/2014 - 11:00 | 4777511 replaceme
replaceme's picture

I hated his character in Atlas Shrugged.  What does Levn get for this, all I want to know.  

"leveling the playing field" only helps the guy doing the leveling.

Tue, 05/20/2014 - 11:41 | 4777679 ParkAveFlasher
ParkAveFlasher's picture

Normally they mean "leveling" not as in "balancing" but as in "razing".

Tue, 05/20/2014 - 11:01 | 4777520 Raging Debate
Raging Debate's picture

The horse has left the barn here in the West. This legislation only pushes investors East. For us in the West attempting to break gravity it is now just another hurdle but it will become hiring of tax attorneys to create loopholes domestically again instead of Double Dutch. The way the world works is becoming very predictable to me. Sad it takes a couple decades to figure it out.

Tue, 05/20/2014 - 11:22 | 4777608 scraping_by
scraping_by's picture

As long as the US doesn't have the trade protection, domestic content, and capital control laws the East has, US companies will head over there for the government subsidies. It's all of a piece, and Levin is just making noise about the least important part.

Of course, they are strip mining the US economy so it will take care of itself. The bottom is fast approaching.

Tue, 05/20/2014 - 11:29 | 4777636 AsIseeIt
AsIseeIt's picture

"The way the world works is becoming very predictable to me. Sad it takes a couple decades to figure it out."

I'm right there with you.  Took me about five years.  Now I'm searching for a way to "live with what I know".


Tue, 05/20/2014 - 11:03 | 4777526 replaceme
replaceme's picture

Is this a jobs creation incentive, or has congress won the employment war?  Punish our way to Prosperity!

"Smoke yourself thin" and "improve your self-estem, stupid" complete the trilogy.

Tue, 05/20/2014 - 11:04 | 4777529 youngman
youngman's picture

What is amazing is that Carl Levin does not understand that if you tax a company to much...they will leave...its that easy.....If labor costs to much..you move your manufacturing...its that simple...if people are buying your stuff over there...you move over there..its that easy...so the next time that Carl Levin wants to add to the complexity of the US tax code.... maybe he should think of what it does to the companies that he worries so much about and their employees...hes a Socialist idiot though and will not..he just likes to think he is in control and is a big poweful Congressman...

Tue, 05/20/2014 - 11:09 | 4777544 NotApplicable
NotApplicable's picture

Sorry, but it's not his job to understand this. His job, like all others in DC, is pure extortion.

Tue, 05/20/2014 - 11:17 | 4777583 DR
DR's picture

For years I've been hearing the idea that if you tax corporations they will leave. Will guess what, we didn't tax them due to loopholes and THEY LEFT ANYWAY.  I don't buy that bullshit story anymore....

 

 

Tue, 05/20/2014 - 11:29 | 4777634 scraping_by
scraping_by's picture

A lot of corporations get large refunds on taxes they never paid.

Since the WTO/Nafta/NWO neoliberal religion claims all nationalism is a superstition, leaving or not leaving shouldn't matter. Or at least, that's the doctrine we're being given.

Tue, 05/20/2014 - 11:44 | 4777688 ParkAveFlasher
ParkAveFlasher's picture

Corporations carry entire divisions to simply navigate the business through the loopholes.  You must count that into your misallocation calculation.

Tue, 05/20/2014 - 11:05 | 4777530 Seasmoke
Seasmoke's picture

Levin. Go back to Israel. 

Tue, 05/20/2014 - 11:09 | 4777543 DR
DR's picture

Better rich corporations than me! Corporate profits are at a record high, wages at record low. Who ya going to call?

 

Tue, 05/20/2014 - 11:11 | 4777551 NotApplicable
NotApplicable's picture

Yeah, if only it worked that way...

Tue, 05/20/2014 - 11:38 | 4777649 DR
DR's picture

The high of US economic prowess and the best era for the middle class was when the US government was elited by manufacturing magnates instead of financial rentiers. These magnates made sure that technical innovation was nutured by protecting nascent industries that would eventually grow to make American the envy of the world. 

Not anymore, to the leaders of the US, the people and the countrie's industries are look upon as a commodity that is sold to the highest bidder.

Tue, 05/20/2014 - 11:14 | 4777553 intric8
intric8's picture

Now he's done it. The u.s. will end up expatriating american businesses and Putin finds himself in the enviable position to welcome them with open arms and screw obozo in the process

Tue, 05/20/2014 - 15:54 | 4778594 pan-the-ist
pan-the-ist's picture

I don't understand this perspective.  If the corps leave, we don't buy thier stuff.

Tue, 05/20/2014 - 15:55 | 4778596 pan-the-ist
pan-the-ist's picture

.

Tue, 05/20/2014 - 11:13 | 4777558 scraping_by
scraping_by's picture

"While the US makes the tax code so complex everyone wants to get out of the country..."

The tax code is made complex by thousands of tax lawyers arguing that up is down and night is day, and the judges who nod and go along. That and the habit of selling tax breaks to local interests.

Tue, 05/20/2014 - 11:36 | 4777660 DR
DR's picture

If corporations wanted a simple tax code they would lobby for it. Instead they want to obscure it so the public doesn't realize what is going on...

Tue, 05/20/2014 - 11:14 | 4777569 Tjeff1
Tjeff1's picture

Something tells me this will hit Aztrazeneca's stock value.

Tue, 05/20/2014 - 11:19 | 4777590 SheepDog-One
SheepDog-One's picture

They killed the Golden Goose, so now they're trying to butt fuck it?

Tue, 05/20/2014 - 11:20 | 4777594 Seize Mars
Seize Mars's picture

I don't really give a fuck about M&A hi-jinks.
All I know is that Carl Levin has spent every waking hour of his adult life trying to destroy my country.

Tue, 05/20/2014 - 11:35 | 4777657 scraping_by
scraping_by's picture

Nice to know it's a simple matter of ENEMIES!!! All our problems are cuased by ENEMIES!!!  Just unleash the popular anger at ENEMIES!!! and we can get back to a perfect world.

Tue, 05/20/2014 - 12:17 | 4777802 Seize Mars
Seize Mars's picture

Scrapingby
Did I type something inaccurate or untrue? Please point it out.
Dill snip.

Tue, 05/20/2014 - 11:37 | 4777663 slightlyskeptical
slightlyskeptical's picture

You are no fucking patriot if you can stand by and watch these corporations hollowing out America on the back of the individual taxpayer.  We are sending our children to die so these fuckers can keep on digging America a deeper grave. And you want to blame Levin?

 

Tue, 05/20/2014 - 11:44 | 4777691 DR
DR's picture

Agree, American males have lost their balls. A male in full testosterone mode would fight to the bitter end for his territory to provide for his family.

Tue, 05/20/2014 - 11:53 | 4777721 Emergency Ward
Emergency Ward's picture

Well, you cannot exonerate the hyper-partisan warmongering Levins of the world.  They share the blame.

Tue, 05/20/2014 - 12:37 | 4777866 Seize Mars
Seize Mars's picture

Slightlyskeptical
Yes. Problem?

Tue, 05/20/2014 - 11:21 | 4777601 seek
seek's picture

Capital controls in disguise. These things are always interesting because they show who's in power depending on which way they go.

Tue, 05/20/2014 - 11:24 | 4777605 semperfi
semperfi's picture

Dumbass Americans love their tyranny - they vote for then passively stand by and allow it year after year - they deserve this shit, good and hard, the harder the better - dumbfucks.

Tue, 05/20/2014 - 11:22 | 4777606 replaceme
replaceme's picture

We won't close the border to people crossing in from the South, but we will lock the door to those leaving.  Balloons work that way, until they pop.

Tue, 05/20/2014 - 11:28 | 4777632 ShrNfr
ShrNfr's picture

Translation: "It is totally unacceptable that companies can understand the tax code and act on that to minimize payments when nobody else can understand it, especially Congress".

Tue, 05/20/2014 - 11:30 | 4777646 I Am Not a Copp...
I Am Not a Copper Top's picture

Is this Carl "Shitty Deal" Levin?

Tue, 05/20/2014 - 11:47 | 4777700 firstdivision
firstdivision's picture

 italy the PM wants to simply it so much people can file by text message:

Cause you make it sound like Italy's house is in such good order....

Tue, 05/20/2014 - 12:31 | 4777848 insanelysane
insanelysane's picture

Actually, why do you need to file at all and I don't mean no taxation.  If there was a flat tax, the average sheeple would simply have it deducted each paycheck and there would be no need to file.  This would free up the IRS to focus on un-average sheeple.

When you file now, there is no adjustment to what was taken out for Social Security tax so don't tell me it can't be done.

Tue, 05/20/2014 - 11:58 | 4777742 williambanzai7
williambanzai7's picture

"Inversion" is yet another fine example of "un-speak". Technical euphemistic babble used to obfuscate and camoflage the simple facts. What is wrong with: offshore reincorproation? 

Tue, 05/20/2014 - 12:18 | 4777810 luckylogger
luckylogger's picture

I was short and sweating my ass... THANK YOU SENATOR LEVIN FOR SUCH A STUPID WEALTH DESTROYING IDEA.......

Whew.... saved by the bell............

Tue, 05/20/2014 - 12:49 | 4777911 NYPoke
NYPoke's picture

A Democrat from Michigan.  Shocker.  He wants every city to look like Detroit. 

Tue, 05/20/2014 - 12:59 | 4777945 damicol
damicol's picture

Face reality, there is no way  on this side of hell freezing over that the code will get simpler.

 The tax code is nothing more or less than a code designed to  seed vested interests and  is designed to control more than raise taxes.

It has no more chance of being rewritten that the black monkey repealing all the SSA regulations.

Cannot happen..Instead it will actually cause it explode  and all attempts will be made to raise ALL taxes  whilst turning American Morons against any form of business that does something it needs to survive.

 I am not talking about  fucking crony capitalist suck you dry  funded by the fed shit holes

 I'm talking straight acting normal small businesses that spend most of their life trying to comply with shit for brains wankers writing tax code like the dumb cock sucking jewboy Levin that makes them either give up and shut shop or fuck off completely.

If you don't bring this  corrupt sham down now then you will live like a farmers peasant  slave all your life

Tue, 05/20/2014 - 13:32 | 4778054 Government need...
Government needs you to pay taxes's picture

When will Levin propose using the NSA's capabilities to help the IRS identify tax cheats, domestic terrorists, and (my favorite) domestic terrorist tax cheats?

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