FREE: Senate Bill cracks down on offshore activities

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


FREE: Senate Bill cracks down on offshore activities

US Senator Carl Levin at a July 12 press conference presented a revised version of his 2009 Stop Tax Haven Abuse Act.

us-senate150.png

The Bill would close loopholes connected with offshore credit-default swaps and foreign subsidiary deposits and would require firms to do country-by-country reporting.

Under present legislation, credit-default swap payments from the US to offshore jurisdictions are considered foreign-source income so they are not taxable. Under Levin’s Bill, such payments would be labelled as originating from the US.

Section 106 of the Act would also tax US-based, dollar-denominated bank accounts that contain funds from offshore subsidiary accounts opened by US firms.

“If [US companies] bring that income here to the US to seek the protections and benefits of having it deposited in US currency at US financial institutions, then those deposits should be treated as repatriated and subject to the same taxes that other domestic corporations pay,” stated a press release from Levin’s office.

The country-by-country reporting stipulation, under section 201 of the Bill, would force multinational corporations to register operations in individual jurisdictions rather than report overseas operations in composite. This information would be furnished to the US Securities and Exchange Commission.

Section 101 of the Bill would present to US authorities a menu of punitive measures with which to punish offshore banks deemed to be hindering US tax collection efforts. For example, credit cards issued by such banks could not be used in the US.

Section 102 aims to strengthen and clarify disclosure obligations under the Foreign Account Compliance Act (FATCA). Once FATCA goes into effect in 2013, it will force foreign financial institutions to disclose information on accounts held by US persons.

Levin said during the press conference that the US is losing an estimated $100 billion a year in revenue in offshore accounts.

“Clamping down on offshore users is one way to bring down the deficit,” he said.

Repatriating offshore funds has been in the news over the past several weeks as lawmakers and the Obama administration debate ways to alleviate the country’s deficit. The recession has prompted the government to track down hidden sources of revenue. Going after offshore accounts is one way to recoup funds without raising taxes, as well as aid smaller businesses without the resources to develop overseas holdings.

“Small businesses simply can’t be at parity with these multinationals,” said Frank Knapp, president and CEO of the South Carolina Small Business Chamber of Commerce, at the press conference.

Levin was more direct in his final comments. “We gotta shut down these darn tax havens,” he said.

more across site & shared bottom lb ros

More from across our site

The recently founded AI platform stands out in a crowded marketplace thanks to a compelling vision and friends in the right places
Advisers expect consumption tax reform to stay on course, but debt pressures could push the government towards tougher enforcement and incentive reviews
The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
The AI platform, founded last year by two school friends, is partnering with challenger firms like Unity Advisory and A&M Tax to launch its own assault on the AI tax market
Not only has Aurtus received recognition from ITR in the past, but its founder was both a partner at KPMG and co-founder of Dhruva Advisors
Clients care more about considered counsel than rapid media-friendly soundbites, says Matthew Gilleard, associate director at Infinite
It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
Gift this article