New legislation headed for President Bush's desk for his signature attempts to prevent
US companies from using offshore structures to avoid paying domestic social
security and medicare taxes, and tighten expatriation rules, Senators John Kerry
(D - Mass.) and Barack Obama (D - Ill.) have announced.
The Heroes Earnings Assistance and Relief Tax Act of 2008 (The 'HEART Act')
passed the House of Representatives on 21st May, and will provide tax relief
to those serving in the US armed services and others volunteering service on
behalf of the United States, including Peace Corps volunteers and AmeriCorps
volunteers.
It is to be paid for by a Kerry-Obama tax reform that closes a tax loophole
which supposedly allowed defense contractor KBR to avoid paying US taxes.
Kerry and Obama introduced the Fair Share Act of 2008 in March to close this
loophole, after it was discovered that KBR and another defense contractor had
avoided paying Social Security and Medicare taxes by creating "shell companies"
in the Cayman Islands.
“This important bill will provide much needed tax relief to our brave
service members and hold American companies accountable for paying taxes and
guaranteeing that employees receive the benefits they are entitled to through
their employment,” explained Obama.
“For the sake of transparency and fairness in our tax system, we cannot
allow Federal contractors to set up shell corporations in tax shelters and shirk
their responsibility to pay payroll taxes for their American employees. I commend
Senator Kerry for his leadership on behalf of America's small businesses, workers,
and service members and I call on the President to sign this bill into law,"
the Democrat presidential candidate added.
The HEART Act would also tighten expatriation rules to prevent certain high-net-worth
individuals from renouncing their citizenship or terminating their residence
in America in order to avoid US taxes.
Under this provision, these wealthy individuals
would be treated as if they sold all of their property for its fair market value
on the day before they expatriate or terminate their residence.
The gain would be recognized to the extent that the aggregate gain recognized
exceeds USD600,000 (which would be adjusted for cost of living in the future).
A third revenue provision would modify treatment of certain foreign persons
performing services under contract with the United States.
The HEART Act would generally treat foreign subsidiaries of American companies performing services under
a US government contract as American employers for employment tax purposes.
The domestic parent would be jointly liable for employment taxes imposed on
the foreign subsidiary.