Newspaper logo  
 
 
  Reducing Complexity in the Tax Code

COMMENTARY:

Reducing Complexity in the Tax Code

by Margie Burns

Any real tax code reform should start with closing such loopholes as limited liability entities, holding companies, shell corporations closely related to dummy companies, and off-shore subsidiaries. But don't hold your breath. This isn't the kind of 'reform' the Bush people have in mind.
George W. Bush is naming a commission to study how to simplify the tax code, and “everything is on the table,” according to one spokesperson.

Forewarned is forearmed. Any G.W. Bush tax proposal will have one, and only one, goal: to shunt any tax burden even more away from corporations and individuals of wealth, and even more onto the rest of the public.

The proposal can be used to gauge the impact of what David Brock calls “the Republican noise machine” on media outlets. Any outlets (Fox News, the Rev. Moon’s Washington Times, and Clear Channel spring to mind) treating Bush’s proposals at face value as “reforms” are tainted or compromised. Any outlets trying to be even relatively clear about regressive taxes are still trying to preserve some journalistic accuracy and integrity.

Meanwhile, in the public interest, it is important not only to point out gaps and distortions in prevailing representations (“reform”? from Bush?). It is even more important to mount better proposals.

The grain of truth in the campaign to make our taxes yet more regressive is that the tax code is indeed long and unwieldy, and there are legitimate ways to simplify and clarify it. These are precisely the ways the Bush team does not tackle and literally does not mention.

For example, one good way to simplify the tax code would be to simplify the corporate structure. Every small-d democrat, true republican, and progressive should be looking at the raft of nefarious entities legally allowed in the USA today: limited liability companies, limited partnerships, limited liability partnerships, holding companies, shell corporations closely related to dummy companies, off-shore subsidiaries--the list seems endless.

All of these entities have purposes at odds with the public interest: to serve as tax shelters, to allow companies and individuals to conceal assets and money, to occlude records that should be public, to inhibit transparency and accountability, etc. They complicate the task of auditors, regulators and accountants. They enrich corporate lawyers, bookkeepers (or corporate neglectors of bookkeeping), and PR sectors. The financial aim of staving off taxes and scrutiny inevitably expands and develops to serve fraud and chicanery--and therefore ultimately to serve, for example, drug and weapons trade, child trafficking, money laundering, and terrorism.

Eliminating these unnatural and grotesque exhibits of greed and chicanery would also simplify the tax code, which has innumerable sections devoted to them.

Step One. Here is a short list of the peculiar financial entities referred to above, with some web sources for quick definition and information:

“Many attorneys and accountants find the LLP as a very attractive alternative since it shields the partners from vicarious liability, can operate more informally and flexibly than a corporation, and is accorded full partnership tax treatment. Note, in California, with certain exceptions, the LLP is only available to attorneys and accountants.”

A Limited Liability Partnership or LLP is a relatively new creation that operates much like a limited partnership, but allows the members of the LLP to take an active role in the business of the partnership, without exposing them to personal liability for others' acts except to the extent of their investment in the LLP. Many law and accounting firms now operate as LLPs.”

[Wonder whether limiting LLPs will be part of Bush’s “tort reform”? hahaha.]

“Limited liability companies, or LLCs, are becoming more and more popular, and it's easy to see why. They combine the personal liability protection of a corporation with the tax benefits and simplicity of a partnership. In addition, they're more flexible and require less on-going paperwork than corporations. We can help you quickly and easily set up a new LLC, or convert an existing business into an LLC. Below is our 3-step process . . .”

Companies may adopt a variety of different entity structures including sole proprietorships, partnerships, limited liability companies (LLC), S corporations and C corporations and making an appropriate decision can be difficult. Often, it is in a company's best interest to have more than one entity, depending on the amount of assets that are owned.”

Ref.: Good over-all discussion of the pros and cons of LLCs

“Limited Partnerships may be purchased and sold by IRAs and Qualified Plans. Registered and unregistered interests in Limited Partnerships may be purchased and sold by IRAs and Qualified Plans.”

On setting up a Limited Partnership in Thailand

As of the end of 2004, bank holding companies are now allowed to be financial holding companies as well.

References:

  • On setting up offshore holding companies, including in Canada.

  • “Investment holding companies are an effective international vehicle for doing business, protecting assets and taxation planning.”

    “If you are looking for an aged corporate shell to buy or if you have an aged Nevada shell corporation you want to sell...”

    One of the newer and occasionally popular techniques for raising money is the shell game. The trick is to organize a shell corporation--no assets, no business--and take it public. Because of the unfortunate connotations of the term 'shell' in the financial arena, sponsors have developed a more glamorous and respectable label--'Acquisition Companies'--Specified Purpose Acquisition Companies (SPACs). The sole purpose of a Shell/SPAC offering is to raise a relatively modest amount of money, and more importantly, to get a number of shares outstanding in the hands of the public.”

    In summary: Not every individual who feels compelled to take advantage of these gargantuan tax loopholes is a crook. However, it is noteworthy that corporate loopholes like these are most fully exploited by those who could well afford to pay taxes: giant financial institutions, giant insurance companies, and George W. Bush’s relatives. They are also freely indulged in by major military and security contractors--notwithstanding potential conflicts of interest and security breaches.

    If we want tax reform, this is a good place to start.


    Margie Burns lives in Cheverly, Md. She can be reached at margie.burns@verizon.net.


    Copyright © 2005 The Baltimore Chronicle. All rights reserved.

    Republication or redistribution of Baltimore Chronicle content is expressly prohibited without their prior written consent.

    This story was published on January 9, 2005.

  •  
    Bookmark and Share
    Local News & Opinion

    01.26 Local Democrats Invited to Brainstorming Session on Sun., Jan. 31

    Ref. : Local Newsbriefs

    Travel
    Books, Films, Arts & Education

    02.04 'The Power of Nightmares': Underwear vs. Reason

    Letters

    Ref. : Letters to the editor

    Open Letters:
    Health & Environment

    Video National Health Care Systems In Other Countries

    02.09 States Launch their Own Health Care reforms

    02.03 States Face Worsening Recession with Health Care Funds on the Chopping Block

    01.18 Drugmaker Got Kickbacks for Nursing Home Patients

    Media Watching

    02.04 Err-America

    02.03 The Right Gets Itself 'Wired'

    Ref. : The Daily Howler

    Legal Matters

    01.25 Thinking About Fictions

    01.24 US Democracy's End of the Road

    01.22 Editorial: U.S. Supreme Court Nails Down the Coffin of Democracy

    01.22 Security Fools

    US Politics, Policy & Culture

    02.09 Palin, Psy-Ops & 'Condescending' Libs

    02.09 Growing Hunger in America

    02.08 The US Government has Lost its Reason for Being

    02.08 Thinking About Oracles

    02.06 No Direction Home: Pakistan and the Imperial Principle

    02.04 Howard Zinn and the State of the Union

    02.04 The US Supreme Court: Vanguard of Friendly American Fascism?

    02.04 The New War Against Money

    02.04 David Brooks Goes After Greedy Geezers

    02.02 Obama's Budget Ducks Pentagon Cuts

    02.02 Budgets, War and Blind Ambition: The Limited Minds of the American Elite

    02.01 Thinking About Definitives

    02.01 Remembering Howard Zinn (1922 - 2010)

    01.29 American History 101: We Are Devo

    01.29 Obama's Outreach to Americans: Empty Rhetoric, Business As Usual

    01.28 The Supreme Court's Partisanship

    01.27 Freeze Frame: Flopsweat and Farce in the Hollow Halls of Power

    01.25 Granny D on Campaign Finance Reform

    01.25 S.C. Republican’s Plan: Starve the Poor So They’ll Stop “Breeding”

    01.23 It's Time for Kucinich, Conyers, Feingold and Other `Progressives' in Congress to Take a Stand

    01.21 Massachusetts' Message of Stupid

    01.21 Terrorism Defined: Bill Clinton Lights Our Way to Truth

    01.21 How Obama Lost His Way

    01.21 Political Earthquake Rocks Massachusetts

    01.20 Obama Cuts Deal that Will Reduce Social Security, Medicare and all Entitlements

    01.20 Critical Mass: Dem Agenda Opens Right-Wing Doors

    01.19 Outsourcing War: The Rise of Private Military Contractors

    “High Crimes?”

    01.25 The Silence and the Shield: Depraved Indifference to the Atrocities of Power

    01.19 Dark as a Dungeon: A Brutal System Stripped Bare

    Economics & Business Non/Mis/Malfeasance

    02.07 AIG-Gate: The World's Greatest Insurance Heist

    02.06 The Free Market Fetish

    02.04 The Crisis is Not Over

    02.03 States Face Worsening Recession with Health Care Funds on the Chopping Block

    02.02 Rule by the Rich

    01.29 The Battle of the Titans: JPMorgan vs. Goldman Sachs

    01.27 State of the Union: Obama’s “Automatic IRA” Plan Could Make Bush’s Wildest Dreams Come True

    01.26 Obama, Read Your Reagan on Capital Gains Taxation

    01.24 Funding Public Health Care with a Publicly-Owned Bank: How Canada Did It

    01.18 Thinking About Accelerants

    International

    02.08 Aafia Siddiqui: Victimized by American Injustic

    02.07 Annals of Liberation: Obama Surge Driving Thousands From Their Homes

    02.05 Human Rights Abuses in Israel and Occupied Palestine

    02.03 Child Slavery in Haiti

    01.30 Blood is His Argument: Tony Blair's Gentle Cuddling at Iraq "Inquiry"

    01.28 Obama Ignores Key Afghan Warning

    01.27 Haiti's Earthquake: Natural or Engineered

    01.26 Helping Haiti’s Elders

    01.26 Focus on Israel: Harvesting Haitian Organs

    01.25 Focus on Haiti: Washington's Militarized Takeover

    01.22 The Lessons of Boycott, Divestment and Sanctions

    01.18 Disaster Capitalism Headed to Haiti

    We are a non-profit Internet-only newspaper publication founded in 1973. Your donation is essential to our survival.
    Google
    This site Web

    Public Service Ads:
    Verifiable Voting in Maryland