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Copyright 1999 Plain Dealer Publishing Co.  
The Plain Dealer

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July 18, 1999 Sunday, FINAL / ALL

SECTION: BUSINESS; Pg. 2D

LENGTH: 619 words

HEADLINE: TAX LAWS;
BLAMED;
FOR FOREIGN;
TAKEOVERS;
COMPANIES URGE;
SYSTEM OVERHAUL

BYLINE: By ROB WELLS; BLOOMBERG NEWS

DATELINE: WASHINGTON

BODY:
Burdensome tax laws on U.S. corporations' overseas activities are a factor in foreign corporate takeovers of U.S. firms, according to a corporate-financed study.

"If we don't change the tax code, we are literally driving jobs out of this country," House Ways and Means Chairman Bill Archer said. Archer's remark came as major accounting firms and corporations released a study of cross-border mergers last year which showed foreign companies made 34 acquisitions of U.S. companies - twice as many as the U.S. companies' 17 acquisitions of foreign companies. The study by PricewaterhouseCoopers was of mergers exceeding $500 million.

The study referred to acquisitions such as that of Amoco Corp. by British Petroleum Co. and Chrysler Corp. by Daimler-Benz AG. It's intended to support the corporate community's call to simplify tax laws governing international activities of U.S. firms.

"U.S. tax rules that are out of step with those of other major industrial countries are now more likely to hamper the competitiveness of U.S. multinationals in today's economy," said Peter Merrill, a principal at PricewaterhouseCoopers LLP. He testified on behalf of the National Foreign Trade Council.

Fred Murray, vice president at the National Foreign Trade Council, cited a study by the Organization for Economic Cooperation and Development that found the United States and Japan tied as the "least competitive G-7 countries for a multinational company to locate its headquarters, taking into account taxation at both the individual and corporate levels."

Also urging the committee to simplify international tax laws were executives from Daimler-Chrysler Corp., Caterpillar Inc. and American Express Co.

John Loffredo, DaimlerChrysler's chief tax counsel, said complex U.S. tax laws were a factor in the decision to have the newly combined firm locate itself in Germany instead of the United States.

"The U.S. tax system did not give me any weapons to fight to make it a U.S. company," Loffredo said.

Loffredo and other executives backed a bill to overhaul international tax laws sponsored by New York Republican Rep. Amo Houghton and Rep. Sander Levin, a Michigan Democrat. The measure would permanently extend a tax deferral of active financing income. That deferral allows banks and financial services companies to put off paying taxes on income generated abroad until the funds are brought back to the United States. Major manufacturers said this deferral is important to competing successfully overseas and continuing to create jobs in the United States.

"If we are to maintain our primary philosophy of 'build it here and sell it there,' we need a modern tax policy that is consistent with our global focus,' said Sally Stiles, international tax manager for Caterpillar Inc. The plan is especially important for Caterpillar to compete on a level playing field with overseas companies when it offers financing to purchase its tractors and other equipment.

The Houghton-Levin bill also would simplify reporting by U.S. companies engaged in 10-50 joint ventures, in which a U.S. company owns 10 percent to 50 percent of an overseas company. The bill would let companies group income from 10-50 ventures, instead of reporting each venture separately, after Jan. 1, 2000. Current law that won't allow this until 2003.

The bill would also eliminate a discrepancy on tax recapture rules for domestic and foreign operations when a company experiences a loss one year and a profit the next.

It also calls on the Treasury to study whether the European Union should be treated as a single country for tax purposes and to study rules on allocating interest expenses between domestic and overseas operations.

LOAD-DATE: July 19, 1999




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