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EU Threatens Trade War Over US Tax Provisions
TradeAlert.org ^ | Wednesday, May 14, 2003 | William R. Hawkins

Posted on 05/15/2003 11:23:58 AM PDT by Willie Green

For education and discussion only. Not for commercial use.

The European Union is threatening $4 billion in trade sanctions against the United States over the manner in which American corporations are taxed on overseas income. Courtesy of globalization and U.S. membership in the World Trade Organization, foreign nations can now dictate American tax policy, once the sovereign realm of the U.S. Congress.

Any economic or trade decision by the EU must, of course, be seen not simply as a matter of “harmonizing different systems,” but as an attempt to skew the playing field in their favor. It is an exercise in power politics, and not principles that are at stake. There is escalating tension between the French-German faction of the "old Europe," which controls EU policy, and the United States. The EU´s goal is fairly simply stated: to curtail America's global preeminence.

Since 1984, Foreign Sales Corporation (FSC) provisions have enabled U.S. exporters to exempt between 15% and 30% of their export income from U.S. taxes. According to Internal Revenue Service data, FSC provisions were used on almost half of U.S. goods exports. In 1998, the EU filed a complaint with the World Trade Organization (WTO), arguing that the United States' FSC tax benefit was an export subsidy in violation of WTO rules.

An interesting question has been why the EU waited almost 14 years to challenge the FSC. The answer lies in the slowdown of the world economy since the 1997 Asian financial crises. All trade issues have become more difficult as states and corporations seek economic advantages in rough times.

In October 1999, a WTO panel ruled in the EU=s favor; and in November 2000, the United States revised its export tax provisions in an attempt to meet WTO requirements without crippling American exports. U.S. firms must compete with European firms, which have a portion of their value-added taxes (VAT) rebated by their governments on goods they export. American exporters pay a 35% U.S. corporate tax on their profits. In addition, they pay the VAT on goods they export for sale in Europe. The FSC compensates American manufacturers for this double taxation, thus leveling the playing field and preserving American jobs in the export sector.

However, the EU challenged the revised system, and the WTO ruled on August 30, 2002 that the EU can impose $4 billion in punitive duties on U.S. exports. By this time, the U.S. dispute with France and Germany at the United Nations over Iraq had heated up.

Although the U.S. economy is growing slowly, the EU seems to be heading back toward a recession. The ongoing conflicts at both the UN and WTO show the role of economic rivalry in world politics. France and Germany want the UN to run the reconstruction effort in Iraq, so as to protect the substantial trade and investment ties they had with Saddam Hussein's regime. EU Trade Minister Pascal Lamy of France has threatened to challenge the United States over Iraq at the WTO.

The EU cannot match the U.S. as a global military power, but it can use its influence in multilateral organizations to strike at the economic foundations of American strength. The foreign judges who decide WTO cases represent countries whose interests would be advanced if the competitiveness of American firms and products can be undermined. For this reason, among others, it was a dreadful mistake for the United States to accept the creation of the WTO, and the Bush Administration would be wise to exercise its right to withdraw. The making of tax and trade policy and the conduct of negotiations are the proper duties of the national government, not matters to be surrendered to third parties who have no concern for, and often a marked bias against, the interests of the American people.

The FSC case is the largest action brought before the WTO and represents a substantial break with the idea that the WTO would only deal with minor trade disputes as a way of shielding the major powers from unnecessary conflict. The largest case the U.S. has brought at the WTO was in 1999 when it imposed punitive tariffs on $308 million of EU exports over trade restrictions on bananas and hormone-treated beef. The U.S. retaliation for bananas was lifted in 2001, but $116 million in duties remain from the beef dispute, a pittance compared to the $4 billion EU threat.

On May 13, the Bush Administration finally filed a long overdue WTO challenge to the EU's moratorium on biotech foods and crops. Washington has exercised on this issue even as the EU has led a coalition to block the liberalization of world farm trade, which has been the primary U.S. objective in WTO negotiations. EU resistance was a major cause of the 1999 failure to launch a new round of talks in Seattle and has now stalled the Doha Round. The EU has even used its diplomatic clout in Africa to block the acceptance of American food aid as prejudicial to European farm interests.

U.S. lawmakers have also tried to seek compromise. Sen. Chuck Grassley, chair of the Senate Finance Committee, has offered a five year phase out of the FSC. The EU has rejected this reasonable offer. Rep. Phil Crane, chair of the House Subcommittee on Trade, wants to replace the FSC with a tax reduction on all American manufacturing. Without some replacement for the FSC, "U.S. jobs and wealth would be artificially transferred to Europe," argues Rep. Crane. Though Crane's bill (H.R. 1769) offers only minor tax relief, the degree of relief is based on the percentage of a firm's production that takes place in the United States, as opposed to overseas. It is thus a step in the right direction, albeit a small one.

American industrial production and exports have been down the last two years. The United States appears headed toward a $600 billion trade deficit this year (about $100 billion of which will be with the EU), which will exert a strong downward pressure on the economy, shaving a probable two percent or more off of GDP growth.

Washington must warn Brussels that a decision to levy sanctions on American exports will begin a trade war that the Europeans cannot win. The EU challenge should, however, awaken American leaders to the need to reform and toughen trade policy if the U.S. is to prosper in a world were political economy is a blood sport.

William R. Hawkins is Senior Fellow for National Security Studies at the U.S. Business and Industry Council.


TOPICS: Business/Economy; Editorial; Foreign Affairs; Government
KEYWORDS: euroweenies; freetrade; globalism; leftwingactivists; taxreform; thebusheconomy
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1 posted on 05/15/2003 11:24:10 AM PDT by Willie Green
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To: Willie Green
Trade relations vs. US Sovereignty
Um mmm! Tough call. Not.
2 posted on 05/15/2003 11:30:16 AM PDT by NetValue (Militant Islam first swarms the states it will later dominate.)
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To: Willie Green
EU threatens AGAIN, WTO, UN? Those voices seem to be distant cries since they left US to deal with Iraq and terrorism. The less we have to do with their policies the more THEY have to deal with it - global warming, national economies, etc.
3 posted on 05/15/2003 11:59:10 AM PDT by caisson71
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To: Willie Green
Oh, this is easy. The U.S. needs to stop taxing overseas income of U.S. Corporations. No one else does it and thus our government is putting our corporations at a competitive disadvantage.
4 posted on 05/15/2003 12:04:36 PM PDT by austinTparty
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To: austinTparty
No one else does it and thus our government is putting our corporations at a competitive disadvantage.

Then why are the Euroweenies protesting the way we currently do it?

Hmmmmmm???

5 posted on 05/15/2003 12:09:21 PM PDT by Willie Green (Go Pat Go!!!)
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To: Willie Green
What would happen if the US was to eliminate all income taxes and corporate income taxes and institute a national consumption tax on all non-food items?

Would that be enough to suck all the companies out of Europe and bring back productivity to the USA?
6 posted on 05/15/2003 12:09:28 PM PDT by Chewbacca (My life is a Dilbert cartoon.)
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To: Chewbacca
That would leave europe somehere in the middle ages.
7 posted on 05/15/2003 12:12:21 PM PDT by Sonny M ("oderint dum metuant")
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To: Willie Green
French backstabbing dirty deeds at work in the EU, not just the UN.

The EU challenge should, however, awaken American leaders to the need to reform and toughen trade policy if the U.S. is to prosper in a world were political economy is a blood sport.

Don't mess with Texas.

8 posted on 05/15/2003 12:13:13 PM PDT by Mister Baredog ((They wanted to kill 50,000 of us on 9/11, we will never forget!))
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To: Willie Green
Anyone know the "nationalities" of the judges who ruled against us in this BS? Might be interesting.
9 posted on 05/15/2003 12:18:15 PM PDT by geedee (Go to Heaven for the climate, Hell for the company.)
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To: Chewbacca
Would that be enough to suck all the companies out of Europe and bring back productivity to the USA?

No. Shifting the entire burden of a bloated federal government onto consumer purchase would only serve to squash the consumer market. Furthermore, such a proposal does absolutely nothing to reduce the oppressive regulatory bureaucracy and excessive litigation.

10 posted on 05/15/2003 12:18:48 PM PDT by Willie Green (Go Pat Go!!!)
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To: Willie Green
LET EM LET EM block our trade that will bring more jobs back hope!!!
11 posted on 05/15/2003 12:42:59 PM PDT by AbsoluteJustice (Kiss me I'm an INFIDEL!!!!)
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To: AbsoluteJustice
Back home
12 posted on 05/15/2003 12:47:59 PM PDT by AbsoluteJustice (Kiss me I'm an INFIDEL!!!!)
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To: *"Free" Trade
http://www.freerepublic.com/perl/bump-list
13 posted on 05/15/2003 12:59:34 PM PDT by Libertarianize the GOP (Ideas have consequences)
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To: Chewbacca; Taxman
What would happen if the US was to eliminate all income taxes and corporate income taxes and institute a national consumption tax on all non-food items? Would that be enough to suck all the companies out of Europe and bring back productivity to the USA?

It would help

14 posted on 03/01/2004 10:30:25 PM PST by staytrue
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To: Willie Green; *Taxreform; ancient_geezer
Thanks for posting this article, Willie.

However, once again, we find ourselve on opposite sides of the tax reform debate and, as before (and as always on these tax threads), you are dead wrong!

In the first place, the entire burden of government is ALWAYS paid by "consumers." The National Retail Sales Tax (NRST) does not seek to, and cannot, change that simple fact of life. What the NRST can and does do is make the tax burden highly visible to the consumers who pay it.

The agenda in this respect is to, over time, by exposing the FRaud and the Big Lie, force the governement to be more respectful of the monies it extorts FRom the taxpayers.

In respect of foreign trade, a NRST would, indeed, cause American products to be more price competitive in overseas and domestic markets, and would, indeed, cause products imported into American markets to be less price competitive.

We have discussed this phenomenom on many occasions over the years on these tax threads.

Now to my main point: Under the NRST, consumers WILL NOT be dinged for an increase in the retail price of domestic goods and services.

THERE WILL BE NO INCREASE IN THE RETAIL PRICE OF GOODS AND SERVICES, WILLIE!

In fact, the total, after tax price of goods and services will, in effect, remain unchanged. A $20,000 car in today's income tax environment will be a $20,000 car in the NRST environment, inclusive of the NRST!

As you know, businesses pay income taxes. They also must pay to comply with the IRC. That combined burden is passed along as a higher price to consumers. It is also reflected as lower earnings for business owners and lower employee wages.

The NRST will the salutory effect of lowering (pre-tax) retail prices, raising business profits and increasing employess wages. It will also make American products more competitive domestically and in the world marketplace.

That is a "FIVEFER!" if I ever heard of one, Willie! A "SIXFER!" when you account for the decreased price competitiveness of imported goods.

And, to address your specific point that the NRST will "only serve to squash the consumer market" You are 100% wrong.

Americans, under the NRST, by virtue of being able to keep 100% of their earnings, not being punished for working, saving and investing and the Family Consumption Allowance, will see and immediate increase in their standard of living. Americans will have more disposable income(even after the NRST is imposed on retail purchases), and will save and consume more, causing the American economy to really boom!

And, as I pointed out above, retail after tax prices will not increase. Let me repeat myself: Americans will have more money and they will spend and save more. It is that simple.

The American economy will really take off under the NRST. Try doubling the GNP rate of growth for starters. And, it gets better over time.

The NRST is a WIN-WIN FOR AMERICA, WILLIE!

As for reducing "the oppressive regulatory bureaucracy and excessive litigation," Willie, you gotta start somewhere, and fundamental tax reform is the place to start.

Once the NRST empowers the American people and disempowers the government in respect of taxes, we can organize ourselves around the issues of oppressive regulation and excessive litigation, and do the same: disempower government!

Work with us here, Willie. We need your help and the help of millions more thoughtful Americans to Take Our Country Back.

Gotta start somewhere, and this is it!
15 posted on 03/02/2004 5:36:50 AM PST by Taxman
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To: Taxman
Thanks for posting this article, Willie.

You're more than welcome.
William Hawkins is one of my favorite essayists on the issue of globalization.

However, once again, we find ourselve on opposite sides of the tax reform debate

Yes. That's because the long term effects of your extremist tax "reform" panacea would result in a two-tiered socio-economic stratification of our citizenry: Essentially a 21st Century eco-feudal system where the globo-corporate aristocracy would reign in a tax-free environment while 90% of the consuming peasantry would be encumbered with an onerous and excessively burdensome taxation on consumption to finance the social security welfare redistribution system.

Now to my main point: Under the NRST, consumers WILL NOT be dinged for an increase in the retail price of domestic goods and services.
THERE WILL BE NO INCREASE IN THE RETAIL PRICE OF GOODS AND SERVICES, WILLIE!

Good grief. Of course consumers will be "dinged" for any increase in the retail price of goods and services, just like they always are.
How the hell do you think you're gonna stop prices from fluctuating according to the laws of supply and demand, ninny? Price controls?

16 posted on 03/02/2004 8:45:48 AM PST by Willie Green (Go Pat Go!!!)
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To: Willie Green; *Taxreform; ancient_geezer
Good grief! Willie!

A two-tiered society? Please cite for me the research that concludes that such a ridiculous long-term outcome would result when the US replaces the income tax with a National Retail Sales Tax and abolishes the IRS!

Pay attention, Willie. There will be no increase in the price of goods and services solely as a result of replacing the income tax with a National Retail Sales Tax.

The laws of supply and demand are entirely different and have no relationship to the NRST.

Your thoughts on this, Geezer?

17 posted on 03/02/2004 12:05:16 PM PST by Taxman
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To: Taxman; Willie Green

There will be no increase in the price of goods and services solely as a result of replacing the income tax with a National Retail Sales Tax.

When you remove a cost from business, whether it be a tax imposed along with costs associated with any remitted tax, or any other cost of doing business, it places that business in a more competitive position. Prices will move to sustain market share, that means room to move retail pricing downward as producer prices decline, with profits and labor costs remaining constant.

The key to remember the NRST replaces all income and payroll taxes, it is not an additional tax, thus does not add to the total cost of consumer products.

The new shelf price plus NRST will just be where todays prices with those embedded costs are now as set by Supply/Demand factors.

Producer prices are expected to fall approximately 22% in response to the repeal of business portions of income & payroll taxes along with the costs of compliance associated with those taxes. With a 23% NRST the total payment for a given basket of consumer goods remains essentially constant with with what it is today.

The NRST merely makes a burden that is now embedded into retail pricing visible to the consumer. It becomes a separated line item on a sales receipt instead of being buried out of view as it is under the income/payroll tax.

18 posted on 03/02/2004 3:30:33 PM PST by ancient_geezer (Equality, the French disease: Everyone is equal beneath the guillotine.)
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To: ancient_geezer
When you remove a cost from business, whether it be a tax imposed along with costs associated with any remitted tax, or any other cost of doing business, it places that business in a more competitive position.

As I've pointed out to you many times, the fatal flaw in your arguement is your assertion that the corporate income tax is a "cost". It is NOT. It is a government confiscation of a portion of the profits (if any) AFTER costs are deducted from revenues.

Frankly, your tax will probably stick it too taxpayers even more because you're taking a BIG chunk of the retail price right off the bat, regardless of whether or not the business makes a profit.

19 posted on 03/02/2004 3:41:03 PM PST by Willie Green (Go Pat Go!!!)
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To: Willie Green
Wiilie, just slow down a bit?
Some questions for you:
1) Who pays the corporate taxes?
2) What is the percentage of VAT in Europe, which is in addition to a lot of other taxes they pay?
3) If a corporation is taxed at a rate of 35%, who pays the bill?
4) Who pays the VAT tax?

A hint, let's examine the billion dollar rewards that were handed down by the courts against the cigarette manufacturers? Who paid those settlements?
20 posted on 03/02/2004 3:57:52 PM PST by americanbychoice2
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