American manufacturer Ingersoll-Rand
Co. (IR) forged the tools that carved the Panama Canal and shaped
Mount Rushmore. When it shifted its legal address to Bermuda in 2001 to reduce
taxes, the maneuver sparked bipartisan outrage in Congress.
“These corporations have turned their back on their
country,” Nevada Democrat Harry Reid fumed from the Senate floor, adding that
his father, a hard-rock miner, had wielded an Ingersoll-Rand jackhammer. “There
is no reason the U.S. government should reward tax runaways with
lucrative government contracts.”
Over the next dozen years, Congress passed law after
law to prohibit American companies that reincorporate overseas from doing
business with the federal government.
Those laws haven’t worked.
Benefiting from loopholes
and a cooperative Obama administration, the companies avoid the ban on federal
contracts as effectively as they avoid U.S. taxes.
Ingersoll-Rand continues to score federal work worth
hundreds of millions of dollars, touting projects for the Army and Navy in sales brochures. The company’s strategies have even
included trying to piggyback on the eligibility of other companies, according
to two former Ingersoll-Rand employees.
Even as Ingersoll-Rand reaped the tax benefits of
its foreign address, it took steps to expand its U.S. government business. In
December 2007, two weeks before the first government-wide contracting ban took
effect, Ingersoll-Rand agreed to buy Trane Inc.
Ingersoll-Rand is one of more than a dozen large
U.S. companies that have shifted their tax addresses offshore yet still earn
federal business, a Bloomberg News investigation has found.
In all, these
companies are collecting more than $1 billion a year from the government, even
as their tax-avoidance techniques have deprived the Treasury of untold billions
of dollars in revenue.
Regulators rely on the companies to police
themselves for compliance with the prohibition. At least three companies --
Xoma Corp., Cooper Industries Plc and Foster Wheeler
AG (FWLT) -- have acknowledged they were subject to the ban and yet
have said in a federal database that they’re exempt.
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