Investigation Into Big Pharma Tax Practices

Washington, D.C. – Senate Finance Committee Chair Ron Wyden, D-Ore., continued his investigation into Big Pharma’s tax practices, and how loopholes in the tax code have allowed multinational companies to further abuse tax havens and avoid paying U.S. taxes on prescription drug sales. Wyden wrote to Bristol Myers Squibb to request information about their reported use of offshore subsidiaries in Ireland in a manner that may have violated longstanding IRS anti-abuse rules.

“According to public reports, in 2012 Bristol Myers developed a sophisticated tax avoidance strategy where it shifted intellectual property rights for several prescription drugs to a newly created offshore subsidiary to shift untaxed gains and generate amortization deductions. At the time, Bristol Myers’s U.S. operations held patents on several drugs with a fair market value that had already been fully amortized for tax purposes, while an Irish Bristol Myers subsidiary held patents that it had not yet fully amortized and thus would produce tax deductions. Bristol Myers then reportedly formed a new foreign partnership in Ireland by transferring the patent rights from existing U.S. and Irish affiliates to the newly created partnership. Bristol Myers then proceeded to allocate tax deductions from the new partnership structure in a way that would use amortization deductions associated with Irish patents to offset U.S. taxes [while simultaneously shifting untaxed gains of the U.S. affiliates to the foreign affiliate] and substantially lowering its tax rate. This strategy was extraordinarily effective, as Bristol Myers’s effective tax rate declined from 24.7 percent in 2011 to negative 7 percent in 2012,” Wyden wrote.

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Bill to Protect Taxpayer Rights and Privacy

Tax Gap Reform and IRS Enforcement Act provides guardrails around proposed IRS funding  

Washington, D.C.–Seeking to protect taxpayers against Democrats’ campaign to monitor Americans’ bank accounts, place taxpayer finances in a surveillance dragnet, and provide massive, additional mandatory funding to IRS for an army of IRS agents, U.S. Senate Finance Committee Ranking Member Mike Crapo (R-Idaho) and U.S. House Ways and Means Republican Leader Kevin Brady (R-Texas) introduced the Tax Gap Reform and Internal Revenue Service (IRS) Enforcement Act.   

“In light of recent proposals to massively expand the IRS, with unprecedented amounts of mandatory funding, and the IRS’s continued abuses of taxpayer rights and privacy, any additional IRS funding and monitoring of Americans’ private finances must come with guardrails to help protect against abuses,” said Crapo.  “This legislation places important guardrails around IRS funding to protect taxpayers’ rights and privacy.”   

“Before American taxpayers are subjected to 80,000 new IRS agents and surveillance of their private bank accounts, let’s begin with an accurate, independent estimate of Treasury’s so-called ‘tax gap,’” said Brady. “This bill also protects taxpayers from IRS targeting based on their political or religious beliefs and closes loopholes that risk leaking private taxpayer returns.” 

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