America once went to war to escape British taxes. Now, U.S. companies are moving to the U.K. to pay them.
U.S. businesses are buying foreign companies in countries with lower tax rates so they can switch their legal home and cut their tax bills. The process, known as inversion, is the hottest trend in mergers and acquisitions, driving some of the biggest takeovers this year.
While some companies are heading to low-tax countries like Ireland and the Netherlands, Britain is emerging as the most popular landing spot because American executives are comfortable with its location, language and lifestyle. A tax break for companies filing for patents in the U.K. is another reason, particularly for pharmaceutical makers, which have been big participants in the inversion rush.
Around 20 American companies have reincorporated overseas in the past 18 months, at least in part to escape the reach of the Internal Revenue Service, according to Robert Willens, a corporate tax adviser in New York, with about eight choosing the U.K. There have been a total of about 55 inversion deals since 1994, he said.
"Right now, it's safe to say that the U.K. is the preferred country of destination for inverted companies, given the favorable tax regime and the non-tax attractions of the U.K.," said Mr. Willens, a former managing director at Lehman Brothers. ...
Britain's emergence as an inversion haven is based in part on a dramatic overhaul of the country's corporate tax code over the past five years. The coalition government of the Conservative and Liberal Democrat parties has put in place a series of cuts that will reduce the main corporate tax rate to just 20% next year from 28% in 2010, as well as measures to lower tax on income from intellectual property.
The U.S. corporate income tax rate is about 39.1%, the highest among the developed countries that form the Organization for Economic Cooperation and Development, according to that organization. ...
A company can be incorporated in the U.K. and be subject to its corporate-governance structure, which many companies find attractive. They can also choose to maintain their operational headquarters in another country where the corporate tax rate may be lower than in the U.K. and pay taxes there, provided the company's board also meets in that country. That differs significantly from the U.S.: Companies incorporated there must pay taxes, even on overseas income.