Update: US Tax Inversion moves may speed up via existing law..

Further to Friday’s blog post below, it appears that Obama may not have to introduce new legislation to prevent current and future tax inversion moves by US multinationals.

In fact, according to an article in The Irish Times, Obama could invoke a 1969 tax law that would restrict foreign companies using inter-company loans and interest deductions to reduce their tax bills. This could remove the key advantages of US companies taking over foreign companies and transferring their tax addresses to a more advantageous tax environment.

In practice, this means that companies* in the acquisition-pipeline will need to radically accelerate the process in order to avoid restrictions.

In other words, the Walgreens – Boots acquisition is now in fast-forward mode… 

Ready?

* It is not clear whether  historic tax inversion companies will be impacted by the same legislation

American Tax Inversion and the NAM

NAMs need to keep in touch with the practice of US firms relocating their headquarters via acquisition of smaller players to countries such as Ireland where corporate tax rates are lower to avoid taxes in the US.

A major development took place yesterday via a speech by US president Barack Obama where he castigated American companies for “gaming the system” and signaled US determination to act against the process.

This is all part of a worldwide government and consumer backlash against tax avoidance by major companies.

These accelerating tax inversion moves affect the NAM role in three ways:

• Suppliers: If the NAM’s company - or a competitor – is in the process of making a tax inversion move, US growing resistance will become an increasing distraction to top management and thus the NAM day-job…
• Retailers: Possible acceleration of moves like Walgreens’ takeover of Alliance Boots, impacting the roles of both Boots NAMs and NAMs of competing retailers
• Consumers: The growing consumer backlash has already resulted in demonstrations against major companies such as Starbucks and may eventually affect the brands of those companies suspected of paying less than their fair share of tax…  

Action:
Best to keep in touch with developments, reassess your relative competitive appeal after each significant move and factor the result into your trade strategies, despite the distraction…