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WTO CASE FILE: foreign sales corporations

Monday, November 22, 1999

By MICHAEL PAULSON Mail Author
SEATTLE POST-INTELLIGENCER
WASHINGTON CORRESPONDENT

At stake: A provision of U.S. law that allows multinational companies, including The Boeing Co. and Microsoft Corp., an estimated $2.5 billion exemption from U.S. income taxes for income earned outside the United States.

Background: The U.S. tax code allows a tax exemption for exports generated by a what is known as a foreign sales corporation, a subsidiary of a U.S. corporation that is established offshore to handle foreign sales. An estimated 3,600 companies, including Boeing, Microsoft and General Motors, have set up such subsidiaries in tax havens such as the U.S. Virgin Islands. This type of U.S. tax policy has been a sore subject for some time; a previous U.S. tax provision on the same subject was found to be an illegal export subsidy by a previous international trade body, the General Agreement on Tariffs and Trade.

How the WTO got involved: The European Communities in 1997 challenged the U.S. Foreign Sales Corporation law as an illegal export subsidy that gives U.S. exporters an unfair competitive advantage.

What the WTO said: The WTO ruled that the U.S. tax exemption was really a prohibited form of export subsidy.

The result: None yet. The WTO wants the U.S. Congress to rewrite the tax code. The U.S. government is appealing the case.

How the United States sees it: The United States claims that the WTO made "multiple legal errors" in issuing its decision.

How the European Union sees it: A major victory that balances out European losses in disputes with the United States over bananas and beef.

Postscript: The United States has appealed the ruling by the WTO dispute resolution panel to the WTO's appellate body. A ruling is expected early next year.

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